HomeMy WebLinkAbout20160043.tiffRESOLUTION
RE: APPROVE REVISED AGREEMENT FOR CONSTRUCTION SERVICES FOR TRM
INSTALLATION (EM -BR 27.5-48A, TWO RIVERS PARKWAY) PURSUANT TO THE
REQUIREMENTS OF FHWA FORM 1273 AND AUTHORIZE CHAIR TO SIGN -
L AND M ENTERPRISES, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on February 8, 2016, the Board of Commissioners awarded Bid #61500196
and approved the Agreement for Construction for TRM Installation (EM -BR 27.5-48A, Two Rivers
Parkway), and
WHEREAS, the Board has been presented with a Revised Agreement for Construction
Services for TRM Installation (EM -BR 27.5-48A, Two Rivers Parkway) pursuant to the
requirements of FHWA Form 1273 between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and L and M Enterprises, Inc., commencing March 9, 2016, and ending
December 31, 2016, with further terms and conditions being as stated in said revised agreement,
and
WHEREAS, after review, the Board deems it advisable to approve said revised
agreement, a copy of which is attached hereto and incorporated herein by reference, which will
supersede the original agreement approved on February 8, 2016.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Revised Agreement for Construction Services for TRM Installation
(EM -BR 27.5-48A, Two Rivers Parkway) pursuant to the requirements of FHWA Form 1273,
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and L and M
Enterprises, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said revised agreement.
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2016-0043
EG0073
REVISED AGREEMENT FOR CONSTRUCTION SERVICES FOR TRM INSTALLATION
(EM -BR 27.5-48A, TWO RIVERS PARKWAY) PURSUANT TO THE REQUIREMENTS OF
FHWA FORM 1273 - L AND M ENTERPRISES, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of March, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTESIWC�d�..I . GC "'i
Weld County Clerk to the Board
unty orney
Date of signature: 3/1
r
Mike Freeman, Chair
rbara Kirkmeyer
Steve Moreno
2016-0043
EG0073
MEMORANDUM
Date: March 8, 2016
To: Trevor Jiricek, Director of General Services
From: Richard White, Don Dunker
RE: Bid Request No. B1500196
BOCC Approval Date March 9, 2016
Bids were received for flood project EM -BR 27.5/48A (Two Rivers Parkway), on December 30, 2015 for
contracted installation of TRM along flood damaged portions of Two Rivers Parkway between CR 48.5
and CR 52. The low bidder is L&M Enterprise, Inc. of Berthoud Colorado. The BOCC previously
approved awarding the contract to L&M Enterprise, Inc. on January 25th 2016. On March 3rd CDOT
forwarded FHWA form 1273 along with directions to add the form 1273 requirements to the contract.
This form lists all the EEO requirements to go along with the construction contract, such as certified
payroll based on the latest Davis Bacon wage rates.
L&M Enterprise, Inc. agreed to adhere to the requirements of FHWA form 1273 and the form has been
added to the contract and L&M Enterprise, Inc. has resigned the contract. The revised contract now needs
to be resigned by the Board Chairman. The resigned contract will supercede the previously approved
contract. This project is eligible for reimbursement from FHWA and CDBG flood recovery funding and
the resigned contract will now meet all the FHWA requirements.
It is our recommendation to resign the contract which will be awarded to L&M Enterprise, Inc. in the
amount of amount of $136,293.33. This contractor has completed similar work for us in the past with
success. Construction of the project is anticipated to begin in March, 2016 with completion of the project
anticipated by mid -April.
WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY & L&M ENTERPRISES, INC
TRM INSTALLATION FOR EM -BR 27 5-48A (TWO RIVERS PARKWAY)
THIS AGREEMENT is made and entered into this day of Y k,4(. , 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 L&M ENTERPRISES, INC., a corporation, whose address is 735 E. Hwy 56,
Berthoud Co. 80513, hereinafter referred to as "Contractor".
WHEREAS, Weld County Roads (Two Rivers Parkway) is in need of repair as a result of 2013
Flood Event, (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 these roads, and
WHEREAS, County requires an independent contract construction professional to perform the
construction services required by County and set forth in Exhibit 'A'; and 'B'
WHEREAS, Contractor is willing to perform and has the specific ability to perform the required
Construction Services at or below the cost set forth in Exhibit 'B':
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill,
expertise, and experience necessary to provide the equipment, materials and services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in Exhibits 'A'
and 'B', each of which forms an integral part of this Agreement. Exhibits 'A' and 'B' are specifically
incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement,
including specifically Exhibits 'A' and 'B', define the performance obligations of Contractor and Contractor's
willingness and ability to meet those requirements.
Exhibit 'A' consists of County's Request for Bid as set forth in "Bid Package No. B1500196". The
Request for Bid 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
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those described in this Agreement. Contractor shall further be responsible for the timely
completion, and acknowledges that a failure to comply with the standards and requirements of
Exhibits 'A' and 'B' within the time limits prescribed by County may result in County's decision to
withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director
of the Department of Public Works or his or her designee, may extend the time for the Contractor
to complete the service or work, by not more than thirty (30) days. Such extension shall not
increase the compensation to be paid to the Contractor nor change any other term herein.
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by
County, and shall continue through and until Contractor's completion of the responsibilities
described in Exhibits 'A' & 'B'. Both of the parties to this Agreement understand and agree that the
laws of the State of Colorado prohibit County from entering into Agreements which bind County for
periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date
of this Agreement, County shall notify Contractor if it wishes to renew this Contract.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30)
days written notice. Furthermore, this Agreement may be terminated at any time without notice
upon a material breach of the terms of the Agreement. However, nothing herein shall be construed
as giving Contractor the right to provide materials (or services) under this Agreement beyond the
time when such materials (or services) become unsatisfactory to the County.
If this Agreement is terminated by County, Contractor shall be compensated for, and such
compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has
submitted and which have been approved by the County; (2) the reasonable value to County of the
materials which Contractor provided prior to the date of the termination notice, but which had not
yet been approved for payment; and (3) the cost of any work which the County approves in writing
which it determines is needed to accomplish an orderly termination of the work. County shall be
entitled to the use of all material generated pursuant to this Agreement upon termination.
Upon termination, County shall take possession of all materials, equipment, tools and facilities
owned by County which Contractor is using, by whatever method it deems expedient; and,
Contractor shall deliver to County all drawings, drafts or other documents it has completed or
partially completed under this Agreement, together with all other items, materials and documents
which have been paid for by County, and these items, materials and documents shall be the
property of County. Copies of work product incomplete at the time of termination shall be marked
"DRAFT -INCOMPLETE"
Upon termination of this Agreement by County, Contractor shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any act incidental
thereto, except for compensation for work satisfactorily performed and/or materials described herein
properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by Contractor shall be the basis
for additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County
has been unjustly enriched by any additional services, whether or not there is in fact any such
unjust enrichment, shall be the basis of any increase in the compensation payable hereunder.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of
the Project, and County's acceptance of the same, County agrees to pay an amount no greater
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than $ 136,293.33, 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.
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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
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shall keep the required insurance coverage in force at all times during the term of the Agreement, or
any extension thereof, and during any warranty period. The required insurance shall be
underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company
as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any
of the above -described policies by canceled or should any coverage be reduced before the expiration
date thereof, the issuing company shall send written notice to the Weld County Director of General
Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days
prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall
be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County
must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be
responsible for the payment of any deductible or self -insured retention. County reserves the right to
require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of
the deductible or self -insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Contractor/Contract Professional. The County
in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor
from liabilities that might arise out of the performance of the work under this Contract by the
Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not
relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its
failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to
these requirements must be made in writing by Weld County.
The Contractor stipulates that it has met the insurance requirements identified herein. The
Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all
construction services provided, the timely delivery of said services, and the coordination of all
services rendered by the Contractor and shall, without additional compensation, promptly remedy
and correct any errors, omissions, or other deficiencies.
Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type
or character arising out of the work done in fulfillment of the terms of this Contract or on account of
any act, claim or amount arising or recovered under workers' compensation law or arising out of the
failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree.
The Contractor shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this Agreement
or its failure to comply with the provisions of the Agreement, or on account of or in consequence of
neglect of the Contractor in its construction methods or procedures; or in its provisions of the
materials required herein, or from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive
expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss
investigation, defense and judgment costs where this contract of indemnity applies. In
consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation
against the County its associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers for losses arising from the work performed by
the Contractor for the County. A failure to comply with this provision shall result in County's right to
immediately terminate this Agreement.
Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times
during the term of any Agreement, insurance in the following kinds and amounts:
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Workers' Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all of the Contractor's Contract Professional's employees acting within the
course and scope of their employment. Policy shall contain a waiver of subrogation against the
County. This requirement shall not apply when a Contractor or subcontractor is exempt under
Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the
appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation)
Coverage B (Employers Liability)
Statutory
$ 500,000
$ 500,000
$ 500,000
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent,
covering premises operations, explosions, collapse and underground hazard, personal advertising
injury, fire damage, independent Contractors, products and completed operations, blanket
contractual liability, personal injury, and liability assumed under an insured contract. The policy shall
be endorsed to include 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.
Additional provisions:
Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must
provide the following:
i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or
reserved claims, Contractor shall notify County within ten (10) days and reinstate the
aggregates required;
ii. Unlimited defense costs in excess of policy limits;
iii. Contractual liability covering the indemnification provisions of this Agreement;
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iv. A severability of interests provision;
v. Waiver of exclusion for lawsuits by one insured against another;
vi. A provision that coverage is primary; and
vii. A provision that coverage is non-contributory with other coverage or self-insurance
provided by County.
For all general liability, excess/umbrella liability, liquor liability, pollution liability and
professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or
before the contract date or the first date when any goods or services were provided to County,
whichever is earlier.
Contractors/Contract Professionals shall secure and deliver to the County at or before the time of
execution of this Agreement, and shall keep in force at all times during the term of the Agreement
as the same may be extended as herein provided, a commercial general liability insurance
policy, including public liability and property damage, in form and company acceptable to and
approved by said Administrator, covering all operations hereunder set forth in the related Bid or
Request for Proposal.
Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide
a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk
Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor
liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an
additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive
subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers
or other entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of
Contractor/Contract Professional. Contractor/Contract Professional shall include all such
subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its
policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract
Professional agrees to provide proof of insurance for all such subcontractors, independent
Contractors, sub -vendors suppliers or other entities upon request by the County.
14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or
claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign
or transfer its rights hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may
be granted or denied at the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that any duly
authorized representative of County, including the County Auditor, shall have access to and the
right to examine and audit any books, documents, papers and records of Contractor, involving all
matters and/or transactions related to this Agreement. The Contractor agrees to maintain these
documents for three years from the date of the last payment received.
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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,
Matt LaPorte & Richard White. 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: L&M Enterprises, Inc.
Attn.: Dylan Stracker
Address: 735 E. Hwy 56
Address: Berthoud, Co. 80513
E-mail: Dylan@Imenterprisesinc.com
Facsimile:970.532.5814
County:
Name: Richard White
Position: Project Manger
Address: 1111 H Street
Address: Greeley Co. 80634
E-mail: rdwhite@weldgov.com
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
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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 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.
9
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. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required
by the provisions of Exhibit A, 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 A, County's Request for Proposal, and is a part this Agreement.)
10
31. Compliance with CDBG-DR General Conditions Attachment A. Contractor understands and
Agrees that if required by the provisions of Appendix A, the work shall be in compliance with the
applicable GENERAL CONDITIONS and is a part of this Agreement.
32. 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.
33. 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.
34. Special Flood Provision: The successful bidder agrees that it is a • Sub -grantee" as that term is
Used and/or referred to in the Grant Agreement between the State of Colorado, Department of
Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public
Assistance FEMA-OR-4145-CO: 14-04145-011, Routing/CMS Number 63343 of the State
Contract"), approved by the Board of County Commissioners of Weld County on December 16,
2013. The successful bidder shall comply with all requirements of the Sub -grantee as stated in the
State Contract. The successful bidder also shall comply with the terms, requirements, and
conditions as they apply to the "Grantee: which are set forth in Sections 12 A and C, 13 B and C,
and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder
shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the
State Contract.
35. Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this
Agreement, with the attached Exhibits 'A' and 'B', is the complete and exclusive statement of
agreement between the parties and supersedes all proposals or prior agreements, oral or written,
and any other communications between the parties relating to the subject matter of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this
YY\C a\ , 2016.
CONTRACT
By:
Name:
Title:
X'.tr
rode c mar-ajc,r
Date 03- ()- a o �.tJ
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^o,-� Lay--; ruts~
11(\:i s rl U.1'Vt . J 1, h� i_ -ct) �� m� on 3 a C_> ( i .D
\o\-1 D./\ -os-�ctr-, E
DONNA BRADSHAW
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20104035960
COMMISSION EXPIRES JAN, 05, 2019
day of
WELD COUNEyC� r�_
ATTEST: �• `'�'c.i BOARD OF COUNTY COMMISSIONERS
Weld n Clerk to the Beard
BY:( /
Deputy CI ; rk to the Bo
WELD COUNTY, COLORADO
Mike Freeman, Chair
?AR 092016
APPROVED AS TO FUNDING:_ .�,,APPROVED AS • SUBSTANCE:
Controller
ROVE
rector of General Services
County Attorney
EXHIBIT
BID REQUEST NO. B1500196 �
WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
CONTRACT BID DOCUMENTS
AND SPECIFICATIONS FOR PROJECT:
TRM INSTALLATION FOR EM-BR 27.5-48A (TWO RIVERS PARKWAY)
__.._......�._'�.".,�,�
����' \ 1$�`1 / '�� �
` GOUN �` Y
���.;�
December 10, 2015
Weld County Public Works
Division of Engineering
P.O. Box 758
1111 H Street
Greeley, Colorado 80632
970-304-6496
BID NO#B1500059
Pagei
TABLE OF CONTENTS
The following checked forms and provisions take precedence over plan drawings and supplement the 2011
edition of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction"
(Standard Specifications)which is to be used to administer the construction of this project.
BIDDING REQUIREMENTS: `All Bidders must submit these forms with their Bid.
Invitationfor Bids ............................................................................................................................1
Instructionsto Bidders .............................................................................................................. 2-10
*Bid Schedule ........................................................................................................................ .11-12
'Fuel Cost Adjustment Option (see Special Provisions for F/A Items)
"Bid Bond................................................................................................................................ 14-15
'IRS Form W-9..............................................................................................................................16
*Statement of Qualifications and Subcontractors................................................................... 17-20
`Civil Rights Certification......................................................................................................... 73-76
"Certification of Bidder Regarding Equal Employment Opportunity....................................... 77-78
'Certification of Contractor Regarding Section 3& Segregated Facilities....................................79
`Non-Collusion Affidavit of Prime Bidder......................................................................................80
* Section 3 Business Certification........................................................................................... 81-82
*Section 3 Resident Certification .................................................................................................n/a
"Anti-Collusion Affidavit(CDOT Form 606).................................................................................n/a
'Bidders List(CDOT form 1413) ................................................................................................n/a
*Anticipated DBE Participation Plan (CDOT Form 1414)............................................................n/a
WELD COUNTY CONTRACT FORMS: "Low Bidder must submit these forms prior to Contract Award.
*Notice of Award ...........................................................................................................................21
"Agreement............................................................................................................................. 22-52
*Performance Bond................................................................................................................. 53-55
*Labor and Materials Payment Bond...................................................................................... 56-63
Noticeto Proceed .........................................................................................................................64
ChangeOrder...............................................................................................................................65
MinorContract Revision................................................................................................................66
Certificate of Substantial Completion............................................................................................67
LienWaiver............................................................................................................................. 68-69
FinalLien Waiver.................................................................................................................... 70-71
Noticeof Acceptance....................................................................................................................72
CDOT REQUIRED CONTRACT FORMS: "Low Bidder must submit these completed forms to Weld County within
five calendar days of selection as the apparent low bidder.
*Contractor's Performance Capability Statement (CDOT Form #605)........................................n/a
*Assignment of Antitrust Claims (CDOT Form #621) ..................................................................n/a
"Certification of Proposed Underutilized DBE Participation (CDOT Form #1415) ......................n/a
"DBE Good Faith Effort Documentation (CDOT Form 1416) .....................................................n/a
WELD COUNTY PROJECT SPECIAL PROVISIONS:
Special Provisions Index...............................................................................................................84
Project Special Provisions ................................................................................................... 85-101
CDOT STANDARD SPECIAL PROVISIONS:
Standard Special Provisions Index.............................................................................................102
Standard Special Provisions............................................................................................... 103-113
Fuel Cost Adjustment
Current Davis Bacon Minimum Wages Decision ............................................................... 113-121
Required Provisions for Federal-Aid Construction Contracts (Form FHWA-1273)......................n/a
PLAN SET SHEET INDEX:
PlanSet Sheet Index.....................................................................................................................iii
PlanSet............................................................................................................................... 121-134
BID NO#B1500059
Page ii
BID NO#B1500059
Page iii
PLAN SET SHEET INDEX
SHEET SHEET TITLE
NO.
2015 FLOOD REPAIR PROJECT
EM-BR 27.5-48A- PHASE 2
1 COVER SHEET
2 GENERAL NOTES AND QUANTITES
3 PLAN VIEW SOUTH
4 PLAN VIEW CENTRAL
5 PLAN VIEW NORTH
6 SWMP PLAN
7 SWMP NOTES
8 SWMP NOTES
9 EROSION AND SEDIMENT CONTROL - DETAILS
10 EROSION AND SEDIMENT CONTROL- DETAILS
11 EROSION AND SEDIMENT CONTROL - DETAILS
12 TRAFFIC CONTROL
13 TRAFFIC CONTROL DETAILS
BID NO#B1500059
Page iv
7....... .....� „.�
REQUEST FOR BID � 1861y� �
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
� � � NTY
� ��,,_m. w .ti..,. _ �
DATE: DECEMBER 11, 2015
BID NUMBER: B1500196
DESCRIPTION: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
MANDATORY PRE-BID CONFERENCE DATE: DECEMBER 21, 2015
BID OPENING DATE: DECEMBER 31, 2015
PRESENTATION TO BOCC: JANUARY 04, 2016
ANTICIPATED NOTICE OF AWARD: JANUARY 18, 2016
ANTICIPATED NOTICE TO PROCEED: JANUARY 25, 2016
ANTICIPATED PROJECT COMPLETION: FEBRUARY 09, 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: TRM
Installation for EM-BR 27.5-48A(TWO RIVERS PARKWAY)
This project in general consists of installation of TRM along flood damaged portions of a County Road,
embankment and placement of topsoil and seed, and the placement of erosion control blankets on Two
Rivers Parkway between CR 48.5 and CR 52.
This project is a Federal Aid Project with compliance requirements including but not limited to:
Certification of EEO Compliance and HUD Federal Labor Standards Provisions (Davis-Bacon) decision
number CO150024 dated 1-2-2015.
A mandatory pre-bid conference will be held at 2:00 p.m., on DECEMBER 21, 2015, at the Weld
County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley.
Bidders must participate and record their presence at the pre-bid conference to be allowed to submit bids.
Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the
Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room
#107 Greeley CO 80631 until: 10 a.m. on DECEMBER 31, 2015 (Weld Countv Purchasinq Time
Clock .
PAGES 1 -10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE
REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN
PAGES 1 -10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE
10.
2. INVITATION TO BID:
Weld County requests bids for the purchase of the above-listed merchandise,equipment,and/or services.
Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and
discounts,and shall,in every way,be the total net price which the bidder will expect the Weld County to pay if
awarded the bid. Merchandise and/or equipment shall be delivered to the location(s)specified herein.
You can find bid information on the Weld County Purchasing website at
httq://www.co.weld.co.us/Deqartments/Purchasinq/index.html located under Current Request for Bids.
Page � 1
Weld County Government is a member of the Rocky Mountain E-Purchasing System. The Rocky
Mountain E-Purchasing System (BidNet�) is an on-line notification system that is being utilized by
multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and
awards on this one centralized system.
Bid Delivery to Weld Countv— 3 methods:
1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. Emailed bids
must include the following statement on the email: "I he�eby 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 submiUmail hard copies of the bid proposal.
3. Mail or Hand Deliverv. Mailed (or hand delivered) bids should be sent in a sealed envelope with
the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150
O Street, Room #107 Greeley, CO 80631.
Please call Purchasing at 970-336-7225 if you have any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department.
Each bid must give the full business address of bidder and be signed by him with his usual signature.
Bids by partnerships must furnish the full names of all partners and must be signed with the partnership
name by one of the members of the partnership or by an authorized representative, followed by the
signature and title of the person signing. Bids by corporations must be signed with the legal name of the
corporation, followed by the name of the state of the incorporation and by the signature and title of the
president, secretary, or other person authorized to bind it in the matter. The name of each person signing
shall also be typed or printed below the signature. A bid by a person who affixes to his signature the
word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid
of the individual signing. When requested by the Weld County Director of General Services, satisfactory
evidence of the authority of the officer signing on behalf of a corporation shall be furnished. All
corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply
with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied
herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms
shall be suitably filled in.
Bids may be withdrawn upon written request to and approval of the Weld County Director of General
Services; said request being received from the withdrawing bidder prior to the time fixed for award.
Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it
has been awarded.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure
that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section
1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a
secure place. No responsibility will attach to the Weld County Director of General Services for the
premature opening of a bid not properly addressed and identified.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give
preference to resident Weld County bidders in all cases where said bids are competitive in price and
quality. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to
award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County
Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one
vendor.
Page � 2
Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract
Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge
Construction, Section 101.
Qualification of Bidders: Qualification statements, attached with this document, are required to be
completed by Bidders. If requested by Weld County, a Statement of Qualifications will be completed for
the Subcontractors listed by the Contractor within 72 hours of the request. Failure to submit
qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in
evaluating the Bidder's qualifications following the opening of Bids:
Experience and performance records on similar work;
Ability to complete the Work within the Contract Time.
Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize
himself with the Work, the site where the Work is to be performed, local labor conditions and all local,
state and federal laws, ordinances, rules, regulations and other factors affecting performance of the
Work. He shall carefully correlate his observations with requirements of the Contract Documents and
Drawings and otherwise satisfy himself of the 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.
Interqretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers
ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings
shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by
Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract
Document holder of record. Unless approved by the Director of General Services, no interpretation
Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The
Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other
than by duly issued Addenda.
Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this
package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in
detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and
signed by a partner. His title must appear under his signature and the official address of the partnership
must be shown below the signature. Bids by corporations must be executed in the corporate name by the
president or a vice president(or other corporate officer accompanied by evidence of authority to sign) and
the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate
address and state of incorporation shall be shown below the signature. Names of all persons signing must
be printed below their signatures. A power of attorney must accompany the signature of anyone not
otherwise authorized to bind the Bidder.
Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly
executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be
submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids
by electronic communication at any time prior to the time set for receiving Bids provided the instruction is
positively identified. Any electronic modification should not reveal the amended Bid price, but should
provide only the addition, subtraction or modification. A duly executed document confirming the
electronic modification shall be submitted within three days after Bids are opened. The Director of
General Services may at his/her sole discretion, release any Bid at any time.
4. AWARD AND EXECUTION OF CONTRACT
Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to
the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld
County intends to award the Contract to the lowest responsible Bidder within the limits of funds available
Page � 3
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 five (5)
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.
Rovalties: The cost of all royalties and license fees on equipment and materials to be furnished and
incorporated in the Work shall be included in the Bid price.
Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water,
sanitary, gas, telephone, and similar facilities and services required by him in performing the Work.
Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs
and profits on account of cash allowances named in the Bid Documents.
7. SITE CONDITIONS
Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the
following:
Page � 4
• 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 pertormance of the Work. The Bidder shall carefully
review the locations of the site where the work is to be performed. The Bidder shall make all
arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to
beginning the work.
8. SUCCESSFUL BIDDER HIRING PRACTICES-ILLEGAL ALIENS
Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract. Successful bidder will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform work under
this Agreement, through participation in the E-Verify program or the State of Colorado program
established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into a contract with a
subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ
or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E-
Verify Program or State of Colorado program procedures to undertake pre-employment screening or job
applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a
subcontractor performing work under the public contract for services knowingly employs or contracts with
an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that
Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal
alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with
the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the
contract if within three days the subcontractor provides information to establish that the subcontractor has
not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with
reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-
102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the
State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to
perform work under the contract, affirm that Successful bidder has examined the legal work status of such
employee, retained file copies of the documents, and not altered or falsified the identification documents
for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has
examined the legal work status of such employee, and shall comply with all of the other requirements of
the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision
or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated,
Successful bidder shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful
bidder receives federal or state funds under the contract, Successful bidder must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United States
pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the
contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of
perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States
pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-
101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103
prior to the effective date of the contract.
9. GENERAL PROVISIONS
Page � 5
A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.
By acceptance of the bid, Weld County does not warrant that funds will be available to fund the
contract beyond the current fiscal year.
B. Confidential Information: Confidential financial information of the bidder should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the top
the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld
County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records,
and cannot guarantee the confidentiality of all documents.
C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions,
of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
D. Independent Contractor: The successful bidder shall perform its duties hereunder as an
independent contractor and not as an employee. He or she shall be solely responsible for its acts and
those of its agents and employees for all acts performed pursuant to the contract. Neither the
successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of
Weld County. The successful bidder and its employees and agents are not entitled to unemployment
insurance or workers' compensation benefits through Weld County and Weld County shall not pay for
or otherwise provide such coverage for the successful bidder or any of its agents or employees.
Unemployment insurance benefits will be available to the successful bidder and its employees and
agents only if such coverage is made available by the successful bidder or a third party. The
successful bidder shall pay when due all applicable employment taxes and income taxes and local
head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have
authorization, express or implied, to bind Weld County to any agreement, liability or understanding,
except as expressly set forth in the contract. The successful bidder shall have the following
responsibilities with regard to workers' compensation and unemployment compensation insurance
matters: (a) provide and keep in force workers' compensation and unemployment compensation
insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by
Weld County.
E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and
State laws, rules and regulations in effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of the contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void.
G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of the contract, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall
give or allow any claim or right of action whatsoever by any other person not included in the contract.
It is the express intention of the undersigned parties that any entity 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
Page � 6
discriminated against on the grounds of race, color, national origin, sex, age, or disability in
consideration for an award.
J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment
and/or products necessary for the project and agrees to diligently provide all services, labor,
personnel and materials necessary to perform and complete the project. The successful bidder shall
faithfully perform the work in accordance with the standards of professional care, skill, training,
diligence and judgment provided by highly competent contractors performing construction services of
a similar nature to those described in this Agreement. The successful bidder shall further be
responsible for the timely completion, and acknowledges that a failure to comply with the standards
and requirements outlined in the Bid within the time limits prescribed by County may result in
County's decision to withhold payment or to terminate this Agreement.
K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by
County, and shall continue through and until successful bidder's completion of the responsibilities
described in the Bid.
L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30)
days written notice. Furthermore, this Agreement may be terminated at any time without notice upon
a material breach of the terms of the Agreement.
M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by the successful bidder shall be the
basis for additional compensation unless and until the successful bidder has obtained written
authorization and acknowledgement by County for such additional services. Accordingly, no claim
that the County has been unjustly enriched by any additional services, whether or not there is in fact
any such unjust enrichment, shall be the basis of any increase in the compensation payable
hereunder. In the event that written authorization and acknowledgment by the County for such
additional services is not timely executed and issued in strict accordance with this Agreement, The
successful bidder's rights with respect to such additional services shall be deemed waived and such
failure shall result in non-payment for such additional services or work performed.
N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement
in reliance upon the particular reputation and expertise of the successful bidder. The successful
bidder shall not enter into any subcontractor agreements for the completion of this Project without
County's prior written consent, which may be withheld in County's sole discretion. County shall have
the right in its reasonable discretion to approve all personnel assigned to the subject Project during
the performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Project. The successful bidder shall require each
subcontractor, as approved by County and to the extent of the Services to be performed by the
subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume
toward the successful bidder all the obligations and responsibilities which the successful bidder, by
this Agreement, assumes toward County. County shall have the right (but not the obligation) to
enforce the provisions of this Agreement against any subcontractor hired by the successful bidder
and the successful bidder shall cooperate in such process. The successful bidder shall be
responsible for the acts and omissions of its agents, employees and subcontractors.
O. Warranty: Contractor warrants that construction services performed under this Agreement will be
performed in a manner consistent with the professional construction standards governing such
services and the provisions of this Agreement. Contractor further represents and warrants that all
construction services shall be performed by qualified personnel in a professional and workmanlike
manner, consistent with industry standards, and that all construction services will conform to
applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work
performed on this Project pursuant to this Agreement is subject to a one year warranty period during
which Contractor must correct any failures or deficiencies caused by contractor's workmanship or
performance. This warranty shall commence on the date of County's final inspection and acceptance
of the Project.
Page � 7
P. Non-Assignment: The successful bidder may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by the
successful bidder to assign or transfer its rights hereunder without such prior approval by County
shall, at the option of County, automatically terminate this Agreement and all rights of the successful
bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of
County.
Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is
due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes,
war, flood, earthquakes or Governmental actions.
R. Non-Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other
contractors or persons to perform services of the same or similar nature.
S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507:
The signatories to this Agreement agree that to their knowledge, no employee of Weld County has
any personal or beneficial interest whatsoever in the service or property which is the subject matter of
this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would
in any manner or degree interfere with the performance of the successful bidder's services and the
successful bidder shall not 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. Compliance with Davis-Bacon Wage Rates: The successful bidder understands and agrees that, if
required by the Scope of Work, the work shall be in compliance with the Davis-Bacon Wage Rates.
V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid
until it has been approved by the Board of County Commissioners.
W. Compensation Amount: Upon the successful bidder's successful completion of the construction of
the Project, and County's acceptance of the same, County agrees to pay an amount no greater than
the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that
amount will be made by County unless a "change order" authorizing such additional payment has
been specifically approved by the Director of Weld County Public Works, or by formal resolution of
the Weld County Board of County Commissioners, as required pursuant to the Weld County Code.
County will not withhold any taxes from monies paid to the successful bidder hereunder and the
successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement
10. INSURANCE REQUIREMENTS
General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of
execution of any agreement or commencement of any work, the following insurance covering all
operations, goods or services provided pursuant to this request. Successful bidders/Contract
Professionals shall keep the required insurance coverage in force at all times during the term of the
Page � 8
Agreement, or any extension thereof, and during any warranty period. The required insurance shall be
underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"
VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-
described policies by canceled or should any coverage be reduced before the expiration date thereof, the
issuing company shall send written notice to the Weld County Director of General Services by certified
mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation
or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If
any policy is in excess of a deductible or self-insured retention, County must be notified by the Successful
bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the
payment of any deductible or self-insured retention. County reserves the right to require Successful
bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or
self-insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County
in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder
from liabilities that might arise out of the performance of the work under this Contract by the Successful
bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its
own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages.
The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the
Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.
The successful bidder/Contract Professional shall maintain, at its own expense, any additional kinds or
amounts of insurance that it may deem necessary to cover its obligations and liabilities under this
Agreement. Any modification to these requirements must be made in writing by Weld County.
The successful bidder stipulates that it has met the insurance requirements identified herein. The
successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all
construction services provided, the timely delivery of said services, and the coordination of all services
rendered by the successful bidder and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies.
INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any
type or character arising out of the work done in fulfillment of the terms of this Contract or on account of
any act, claim or amount arising or recovered under workers' compensation law or arising out of the
failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree.
The successful bidder shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this Agreement or its
failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of
The successful bidder in its construction methods or procedures; or in its provisions of the materials
required herein, or from any claims or amounts arising or recovered under the Worker's Compensation
Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination
hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense
and judgment costs where this contract of indemnity applies. In consideration of the award of this
contract, the successful bidder agrees to waive all rights of subrogation against the County its associated
and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers for losses arising from the work performed by the successful bidder for the County. A failure to
comply with this provision shall result in County's right to immediately terminate this Agreement.
Tvpes of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times
during the term of any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the successful bidder's Contract Professional's employees acting within the course and
scope of their employment. Policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado
Page � 9
Workers' Compensation Act., AND when such successful bidder or subcontractor executes the
appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent,
covering premises operations, explosions, collapse and underground hazard, personal advertising injury,
fire damage, independent Contractors, products and completed operations, blanket contractual liability,
personal injury, liability assumed under an insured contract (including defense costs assumed under
contract, designated construction projects 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
fol lows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
$50,000 any one fire; and
$5,000 Medical payments one person
Automobile Liability: Successful bidder/Contract Professional shall maintain limits of $1,000,000 for
bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property
damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned,
hired, and non-owned vehicles used in the performance of this Contract.
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, Successful bidder shall notify County within ten (10) days and
reinstate the aggregates required;
ii. Unlimited defense costs in excess of policy limits;
iii. Contractual liability covering the indemnification provisions of this Agreement;
iv. A severability of interests provision;
v. Waiver of exclusion for lawsuits by one insured against another;
vi. A provision that coverage is primary; and
vii. A provision that coverage is non-contributory with other coverage or self-insurance
provided by County.
For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional
liability policies, if the policy is a claims-made policy, the retroactive date must be on or before the
contract date or the first date when any goods or services were provided to
County, whichever is earlier.
Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time
of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as
Page � I 0
the same may be extended as herein provided, a commercial general liability insurance policy,
including public liability and property damage, in form and company acceptable to and approved by
said Administrator, covering all operations hereunder set forth in the related Bid or Request for
Proposal.
Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to
provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk
Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability,
and inland marine, Successful bidder/Contract Professional's insurer shall name Weld County and the
State of Colorado as an additional insured.
Waiver of Subroqation: For all coverages, Successful bidder/Contract Professional's insurer shall
waive subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub-vendors, suppliers or
other entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of Successful
bidder/Contract Professional. Successful bidder/Contract Professional shall include all such
subcontractors, independent contractors, sub-vendors suppliers or other entities as insureds under its
policies or shall ensure that all subcontractors maintain the required coverages. Successful
bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors,
independent contractors, sub-vendors suppliers or other entities upon request by the County.
11. SPECIAL FLOOD PROVISION
The successful bidder agrees that it is a "Sub-grantee" as that term is used and/or referred to in the
Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland
Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO: 14-
D4145-011, Routing/CMS Number 63343 ("the State ContracY'), approved by the Board of County
Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all
requirements of the Sub-grantee as stated in the State Contract. The successful bidder also shall comply
with the terms, requirements, and conditions as they apply to the "Grantee," which are set forth in
Sections 12 A and C, 13 B and C, and Exhibit A, Exhibit B and Exhibit C of the State Contract.
Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements
detailed in Section 8 of the State Contract.
Page � 1 1
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NOTE: The following are items of work to be completed by Weld County:
• Materials Quality Acceptance Testing
• Construction Inspection
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.
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the
Request for Bid for Request No. #61500196.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes.
3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying
proposal sheets.
4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not
limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld
County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid
by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept
the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County.
The bid(s) may be awarded to more than one vendor.
FIRM BY
(Please print)
BUSINESS
ADDRESS DATE
CITY, STATE, ZIP CODE
TELEPHONE NO FAX TAX ID#
SIGNATURE
E-MAIL
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS#98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 -10.
Page � 13
BID BOND
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
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 , 2015 for the TRM INSTALLATION FOR EM-BR 27.5-48A
(TWO RIVERS PARKWAY), as set out in the accompanying Bid.
WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with the Owner
either a certified check equivalent to not less than five percent (5%) of the amount of said Bid or in lieu thereof
furnish a Bid Bond for said amount conditioned such that in the event of failure to execute the proposed Contract
for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as
liquidated damages and not as a penalty for the principal's failure to perform.
NOW THEREFORE, if the principal shall, within the period specified therefore:
A. On the attached prescribed forms presented to him for signature, enter into a written Contract with the
Owner in accordance with his Bid as accepted, and give a Performance Bond with good and sufficient
sureties, as may be required upon the forms prescribed by the Owner for the faithful performance and the
proper fulfillment of said Contract, or
B. Withdraw said Bid within the time specified, or
C. Pay to the Owner the sum determined upon herein as liquidated damages, and not as a penalty, then this
obligation shall be void and of no effect, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this
day of , 2015 the name and
corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned
representative pursuant to authority of its governing board.
Principal
Address
ATTEST:
By:
By:
Surety
ATTEST: Address
By:
Page � 14
INSTRUCTIONS
The full firm name and residence of each individual party to the bond must be inserted in the first paragraph.
If the principal is a partnership, the full name of all partners must be inserted in the first paragraph which must
recite that they are partners composing the partnership (to be named), and all partners must execute the bond as
individuals.
The state of incorporation of each corporate party to the bond must be inserted in the first paragraph and the
bond must be executed under the corporate seal of said party attested by its secretary or other authorized officer.
Power of Attorney must accompany this bond when signed by other than an officer of either the principal or
surety.
A standard printed bond form may be used in lieu of the foregoing form provided that the security stipulations
protecting the Owner are not in any way reduced by use of such standard printed bond form.
Page � 15
F��i, W�9 Request for Taxpayer Gnre Form to the
(Ficv.Aupust2Ul3) Identification Number and Certification requester.Donot
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Taxpayer ldent'rfication Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Soaal s.ariiy numb.r
to avoid backup withholding.For individuals,this is your social security number(SSN).However,tor a
resident alien,sde propriator,a disregarded arrtity,see the PaA I instructions m page 3-For other j -� -
entities,i[is yow employer iderrtificatian number{EIN) If you do not have a number,see Now to get a
T1N on page 3.
Note.If the accourrt is in more than one name,see the chart on page 4 fa g�delines on whose �Empb�reridermRcation mmber
number to entar.
I _ � �
i I I F
Certification
Under penalties oi perjury,I certify that
1. The number shown on this form is my correM taxpayer identification number(or I am waiting for a number to be issued to me),and
2 I am not subjact to backup withhdding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Intemal Revenue
Service(IRS)that I am subject to backup withholding as a res�t of a failwe to report all interest or dividends,a(c)fhe IRS has notified ma that 1 am
no longer subject to badcup withhdding,and
3. I am a U.S.citizen a other U.S.psrson(definsd below},and
4 The FATCA cotle{sy entered on this form Qf any)intlfcating that I am exempt fram FATCA reporting is correct.
Cartification instructions.You must cross out item 2 above if you have besn notified by the tRS that you are currently subject to backup withtrolding
trecause you have tailed to report all iMerest antl dividentls on your tax retum.For real estate Vansactions,item 2 tloes not apply.For mortgage
interest paid,acqu�sition or abantlorxnent of secured property,cancellation o1 debt,contnbutions to an individual retirement arrangement pRA�,and
generally,paymonts other than interest and dividends,you are not required to sign the certification,but you must provide yo�rr correcl TIN.Sse the
instructions on page 3.
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�6
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 o�ce 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.
Page � 17
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 project, 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:
Page � 18
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 TITLE YRS. EXP
16. List all lawsuits previously filed against or currently pending against you, the Company or any officers of
the Company.
Page � 19
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 , 2015.
Bidder:
Company
By:
Signature
Name:
(Please Type)
Title:
NOTARY
County of )
ss.
State of )
being duly sworn,
deposes and says that he is of
(Title)
, and that the answers to the foregoing questions and all
(Company Name)
statements therein contained are true and correct. Subscribed and sworn before me this day of
, 2015.
(SEAL)
Commission Expires
Notary Public
Page � 20
NOTICE OF AWARD
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A ITWO RIVERS PARKWAYI
To:
Project Description: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
This project in general consists of installation of TRM along flood damaged portions of a County Road,
embankment and placement of topsoil and seed, and the placement of erosion control blankets on Two Rivers
Parkway between CR 48.5 and 52.
The Owner has considered the Bid submitted by you for the above described Work in response to its Invitation for
Bids and Instructions to Bidders.
You are hereby notified that your Bid has been accepted in the amount of$ or as shown in the
Bid Schedule. You are required by the Instructions to Bidders to execute the Agreement and furnish the required
Performance Bond, Payment Bond and Certificates of Insurance within five(5) business days from the date of this
Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within five (5) business 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 , 2015
Weld County, Colorado, Owner
By:
Richard White, P.E., Project Manager
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
(Contractor)
Dated this day of , 2015
By: Title:
Page � 21
WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN
WELD COUNTY &
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A (TWO RIVERS PARKWAY)
THIS AGREEMENT is made and entered into this day of , 2015, by and between the
County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County,"
and , [an individual�, [a limited liability partnership] [a limited liability company] [a
corporation], who whose address is , hereinafter
referred to as"Contractor".
WHEREAS, the above mentioned County Roads and/or Bridges sustained flood damages in the
September 2013 flood and are in need of repair, (hereinafter referred to as the"ProjecY'), 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;
WHEREAS, Contractor is willing to perform and has the specific ability to perform the required
Construction Services at or below the cost set forth in Exhibit B;
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill,
expertise, and experience necessary to provide the equipment, materials and services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B,
each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by
this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits
A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those
requirements.
Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. 61500196. The
RFB 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 Exhibit A. Contractor shall faithfully
perform the work in accordance with the standards of professional care, skill, training, diligence and judgment
provided by highly competent Contractors performing construction services of a similar nature to those described
in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a
failure to comply with the standards and requirements of Exhibit A within the time limits prescribed by County may
result in County's decision to withhold payment or to terminate this Agreement. 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.
Page � 22
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County,
and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B.
Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County
from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty
(30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew
this Contract.
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.
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 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)
Page � 23
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
Page � 24
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.
Indemnitv: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and
employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising
out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any
statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any
and all injuries or damage received or sustained by any person, persons, or property on account of its
perFormance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of
or in consequence of neglect of The Contractor in its construction methods or procedures; or in its provisions of
the materials required herein, or from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or
termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and
judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the
Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from
the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's
right to immediately terminate this Agreement.
Tvpes 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:
Page � 25
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of
the Contractor's Contract Professional's employees acting within the course and scope of their employment.
Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a
Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor
or subcontractor executes the appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent, covering premises
operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent
Contractors, products and completed operations, blanket contractual liability, personal injury, and liability
assumed under an insured contract. The policy shall be endorsed to include 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;
$50,000 any one fire; and
$5,000 Medical payment one person
Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per
person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all
vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned vehicles
used in the performance of this Contract.
Additional provisions:
i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or reserved claims,
Contractor shall notify County within ten (10) days and reinstate the aggregates required;
ii. Unlimited defense costs in excess of policy limits;
iii. Contractual liability covering the indemnification provisions of this Agreement;
iv. A severability of interests provision;
v. Waiver of exclusion for lawsuits by one insured against another;
vi. A provision that coverage is primary; and
vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County.
For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability
policies, if the policy is a claims-made policy, the retroactive date must be on or before the contract date or the
first date when any goods or services were provided to County, whichever is earlier.
Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended
as herein provided, a commercial general liability insurance policy, including public liability and property damage,
in form and company acceptable to and approved by said Administrator, covering all operations hereunder set
forth in the related Bid or Request for Proposal.
Page � 26
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 Weld County and the State of Colorado as
an additional insureds.
Waiver of Subroqation: 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. Special Flood Provision. The successful bidder agrees that it is a "Sub-grantee" as that term is used
and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division
of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO:
14-D4145-011, Routing/CMS Number 63343 ("the State ContracY'), approved by the Board of County
Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all requirements
of the Sub-grantee as stated in the State Contract. The successful bidder also shall comply with the terms,
requirements, and conditions as they apply to the "Grantee,"which are set forth in Sections 12 A and C, 13 B and
C, and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder shall assist
Weld County in complying with the reporting requirements detailed in Section 8 of the State Contract.
15. 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.
16. 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.
17. 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.
18. 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, Clay Kimmi, Senior Engineer. 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
Page � 27
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.:
Address:
Address:
E-mail:
Phone:
Facsimile:
Countv:
Name: Richard White
Position: Engineer
Address: PO Box 758
Address: 1111 H St, Greeley, CO 80632-0758
E-mail: rdwhite@co.weld.co.us
Phone: 970-304-6496 x 3742
Facsimile: 970-304-6497
19. 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.
20. 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.
21. 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.
22. 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.
23. 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 intertere 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.
Page � 28
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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
Page � 29
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.
30. 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.
31. Compliance with Davis-Bacon Wage Rates. Contractor understands and agrees that, if required by the
provisions of Exhibit A, 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 A,
County's Request for Bid, and is a part this Agreement.)
32. Compliance with CDBG-DR General Conditions Attachment A. Contractor understands and agrees
that, if required by the provisions of Attachment A, the work shall be in compliance with the applicable GENERAL
CONDITIONS and is a part of this Agreement.
33. 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.
34. 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.
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 and Attachment A, General Conditions of the Contract, 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
2015.
CONTRACTOR:
By: Date
Name:
Title:
WELD COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board Chair
Page � 30
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:
Controller Elected Official or Department Head
AP VED A O FOR : ���� ""
� Director of General Services
County Attorney
Page � 31
ATTACHMENT A: GENERAL CONDITIONS OF THE CONTRACT
1. Contract and Contract Documents
The project to be constructed pursuant to this Contract will be financed with assistance from the Colorado CDBG
Program and is subject to all applicable Federal and State laws and regulations.
The Plans, Specifications and Addenda, hereinafter enumerated in Paragraph 1 of the Supplemental General
Conditions shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto
as if they were herein fully set forth. These CDBG criteria shall take precedence over Specifications or Plans and
supplement the 2011 edition of the Colorado Department of Transportation "Standard Specifications for Road and
Bridge Construction" (Standard Specifications).
1. Contract and Contract Documents 42. Notice and Service Thereof
2. Definitions 43. Provisions Deemed Inserted
3. Additional Instructions and Drawings 44. Life/Health Protection
4. Shop or Setting Drawings 45. Subcontracts
5. Materials, Service, Facilities 46. InteresUCongressmen
6. Contractor's Title to Materials 47. Other Prohibited Interests
7. Inspection/Testing of Materials 48. Use Prior to Acceptance
8. "Or Equal" Clause 49. Photographs
9. Patents 50. Suspension of Work
10. Surveys, Permits and Regulations 51. Minimum Wages
11. Contractor's Obligations 52. Underpayment of Wages
12. Weather Conditions 53. Fringe Benefits
13. Protection of Work and Property- 54. Overtime Compensation
Property---Emergency 55.Apprentices
14. Inspection 56. Section 3
15. Reports, Records and Data 57. Employment Prohibited
16. Superintendence by Contractor 58. Anti-Kickback Act
17. Changes in Work 59. Classifications Not Listed
18. Extras 60. Benefits Not Expressed
19. Time for Completion and Liquidated 61. Posting of Wage Rates
Damages 62. Complaints or Testimony
20. Correction of Work 63. Claims and Disputes
21. Subsurface Conditions-Different 64. Questions Re: Regulations
22. Claims for Extra Cost 65. Payrolls and Records
23. Owner Termination of Contract 66. Specific Coverage
24. Construction Schedule/Periodic 67. Ineligible Subcontractors
25. Payments to Contractor 68. Provisions to be Included
26. Final Payment as Release 69. Breach of Labor Standards
27. Payments by Contractor 70. Employment Practices
28. Insurance 71. Contract Termination; Debarment
29. Contract Security 72. Public Contract for Services — Employment
30. Additional or Substitute Bond Eligibility Verification
31. Assignments 73. Subcontracting with Small and Minority Firms,
32. Mutual Responsibility of Contractors Women's Business Enterprise, and Labor
33. Separate Contractors Surplus Area Firms
34. Subcontracting 74. HUD 4010 Form, Labor Standards Provisions
35. ArchitecUEngineer's Authority
36. Stated Allowances
37. Removal of Debris
38. Detail Estimates
39. Right of Way
40. General Guaranty
41. Conflicting Conditions
Page � 32
2. Definitions
The following terms as used in this Contract are respectively defined as follows:
(a) CONTRACTOR: A person, firm or corporation with whom the contract is made by the Owner, i.e.,
the Local Government.
(b) SUBCONTRACTOR: A person, firm or corporation supplying labor and materials or only labor for
work at the site of the project, for and under separate contract or agreement with the Contractor.
(c) WORK ON (AT) THE PROJECT: Work to be performed at the location of the project, including
the transportation of materials and supplies to or from the location of the project by employees of the Contractor
and any Subcontractor.
3. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work
included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate
with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof. The
Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The
Contractor and the Architect/Engineer will prepare jointly: (a) a schedule, fixing the dates at which special detail
drawings will be required, such drawings, if any, to be furnished by the
ArchitecUEngineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the
submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and
equipment, and the completion of the various parts of the work; each such schedule to be subject to change from
time to time in accordance with the progress of the work.
4. Shop Setting Drawings
The Contractor shall submit promptly to the ArchitecUEngineer two copies of each shop or setting drawing
prepared in accordance with the schedule predetermined aforesaid. After examination of such drawings by the
Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have
been indicated and shall furnish the ArchitecUEngineer with two corrected copies. If requested by the
ArchitecUEngineer, the Contractor must furnish additional copies. Regardless of corrections made in or approval
given to such drawings by the ArchitecUEngineer, the Contractor will nevertheless be responsible for the accuracy
of such drawings and for their conformity to the Plans and Specifications, unless he notifies the Architect/Engineer
in writing of any deviations at the time he furnishes such drawings.
5. Materials, Services, and Facilities
(a) It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor
shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation,
superintendence, temporary construction of every nature whatsoever necessary to execute, complete, and deliver
the work within the specified time.
(b) Any work necessary to be performed after regular hours, on Sundays or Legal Holidays, shall be
performed without additional expenses to the Owner.
6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any
chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the
seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free
from all liens, claims, or encumbrances.
Page � 33
7. Inspection and Testing of Materials
(a) All materials and equipment used in the construction of the project shall be subject to adequate
inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be
selected by the Owner. The Owner will pay for all laboratory inspection service direct, and not as part of the
contract.
(b) Materials of construction, particularly those upon which the strength and durability of the structure may
depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for
uses intended.
8. "Or Equal" Clause
Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference
to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a
standard; and, any material, article, or equipment of other manufacturers and vendors which will perform
adequately the duties imposed by the general design will be considered equally acceptable provided the material,
article, or equipment so proposed, is, in the opinion of the ArchitecUEngineer, of equal substance and function. It
shall not be purchased or installed by the contractor without the Architect/Engineer's written approval.
9. Patents
(a) The Contractor shall hold and save the Owner and its officers, agents, servants, and employees
harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or
unpatented invention, process, article, or appliance manufactured or used in the performance of the contract,
including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents.
(b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is
authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized
licensee, direct by the Owner and not by or through the Contractor.
(c) If the Contractor uses any design, device or materials covered by letters, patent or copyright, he
shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device
or material. It is mutually agreed and understood, that, without exception, the contract prices shall include all
royalties or costs arising from the use of such design, device or materials, in any way involved in the work. The
Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims
for infringement by reason of the use of such patented or copyrighted design, device or materials or any
trademark or copyright in connections with work agreed to be performed under this contract, and shall indemnify
the Owner for any cost, expense or damage which it may be obligated to pay by reason of such infringement at
any time during the prosecution of the work or after completion of the work.
10. Surveys, Permits, and Regulations
Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the Contractor all surveys
necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses and approvals
necessary for the execution of his contract.
The Contractor shall comply with all laws, ordinances, rules, and regulations relating to performance of the work,
the protection of adjacent property, and the maintenance of passageways, guard fences or other protective
facilities.
11. Contractor's Obligations
The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and
materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary
or proper to perform and complete all the work required by this contract, within the time herein specified, in
accordance with the provisions of this contract and said specifications and in accordance with the plans and
drawings covered by this contract any and all supplemental plans and drawings, and in accordance with the
directions of the Architect/Engineer as given from time to time during the progress of the work. He shall furnish,
erect, maintain, and remove such construction plant and such temporary works as may be required.
Page � 34
The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of
the contract and specifications, and shall do, carry on, and complete the entire work to the satisfaction of the
Architect/Engineer and the Owner.
12. Weather Conditions
In the event of temporary suspension of work, or during inclement weather, or whenever the ArchitecUEngineer
shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and
materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or
material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his
Subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the
Contractor.
13. Protection of Work Property—Emergency
The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this
contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage.
The Contractor shall replace or make good any such damage, loss or injury unless such is caused directly by
errors contained in the Contract or by the Owner, or his duly authorized representatives. In case of an emergency
which threatens loss or injury of property, and/or safety or life, the Contractor will be allowed to act, without
previous instructions from the ArchitecUEngineer, in a diligent manner. He shall notify the Architect/Engineer
immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly
submitted to the Architect/Engineer for approval. Where the Contractor has not taken action but has notified
ArchitecbEngineer of an emergency threatening injury to persons or damage to the work of any adjoining
property, he shall act as instructed or authorized by the ArchitecUEngineer. The amount of reimbursement
claimed by the Contractor on account of any emergency action shall be determined in the manner provided in
Paragraph 17 of the General Conditions.
14. Inspection
The authorized representatives and agents of the Colorado Department of Local Affairs shall be permitted to
inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and
records.
15. Reports, Records, and Data
The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedule, payrolls,
reports, estimates, records, and other data as the Owner may request concerning work performed or to be
performed under this contract.
16. Superintendence by Contractor
At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full
authority to act for the Contractor. It is understood that such representative shall be acceptable to the
ArchitecUEngineer and shall be one who can be continued in that capacity for the particular job involved unless he
ceases to be on the Contractor's payroll.
17. Changes in Work
No changes in the work covered by the approved Contractor pocuments shall be made without having prior
written approval of the Owner. Charges or credits for the work covered by the approved change shall be
determined by one or more of the following methods:
(a) Unit bid prices previously approved
(b) An agreed lump sum
(c) The actual cost of:
(1) Labor, including foreman;
(2) Materials entering permanently into the work;
Page � 3 5
(3) The ownership or rental cost of construction plant and equipment during the time of use on the
extra work;
(4) Power and consumable supplies for the operation of power equipment;
(5) Insurance;
(6) Social Security and old age and unemployment contributions.
To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed
fifteen (15%) of the actual cost of the work. The fee shall be compensation to cover the cost of
supervision, overhead, bond, profit and any other general expenses.
18. Extras
Without invalidating the contract, the Owner may order extra work or make changes by altering, adding to or
deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first
obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in
the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing
by the Owner or its ArchitecUEngineer, acting officially for the Owner, and the price is stated in such order.
19. Time for Completion and Liquidated Damages
It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of
beginning and the time for completion as specified in the Contract of the work to be done hereunder are
ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work
embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed." The
Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of
progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by
and between the Contractor and the Owner, that the time for the completion of the work described herein is a
reasonable time for the completion of the same, taking into consideration the average climatic range and usual
industrial conditions prevailing in this locality.
If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any
proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration
for the awarding of this Contract, to pay the Owner the amount specified in the Contract, not as a penalty but as
liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the
Contractor shall be in default after the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the
impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such
event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said
amount shall be retained from time to time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications
wherein and definite and certain length of time is fixed for the performance of any act whatsoever, and where
under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such
extension shall be of the essence of this Contract, PROVIDED, that the Contractor shall not be charged with
liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the
Contractor's reasons for the time extension are acceptable to the Owner; PROVIDED, FURTHER, that the
Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the
work is due:
(a) To any preference, priority or allocation order duly issued by the Local Public Agency;
(b) To unforeseen cause beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God, or the public enemy, acts of the Owner, acts of
another Contractor in the performance of a contract with the Owner, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and severe weather; and
(c) To any delays of Subcontractors or suppliers occasioned by any of the causes specified in
subsections (a) and (b) of this article:
Page � 36
PROVIDED, FURTHER, that the Contractor shall, within ten (10) days from the beginning of such delay, unless
the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner,
in writing, of the cause of the delay, shall ascertain the facts and extent of the delay and notify the Contractor
within a reasonable time of its decision in the matter.
20. Correction of Work
All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of
construction shall be at all times and places subject to the inspection of the ArchitecUEngineer who shall be the
final judge of the quality and suitability of the work, materials, processes of manufacture, and methods of
construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith
reconstructed, made good, replaced and/or corrected as the case may be, by the Contractor at his own expense.
Rejected material shall immediately be removed from the site. If, in the opinion of the ArchitecU Engineer, it is
undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work
injured or not performed in accordance with the Contract Documents, the compensation to be paid to the
Contractor hereunder shall be reduced by such amount as in the judgment of the ArchitecUEngineer shall be
equitable.
21. Subsurface Conditions Found Different
Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those
shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of
such conditions before they are disturbed. The Architect/Engineer will thereupon promptly investigate the
conditions, and if he finds that they materially differ from those shown on the Plans or indicated in the
Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary,
any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph
17 of the General Conditions.
22. Claims for Extra Cost
No claim for extra work or costs shall be allowed unless the same was done in pursuance of a written order of the
ArchitecUEngineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the
changed or extra work is done. When work is performed under the terms of subparagraph 17(c) of the General
Conditions, the Contractor shall furnish satisfactory bills, payrolis and vouchers covering all items of cost and
when requested by the Owner, give access to accounts relating thereto.
23. Right of the Owner to Terminate Contract
In the event that any of the provisions of this Contract are violated by the Contractor, or by any of his
subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to
terminate the Contract, such notices to contain the reason for such intention to terminate the Contract, and unless
within (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and
satisfactory arrangement of correction be made, the Contract shall, upon the expiration of said ten (10) days,
cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon
the Surety and the Contractor and the Surety shall have the right to take over and perform the Contract; provided,
however, that if the Surety does not commence performance thereof within ten (10) days from the date of the
mailing to such Surety Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the
Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such
material, appliances, and plant as may be on the site of the work and necessary therefore.
24. Construction Schedule and Periodic Estimates
Immediately after execution and delivery of the Contract, and before the first partial payment is made, the
Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the
Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of
work required under the Contract Documents and the anticipated amount of each monthly payment that will
become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms
to be supplied by the Owner: (a) a detailed estimate giving a complete breakdown of the contract price and (b)
periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs
Page � 37
employed in making up any of these schedules will be used only for determining the basis of partial payments and
will not be considered as fixing a basis for additions to or deductions from the Contract price.
25. Payments to Contractor
(a) Not later than the 15th day of each calendar month the Owner shall make a progress payment to
the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding
calendar month under this Contract, but to insure the proper performance of this Contract the Owner may retain
five percent (5%) of the amount of each estimate until final completion and acceptance of all work covered by this
Contract; PROVIDED, that the Contractor shall submit his estimate not later than the first day of the month;
PROVIDED, FURTHER, that the Owner at any time after fifty percent (50%) of work has been completed, if he
finds that satisfactory progress is being made, may make any of the remaining progress payments in full;
PROVIDED, FURTHER, that on completion and acceptance of each separate building, public work, or other
division of the Contract, on which the price is stated separately in the Contract, payment may be made in full,
including retained percentages thereon, less authorized deductions.
(b) In preparing estimates the material delivered on the site preparatory to work done may be taken
into consideration.
(c) All material and work covered by partial payments made shall thereupon become the sole
property of the Owner, but this provision shall not be construed as relieving the Contractor from have been made
or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of
the terms of the contract.
(d) OWNER'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION
THEREOF: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing
out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and furnishers of
machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the
furtherance of the performance of this Contract. The Contractor shall, at the Owner's request, furnish satisfactory
evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the
Contractor fails so to do, then the Owner may, after having served written notice on the said Contractor, either
pay unpaid bilis, of which the Owner has written, direct or withhold from the Contractor's unpaid compensation a
sum of money deemed reasonably sufficient to pay any and all lawful claims until satisfactory evidence is
furnished that all liabilities have been fully discharged hereupon payment to the Contractor shall be resumed, in
accordance with the terms of this Contract, but in no event shall the provisions of this sentence be constructed to
impose any obligations upon the Owner to either the Contractor or his Surety. In paying any unpaid bills of the
Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner
shall be considered as a payment made under the Contract by the Owner to the Contractor and the Owner shall
not be liable to the Contractor for any such payments made in good faith.
26. Acceptance of Final Payment Constitutes Release
The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all
claims and all liability to the Contractor for all things done or furnished in connection with this work and for every
act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or
otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the
Performance and Payment Bond.
27. Payments by Contractors
The Contractor shall pay (a) for all transportation and utility services not later than the 20th day of the calendar
month following that in which such materials, tools, and equipment are delivered at the site of the project, and the
balance of the cost thereof, not later than the 30th day following the completion of that part of the work in or on
which such materials, tools, and equipment are incorporated or used, and (c) to each of his subcontractors, not
later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor
on account of the work performed by his subcontractors to the extent to each subcontractor's interest therein.
28. Insurance
Page � 3 8
The Contractor shall not commence work under this contract until he has obtained all the insurance required
under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any
subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so
obtained and approved.
(a) COMPENSATION INSURANCE: The Contractor shall procure and shall maintain during the life
of his Contract Workmen's Compensation Insurance as required by applicable State law for all of his employees
to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the
Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the
latter's employees to be engaged in such work unless such employees are covered by the protection afforded by
the Contractor's Workmen's Compensation Insurance. In case any class of employees engaged in hazardous
work on the project under this Contract is not protected under the Workmen's Compensation Statute, the
Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for
the protection of such of his employees as are not otherwise protected.
(b) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND
VEHICLE LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this
Contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability
Insurance in the amounts specified in the Supplemental General Conditions.
(c) SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE AND
VEHICLE LIABILITY INSURANCE: The Contractor shall either (1) require each of his subcontractors to procure
and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance
and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions
specified in subparagraph (b) hereof, (2) insure the activities of his policy specified in subparagraph (b) hereof.
(d) SCOPE OF INSURANCE AND SPECIAL HAZARDS: The insurance required under
subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcontractors,
respectively, against damage claims which may arise from operations under this Contract, whether such
operations be by the insured or by anyone directly or indirectly employed by him and, also against any of the
special hazards which may be encountered in the performance of this contract as enumerated in the
Supplemental General Conditions.
(e) BUILDER'S RISK INSURANCE (FIRE & EXTENDED COVERAGE): Until the project is
completed and accepted by the Owner, the Owner, or Contractor (at the Owner's option as indicated in the
Supplemental General Conditions, Form (HUD-4238-N) is required to maintain Builder's Risk Insurance (fire and
extended coverage) on a 100 percent completed value basis on the insurable portion of the project for the benefit
of the Owner, the Contractor, subcontractors as their interests may appear. The Contractor shall not include any
costs for Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the
Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his
obligation to complete, according to plans and specifications, the project covered by the Contract, and the
Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking.
(fl PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with
certificates showing the type, amount, class of operations covered, effective dates and date of expiration of
policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this
certificate will not be canceled or materially altered, except after five (5) days written notice has been received by
the Owner."
29. Contract Security
The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of
the contract prices as security for the faithful performance of this Contract and also a payment bond in an amount
not less than one hundred percent(100%) of the contract price or in a penal sum not less than that prescribed by
State, territorial or local law, as security for the payment of all persons performing labor on the project under this
Contract and furnishing materials in connection with this Contract. The performance bond and the payment bond
may be in one or in a separate instrument in accordance with local law.
30. Additional or Substitute Bond
Page � 39
If at any time the Owner for justifiable cause shall be or become dissatisfied with any surety or sureties, then upon
the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner so to do,
substitute an acceptable bond (or bonds) in such form and sum and signed by other surety or sureties as may be
satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments
shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable
bond to the Owner.
31. Assignments
The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due
hereunder without consent of the Owner. In case the Contractor assigns all or any part of any monies due or to
become due under this contract, the instrument of assignment shall contain a clause substantially to the effect
that it is agreed that the right of the assignee in and to any monies due or become due to the Contractor shall be
subject to prior claims of all persons, firms, and corporations of services rendered or materials supplied for the
performance of the work called for in this Contract.
32. Mutual Responsibility of Contractors
If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss
or damage on the work, the Contractor agrees to settle with such other Contractors or subcontractors by
agreement or arbitration if such other Contractor or subcontractor will so settle. If such other Contractor or
subcontractor shall assert any claim against the Owner on account of any damage alleged to have been
sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any
such claim.
33. Separate Contract
The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the
arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his
subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the
ArchitecUEngineer immediately of lack of progress or defective workmanship on the part of other Contractors.
Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of
progress or defective workmanship by others shall be construed as acceptance by him of the status of the work
as being satisfactory for proper coordination with his own work.
34. Subcontracting
(a) The Contractor may utilize the services of specialty subcontractors on those parts of the work
which, under normal contracting practices, are performed by specialty sub-contractors.
(b) The Contractor shall not award any work to any subcontractor without prior written approval of the
Owner, which approval will not be given until the Contractor submits to the Owner a written
statement concerning the proposed award to the subcontractor, which statement shall contain
(c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his
subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts
and omissions of persons employed by him.
(d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the
work to bind subcontractors to the Contract by the terms of the General Conditions and other
contract documents insofar as applicable to the work of subcontractors and to give the Contractor
the same power as regards terminating any subcontract that the Owner may exercise over the
Contractor under any provision of the Contract Documents.
(e) Nothing contained in this Contract shall create any contractual relation between any
subcontractor and the Owner.
35. Architect/Engineer's Authority
Page � 40
The Architect/Engineer shall give all orders and directions contemplated under this contract and specifications,
relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability,
and fitness of the several kinds of work and materials which are to be paid for under this Contract and shall
decide all questions which may arise in relation to said work and the construction thereof. The
Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly
provided. In case any question shall arise between the parties hereto relative to said Contract or specifications,
the determination or decisions of the ArchitecUEngineer shall be a condition precedent to the right of the
Contractor to receive any money or payment for work under this Contract affected in any manner to any extent by
such question.
The ArchitecUEngineer shall decide the meaning and intent of any portion of the specifications and of any plans or
drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their
work which may arise between the Contractor under this Contract and other Contractors performing work for the
Owner shall be adjusted and determined by the ArchitecUEngineer.
36. Stated Allowances
The Contractor shall include in his proposal the cash allowances stated in the Supplemental General Conditions.
The Contractor shall purchase the "Allowed Materials" as directed by the Owner on the basis of competitive bids.
If the actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allowance," the contract
price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase
price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of
installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications
covering this work.
37. Use of Premises and Removal of Debris
The Contractor expressly undertakes at his own expense:
(a) to take every precaution against injuries to persons or damage to property;
(b) to store his apparatus, materials, supplies and equipment in such orderly fashion at the site of
the work as will not unduly interfere with the progress of his work or the work of any other
contractors;
(c) to place upon the work or any part thereof only such loads as are consistent with the safety of
that portion of the work;
(d) to clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to
the end that at all times the site of the work shall present a neat, orderly and workmanlike
appearance;
(e) before final payment to remove all surplus material, false-work, temporary structures, including
foundations thereof, plant of any description and debris of every nature resulting from his
operations, and to put the site in a neat, orderly condition;
(� to affect all cutting, fitting or patching of his work required to make the same to conform to the
plans and specifications and, except with the consent of the ArchitecUEngineer, not cut or
otherwise alter the work of any other Contractor.
38. Quantities of Estimate
Wherever the estimated quantities or work to be done and materials to be furnished under this contract are shown
in any of the documents including the proposal, they are given for use in comparing bids and the right is
especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be
deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this Contract,
and such increase or diminution shall in no way vitiate this Contract, nor shall any such increase or diminution
give cause for claims or liability for damages.
Page � 41
39. Lands and Right-of-Way
Prior to the start of construction, the Owner shall obtain lands and rights-of-way necessary for the carrying out
and completion of work to be performed under this contract.
40. General Guaranty
Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire
occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the
Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for
faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to
other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of
work unless a longer period is specified. The Owner will give notice of defects with reasonable promptness.
41. Conflicting Conditions
Any provisions of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in
these General Conditions shall be void to the extent of such conflict or inconsistency.
42. Notice and Service Thereof
Any notice to any Contractor from the Owner relative to any part of this Contract shall be in writing and considered
delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to said
Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative
on the work.
43. Provisions Required by Law Deemed Inserted
Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be
inserted herein and the Contract shall be read and enforced as though it were included herein, and if through
mistake or otherwise any provision is not inserted, or is not correctly inserted, then upon the application of either
party the Contract shall forthwith be physically amended to make such insertion or correction.
44. Protection of Lives and Health
"The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall
be responsible for all damages to persons or property, either on or off the site, which occur as a result of his
prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition
to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of
Labor, Part 1518, Safety and Health Regulations for Construction, as outlined in the Federal Register, Volume
No. 75, Saturday, April 17, 1971. Title 29 - LABOR, shall be observed and the Contractor shall take or cause to
be taken, such additional safety and health measures as the Contracting Authority may determine to be
reasonably necessary."
45. Subcontracts
"The Contractor will insert in any subcontract the Federal Labor Standards Provisions contained herein
and such other clauses as the Department of Housing and Urban Development or Colorado Department of
Local Affairs may, by instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring
this insertion in any further subcontracts that may in turn be made."
46. Interest of Members of or Delegate to Congress
No members of or Delegate to Congress shall be admitted to any share or part of this Contract or to any benefit
that may arise therefrom, but this provision shall not be construed to extend to this Contract if made with a
corporation for its general benefit.
Page � 42
47. Other Prohibited Interests
No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept
or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering,
inspection, construction or material supply contract or any subcontract in connection with the construction of the
project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer,
employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on
behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with
the construction of the project, shall become directly or indirectly interested personally in this Contract or in any
part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the
project.
48. Use and Occupancy Prior to Acceptance by Owner
The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by
the Owner, provided the Owner:
(a) Secures written consent of the Contractor except in the event, in the opinion of the
ArchitecUEngineer, the Contractor is chargeable with unwarranted delay in final cleanup of such
list items or other contract requirements.
(b) Secures endorsement from the insurance-carrier and consent of the surety permitting occupancy
of the building or use of the project during the remaining period of construction, or,
(c) When the notice consists of more than one building, and one of the buildings is occupied, secures
permanent firm and extended coverage insurance, including a permit to complete construction.
Consent of the Surety must also be obtained.
(1) The Contractor will not discriminate against any employee or applicant for employment
because of race, creed, color, or national origin. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment, without
regard to their race, creed, color, or national origin. Such action shall include but not be limited to
the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided setting forth the provisions
of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment
without regard to race, creed, or national origin.
49. Photographs of the Project
The Contractor shall furnish photographs of the project before, during, and after construction in the quantities and
as described in the Supplemental General Conditions.
50. Suspension of Work
Should the Owner be prevented or enjoined from proceeding with work either before or after the start of
construction by reason of any litigation or other reason beyond the control of the Owner, the Contractor shall not
be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be
extended to such delay with such time as the Owner may determine will compensate for time lost by such delay
with such determination to be set forth in writing.
51. Minimum Wage Rate for Laborers and Mechanics
Page � 43
All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and
- not less often than once each week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are made mandatory by law and such other payroll deductions as are permitted by the
applicable regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to the Anti-
Kickback Act hereinafter identified), the full amount due at time of payment computed at wage rates not less than
those contained in the wage determination decision of said Secretary of Labor (a copy of which is attached and
herein incorporated to reference), regardless of any contractual relationship which may be alleged to exist
between the Contractor or any subcontractor and such laborers and mechanics. All laborers and mechanics
employed upon such work shall be paid in cash, except that payment may be by check if the employer provides or
secures satisfactory facilities approved by the Local Public Agency for the cashing of the same without cost of
expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated
under Section 1(b) (2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of Section 5.5(a)(1)(iv) of Title 29, Code of Federal
Regulations. Also for the purpose of this clause, regular contributions made or costs incurred for more than a
weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
52. Underpayment of Wages or Salaries
In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed
by the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or in addition
to such other rights as may be afforded it under this Contract shall withhold from the Contractor, out of any
payments due the Contractor, so much thereof as the Local Public Agency may consider necessary to pay such
laborers or mechanics the full amount of ages required by this Contract. The amount so withheld may be
disbursed by the Local Public Agency for and on account of the Contractor or the subcontractor (as may be
appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds,
or programs for any type of fringe benefit prescribed in the applicable wage determination.
53. Anticipated Costs of Fringe Benefits
If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages
of any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a
plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a
part of this Contract; provided, however, the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may
require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or
program. A copy of any findings made by the Secretary of Labor in respect to fringe benefits being provided by
the Contractor must be submitted to the Local Public Agency with the first payroll filed by the Contractor
subsequent to receipt of the findings.
54. Overtime Compensation Required by Contract Work Hours and Safety Standards Act(76 Stat. 357-
360: Title 40 U.S.C., Sections 327-332)
(a) OVERTIME REQUIREMENTS. No Contractor or subcontractor contracting for any part of the
Contract work which may require or involve the employment of laborers or mechanics, including
watchmen and guards, shall require or permit any laborer or mechanic in any workweek in which
he is employed on such or to work in excess of 40 hours in such workweek unless such laborer or
mechanic received compensation at a rate not less than one and one-half times his basic rate of
pay for all hours worked in excess of 40 hours in such work week, as the case may be.
(b) VIOLATION: LIABILITY FOR UNPAID WAGES LIQUIDATED DAMAGES. In the event of any
violation of the clause set forth in paragraph (a), the Contractor and any subcontractor
responsible therefore shall be liable to any affected employee for his unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic
employed in violations of the clause set forth in paragraph (a), in the sum of $10 for each
calendar day on which such employee was required or permitted to work in excess of the
Page � 44
standard workweek of 40 hours without payment of the overtime wages required by the clause
set forth in paragraph (a).
(c) WITHHOLDING FOR LIQUIDATED DAMAGES. The Local Public Agency shall withhold or
cause to be withheld, from any monies payable on account of work pertormed by the Contractor
or subcontractor, such sums as may administratively be determined to be necessary to satisfy
any liabilities of such Contractor or subcontractor for liquidated damages as provided in the
clause set forth in paragraph (b).
(d) SUBCONTRACT. The Contractor shall insert in any subcontract the clauses set forth in
paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts which they may enter into, together with a
clause requiring this insertion in any further subcontracts that may in turn be made.
55. Employment or Apprentices/Trainees
(a) APPRENTICES will be permitted to work at less than the predetermined rate for the work they
performed when they are employed and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Manpower Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or
if a person is employed in his first 90 days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen in any craft classification shall not be greater than the ratio permitted
to the contractor as to his entire work force under the registered program. Any employee listed on
a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of this
subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage
rate determined by the Secretary of Labor for the classification of work he actually performed.
The contractor or subcontractor will be required to furnish to the contracting officer or a
representative of the Wage-Hour Division of the U.S. Department of Labor written evidence of the
registration of his program and apprentices as well as the appropriate ratios and wage rates
(expressed in percentages of the journeyman hourly rates), for the area of construction prior to
using any apprentices on the contract work. The wage rate paid apprentices shall be not less
than the appropriate percentage of the journeyman's rate contained in the applicable wage
determination.
(b) TRAINEES. Except as provided in 29 CFR 5.15, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification, by the U.S. Department of Labor, Manpower Administration, Bureau of Apprentice
and training. The ratio of trainees to journeymen shall not be greater than permitted under the
plan approved by the Bureau of Apprenticeship and Training. Every trainee must be paid at not
less than the rate specified in the approved program for his level of progress. Any employee listed
on the payroll at a trainee rate who is not registered and participating in a training plan approved
by the Bureau of Apprenticeship and Training shall be paid not less than the wage rate
determined by the Secretary of Labor for the classification of work he actually performed. The
contractor or subcontractor will be required to furnish the contracting officer or a representative of
the Wage-Hour Division of the U.S. Department of Labor written evidence of the certification of
his program, the registration of the trainees, and the ratios and wage rates prescribed in that
program. In the event the Bureau of Apprenticeship and Training withdraws approval of a training
program, the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(c) EQUAL EMPLOYMENT OPPORTUNITY.The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
56. Section 3
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(a) The work to be performed under this contract is subject to the requirements of Section 3of the
Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 70u (Section 3). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons who are recipients
of HUD assistance for housing.
(b) The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
(c) The contractor agrees to send to each labor organization or representative of workers with which
the contractor has a collective bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers' representative of the contractor's commitments under
this Section 3 clause, and will post copies of the notice in conspicuous places at the work site
where both employees and applicants for training and employment positions can see the notice.
The notice shall describe the Section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each; and
the name and location of the persons) taking applications for each of the positions; and the
anticipated date the work shall begin.
(d) The contractor agrees to include this Section 3 clause in every subcontract subject to compliance
with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an
applicable provision of the subcontract or in this Section 3 clause, upon a finding that the
subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
(e) The contractor will certify that any vacant employment positions, including training positions, that
are filled (1) after the contractor is selected but before the contract is executed, and (2) with
persons other than those to whom the regulations of 24 CFR part 135 require employment
opportunities to be directed, were not filled to circumvent the contractor's obligations under 24
CFR part 135.
(� Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of
this contract for default, and debarment or suspension from future HUD assisted contracts.
(g) With respect to work performed in connection with Section 3 covered Indian housing assistance,
section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also
applies to the work to be perFormed under this contract. Section 7(b) requires that to the greatest
extent feasible (i) preference and opportunities for training and employment shall be given to
Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian
organizations, and Indian-owned Economic Enterprises. Parties to this contract that are subject to
the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum
extent feasible, but not in derogation of compliance with section 7(b).
57. Employment of Certain Persons Prohibited
No person under the age of sixteen years and no person who, at the time, is serving sentence in a penal or
correctional institution shall be employed on the work covered in this Contract.
58. Regulations Pursuant to So-Called "Anti-Kickback Act"
The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated
by reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti-
Kickback Act" of June 13, 1934 (48 Stat. 948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C. Section
276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in
Page � 46
�
subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the
submission of affidavits required by the subcontractors thereunder, except as said Secretary of Labor may
specifically provide for reasonable limitations, variations, tolerances, and exemptions from the requirements
thereof.
59. Employment of Laborers or Mechanics Not Listed in Aforesaid Wage Determination Decision
Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed
under the Contract will be classified or reclassified conformably to the wage determination by the Local Public
Agency and a report of the action taken shall be submitted by the Local Public Agency through the State
Department of Local Affairs to the Secretary of Labor, United States Department of Labor. In the event the
interested parties cannot agree on the proper classification or reclassification of a particular class of laborers and
mechanics to be used, the question accompanied by the recommendation of the Local Public Agency shall be
referred through the State Department of Local Affairs to the Secretary of Labor for final determination.
60. Fringe Benefits Not Expressed as Hourly Wage Rates
The Local Public Agency shall require, whenever the minimum wage rate prescribed in the Contract for a class of
laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage rate and the Contractor
is obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In
the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question,
accompanied by the recommendation of the Local Public Agency, shall be referred to the Secretary of Labor for
determination.
61. Posting Wage Determination Decisions and Authorized Wage Deductions
The applicable wage poster of the Secretary of Labor, United States Department of Labor, and the applicable
wage determination decisions of said Secretary of Labor with respect to the various classifications of laborers and
mechanics employed and to be employed upon the work covered by this Contract, and a statement showing all
deductions, if any, in accordance with the provisions of this Contract, to be made from wages actually earned by
persons so employed or to be employed under such classifications, shall be posted at appropriate conspicuous
points at the site of the work.
62. Complaints, Proceedings, or Testimony by Employees
No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are
applicable shall be discharged or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards
applicable under this Contract to his employer.
63. Claims and Disputes Pertaining to Wage Rates
Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the
work covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency
or Public Body for referral to the Secretary of Labor, United States Department of Labor, whose decision shall be
final with respect thereto.
64. Questions Concerning Certain Federal Statutes and Regulations
All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti-
Kickback Act, (b) the Contract Work Hours and Safety Standards Act, c) the aforesaid Davis-Bacon Act, (d) the
regulations issued by the Secretary of Labor, United States Department of Labor, pursuant to said Acts, or(e) the
labor standards provisions of any other pertinent Federal statute, shall be referred through the Local Public
Agency and to the Secretary of Labor, United States Department of Labor, for said Secretary's appropriate ruling
or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract.
65. Payrolls and Basic Payroll Records of Contractor and Subcontractors
Page � 47
The Contractor and each subcontractor shall prepare his payrolls on forms satisfactory to and in accordance with
instructions to be furnished by the Local Public Agency or Public Body. The Contractor shall submit WEEKLY to
the Local Public Agency or Public Body certified copies of all payrolls of the Contractor and of the subcontractors,
it being understood that the Contractor shall be responsible for the submission of copies of payrolls of all
subcontractors. Each such payroll shall contain the "Weekly Statement of Compliance" set forth in Section
3.3 of Title 29, Code of Federal Regulations. The payrolls and basic payroll records of the Contractor and each
subcontractor covering all laborers and mechanics employed upon the work covered by this Contract shall be
maintained during the course of the work and preserved for a period of 5 years thereafter. Such payrolls and
basic payroll records shall contain the name and address of each such employee, their correct classification, rate
of pay(including rates of contributions or costs anticipated, of the types described in Section 1(b)(2) of the Davis-
Bacon Act,) daily and weekly number of hours worked, deductions made, and actual wages paid. In addition,
whenever the Secretary of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code of Federal Regulations,
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor or
subcontractor shall maintain records which shows that the commitment to provide such benefits is enforceable,
that the plan of program is financially responsible, and that the plan or program has been communicated in writing
to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. The Contractor and each subcontractor shall make his employment records with respect
to persons employed by him upon the work covered by this Contract available for inspection by authorized
representatives of the Secretary of Housing and Urban Development, The Colorado Department of Local Affairs,
the Local Public Agency, and the United States Department of Labor. Such representatives shall be permitted to
interview employees of the Contractor or of any subcontractor during working hours on the job.
Page � 48
66. Specific Coverage of Certain Types of Work by Employees
The transporting of materials and supplies to or from the site of the Project or Program to which this Contract
pertains by the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of
materials, articles, supplies, or equipment on the site of the Project or Program to which this Contract pertains by
persons employed by the Contractor or by any subcontractor, shall, for the purposes of this Contract, and without
limiting the generality of the foregoing provisions of this Contract, be deemed to be work to which these Federal
Labor Standards Provisions are applicable.
67. Ineligible Subcontractors
The Contractor must certify that none of the subcontractors are ineligible or debarred through HUD or the General
Services Administration.
68. Provisions to be Included in Certain Subcontracts
The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this
Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause
requiring the subcontractors to include such provisions in any lower tier subcontracts which they may enter into,
together with a clause requiring such insertion in any further subcontracts that may in turn be made.
69. Breach of Foregoing Federal Labor Standards Provisions
In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency
reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any
of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of
these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable
regulations issued by the Secretary of Labor, United States Department of Labor.
70. Employment Practices
The Contractor(1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the
project which will provide new job opportunities for the unemployed and underemployed, and (2) shall insert or
cause to be inserted the same provision in each construction subcontract.
71. Contract Termination; Debarment
A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the
contract, and for debarment as provided in 29 CFR 5.6.
72. Public Contract for Services—Employment Eligibility Verification
In accordance with C.R.S. 8-17.5-101 and 102, the Contractor certifies through execution of this Contract that it
will not knowingly employ or contract with an illegal alien who will perform work under this Contract.
(a) The Contractor will participate in the E-Verify Program, the employment verification program
established by the Colorado Department of Labor and Employment, in order to confirm the
employment eligibility of all employees who are newly hired for employment to perform work
under this contract.
(b) The Contractor shall notify the owner and the Colorado Department of Labor and Employment of
its participation in the employment verification program.
(c) The Contractor shall not enter into a contract with a subcontractor that fails to certify TO THE
CONTRACTOR they THE SUBCONTRACTOR shall not knowingly employ or contract with an
illegal alien to perform work under THIS Contract or use either the E-Verify Program or Colorado
Department of Labor and Employment verification program procedures to undertake pre-
employment screening of job applicants while the contract is being performed.
Page � 49
(d) If the Contractor obtains actual knowledge that a subcontractor knowingly employs or contracts
- with an illegal alien, the Contractor is required to:
(1) Notify the subcontractor and the Department of Local Affairs within three days of
obtaining actual knowledge of the employment or contract with an illegal alien.
(2) Terminate the subcontract if within three days of receiving the notice the subcontractor
does not stop employing or contracting with the illegal alien unless, during such three
days, the subcontractor provides information that it did not knowingly employ or contract
with an illegal alien.
(3) Comply with any reasonable request by the Colorado Department of Labor and
Employment in the course of an investigation pursuant to authority established pursuant
to CRS§8-17.5-102(5)(a).
(e) The Department of Local Affairs or the Owner may terminate this Contract for any violation of this
provision and the Contractor shall be liable for actual and consequential damages to the
Department of Local Affairs and the Owner.
73. Subcontracting with Small and Minority Firms, Women's Business Enterprise, and Labor Surplus
Area Firms
The Contractor shall take the following steps to ensure that, whenever possible, subcontracts are awarded to
small business firms, minority firms, women's business enterprises, and labor surplus area firms:
(a) Placing qualified small and minority businesses and women's business enterprises on solicitation
lists;
(b) Ensuring that small and minority businesses and women's business enterprises are solicited
whenever they are potential sources;
(c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses and women's business enterprises;
(d) Establishing delivery schedules, where the requirements of the contract permit, which encourage
participation by small and minority businesses and women's business enterprises; and
(e) Using the services and assistance of the U.S. Small Business Administration, the Minority
Business Development Agency of the U.S. Department of Commerce, and State and local
governmental small business agencies.
Page � 50
Federal Labor Standards Provisions U.S. Department of Housing and Urban Development
Applicability
The Project or Program to which the construction rate and fringe benefits therefore only when the
work covered by this contract pertains is being following criteria have been met:
assisted by the United States of America and the (1)The work to be performed by the classification
following Federal Labor Standards Provisions are requested is not performed by a classification in the
included in this Contract pursuant to the provisions wage determination; and
applicable to such Federal assistance. (2)The classification is utilized in the area by the
A. 1. (i) Minimum Wages. All laborers and construction industry; and
mechanics employed or working upon the site of the (3) The proposed wage rate, including any bona fide
work, will be paid unconditionally and not less often fringe benefits, bears a reasonable relationship to
than once a week, and without subsequent the wage rates contained in the wage determination.
deduction or rebate on any account(except such (Office of Labor Relations Previous editions are
payroll deductions as are permitted by regulations obsolete Page 1 of 5 form HUD-4010 (06/2009) ref.
issued by the Secretary of Labor under the Handbook 1344.1
Copeland Act(29 CFR Part 3), the full amount of
wages and bona fide fringe benefits (or cash b) If the contractor and the laborers and mechanics
equivalents thereofl due at time of payment to be employed in the classification (if known), or
computed at rates not less than those contained in their representatives, and HUD or its designee agree
the wage determination of the on the classification and wage rate (including the
Secretary of Labor which is attached hereto and amount designated for fringe benefits where
made a part hereof, regardless of any contractual appropriate), a report of the action taken shall be
relationship which may be alleged to exist between sent by HUD or its designee to the Administrator of
the contractor and such laborers and mechanics. the Wage and Hour Division, Employment
Contributions made or costs reasonably anticipated Standards Administration, U.S. Department of
for bona fide fringe benefits under Section I(b)(2) of Labor, Washington, D.C. 20210. The Administrator,
the Davis-Bacon Act on behalf of laborers or or an authorized representative, will approve,
mechanics are considered wages paid to such modify, or disapprove every additional classification
laborers or mechanics, subject to the provisions of action within 30 days of receipt and so advise HUD
29 CFR 5.5(a)(1)(iv); also, regular contributions or its designee or will notify HUD or its designee
made or costs incurred for more than a weekly within the 30-day period that additional time is
period (but not less often than quarterly) under necessary. (Approved by the Office of Management
plans, funds, or programs, which cover the particular and Budget under OMB control number 1215-0140.)
weekly period, are deemed to be constructively (c) In the event the contractor, the laborers or
made or incurred during such weekly period. mechanics to be employed in the classification or
Such laborers and mechanics shall be paid the their representatives, and HUD or its designee do
appropriate wage rate and fringe benefits on the not agree on the proposed classification and wage
wage determination for the classification of work rate (including the amount designated for fringe
actually performed, without regard to skill, except as benefits, where appropriate), HUD or its designee
provided in 29 CFR 5.5(a)(4). Laborers or shall refer the questions, including the views of all
mechanics performing work in more than one interested parties and the recommendation of HUD
classification may be compensated at the rate or its designee, to the Administrator for
specified for each classification for the time actually determination. The Administrator, or an authorized
worked therein: Provided that the employer's payroll representative, will issue a determination within 30
records accurately set forth the time spent in each days of receipt and so advise HUD or its designee or
classification in which work is performed. The wage will notify HUD or its designee within the 30-day
determination (including any additional classification period that additional time is necessary. (Approved
and wage rates conformed under by the Office of Management and Budget under
29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster OMB Control Number 1215-0140.)
(WH-1321) shall be posted at all times by the (d)The wage rate (including fringe benefits where
contractor and its subcontractors at the site of the appropriate) determined pursuant to subparagraphs
work in a prominent and accessible, place where it (1)(ii)(b) or(c) of this paragraph, shall be paid to all
can be easily seen by the workers. workers performing work in the classification under
(ii) (a)Any class of laborers or mechanics which is this contract from the first day on which work is
not listed in the wage determination and which is to performed in the classification.
be employed under the contract shall be classified in (iii)Whenever the minimum wage rate prescribed in
conformance with the wage determination. HUD the contract for a class of laborers or mechanics
shall approve an additional classification and wage includes a fringe benefit which is not expressed as
Page � 51
an hourly rate, the contractor shall either pay the number of hours worked, deductions made and
benefit as stated in the wage determination or shall actual wages paid. Whenever the Secretary of Labor
pay another bona fide fringe benefit or an hourly has found under 29 CFR 5.5 (a)(1)(iv)that the
cash equivalent thereof. wages of any laborer or mechanic include the
(iv) If the contractor does not make payments to a amount of any costs reasonably anticipated in
trustee or other third person, the contractor may providing benefits under a plan or program
consider as part of the wages of any laborer or described in Section I(b)(2)(B) of the Davis-Bacon
mechanic the amount of any costs reasonably Act, the contractor shall maintain records which
anticipated in providing bona fide fringe benefits show that the commitment to provide such benefits
under a plan or program, Provided, That the is enforceable, that the plan or program is financially
Secretary of Labor has found, upon the written responsible, and that the plan or program has been
request of the contractor, that the applicable communicated in writing to the laborers or
standards of the Davis-Bacon Act have been met. mechanics affected, and records which show the
The Secretary of Labor may require the contractor to costs anticipated or the actual cost incurred in
set aside in a separate account assets for the providing such benefits. Contractors employing
meeting of obligations under the plan or program. apprentices or trainees under approved programs
(Approved by the Office of Management and Budget shall maintain written evidence of the registration of
under OMB Control Number 1215-0140.) apprenticeship programs and certification of trainee
2.Withholding. HUD or its designee shall upon its programs, the registration of the apprentices and
own action or upon written request of an authorized trainees, and the ratios and wage rates prescribed in
representative of the Department of Labor withhold the applicable programs. (Approved by the Office of
or cause to be withheld from the contractor under Management and Budget under OMB Control
this contract or any other Federal contract with the Numbers 1215-0140 and 1215-0017.)
same prime contractor, or any other Federally- (ii) (a)The contractor shall submit weekly for each
assisted contract subject to Davis-Bacon prevailing week in which any contract work is performed a copy
wage requirements, which is held by the same prime of all payrolls to HUD or its designee if the agency is
contractor so much of the accrued payments or a party to the contract, but if the agency is not such
advances as may be considered necessary to pay a party, the contractor will submit the payrolls to the
laborers and mechanics, including apprentices, applicant sponsor, or owner, as the case may be, for
trainees and helpers, employed by the contractor or transmission to HUD or its designee. The payrolls
any subcontractor the full amount of wages required submitted shall set out accurately and completely all
by the contract In the event of failure to pay any of the intormation required to be maintained under
laborer or mechanic, including any apprentice, 29 CFR 5.5(a)(3)(i) except that full social security
trainee or helper, employed or working on the site of numbers and home addresses shall not be included
the work, all or part of the wages required by the on weekly transmittals. Instead the payrolls shall
contract, HUD or its designee may, after written only need to include an individually identifying
notice to the contractor, sponsor, applicant, or number for each employee (e.g., the last four digits
owner, take such action as may be necessary to of the employee's social security number). The
cause the suspension of any further payment, required weekly payroll information may be
advance, or guarantee of funds until such violations submitted in any form desired. Optional Form WH-
have ceased. HUD or its designee may, after written 347 is available for this purpose from the Wage and
notice to the contractor, disburse such amounts Hour Division Web site at
withheld for and on account of the contractor or http://www.dol.gov/esa/whd/forms/wh347instr.htm or
subcontractor to the respective employees to whom its successor site. The prime contractor is
they are due. The Comptroller General shall make responsible for the submission of copies of payrolls
such disbursements in the case of direct Davis- by all subcontractors. Contractors and
Bacon Act contracts. subcontractors shall maintain the full social security
3. (i) Payrolls and basic records. Payrolls and number and current address of each covered
basic records relating thereto shall be maintained by worker, and shall provide them upon request to HUD
the contractor during the course of the work or its designee if the agency is a party to the
preserved for a period of three years thereafter for contract, but if the agency is not such a party, the
all laborers and mechanics working at the site of the contractor will submit the payrolls to the applicant
work. Such records shall contain the name, address, sponsor, or owner, as the case may be, for
and social security number of each such worker, his transmission to HUD or its designee, the contractor,
or her correct classification, hourly rates of wages or the Wage and Hour Division of the Department of
paid (including rates of contributions or costs Labor for purposes of an investigation or audit of
anticipated for bona fide fringe benefits or cash compliance with prevailing wage requirements. It is
equivalents thereof of the types described in Section not a violation of this subparagraph for a prime
I (b) (2) (B) of the Davis-bacon Act), daily and weekly contractor to require a subcontractor to provide
Page � 52
addresses and social security numbers to the prime work they performed when they are employed
contractor for its own records, without weekly pursuant to and individually registered in a bona fide
submission to HUD or its designee. (Approved by apprenticeship program registered with the U.S.
the Office of Management and Budget under OMB Department of Labor, Employment and Training
Control Number 1215-0149.) Administration, Office of Apprenticeship Training,
(b) Each payroll submitted shall be accompanied by Employer and Labor Services, or with a State
a"Statement of Compliance," signed by the Apprenticeship Agency recognized by the Office, or
contractor or subcontractor or his or her agent who if a person is employed in his or her first 90 days of
pays or supervises the payment of the persons probationary employment as an apprentice in such
employed under the contract and shall certify the an apprenticeship program, who is not individually
following: (1)That the payroll for the payroll period registered in the program, but who has been
contains the information required to be provided certified by the Office of Apprenticeship Training,
under 29 CFR 5.5 (a)(3)(ii), the appropriate Employer and Labor Services or a State
information is being maintained under 29 CFR Apprenticeship Agency(where appropriate) to be
5.5(a)(3)(i), and that such information is correct and eligible for probationary employment as an
complete; Previous editions are obsolete(2)That apprentice. The allowable ratio of apprentices to
each laborer or mechanic(including each helper, journeymen on the job site in any craft classification
apprentice, and trainee) employed on the contract shall not be greater than the ratio permitted to the
during the payroll period has been paid the full contractor as to the entire work force under the
weekly wages earned, without rebate, either directly registered program.Any worker listed on a payroll at
or indirectly, and that no deductions have been an apprentice wage rate, who is not registered or
made either directly or indirectly from the full wages otherwise employed as stated above, shall be paid
earned, other than permissible deductions as set not less than the applicable wage rate on the wage
forth in 29 CFR Part 3; (3) That each laborer or determination for the classification of work actually
mechanic has been paid not less than the applicable performed. In addition, any apprentice performing
wage rates and fringe benefits or cash equivalents work on the job site in excess of the ratio permitted
for the classification of work performed, as specified under the registered program shall be paid not less
in the applicable wage determination incorporated than the applicable wage rate on the wage
into the contract. determination for the work actually performed.
(c)The weekly submission of a properly executed Where a contractor is performing construction on a
certification set forth on the reverse side of Optional project in a locality other than that in which its
Form WH-347 shall satisfy the requirement for program is registered, the ratios and wage rates
submission of the"Statement of Compliance" (expressed in percentages of the journeyman's
required by subparagraph A.3.(ii)(b). hourly rate) specified in the contractor's or
(d)The falsification of any of the above certifications subcontractor's registered program shall be
may subject the contractor or subcontractor to civil observed. Every apprentice must be paid at not less
or criminal prosecution under Section 1001 of Title than the rate specified in the registered program for
18 and Section 231 of Title 31 of the United States the apprentice's level of progress, expressed as a
Code. percentage of the journeymen hourly rate specified
(iii) The contractor or subcontractor shall make the in the applicable wage determination.
records required under subparagraph A.3.(i) Apprentices shall be paid fringe benefits in
available for inspection, copying, or transcription by accordance with the provisions of the apprenticeship
authorized representatives of HUD or its designee or program. If the apprenticeship program does not
the Department of Labor, and shall permit such specify fringe benefits, apprentices must be paid the
representatives to interview employees during full amount of fringe benefits listed on the wage
working hours on the job. If the contractor or determination for the applicable classification. If the
subcontractor fails to submit the required records or Administrator determines that a different practice
to make them available, HUD or its designee may, prevails for the applicable apprentice classification,
after written notice to the contractor, sponsor, fringes shall be paid in accordance with that
applicant or owner, take such action as may be determination. In the event the Office of
necessary to cause the suspension of any further Apprenticeship Training, Employer and Labor
payment, advance, or guarantee of funds. Services, or a State Apprenticeship Agency
Furthermore, failure to submit the required records recognized by the Office, withdraws approval of an
upon request or to make such records available may apprenticeship program, the contractor will no longer
be grounds for debarment action pursuant to 29 be permitted to utilize apprentices at less than the
CFR 5.12. applicable predetermined rate for the work
4. Apprentices and Trainees. performed until an acceptable program is approved.
(i)Apprentices.Apprentices will be permitted to (ii) Trainees. Except as provided in 29 CFR 5.16,
work at less than the predetermined rate for the trainees will not be permitted to work at less than the
Page � 53
predetermined rate for the work performed unless 7. Contract termination; debarment.A breach of
they are employed pursuant',to and individually the contract clauses in 29 CFR 5.5 may be grounds
registered in a program which has received prior for termination of the contract and for debarment as
approval, evidenced by formal certification by the a contractor and a subcontractor as provided in 29
U.S. Department of Labor, Employment and Training CFR 5.12.
Administration. The ratio of trainees to journeymen 8. Compliance with Davis-Bacon and Related Act
on the job site shall not be greater than permitted Requirements.
under the plan approved by the Employment and All rulings and interpretations of the Davis-Bacon
Training Administration. Every trainee must be paid and
at not less than the rate specified in the approved Related Acts contained in 29 CFR Parts 1, 3, and 5
program for the trainee's level of progress, are herein incorporated by reference in this contract
expressed as a percentage of the journeyman hourly 9. Disputes concerning labor standards. Disputes
rate specified in the applicable wage determination. arising out of the labor standards provisions of this
Trainees shall be paid fringe benefits in accordance contract shall not be subject to the general disputes
with the provisions of the trainee program. If the clause of this contract. Such disputes shall be
trainee program does not mention fringe benefits, resolved in accordance with the procedures of the
trainees shall be paid the full amount of fringe Department of Labor set forth in 29 CFR Parts 5, 6,
benefits listed on the wage determination unless the and 7. Disputes within the meaning of this clause
Administrator of the Wage and Hour Division include disputes between the contractor(or any of
determines that there is an apprenticeship program its subcontractors) and HUD or its designee, the
associated with the corresponding journeyman wage U.S. Department of Labor, or the employees or their
rate on the wage determination which provides for representatives.
less than full fringe benefits for apprentices. Any 10. (i) Certification of Eligibility. By entering into
employee listed on the payroll at a trainee rate who this contract the contractor certifies that neither it
is not registered and participating in a training plan (nor he or she) nor any person or firm who has an
approved by Previous editions are obsolete the interest in the contractor's firm is a person or firm
Employment and Training Administration shall be ineligible to be awarded Government contracts by
paid not less than the applicable wage rate on the virtue of Section 3(a) of the Davis-Bacon Act or 29
wage determination for the work actually performed. CFR 5.12(a)(1) or to be awarded HUD contracts or
In addition, any trainee performing work on the job participate in HUD programs pursuant to 24 CFR
site in excess of the ratio permitted under the Part 24. (ii) No part of this contract shall be
registered program shall be paid not less than the subcontracted to any person or firm ineligible for
applicable wage rate on the wage determination for award of a Government contract by virtue of Section
the work actually performed. In the event the 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or
Employment and Training Administration withdraws to be awarded HUD contracts or participate in HUD
approval of a training program, the contractor will no programs pursuant to 24 CFR Part 24. (iii)The
longer be permitted to utilize trainees at less than penalty for making false statements is prescribed in
the applicable predetermined rate for the work the U.S. Criminal Code, 18 U.S.C. 1001.
performed until an acceptable program is approved. Additionally, U.S. Criminal Code, Section 1 01 0,
(iii) Equal employment opportunity.The utilization Title 18, U.S.C.,
of apprentices, trainees and journeymen under 29 "Federal Housing Administration transactions",
CFR Part 5 shall be in conformity with the equal provides in part: "Whoever, for the purpose of. . .
employment opportunity requirements of Executive influencing in any way the action of such
Order 11246, as amended, and 29 CFR Part 30. Administration.....makes, utters or publishes any
5. Compliance with Copeland Act requirements. statement knowing the same to be false.....shall be
The contractor shall comply with the requirements of fined not more than $5,000 or imprisoned not more
29 CFR Part 3 which are incorporated by reference than two years, or both."
in this contract. 11. Complaints, Proceedings, or Testimony by
6. Subcontracts. The contractor or subcontractor Employees. No laborer or mechanic to whom the
will insert in any subcontracts the clauses contained wage, salary, or other labor standards provisions of
in subparagraphs 1 through 11 in this paragraph A this Contract are applicable shall be discharged or in
and such other clauses as HUD or its designee may any other manner discriminated against by the
by appropriate instructions require, and a copy of the Contractor or any subcontractor because such
applicable prevailing wage decision, and also a employee has filed any complaint or instituted or
clause requiring the subcontractors to include these caused to be instituted any proceeding or has
clauses in any lower tier subcontracts. The prime testified or is about to testify in any proceeding
contractor shall be responsible for the compliance by under or relating to the labor standards applicable
any subcontractor or lower tier subcontractor with all under this Contract to his employer.
the contract clauses in this paragraph.
Page � 54
B. Contract Work Hours and Safety Standards compliance by any subcontractor or lower tier
Act. The provisions of this paragraph B are subcontractor with the clauses set forth in
applicable where the amount of the prime contract subparagraphs (1) through (4) of this paragraph.
exceeds$100,000. As used in this paragraph, the C. Health and Safety.The provisions of this
terms"laborers"and"mechanics" include watchmen paragraph C are applicable where the amount of the
and guards. prime contract exceeds $100,000.
(1) Overtime requirements. No contractor or (1) No laborer or mechanic shall be required to work
subcontractor contracting for any part of the contract in surroundings or under working conditions which
work which may require or involve the employment are unsanitary, hazardous, or dangerous to his
of laborers or mechanics shall require or permit any health and safety as determined under construction
such laborer or mechanic in any workweek in which safety and health standards promulgated by the
the individual is employed on such work to work in Secretary of Labor by regulation.
excess of 40 hours in such workweek unless such (2)The Contractor shall comply with all regulations
laborer or mechanic receives compensation at a rate issued by the Secretary of Labor pursuant to Title 29
not less than one and one-half times the basic rate Part 1926 and failure to comply may result in
of pay for all hours worked in excess of 40 hours in imposition of sanctions pursuant to the Contract
such workweek. Work Hours and Safety Standards Act, (Public Law
(2)Violation; liability for unpaid wages; 91-54, 83 Stat 96). 40 USC 3701 et seq.
liquidated damages. In the event of any violation of (3)The contractor shall include the provisions of this
the clause set forth in subparagraph (1) of this paragraph in every subcontract so that such
paragraph, the contractor and any subcontractor provisions will be binding on each subcontractor.
responsible therefore shall be liable for the unpaid The contractor shall take such action with respect to
wages. In addition, such contractor and any subcontractor as the Secretary of Housing and
subcontractor shall be liable to the United States (in Urban Development or the Secretary of Labor shall
the case of work done under contract for the District direct as a means of enforcing such provisions.
of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each Office ot Labor Reiations
individual laborer or mechanic, including watchmen Previous Editions are obsolete
and uards, em lo ed in violation of the clause set Page 1 of 5
9 P y Form:HUD-410(06-2009)
forth in subparagraph (1)of this paragraph, in the Ref.Handbook 1344
sum of$10 for each calendar day on which such
individual was required or permitted to work in
excess of the standard workweek of 40 hours
without payment of the overtime wages required by
the clause set forth in sub paragraph (1) of this
paragraph.
(3)Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold
or cause to be withheld, from any moneys payable
on account of work performed by the contractor or
subcontractor under any such contract or any other
Federal contract with the same prime contract, or
any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act
which is held by the same prime contractor such
sums as may be determined to be necessary to
satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts.The contractor or subcontractor
shall insert in any subcontracts the clauses set forth
in subparagraph (1)through (4) of this paragraph
and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for
Page � 55
PERFORMANCEBOND
(PAGE 1 OF 2)
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
KNOW ALL MEN BY THE PRESENTS; that
(Name of Contractor)
(Address of Contractor)
, hereinafter
called Contractor, and a (Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld Countv, Colorado
(Name of Owner)
P.O. Box 758, 1111 H Street, Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of Dollars, ($
), 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 , 2015, a copy of which is
hereto attached and made a part hereof for the construction of:
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
described in the Invitation for Bids, Bid No. 61500196.
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
SP-56
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.
SP-57
PERFORMANCE BOND
(PAGE 2 OF 2)
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
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.
IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be
deemed an
original, this day of , 2015.
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.
SP-58
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.
SP-59
LABOR& MATERIALS PAYMENT BOND
(PAGE 1 OF 2)
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
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 Countv, Colorado
(Name of Owner)
P.O. Box 758, 1111 H Street, Greel�, 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 ,
2015,
a copy of which is hereto attached and made a part hereof for the construction of:
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
described in the Invitation for Bids, Bid No. B1500196.
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
S P-60
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.
SP-61
LABOR& MATERIALS PAYMENT BOND
(PAGE 2 OF 2)
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
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.
IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be
deemed an original,
this day of ,
2015.
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.
S P-62
IMPORTANT: Surety companies executing Bonds must appear on the Treasury DepartmenYs most
current list (Circular 570 as amended) and be authorized to transact business in the State where the
Project is located.
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NOTICE TO PROCEED
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A (TWO RIVERS PARKWAY)
To:
Date:_
Name of Project:
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A (TWO RIVERS PARKWAY)
described in the Invitation for Bids, Bid No. 61500196.
You are hereby notified to commence Work in accordance with the Agreement dated The
date of completion of all Work is therefore
By
Richard White, P.E.,
Project Manger
Weld County, Colorado, Owner
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed
is hereby acknowledged by:
(Contractor)
Dated this day of , 2015.
By
Title
S P-64
CHANGE ORDER NO. (EXAMPLE)
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
Date:
PROJECT: TRM INSTALLATION FOR EM-BR34-17A& EM-BR19.5-36A described in the Invitation for
Bids, Bid No. 61500196.
Owner: Weld Countv, 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:
Richard White, P.E. (Project Manager)
Engineer: Date:
APPROVALS:
Contractor: Date:
Owner: Date:
S P-65
MINOR CONTRACT REVISION NO. (EXAMPLE)
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
Date:
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
described in the Invitation for Bids, Bid No. B1500196.
Owner: Weld Countv, Colorado
Contractor:
The following change is hereby made to the Contract Documents:
RECOMMENDED:
Owner Representative: Date:
Richard white, P.E. (Project Manager)
Engineer: Date:
APPROVALS:
Contractor: Date:
Owner: Date:
SP-66
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
Owner's Project No: EM-BR 27.5-48A(TWO RIVERS PARKWAY)
Engineer's Project No: EM-BR 27.5-48A(TWO RIVERS PARKWAY)
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
described in the Invitation for Bids, Bid No. 61500196.
Contractor:
Contract For: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
described in the Invitation for Bids, Bid No. 61500196.
Contract Dated:
This Certificate of Substantial Completion applies to all Work under the Contract Documents except for
the following specified parts thereof:
The Work to which this Certificate applies has been inspected by authorized representatives of the
Owner, Contractor and Engineer, and that Work is hereby declared to be substantially complete in
accordance with the Contract Documents on
Date of Substantial Completion
A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the
failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in
accordance with the Contract Documents. The items in the list shall be completed or corrected by the
Contractor within days of the above date of Substantial Completion.
To be effective, this form must be signed by the Owner, the Engineer, and the Contractor.
Owner: Date:
Engineer: Date:
Contractor: Date:
SP-67
LIEN WAIVER (GENERAL CONTRACTOR)
PROJECT: TRM INSTALLATION FOR EM-BR34-17A& EM-BR19.5-36A
TO: Weld County Public Works
Attn: Richard White, P.E., Project Manager
P.O. Box 758
Greeley, Colorado 80632
Gentlemen:
For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and
sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to
its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for
material heretofore furnished for use in and for labor heretofore performed upon the construction,
alteration, addition to or repair of the structures or improvements described in the Contract Documents
as:
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
described in the Invitation for Bids, Bid No. B1500196.
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
, 2015,
by
SP-68
My commission expires:
Notary Public
SP-69
FINAL LIEN WAIVER(SUBCONTRACTORS)
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
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
, 2015,
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.
(F)
(SEAL)
(Name of sole ownership, corporation or
partnership)
(Affix Corporate seal here)
(SEAL)
Title:
(Signature of Authorized Representative)
INSTRUCTIONS FOR FINAL WAIVER
(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.
SP-70
(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.
S P-71
NOTICE OF ACCEPTANCE
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
TO: Date:
RE: PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
described in the Bid No. 61500196.
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.
By:
Richard White, P.E., Project Manager
Weld County, Colorado, Owner
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed
is hereby acknowledged by:
Dated this day of , 2015.
By
(Contractor)
Title
SP-72
CERTIFICATIONS
CIVIL RIGHTS
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
The undersigned is fully aware that this contract is wholly or partially federally funded, and further, agrees
to abide by the:
Civil Rights Act of 1964, Title VI, as amended, that provides no person on the basis of Race, Color,
or National Origin shall be excluded from participation, denied program benefits, or subjected to
discrimination.
And, Civil Rights Act of 1968, Title VIII, as amended, will not discriminate in housing on the basis of
Race, Color, Religion, Sex, or National Origin.
And, Rehabilitation Act of 1973, Section 504, as amended, that no otherwise qualified individual
shall solely by reason of his or her handicap be excluded from participation and/or employment,
denied program benefits, subjected to discrimination under any program receiving federal funds;
And, Housing and Community Development Act of 1974, Section 109, as amended, that no
person shall be excluded from participation (including employment), denied program benefits, or
subjected to discrimination on the basis of Race, Color, National Origin, Sex, Age, and Handicap
under any program or activity funded in whole or part under Title I (CDBG) of the Act. And, Age
Discrimination Act of 1975, as amended, that no person shall be excluded from participation, denied
program benefits, or subjected to discrimination on the basis of age under any program or activity
receiving federal funds.
And, Americans with Disabilities Act of 1990, as amended, that there shall be no employment
discrimination against"qualified individuals with disabilities."
And, Executive Order 11063, that no person shall, on the basis of race, color, religion, sex, or
national origin, be discriminated against in housing and related facilities provided with federal
assistance, or lending practices with respect to residential property when such practices are
connected with loans insured or guaranteed by the federal government.
And, Executive Order 11246, as amended, that no person shall be discriminated against, on the
basis of race, color, religion, sex, or national origin, in any phase of employment during the
performance of federal or federally assisted construction contracts in excess of$10,000.
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the contract, the CONTRACTOR agrees as follows:
1. The CONTRACTOR will not discriminate against any employee or applicant for employment
because of race, creed, sex, color, national origin, familial status, religious affiliation or handicap.
The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, creed, sex, color, national
origin, familial status, religious affiliation or handicap. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the GRANTEE
setting forth the provisions of this non-discrimination clause.
2. The CONTRACTOR will, in all solicitation or advertisements for employees placed by or on behalf
of the CONTRACTOR for the GRANTEE, state that all qualified applicants will receive
consideration for employment without regard to race, creed, sex, color, national origin, familial
status, religious affiliation or handicap.
SP-73
3. The CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any
work covered by this contract so that such provisions will be binding upon each subcontractor,
provided that the foregoing provisions shall not apply to contracts or subcontracts for standard
commercial supplies or raw materials.
4. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his/her books, records, and accounts by the
GRANTEE'S Department of Housing and/or Community Development and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules, regulations and orders.
5. In the event of the CONTRACTOR'S non-compliance with any provision of this contract or with
any of such rules, regulations or orders, this Agreement may be canceled, terminated, or
suspended in whole or in part and the CONTRACTOR may be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
6. The CONTRACTOR will include the provisions of the subparagraphs 12 (a) through (� in every
subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of
Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that
such provision will be binding upon each subcontractor or vendor. The CONTRACTOR will take
such action with respect to any subcontract or purchase order as the GRANTEE'S Department of
Housing and/or Community Development may direct as a means of enforcing such provisions
including sanctions for non-compliance: Provided, however, that in the event the CONTRACTOR
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the GRANTEE'S Department of Housing and/or Community Development, the
CONTRACTOR may request the United States to enter into such litigation to protect the interests
of the United States.
AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
SECTION 503(if contract$25,000 or over)
1. The CONTRACTOR will not discriminate against any employee or applicant for employment
because of physical or mental handicap in regard to any position for which the employee or
applicant for employment is qualified. The CONTRACTOR agrees to take affirmative action to
employ, advance in employment and otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in all employment practices such as
the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
2. The CONTRACTOR agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
3. In the event of the CONTRACTOR'S non-compliance with the requirements of this clause,
actions for non-compliance may be taken in accordance with the rules, regulations, and relevant
orders of the Secretary of Labor issued pursuant to the Act.
4. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants
for employment, notices in a form to be prescribed by the Director, provided by or through the
contracting officer. Such notices shall state the CONTRACTOR'S obligation under the law to take
affirmative action to employ and advance in employment qualified handicapped employees and
applicants for employment, and the rights of applicants and employees.
S P-74
5. The CONTRACTOR will notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the CONTRACTOR is
bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take
affirmative action to employ and advance in employment physically and mentally handicapped
individuals.
6. The CONTRACTOR will include the provisions of this clause in every subcontract or purchase
order of$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued
pursuant to Section 503 of the Act, so that such provisions will be binding upon each
subcontractor with respect to any subcontract or purchase order as the Director of the Office of
Federal contract Compliance Programs may direct to enforce such provisions, including action for
non-compliance.
ACCESS TO RECORDS AND RECORDS RETENTION
The undersigned certifies, to the best of his or her knowledge and belief that:
1. The individual, sole proprietor, partnership, corporation, and/or association agrees to permit the
Countv of Weld, State of Colorado Department of Local Affairs (DOLA), U. S. Department of
Housing and Urban Development (HUD), and the Office of the Inspector General and/or their
designated representatives to have access to all records for review, monitoring, and audit during
normal working hours.
2. The individual, sole proprietor, partnership, corporation, and/or association agrees to retain all
records for at least five years following the "official State of Colorado Department of Local Affairs
(DOLA)"Closeout"date of the grant or the resolution of all audit findings, whichever is later.
CONFLICT OF INTEREST
The undersigned is fully aware that this contract is wholly or partially federally funded, and further, by
submission of the bid or proposal that the individual or firm certifies that:
1. There is no substantial interest, as defined by Colorado Statutes, with any public official,
employee, agency, commission, or committee with Weld Countv or DOLA.
2. Any substantial interest, as defined by Colorado Statutes, with any public official, employee,
agency, commission, or committee (including members of their immediate family) with Weld
County that develops at any time during this contract will be immediately disclosed to We/d
Countv and DOLA.
ANTI-LOBBYING CERTIFICATION
The undersigned certifies, to the best of his or her knowledge and belief that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan,
or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
SP-75
3. The undersigned shall require that the language of this Certification be included in the award
documents for all sub-awards to all tiers (including subcontracts, sub-grants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
CERTIFICATIONS SIGNATURE FORM
Return this page with proposal.
These Certifications (Civil Rights, Equal Employment Opportunity, Affirmative Action for Handicapped
Workers -Section 503, Access to Records and Records Retention, Conflict of Interest, Lobbying) are a
material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of these Certifications is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U. S. Code.
(typed name of official) (signature of official)
SP-76
CONTRACTOR/SUBCONTRACTOR CERTIFICATIONS
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
Grantee must require that prospective bidders complete and incorporate the following certifications as
part of their bid submittal package.
EQUAL EMPLOYMENT OPPORTUNITY- EXECUTIVE ORDER 11246
SECTION 3 &SEGREGATED FACILITIES CERTIFICATION
NON-COLLUSION AFFIDAVIT OF PRIME CONTRACTOR
SP-77
CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing
rules and regulations provide that any bidder or prospective contractor, or any of their proposed
subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has
participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so,
whether it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable
instructions, such bidder shall be required to submit a compliance report within seven calendar days after
bid opening. No contract shall be awarded unless such a report is submitted.
CERTIFICATION BY BIDDER
NAME AND ADDRESS OF BIDDER(Include ZIP Code)
1. Bidder has participated in a previous contract or subcontractor subject to the Equal Opportunity
Clause.
Yes No
2. Compliance reports were required to be completed in connection with such contract or
subcontract.
Yes No
3. Bidder has filled all compliance reports due under applicable instructions.
Yes No
4. Have you ever been or are you being considered for sanction due to violation of Executive Order
11246, as amended.
Yes No
NAME AND TITLE OF SIGNER (Please type)
SIGNATURE DATE
SP-78
CERTIFICATION OF CONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
Name of Contractor or Sub-Contractor Project Name and Number
The undersigned hereby certifies that:
(a) Section 3 provisions are included in the Contract if this is a Section 3 project.
(b) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of
1964.
Name and Title of Signer(Type of Print)
Signature Date
SP-79
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
State of )
County of ) ss.
being first duly sworn, deposes and says that:
(1) He is of
, the Bidder that has submitted the
attached Bid;
(2) He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affined, has in any way colluded, conspired,
connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive
or sham Bid in connection with the Contract for which the attached Bid has been submitted or to
refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,
sought by agreement or collusion or communication or conference with any other Bidder, firm or
person to fix the price or prices in the attached Bid or of any other Bidder, or to fix an overhead,
profit or cost element of the Bid price of any other Bidder, or to secure through any collusion,
conspiracy, connivance or unlawful agreement any advantage against the (Local Public Agency)
or any person interested in the proposed Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its
agents, representatives, owners, employees, or parties in interest, including is affined.
(Signed)
Title
Subscribed and sworn to me this
day of , 2015
By:
Notary Public
My Commission expires:
SP-80
Section 3 Certifications
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
This section should be included in all Section 3 covered contracts. The CDBG Program will notify
those grantees who have Section 3 covered activities. Delete this section and the Section 3 forms
if not applicable.
THIS PROJECT IS IN WHOLE OR IN PART FEDERALLY FUNDED AND THE SUCCESSFUL BIDDER
WILL BE REQUIRED TO ADHERE TO SECTION 3 PROVISIONS
DOLA will monitor compliance with such provisions and standards for Weld Countv. The successful
bidder will be required to complete the following forms in order to comply. A brief explanation of the form
and when the form is to be submitted to DOLA is listed below. Should you have any questions concerning
Section 3 or the forms to be submitted, please feel free to contact the DOLA CDBG Program Coordinator.
SP-81
SECTION 3 BUSINESS SELF-CERTIFICATION
This form is to be completed by the contractor if applicable, and submitted as a part of the bid package
or within 3 days of contract award. The bidder completes this form to qualify as a Section 3 business
concern.
Project Name: PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
Number: To be assiqned bv DOLA at a later date
Contractor Name:
It is the policy of the Congress and the purpose of the federal Section 3 policy to ensure that the
employment and other economic opportunities generated by federal financial assistance for housing,
economic and community development programs shall, to the greatest extent feasible, be directed toward
low and very low income persons, particularly those who are the recipients of government assistance for
housing.
Does your business qualify as a Section 3 business? Yes No
To qualify as a Section 3 business, you must meet one or more of the following three criteria (please
check all that apply as per 24 CFR, Subchapter B, Part 135.5):
Is owned (51% or more) by Section 3 residents (defined below'`)
Employs in permanent, full-time positions, at least 30% persons whom are currently Section 3
residents OR whom were Section 3 residents within three years of the date of first employment
with the business
Provides evidence of a commitment to subcontract in excess of 25°/a of the dollar award of all
subcontracts to be awarded to businesses that meet one of the above definitions.
"Section 3 residents are persons who either live in public housing or are at or below the
following income qualiflcations(available from your Project Monitor or at HUD.GOV):
http://www.huduser.orq/portal/datasets/il/i12013/select Geoqraphv.odn)
COUNTY Type of 1 2 3 4 5 6 7 8
Household Person Person Person Person Person Person Person Person
Weld Moderate
Income
I certify that the above information is accurate, and agree to provide records upon request for verification
of my eligibility as a Section 3 business.
Signature Title
Name (printed) Date
(typed name of entity) (date)
S P-82
SECTION 3 RESIDENT CERTIFICATION
Project Name: PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
Contract Number: To be assiqned by DOLA at a later date.
I qualify as a Section 3 resident because:
❑ I reside within the and County
and my income is under 80% of area median income according to the income scale provided.
❑ I am NOT a Section 3 Resident.
Company Name(print)
Employee Name(print)
Signature Date
Weld County 80% of Median Income by Family Size(Income Limits available at HUD.GOV:
http://www.huduser.orq/portal/datasets/il/i12013/select Geoaraphv.odn)
COUNTY Type of 1 2 3 4 5 6 7 8
Household Person Person Person Person Person Person Person Person
Weld Moderate
County Income
SP-83
EM-BR 27.5/48A
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
Paqe
Notice to Bidders 85
Commencement and Completion of Work 86
Revision of Section 101 — Definition of Terms 87
Revision of Section 104-Scope of Work 88
Revision of Section 105—Claims for Contract Adjustment 89
Revision of Section 107— Legal Relations and Public Responsibility 90
Revision of Section 109—Measurement and Payment 91
Revision of Section 207—Topsoil 92/93
Revision of Section 212—Seeding, Fertilizer, Soil Conditioner, and Sodding 94
Revision of Section 216- Soil Retention Covering 95
Revision of Section 626—Mobilization 96
Revision of Section 630—Construction Zone Traffic Control 97
Force Account Items 98
CDOT DBE Goal 98
Certification of EEO Compliance 100
Utilities Coordination 101
STANDARD SPECIAL PROVISIONS
INDEX 102
Working Time Limits 103
COC's &Test Reports 104
Material Source 105
Supplier List 106
Responsibility for Damage Claims 107
Warning Lights for Vehicles and Equipment 108
Contract Time 109/110/111
Liquidated Damages 112
Notice to Proceed 113
SP-84
NOTICE TO BIDDERS
The proposal guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent
(5%) of the Contractor's total bid.
Pursuant to subsections 102.04 and 102.05, it is recommended that bidders on this project review the
work site and plan details.
Information regarding the project may be obtained from the following authorized representatives.
Richard White, P.E. Project Manager
Weld County Public Works Department
1111 H Street
Greeley, CO 80632
Office Phone: 970-304-6496, ext. 3742
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.
SP-85
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract as required in the"Notice to Proceed" letter and
will complete all work within 15 calendar days unless the period for completion is extended otherwise by
the County.
Salient features to be shown on the Contractor's Progress Schedule are:
1.) Mobilization
2.) Erosion and Sediment Control
3.) Clearing and Grubbing
4.) Top Soil
5.) TRM Installation
6.) Seeding and Erosion Control Blanket
7.) Substantial completion date.
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor's progress schedule may be a Bar Chart Schedule, and shall be updated weekly. Failure
to submit a reasonable schedule as required may result in the County withholding progress payments to
the Contractor.
SP-86
REVISION OF SECTION 101
DEFINITION OF TERMS
Technical Specifications related to construction materials and methods for the work required under this
contract shall consist of the "Colorado Department of Transportation, Standard Specifications for Road
and Bridge Construction" dated 2011.
Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have
different meanings within the scope of this Contract. A summary of redefinitions follows:
Subsection 101.28: "DepartmenY' shall mean the Weld County Public Works Department.
Subsection 101.29: "Chief Engineer" shall mean the Weld County Public Works Director or
designated representative.
Subsection 101.37: "Inspector" shall mean an employee designated as such by the Weld
County Public Works Department.
Subsection 101.58: "Region Transportation Director" shall mean Weld County Public Works
Director or designated representative.
Subsection 101.76: "State" shall mean Weld County.
END OF SECTION
SP-87
REVISION OF SECTION 104
SCOPE OF WORK
Section 104 of the Standard Specifications is hereby revised for this project as follows:
Subsection 104.02(c)(2)— Delete the section and replace with the following:
When a major item of work is increased in excess of 150 percent or decreased below 50 percent of
the original contract quantity. Any allowance for an increase in quantity shall apply only to that
portion in excess of 150 percent of the original contract item quantity, or in case of a decrease below
50 percent, to the actual amount of work performed. A major item is defined to be any item having an
original contract value in excess of 10 percent of the original contract amount.
Subsection 104.03 shall be revised to include the following:
Construction of a temporary access road into the work areas, and removal of the access road after
construction is completed, shall be included in the Mobilization bid item.
Subsection 104.06 shall be revised to include the following:
Any excess soil materials generated from excavation shall become the property of the Contractor and
shall be hauled out of the river and disposed of at a disposal site approved of by the Weld County
Inspector. Backfill areas in the river shall be graded such that the final grades are similar to the final
grades as described in the Contract Drawings, unless otherwise directed by the Engineer.
The Contractor shall be responsible for removing all construction debris and trash from the river and
creek on a daily basis. Any construction debris and trash which may be washed away downstream
shall be located, removed, and disposed of away from the site at a certified landfill location. Tickets
shall be provided to the Engineer.
Any petroleum products accidentally spilled or leaked within the river shall be cleaned up and
disposed of immediately. The Contractor shall be held liable for any damages resulting from the
spillage or leakage of any hazardous materials within the river channel.
Subsection 104.07 paragraph 4, starting with "Net cost savings..." shall be revised as follows:
Net cost savings on VECPs shall be split equally between the Contractor and Weld County as
determined in the Basis of Payment section of this specification. VECPs shall be submitted prior to
the start of construction activities relating to the VECP.
Subsection 104.07.(d).2 shall be removed and replaced as follows:
2. For all CECPs, the incentive payment shall be calculated as follows:
(gross cost of deleted work)—(gross cost of added work) _ (gross savings)
(gross savings) — (Contractor's engineering costs) — (Weld County's engineering costs) _ (net
savings)
Contractor's total incentive = (net savings)/2
The Contractor's engineering costs will be reimbursable only for outside consultant costs that are
verified by certified billings. Weld County's engineering costs shall be actual consultant costs
billed to Weld County and extraordinary in-house personnel labor costs. These labor costs will be
calculated at the fixed amount of$50.00 per hour per employee. Project personnel assigned to
the field office or who work on the project on a regular basis shall not be included in Weld
County's portion of the costs.
END OF SECTION
SP-88
REVISION OF SECTION 105
CLAIMS FOR CONTRACT ADJUSTMENT
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.21 shall be revised as follows:
The Colorado Department of Transportation (CDOT) will not participate in the resolution process for any
claims filed by the Contractor. Weld County will be the responsible party to such claims.
END OF SECTION
SP-89
REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO 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 but 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 107.17 shall be revised to include the following:
The Contractor shall assess and understand the risk of working within a waterway. Such risks include but
are not limited to: floods, high groundwater, and fluctuation in flows. The Contractor shall be responsible
for constructing and maintaining all temporary facilities within the waterway such as cofferdams and
diversion of channel flows. Such work shall be paid under"Water Control and Dewatering".
Subsection 107.18 shall be revised to include the following:
For this project the insurance certificates shall name Weld County (Weld) and the State of Colorado as
additionally insured parties.
Subsection 107.19 shall be revised to include the following:
The Contractor shall be required to obtain permission to conduct any work, store materials or stockpiles,
or park any construction equipment or vehicles on private property. The Contractor shall conduct their
work within the right-of-way and easement boundaries shown on the Contract Drawings. If working in the
County right-of-way, the Contractor shall obtain a right-of-way permit from Amy Joseph, 970-304-6496 x
3764.
Subsection 107.25 — The Contractors attention is directed to this subsection. The requirements as
called out in this subsection will be strictly enforced.
END OF SECTION
SP-90
REVISION OF SECTION 109
MEASUREMENT AND PAYMENT
Section 109 of the Standard Specifications is hereby revised for the project as follows:
Subsection 109.01 shall be modified to include the following:
The following work will not be measured and paid for separately but shall be included in applicable unit
prices for with the work is required. The list below is not all-inclusive and there may be other items which
are considered incidental to the project:
1. Earthwork requiring more than one handling
2. Temporary fencing
3. New materials (if required)for resetting fences
4. Fine grading
5. Mulch
6. Mulch tackifier
7. Soil conditioner
8. Fertilizer
9. Staging areas
10. Additional temporary construction easements if desired by the Contractor
11. Coordination with utility companies
12. All water
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 Engineer.
END OF SECTION
SP-91
1
REVISION OF SECTION 207
TOPSOIL
Section 207 of the Standard Specifications is hereby revised for this project as follows: I�
Subsection 207.01 shall include the following:
This work includes imported topsoil that is to be placed in the disturbed area within the project limits that
are to receive native seed.
Subsection 207.02 shall include the following:
The source of topsoil for this project is undesignated. The imported topsoil shall be approved by the
County before use. The Contractor shall submit a 1 pound sample of the product four (4) weeks before
its use on the project site for the County's approval. A Certificate of Compliance shall be provided to the
County to verify the organic matter content, pH and carbon matter to nitrogen ratio. Soil tests shall be
method of Soil Analysis used at the Colorado State University Soil Testing Laboratory.
The topsoil shall have an acidic reaction of 6.0 to 7.5 pH and shall contain between 1 and 4 percent well
composted organic matter. If required, any organic amendments shall include the following:
An organic product containing a mixture of well-rotted/composted cow or sheep manure and or
composted aspen humus or wood residue or approved equal (sphagnum or native mountain peat is not
acceptable). Organic product that has been aerobically and naturally processed in such a manner as to
maintain a consistent temperature of 140 degrees Fahrenheit 60 degrees Celsius or greater for a period
of time that is long enough to accomplish the following specifications:
1) The windrows of composted organic amendment(cow or sheep manure) have to be
composted for 70 to 90 days. Certification must be provided to prove the product has gone
through this process.
2) Eradicate harmful pathogens including coliform bacteria.
3) Free from noxious weeds or their seeds or any plant, root or seeds that would be toxic or
harmful to growth.
4) Create a carbon to nitrogen ratio of no less than 15/1 to 25/1.
5) Contain no solid particle greater than 13 mm Yz' in diameter.
6) Have a non-offensive smell similar to fresh turned soil.
7) Contain no significant level of dirt or soil and contain a maximum of 30%composted wood
residue (pine or aspen wood) (saw dust is unacceptable).
8) The pH after composting shall be between 5.0 and 7.5 with an organic matter content of not
less than 30%.
9) Soluble salts shall not be greater than 3mmhos/cm.
Topsoil shall contain the following minimum ammonium DTPA (chelate) extractable nutrients (this is the
extracting solution used by CSU Soil Testing Laboratory).
Nitro en 5 m Air dried Basis
Phos horus 5 m
Potassium 30 m
Iron Fe) 5 m
SP-92
Topsoil shall not include any minerals or elements detrimental to plant growth. Soluble salts measured in
saturation extract shall be less than 3 mmhos/cm.
2
REVISION OF SECTION 207
TOPSOIL
Subsection 207.04 replace the last paragraph with the following:
Imported topsoil that meets the requirements of Section 207 will be measured by the cubic yard. The
volume of topsoil will be determined by measuring the area in which the topsoil is placed and multiplying
the area by the topsoil depth called out on the plans.
Subsection 207.04 shall include the following:
The addition of manure or soil amendments needed to bring the topsoil into conformance with the
specifications will not be measured and paid for separately, but shall be included in the work. Stockpile
topsoil activities shall be included in the price of the work. Soil analysis shall not be paid for separately,
but shall be included in the cost of the work.
Subsection 207.05 shall include the following:
Payment for topsoil shall include imported topsoil placed in stockpiles or windrows, and subsequently
placed upon completed cut and fills slopes. All materials and work required to amend imported topsoil so
that it meets the requirements of Section 207 shall be included in the unit price bid for topsoil. All work
required for topsoil shall be included in the unit price bid.
Payment will be made under:
Pav Item Pav Unit
Topsoil (4"thick) Cubic Yard
END OF SECTION
SP-93
REVISION OF SECTION 212
SEEDING, FERTILIZER, SOIL CONDITIONER, AND SODDING
Section 212 of the Standard Specifications is hereby revised for this project as follows:
Section 212.06 shall be modified to include the following:
Soil Preparation and Seeding: Soil in all areas to receive native seed shall be fertilized and conditioned.
For soi► preparation of native grass areas, the fertilizer shall be a complete starter fertilizer having the
chemical analysis of eighteen percent (18%) Nitrogen, forty-six percent (46%) Phosphoric Acid and zero
percent (0%) Potash. Soil Conditioner shall be Biotic Earth - HGM Black or approved equal. Fertilizer
and soil conditioner shall be scarified and turned under the area designated to be seeded to a depth of
four inches (4") to free seeds and other plants. Apply the specific fertilizer in the native grass area at the
recommendedrate and work it into the soil to a depth of four inches (4")with a disc, spring tooth harrow or
other suitable equipment. Apply the specific conditioner in the native grass area at the recommended
rate and work it into the soil to a depth of four inches (4")with a disc, spring tooth harrow or other suitable
equipment. All seeded areas will then be raked and rolled to the desired finished grades with gently
sloping surfaces to adequately drain all surface water runoff.
Grade seeding areas to a smooth, even surface with a loose, uniformly fine texture. Roll, rake and
remove ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas that can
be planted within 24 hours after fine grading has been completed. No additional payment will be made if
the Contractor has to complete fine grading or for fine grading more than one time.
Acceptance
Seeded areas will be accepted upon evidence of an even, uniform, germination of grass cover. This does
not imply that a full sod is necessary. The result is based on a visual evaluation indicating a uniform
germination of about 80% with no bare spots larger than 12" in diameter and 0% noxious weeds.
Contractor shall maintain seeded areas until Initial Acceptance.
The Contractor shall maintain seeded areas until Final Acceptance. Maintenance shall consist of repair of
eroded areas, watering, mowing, weeding, fertilizing, and reseeding as necessary. For mowing
operations, sound horticultural practices shall be followed so that no more than one-third (1/3) of the leaf
surface is removed during mowing and that the height of the grass is at least three (3) inches after the
final cut. For Initial Acceptance of seeded areas, all seeded areas shall have uniform dense growth of
70% coverage. At the time of the one-year warranty, areas with insufficient vegetative cover shall be
reseeded according to these Standards and Specifications. All areas shall be well established prior to
final acceptance, which shall be inspected for compliance at the time of final acceptance for the entire
proj ect.
Subsection 212.07 shall be revised as the following:
No separate measurement and payment will be made for fine grading, fertilizer, soil conditioner, soil
conditioning, mulch, or mulch tackifier for native seeding. This work shall be included in the Unit Price bid
for native seeding. The unit price paid for native seeding shall include all of the Contractor's costs
including all labor, material, equipment and incidentals required to install seed, mulch and mulch tackifier.
Subsection 212.08 shall include the following:
Payment for seeding shall be full compensation for all work necessary to complete the seeding. The
actual quantity will be measured in-place by the County.
Payment will be made under:
Pav Item Pav Unit
Seeding (native) Acre
END OF SECTION
SP-94
1
REVISION OF SECTION 216
SOIL RETENTION COVERING
Section 216 of the Standard Specifications is hereby revised for this project as follows:
Subsection 216.02 shall include the following:
Turf Reinforcement Mat type shall be submitted for approval.
Soil Retention Blanket type shall be submitted for approval.
Subsection 216.03 shall include the following:
Turf Reinforcement Mat and Soil Retention Blanket shall be installed in accordance with the
manufacturer's recommendations and technical specifications.
Subsection 216.08 shall include the following:
Turf Reinforcement Mat and Soil Retention Blanket will be measured and paid for an a square yard basis
complete in place
Payment for TurF Reinforcement Mat and Soil Retention Blanket shall include but is not limited to: fine
grading; furnishing and installing Reinforcement Mat and Retention Blanket; pins; anchors; anchor
trenches; staples; stakes; joints; and all labor equipment and material required to install the TurF
Reinforcement Mat and Soil Retention Blanket.
Payment will be made under:
Pav Item Pav Unit
Soil Retention Blanket Square Yard
Turf Reinforcement Mat (TRM) Square Yard
END SECTION
SP-95
REVISION OF SECTION 626
MOBILIZATION
Section 626 of the Standard Specifications is hereby revised for this project as follows:
Subsection 626.01 shall include the following:
The Contractor shall inform the property owners and the tenants at the properties prior to construction.
The Contractor shall limit construction activities to those areas within the limits of disturbance as shown
on the plans to the maximum extent practical. All costs whatsoever the nature required for staging and
additional temporary construction easements including temporary fencing and erosion and sediment
control shall be considered incidental to the project.
Any disturbance beyond the limits presented on the drawings shall be restored to the original condition at
Contractor's expense. Construction activities, in addition to normal construction procedures, shall include
parking of vehicles or equipment, consolidation of construction debris or materials, and disposing of litter
and any other action which alters existing conditions. All disturbances outside the Project Limits shall be
pre-approved by the County and secured by the Contractor, at Contractor's expense
Subsection 626.01 shall include the following:
Payment will be made under:
Pay Item Pav
Unit
Mobilization Lump
Sum
END OF SECTION
SP-96
REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
The key elements of the Contractor's method of handling traffic(MHT) are outlined in subsection 630.09.
The components of the Traffic Control Plan for this project are included in the following:
(1)Subsection 104.04 and Section 630 of the specifications.
(2) Revised Standard Plans S-630-1 and S-630-2 Traffic Controls for Highway Construction.
(3)Traffic Control Layout and Quantities Estimate as shown in the Contract Drawings.
(4)Manual on Uniform Traffic Control Devices (MUTCD)
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Subsection 630.01 shall include the following:
The Contractor shall submit a traffic control plan to the County for review and approval prior to
construction. The plan shall address all phases of construction. The Plans provide a sample traffic
control plan to be used for bidding purposes.
The Contractor shall take all necessary measures to maintain a normal flow of vehicular and pedestrian
traffic to prevent accidents and to protect the work throughout the entire project. The Contractor shall
make the necessary arrangements to reroute traffic, provide and maintain barriers, cones, guards,
barricades, and construction warning and regulatory signs. Detours, street closures, and driveway
closures which are required for the protection of the traveling public during construction of this project are
included within the scope of traffic control and shall not be paid for separately. It shall be the Contractor's
responsibility to maintain roadway traffic safety, adequately, and continuously on all portions of existing
roads and cross roads affected by this work. The Contractor shall maintain that portion of the existing
roadway being used to carry traffic so that traffic may readily pass over it, including provisions of any
requiring temporary pavement markings. Placement and removal of temporary striping shall not be paid
for separately but shall be included in the work for Traffic Control.
If it becomes necessary to properly move traffic through the construction area, flaggers shall be posted to
slow down and reroute traffic. Flaggers are required when workers or equipment intermittently block a
traffic lane. Flaggers shall be wearing Class 3 high visibility safety apparel and shall be equipped with a
sign paddle.
Subsection 630.01 shall include the following:
Payment will be made under:
Pav Item Pav
Unit
Flagging Hour
Traffic Control Inspection Day
Traffic Control Management Day
Construction Traffic Sign(Panel Size A) Each
Traffic Cones Each
END OF SECTION
SP-97
FORCE ACCOUNTITEMS
DESCRIPTION
This special provision contains the DepartmenYs 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 Engineer.
Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation
for all work necessary to complete the item.
Estimated
Force Account Item Quantitv Amount
F/A Erosion Control 1 $5,000
F/A Minor Contract Adjustments 1 $9,000
F/A Fuel Cost Adjustment 1 $1,000
F/A Erosion Control—This work consists of minor erosion control work authorized and approved by the
Engineer which is not included in the contract drawings or specifications, and is necessary to accomplish
the scope of work for this contract.
F/A Minor Contract Adiustments—This work consists of minor work authorized and approved by the
Engineer, 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. The Force
Account may be used for such unforeseen items which may be needed for the project.
F/A Fuel Cost Adjustment— Bidders have the option to accept Fuel Cost Adjustments in accordance with
the Revision of Section 109- Fuel Cost Adjustment. To accept this standard special provision, the bidder
must fill in an "X" next to "YES" below. No Fuel Cost Adjustment will be made due to fuel cost changes for
bidders who answer "NO". If neither line is marked, the Department will assume the bidder rejects Fuel
Cost Adjustments for this project. After bids are submitted, bidders will not be given any other opportunity
to accept or reject this adjustment.
(Mark only one line with and "X"):
YES, I choose to accept Fuel Cost Adjustments for this project
NO, i choose NOT to accept Fuel Cost Adjustments for this project(if neither line is marked, the
default is"NO", I choose NOT to accept Fuel Cost Adjustments for this project)
END OF SECTION
SP-98
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
CONTRACT GOAL
This is a federally-assisted construction project. As described in the CDOT DBE Standard Special
Provision, the Bidder shall make good faith efforts to meet the following contract goal:
Four Percent(4%) DBE participation
SP-99
EEO Compliance
The CDOT Form 347, Certification of EEO Compliance, is no longer required to be submitted in the bid
package. This form certified that the contractor/proposed subcontractors were in compliance with the
Joint Reporting Committee EEO-1 form requirements. The EEO-1 Report must still be submitted to the
Joint Reporting Committee if the contractors and subcontractors meet the eligibility requirements (29CFR
1602.7); we will, however, no longer require certification. For additional information regarding these
federal requirements, please refer to: http://www.eeoc.gov/emplovers/eeo1survev/faq.cfm
S P-100
UTILITIES COORDINATION
The work described in these plans and specifications requires coordination between the Contractor and
the utility companies in accordance with subsection 105.10 in conducting their respective operations as
necessary to complete the utility work with minimum delay to the project. The known utilities are shown
on the Contract Drawings. However, additional unknown utilities may exist within the project limits, and
the location of known utilities is estimated and the accuracy of shown utility locations is not guaranteed.
The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation
or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected
utilities at least two (2) business days, not including the day of notification, prior to commencing such
operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1-800-922-
1987 to have locations of UNCC registered lines marked by member companies. All other underground
facilities shall be located by contacting the respective company. Utility service laterals shall also be
located prior to beginning excavating or grading.
BASIS OF PAYMENT
All costs incidental to the foregoing requirements will not be paid for separately but shall be included in
the work. No monetary compensation will be made to the Contractor for delays or any other issues
related to utility conflicts.
END OF SECTION
SP-101
STANDARD SPECIAL PROVISIONS
Date No of
Paqes
Revision of Section 105—Violation of Work Time Limitation (February 3, 2011) 1
Revision of Section 106—Certificates of Compliance and Certified Test Reports (February 3, 2011) 1
Revision of Section 106—Material Sources (October 31, 2013) 1
Revision of Section 106-Suppliers List (January 30, 2014) 1
Revision of Section 107—Contractor Obtained Stormwater Construction Permit (July 31, 2014) 1
Revision of Section 107—Responsibility for Damage Claims, Insurance Types, (February 3, 2011) 1
and Coverage Limits
Revision of Section 107—Warning Lights for Work Vehicles and Equipment (January 30, 2014) 1
Revision of Section 108—Liquidated Damages (May 2, 2013) 1
Revision of Section 108—Notice to Proceed (July 31, 2014) 1
Revision of Section 108— Project Schedule (July 31, 2014) 6
Revision of Section 108-Subletting of Contract (January 31, 2013) 1
Revision of Section 109—Compensation for Compensable Delays (May 5, 2011) 1
Revision of Section109—Measurement of Quantities (February 3, 2011) 1
Revision of Section 109—Prompt Payment (January 31, 2013) 1
Revision of Section 212—Seed (April 26, 2012) 1
Revision of Section 216—Soil Retention Covering (January 30, 2014) 4
Revision of Section 250—Environmental, Health and Safety Management (July 19, 2012) 1
Revision of Section 630—Construction Zone Traffic Control (February 17, 2012) 1
S P-102
February 3, 2011
1
REVISION OF SECTION 105
VIOLATION OF WORKING TIME LIMITATION
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.03 shall include the following:
If there is a violation of the working time limitations for traffic control as set forth in the special provisions,
a written notice to stop work will be imposed on the Contractor at the start of the next working day. Work
shall not resume until the Contractor assures the Engineer, in writing, that there will not be a reoccurrence
of the working time violation. If more violations take place, the Engineer will notify the Contractor in writing
that there will be a price reduction charge for each incident in accordance with this specification. This
incident price reduction charge will be deducted from any money due the Contractor. This price reduction
will not be considered a penalty but will be a price reduction for failure to perform traffic control in
compliance with the Contract.
An incident is any violation up to 30 minutes in duration. Each 30 minutes or increment thereof will be
considered as an incident. A price reduction will be assessed for each successive or cumulative 30
minute period in violation of the working time limitations, as determined by the Engineer. The price
reduction for each incident will increase at a progressive rate starting with $150 for the second incident
and increasing to$1200 for the fifth and subsequent incidents in accordance with the following schedule.
A 15 minute grace period will be allowed at the beginning of the second incident on the project before the
price reduction is applied. This 15 minute grace period applies only to the second incident.
The number of incident charges will be accumulative throughout the duration of the Contract.
PRICE REDUCTION SCHEDULE
Incident Incident Rate Total Price
Reduction
1 S� Notice to Stop Work ----
2nd $150 $150
3`d 300 450
4�h 600 1,050
5`h 1,200 2,250
6�h 1,200 3,450
Etc. 1,200 4,650
Etc. Etc.
SP-103
February 3, 2011
1 I
REVISION OF SECTION 106
CERTIFICATES OF COMPLIANCE AND
CERTIFIED TEST REPORTS
Section 106 of the Standard Specifications is hereby revised for this project as follows:
In subsection 106.12, delete the second paragraph and replace it with the following:
The original Certificate of Compliance shall include the Contractor's original signature as directed above.
The original signature (including corporate title) on the Certificate of Compliance, under penalty of perjury,
shall be of a person having legal authority to act for the manufacturer. It shall state that the product or
assembly to be incorporated into the project has been sampled and passed all specified tests in
conformity to the plans and specifications for this project. One legible copy of the fully signed Certificate
of Compliance shall be furnished to the Engineer prior to installation of material. The original shall be
provided to the Engineer before payment for the represented item will be made.
In subsection 106.13, delete the second paragraph and replace it with the following:
The Certified Test Report shall be a legible copy or an original document and shall include the
Contractor's original signature as directed above. The signature (including corporate title) on the Certified
Test Report, under penalty of perjury, shall be of a person having legal authority to act for the
manufacturer or the independent testing laboratory. It shall state that the test results show that the
product or assembly to be incorporated into the project has been sampled and passed all specified tests
in conformity to the plans and specifications for this project. One legible copy or original document of the
fully signed Certified Test Report shall be furnished to the Engineer prior to installation of material. Failure
to comply may result in delays to the project or rejection of the materials.
S P-104
October 31, 2013
1
REVISION OF SECTION 106
MATERIAL SOURCES
Section 106 of the Standard Specifications is hereby revised for this project as follows:
In subsection 106.02 (a�, delete the third paragraph and replace with the following:
The Contract will indicate whether the Department has or has not obtained the necessary County or City
Zoning Clearance and the required permit from Colorado Department of Natural Resources needed to
explore and remove materials from the available source. If the Department did not obtain the necessary
clearances or permits, the Contractor shall obtain them. Any delays to the project or additional expenses
that are incurred while these clearances or permits are being obtained shall be the responsibility of the
Contractor. The Contractor shall ensure that the requirements of the permits do not conflict with the pit
construction and reclamation requirements shown in the Contract for the available source.
In subsection 106.02 (b), delete the first paragraph and replace with the following:
(b) Contractor Source. Sources of sand, gravel, or borrow other than available sources will be known
as contractor sources. The contractor source will be tested by the Department and approved by the
Engineer prior to incorporation of the material into the project. If the submitted materials do not meet the
contract specifications it will become the Contractor's responsibility to re-sample and test the material.
The Contractor will supply the Department with passing test results from an AASHTO accredited
laboratory and signed and sealed by a Professional Engineer. If requested by the Engineer, the
Department will then re-sample and re-test the material for compliance to the contract specifications. The
Contractor shall produce material which meets contract specifications throughout construction of the
project.
The cost of sampling, testing, and corrective action by the Contractor will not be paid for separately but
shall be included in the work.
SP-1 OS
January 30, 2014
1
REVISION OF SECTION 106
SUPPLIER LIST
Section 106 of the Standard Specifications is hereby revised for this project as follows:
Subsection 106.01 shall include the following:
Prior to beginning any work the Contractor shall submit to the Engineer a completed Form 1425, Supplier
List. During the performance of the Contract, the Contractor shall submit an updated Form 1425 when
requested by the Engineer.
Failure to comply with the requirements of this subsection shall be grounds for withholding of progress
payments.
S P-l 06
February 3, 2011
1
REVISION OF SECTION 107
RESPONSIBILITY FOR DAMAGE CLAIMS,
INSURANCE TYPES AND COVERAGE LIMITS
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 107.15(c) and replace it with the following:
(c) Each insurance policy shall include provisions preventing cancellation or non-renewal without at least
30 days prior notice to Contractor. The Contractor shall forward to the Engineer any such notice
received within seven days of the Contractor's receipt of such notice.
The Local Agency Contractor to name CDOT as an"additional insured"on its general liability and
automobile liability policies.
S P-107
January 30, 2014
1
REVISION OF SECTION 107
WARNING LIGHTS FOR WORK VEHICLES AND EQUIPMENT
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.06(b)shall include the following:
All work vehicles and mobile equipment shall be equipped with one or more functioning warning lights
mounted as high as practicable, which shall be capable of displaying in all directions one or more
flashing, oscillating, or rotating lights for warning roadway traffic. The lights shall be amber in color. The
warning lights shall be activated when the work vehicle or mobile equipment is operating within the
roadway, right of way or both. All supplemental lights shall be SAE Class 1 certified.
SP-108
April 30, 2015
109
REVISION OF SECTION 108
DELAY AND EXTENSION OF CONTRACT TIME
Section 108 of the Standard Specifications is hereby revised for this project as follows:
In subsection 108.08, delete (c) and (d) and replace with the following:
(c) Delay. Any event, action or factor that extends the performance period of the Contract.
1. Excusab/e Delay.�A delay that was beyond the Contractor's control and was not due to the
Contractor's fault or negligence. The Department may grant a contract time extension for an
excusable delay.
A. Compensab/e Delay: A delay that the Department, not the Contractor, is responsible for entitling
the Contractorto a time extension and monetary compensation. Monetary compensation for
compensable delays will be made in accordance with Subsection 109.10.
B. Noncompensable Delay:An excusable delay that neither the Contractor nor the Department is
responsible for that may entitle the Contractor to a contract time extension but no additional
monetary compensation. Contract time allowed for the performance of the work may be
extended for delays due to force majeure (i.e. acts of God, acts of the public enemy, terrorist
acts, fires, floods, area wide strikes, embargoes, or unusually severe weather).
2. Nonexcusab/e Delay: A delay that was reasonably foreseeable or within the control of the
Contractor for which the Department will not grant monetary compensation or a contract time
extension.
3. Concurrent Delay. Independent delays to critical activities occurring at the same time.
A. The Department will not grant a time extension or additional compensation for the period of time
that a non-excusable delay is concurrent with an excusable delay.
B. The Department may grant time but no compensation for the period of time that a non-
compensable delay is concurrent with a compensable delay.
Delays in delivery of materials or fabrication scheduling resulting from late ordering, financial
considerations, or other causes that could have been foreseen or prevented will be considered
nonexcusable delays. However, delays caused by fuel shortage or delay in delivery of materials to
the Contractor due to some unusual market condition caused by industry-wide strike, national
disaster, area-wide shortage, or other reasons beyond the control of the Contractor which prevent
procurement of materials or fuel within the allowable contract time limits will be considered excusable
delays.
(d) Extension of Contract Time. The Contractor's assertion that insufficient contract time was
specified is not a valid reason for an extension of contract time. For time extension requests, the
Contractor shall provide a two-part submittal: part one shall consist of a written notice of the delay
and part two shall consist of the Contractor's delay documentation and supporting analysis.
Part 1: The Contractor shall provide the written notice of delay within seven days of the delay
occurrence. The notice shall describe the delay and include documentation substantiating the
nature and cause of the delay. Failure to submit the written notice constitutes a waiver of
entitlement to additional time or compensation.
Part 2: This shall be submitted within 30 days of the written notice. The Contractor shall include
all documentation needed to support the time extension request. In order to request additional
contract time for an unexpected delay, the Contractor shall provide a contemporaneous schedule
S P-109
analysis in accordance with subsection 108.03. The schedule analysis shall show that the
delayed activity or activities were on the critical path or became critical due to the delay.
SP-i 10
April 30, 2015
111
REVISION OF SECTION 108
DELAY AND EXTENSION OF CONTRACT TIME
The Engineer will base a determination of an allowable contract time extension on:
(1) The current Schedule in effect at the time of the alleged delay;
(2) The supporting documentation submitted by the Contractor;
(3) The contemporaneous schedule analysis; and
(4) Any other relevant information available to the Engineer.
For a time extension request resulting from a change order, the Contractor shall demonstrate the
delay to the project completion date by:
(1) Inserting a fragnet containing the change order activities into an unprogressed copy of the
schedule that is current at the time of the change order;
(2) tying the fragnet into the schedule logic; and
(3) Recalculating the schedule.
The Department will not consider delays to activities which do not affect the performance period of
the Contract as a basis for a Contract time extension. If the Engineer grants a contract time
extension, the revised Contract Completion date will be in effect as though it were the original
contract date.
A Contractor's failure to have an approved, or approved with comments, current project schedule in
place will preclude the Department from considering a Contractor's a time extension request.
SP-lll
June 4, 2015
1
REVISION OF SECTION 108
LIQUIDATED DAMAGES
Section 108 of the Standard Specifications is hereby revised for this project as follows:
In subsection 108.09, delete the Schedule of Liquidated Damages and replace with the following:
Ori inal Contract Amount $ Liquidated Damages per Calendar Day ($)
From More Than To And Includin
�, � �`� ���• ` � �-�00
#'� ��. #� 4 ss rt�, � ,�
,, , ,,..z.��. , , . ,
150,000 500,000 1,000
� '� �,.B�i�A
�1,000,000 2,000,000 2,300
� a � �� �, �� ,��. 4,100
� 4
,
�
_ � , „,.. �. „ , � � u�
r ��� <:.,t�y....,. ,.r� .,� � � ,,. ,r:<< _�-
4,000,000 10,000,000 5,800
10,000,000 ____e__________ 5,800 plus 1,600 Per Each Additionai 1,000;000
Contract Amount or Part Thereof Over
10,000,00Q
SP-1 l2
July 31, 2014
1
REVISION OF SECTION 108
NOTICE TO PROCEED
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 108.02 and replace with the following:
108.02 Notice to Proceed. The Contractor shall not commence work prior to the issuance of a Notice to
Proceed. The "Notice to Proceed"will stipulate the date on which contract time commences. When the
Contractor proceeds with work prior to that date, contract time will commence on the date work actually
begins. The Contractor shall commence work under the Contract on or prior to the 5th day following
Contract execution or the 10th day following the date of award, whichever comes later, or in accordance
with the selected start date allowed in the special provisions.
SP-I 13
January 08, 2016
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAGES
COLORADO HIGHWAY CONSTRUCTION
GENERAL DECISION NUMBER - CO160016
NOTICE
This is a standard special provision that revises or modifies CDOT's Standard
Specifications for Road and Bridge Construction. It has gone through a formal review
and approval process and has been issued by CDOT's Project Development Branch with
formal instructions for its use on CDOT construction projects. It is to be used as written
without change. Do not use modified versions of this special provision on CDOT
construction projects, and do not use this special provision on CDOT projects in a
manner other than that specified in the instructions, unless such use is first approved by
the Standards and Specification Unit of the Project Development Branch. The
instructions for use on CDOT construction projects appear below.
Other agencies which use the Standard Specifications f'or Road and Bridge Construction
to administer construction projects may use this special provision as appropriate and at
their own risk.
Instructions for use on CDOT construction projects:
Use this standard special provision on all federai-aid projects with contracts exceeding
$2000, except for non-ARRA projects on roadways classified as local roads or rural
minor collectors, which are exempt. Projects on local roads, rural minor collectors,
and enhancement projects funded with ARRA funds are not exempt.
-1-
U.S. DEPT. OF LABOR DAViS BACON MiNIMUM WAGES,COLORADO DATE 01-08-16
HIGHWAY CONSTRUCTION,GENERAL DECISION NUMBER-CO160016
Decision Nos.CO160016 dated January 08,2016 supersedes Modifications ID
Decision Nos.CO150016 dated January 02,2015. ti�nD Numbcr nate Pa�e N�mb�r(sl
When work within a project is located in two or more counties and
the minimum wages and fringe benefits are different for one or more
job classifications,the higher minimum wages and fringe benefits
sha11 apply throughout the project.
General Decision No. CO160016 applies to the following counties:Adams,Arapahoe,Broomfield,Clear Creek,
Elbert,Gilpin,Jefferson,and Park counties.
General Decision No.CO160016
The wage and fringe bene�ts listed bclow reflect collectively bargained rates.
Code Classification Basic Hourly Fringe Benefits Last
Rate Mod
ELECTR[CIAN(Traf�c Signalization Only):
1000 Clear Creek 26.42 4.75%+ 8.68
POWER EQUIPMENT OPERATOR:
Drill Rig Caisson
1001 Smaller than Watson 2500 and similar 24.73 9.l5
1002 Watson 2500 similar or larger 25.04 9.I S
Crane(50 tons and under)
1003 Arapahoe, Broomfield,Clear Creek, Elbert,Gilpin 24.88 9.15
Crane(51 -90 tons)
1004 Arapahoe, Broomfield,Clear Creek,Elbert,Gilpin 25.04 9.15
Crane(91 - 140 tons)
1005 Arapahoe, Broomfield,Clear Creek,Elbert,Gilpin 25.l9 9.15
1006 Scraper
1007 Single bowl under 40 cubic yards 24.88 9.l5
1008 40 cubic yards and over 25.04 9.15
-2-
U.S. DEPT.OF LABOR DAVIS BACON M[NIMUM WAGES,COLORADO DATE 01-08-16
HIGHWAY CONSTRUCTION,GENERAL DEC�SION NUMBER-CO160016
General Decision No. CO160016
The wage and fringe benefits listed below do not reflect collectively bargained rates.
CARPENTER:
Excludes Form Work
1009 Adams 16.61 3.88
I 0 l0 Arapahoe, Broomfield,Clear Creek,Elbert, 19.27 5.08
Gil in,Jefferson, Park
Form Work Only
1011 Adams 16.78 3.57
]012 Broomfield,Clear Creek, Elbert,Gilpin 19.1 l 5.46
I0l3 Jefferson 16.88 3.81
1014 Park 17.?8 5.38
CEMENT MASON/CONCRETE F(NISHER:
1015 Adams 16.05 3.00
1016 Arapahoe 18.70 3.85
1017 Broomfield,Clear Creek, Elbert, Gilpin 18.37 3.00
1018 Jefferson 18.02 3.42
1019 Park !7.09 2.85
ELECTRICIAN:
Excludes Traffic Signal Installation
1020 Adams 31.00 14.01
��2t Arapahoe,Broomfield,Clear Creek, Elbert, 35.13 6.83
Gil in,Jefferson,Park
Traflic Signalization Electrician
1022 Adams,Arapahoc, Broomfield,Clear Creek,Elbert, 2�25 7.10
Gil in, Park
1023 Jefferson 26.78 5.44
Traffic 5ignalization Groundsman
1024 Adams 13.96 2.80
1025 Arapahoe, BroomFeld, Elbert,Gilpi�,Park 15.24 3.81
l 026 Clear Creek ]5.70 2.14
1027 Jefferson 15.19 4.72
-3-
U.S. DEPT.OF LABOR DAVIS BACON MINIMUM WAGES,COLORADO DATE 01-08-16
HIGHWAY CONSTRUCTION,GENERAL DECISION NUMBER-CO160016
General Decision No.CO160016
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code Classi�cation Basic Hourly Fringe Bene�ts Last
Rate Mod
1028 FENCE ERECTOR 13.02 3.20
1029 FORM WORKER—Arapahoe 15.30 3.90
GUARDRAIL INSTALLER:
1030 Adams 12.89 3.45
1031 Arapahoe, Broomfield,Clear Creek,Elbert,
Gil in,Jefferson, Park �2.89 3.20
HIGHWAY/PARKING LOT STRIPIiYG:
Painter
1032 Adams, Arapahoe, Broomfield,Gear Creek,Elbert, 12.62 3.21
Gil in,Park
1033 Jefferson 1421 3.21
[RONWORKER:
Reinforcing
1034 Adams 22.14 0.77
1035 Arapahoe, Broomfield, Clear Creek, Elbert,Gilpin,Jefferson 16.69 5.45
]036 Park 19.98 2.89
]037 Structural 18.22 6.01
LABORER:
Asphalt Raker
1038 Adams,Arapahoe, Broomfield,Clear Creek, Elbert,Gilpin, L6.29 4.25
Jefferson
1039 Park 17.41 1.86
1040 Asphalt Shoveler 21.21 4.25
1041 Asphalt Spreader 18.58 4.65
Common or General
1042 Adams 16.29 4.25
]043 Arapahoe,Broomtield, Clear Creek,Elbert,Gilpin 16.67 4.27
]044 Jefferson 16.51 4.27
1045 Park 15.64 2.46
-4-
U.S. DEPT. OF LABOR DAVIS BACON M[NIMUM WAGES,COLORADO DATE 0I-08-Ib
HIGHWAY CONSTRUCTION, GENERAL DEC[SION NUMBER-CO160016
General Decision No. CO 160016
The wage and fringe benefits listed below do not retlect collectively bargained rates.
Code Classification Basic Hourly Fringe SeneCts Last
Rate Mod
Concrete Saw(Hand Held)
1046 Adams 16.29 5.20
1047 Arapahoe, Broomfield, Clear Creek, Elbert, 16.29 6.l4
Gilpin,Jefferson, Park
Landscape and [rrigation
1048 Adams, Arapahoe, Broomfield, Elbert,Gilpin,Jefferson, �2 26 3.16
Park
1049 Clear Creek 14.98 3.16
Mason Tender-Cement/Concrete
1050 Adams 17.71 2.83
1051 Arapahoe, Broomfield,Clear Creek,Elbert,Gilpin 16.96 4.04
1052 Jefferson 1629 4.25
1053 Park 15.08 3.10
1054 Pipelayer 13.55 2.41
Traffic Control(Flagger)
1055 Adams,Arapahoe,Broomfield,Clear Creek, Elbcrt,Gilpin 9.55 3.05
1056 Jefferson 9.73 3.05
1057 Park 9.42 3.21
Traffic Control(Sets Up/Moves Barrels, Cones, Install Signs,
Arrow Boards and Place Stationary Flags)
1058 Adams,Arapahoe, Broomt►etd, Elbert,Gilpin,Jet�erson 12.43 3.22
1059 Clear Creek 13.14 3.20
1060 Park 12.76 3.20
1061 PAINTER(Spray Only) 16.99 2.87
-5-
U.S. DEPT.OF LABOR DAVIS BACON MIN[MUM WAGES,COLORADO DATE 0}-08-16
HIGHWAY CONSTRUCTION, GENERAL DECISION NUMBER-CO160016
General Decision No.CO 160016
The wage and fringe benefits listed below do not reflect collectively bar�ained rates.
Code Classitication Basic Hourly Fringe Benefits Last
Rate Mod
POWER EQUIPMENT OPERATOR:
Asphalt Laydown
]062 Adams, Arapahoe, Broomfield,Clear Creek, Elbert, Gilpin, 22 67 8.75
Jefferson
1063 Park 22,67 g,�2
1064 Asphalt Paver 24.97 6.13
Asphalt Roller
1065 Adams 24.20 7.70
1066 Arapahoe ?2.F,g g.72
1067 Broomfield, Clear Creek, Elbert,Gilpin 23.41 7.67
1068 Jefferson 22.84 7.69
1069 Park 22.84 8.72
AsphaltSpreader
1070 Adams, Arapahoe, BroomEield,Clear Creek, Elbert, 22 67 8.67
Gilpin,Park
1071 Jefferson 23.34 8.06
1072 Backhoe/Trackhoe
1073 Adams 2031 4.24
1074 Arapahoe 24.59 6.24
1075 Broomfield, Clear Creek,Elbert,Gilpin 22.19 6.48
1076 Jefferson 21.99 5.60
1077 Park 20.81 6.58
-6-
U.S. DEPT. OF LABOR DAVIS BACON MINIMUM WAUES, COLORADO DATE 01-08-16
HIGHWAY CONSTRC:CTION,GENERAL DECISION NUMBER-CO160016
General Decision No.CO160016
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code Classification Basic Hourly Fringe Benefits Last
Rate Mod
POWER EQUIPMENT OPERATOR(con't):
Bobcat/Skid Loader
1078 Adams, Broomfield,Clear Creek, Elbert,Gilpin 15.37 4.28
1079 Arapahoe 18.23 4.28
1080 Jefferson 16.85 4.28
1081 Park 22.46 0.00
1082 Boom 22.67 8.72
[3room/Sweeper
]083 Adams, Broomtield,Clear Creek, Elbert,Gilpin,Park 22.70 8.07
108�4 Arapahoe 22.67 8.73
1085 Jefferson 22.18 8.36
Bulldozer
1086 Adams 25.20 6.72
��87 Arapahoe,Broomfield,Clear Creek, Elbert, 26.90 5.59
Gil in,Jefferson,Park
1088 Concrete Pump 21.60 5.21
Crane
1089 Adams, Park 22_g? g.�2
1090 Jefferson 23.55 6.68
Dri❑
1091 Adams, Arapahoe,Broomfield,Clear Creek,Elbert, 20.48 4.71
Gil in, Park
1092 Jefferson 20.65 5.74
1093 Forklift L591 4.68
-�-
U.S. DEPT.OF LABOR DAV1S BACON MR�IIMUM WAGES,COLORADO DATE 01-08-16
HIGIIWAY CONSTRUCTION,GENERAL DECIS[ON NUMBER-CO160016
General Decision No.CO 160016
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code ClassiCcation Basic Hourly Fringe Benefits Last
Rate Mod
POWER EQUIPMENT OPERATOR(con't):
GraderBlade
1094 Adams 23.94 8.23
1095 Arapahoe 22,6� g_72
1096 Broomfield, Clear Creek, Elbert,Gilpin, Park 23.90 7.93
1097 Jefferson 23.28 7.73
1098 Guardrail/Post Driver 16.07 4.41
Loader(Front End)
1099 Adams 23.09 8.72
1100 Arapahoe 26.80 4.84
1101 Broomfield,Clear Creek, Elbert,Gilpin 23.20 833
1102 Jefferson 23.06 7.76
1103 Park 22.67 8.72
Mechanic
1104 Adams 22,g2 g.72
1105 Arapahoe, Broomfield,Clear Creek,F,lbert,Gilpin,Park 24.04 7.35
1106 Jefferson 23.56 8.72
Oiler
1107 Adams,Jefferson 21.97 8.72
1108 Arapahoe,Broomfield, Clear Creek, Elbert,Gilpin,Park 23.73 8.41
Roller/Compactor(Dirt and Grade Compaction)
1109 Adams 16.70 3.30
I 110 Arapahoe, Broomfield,Clear Creek, Elbert,Gilpin,Jefferson 20.30 5.51
1111 Park 16.52 3.13
1112 Rotomill 16.22 4.41
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EXHIBIT
Rose Everett �
From: Dylan Stracker <dylan@Imenterprisesinc.com>
Sent: Wednesday, December 30, 2015 4�13 PM
To: bids
C�: 'Marissa'
Subject: TRM Instaflation for EM-BR27.5-48A (Two Rivers Parkway) BID SUBMITTAL
Attachments: TRM Installation for EM-BR27.5-48A (Two Rivers Parkway).pdf
Importance: High
Please see attached bid proposal for the above named project from L&M ENTERPRISES, INC.
1 hereby waive my right to a sealed bid.
L&M Enterprises, Inc,
Dylan Stracker
Phone: 970.532.3706
Fax: 970.532.5814
E-Mail: �ivlan�u?Imenterpri�esinr.c�rn
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NOTE: The following are items of work to be completed by Weld Guunty:
• Mate�ials Quality Acceptance Testrng
• Construcfion lnspection
RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Orawings,
Specifications and other Contract Documents.
Addendurn No. Y Date: ���z 3` (� By: J✓S
Addendum No. � Date: �e2„�3�f�� By: ��
Bidder agrees to perform all Work described in the Contr�ct 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, insfalled or
constructed.
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the
Request for Bid for Request No. #61500196.
2. 7he quotaCions set forth herein are exclusive of any federal excise taxes and all other state and local faxes.
3. He or she is authorized to bind the below-named bidder for the arnount shown on the accompanying
proposal sheets.
4. The slgned bid submitted, all of the documents of the Request for Bid contained herein (including, but not
limited to, product specifications and scope of services), and the formal acceptanee of the bid by Weld
County, together constitutes a contract,with the contract date being the date of formal acceptance of the bid
by Wefd County.
5. NJeld County reserves the right to reject any and all bids, to waive any informality in fhe bids, and to accept
the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County.
The bi�(s)m�y b1e awarded to more than one vendor. �1 l_�
FIRM � i�-� �r� GP�'��3�LBY_ ,S�US7vs �C DO
(Please print)
BUSINESS
ADDRESS__��� � ��74 � DATE�2. �� I�
CITY, STATE, ZIP CODE ��+"�� C....d �C���''.
7ELEPH0NEN0q7(����a•37��'j FAXQ7f).�3�•'rJ�J4TAXID#��� ��o��",
51GNATURE
E-MAIL � � tN1
WELD COUNTY IS EXEMPT FROM COLORADO SALE5 TAXES. THE CER7IFICATE OF EXEMPTION
NUMBER IS#98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 - 10.
Pa�e� 13
81D BOND
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-d8A(TWO RIVERS PARKWAY}
KNOIN ALL h�EN 9Y THESE F'RF_SEVTS tha� L&�'1 En'.erJ�rise�, Ii.c, �s
PrinCipal, and �rascicr�Casualry and Surcti Compan}'oPAmrrica �s SUrely, are
hPr�by held ar,d�i�miy bound unto Weld County, Colorado(hereinafter called the"Owner")in the penai sum af
--:�,e percent o �cl amount-- pollars(S -- �"la-- ), la',�vful rnoney of the United
S�ates oi Arnerica, for the payment of which sum well ard lnily to be made, we bind ourselves, our helrs,
executors, adrninls'rators, sur�essors and assigns,jointly and severally, Frmly to these presents.
THE CQNDIT(C�N OF THIS O�LIGATfON IS SUCH, ihat whereas the Principal h.as subrnitted the
accompany'ng Bid dated n�ce�7y cr,il , 2015 for t'�e TRM IN5TALLATION FOR EM-BR 27.5-48A
(7WO RIVERS PARKWAY), as set out in ihe accnmpanying Bid.
WHEREAS, the Owner has required as a condilion f'or receiving saici Bid that the princfp�l deposit with the Uwner
ei�her a certified check equivalent to rot fess than five percent (5°�0) of the amour,l of said Bid or in lieu thereof
furnish a B�d 8ond for said arnounf conditione� such thal in Ihe evenl o(failure [o execute the proposed Contract
fvr such construction if ihe Contract is ro be awarded lo him, that said sum be paid 'immcdiately to the Owner as
liquidated damages and not as a penalty for the pr,rcipal's failure to perform.
NOW 7HEREFORE, if the pnncipal shall, within the period specified iherefore:
A On Ihe attached prescribed forms presented to him for signature, enter intc a written Contract with Ihe
Owner ir� accor�a��ce wilh Iiis Bid as accepted, and give a Performance Bond with good and sufficient
sureties, as may be required �pon the forms prescribed�y;he Owner for the faithiul performance and the
proper fulfilfrnent of said Contracf, or
B Withdraw said Bid�vithin the cime specified, or
G P�y to the Owr�er Ihe sum determined upon herein as liquida[ed damages, dnd nct as a pe.nalty, thAn this
obligation shall be void and of no effect, olherwise t�remain in full force and effect
IN WITNESS WHEREOF, the above parties have executed th�s instr�menl under their several sea�s fhis
_ _ �1�;� day of I�ec;�nber , 2015 the name and
cprpor�ie seal of each corporate party being hereto afflxed arid U�,ese pr2sents duly signed by its undersigne�!
representative pursuant to authonhr of wt erning b - 4.
Prinapal L c��I Eutzrprises, [r . ___m__.=�
Address '.35 I: Hi�l�way 5ti, P C)I;ox S�V,I3ertli id 'C)8O�13
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C�ump,�n�. Si P�tul �Alrrcin�v li:�.ir.sn��r ('ninpan)� l��'.ncL_r� (az�.iali_p �in�l �iircfy Comuam�.�i r.rct�l�tis C,�.utilt� ��nd Su�c!)' C,�mp.�tty ol r1u'.cr�<<i.;u n Uiuled SIUfC�
l�iJelit�. .,nJ t=luarauh ('t��npon� an� �:orprn.inoit, �lul� ��rL�initerf undcr fhc la,�:•. u(d;e �C�tr nl Cunn�cti;�u. ihal I'idaliiv.m.i Gu��r3nt�: l��sui:inrc Cum�iuny is a
corpur,io��i l��h; ��ro,u���t��J unUrr�h�Id•.eti ol I-m 543te uf I���.�.�.�r��l�h_i� Fiil�lin an�i(.�uai>nu� :nsurrmc�� 1�nJcn��ri[cr..in� ,is a cor����uiion�luh urLani���l;indc�'[lic.
�re�.�H li��.r.til.ilc rf V�'i��nn�i;� r�r:i.i c��ll�'�liccl)�� �I.xl!I��i'�('��in��..nic�.�i.aud'.hat lhr C�umpnnit�,tf<<lirrch,�ni.i�e cursliiulc uinl:ipp�iiu[
� S�c�cn I. I\�inc. lii�an K. Fir�niiin,�. Krnc��\-1��R��'ixJils. K;n'ulr I'ricr�.;inil Uu�linS,i�l���c`ki
�
ut Ihu (��c�rl �.����Itlilll ��f�IUl;ulu
_....__ _. _ ___ __.______ .__,__._.Stzi�e at ihrir nur an<7 luulul rlttorr�e�(si in-Fa�t.
earh iu;hcu •c��,u�.ur cup�a�.:i���it rnurt rhnu :nc�;:1a�n�•�I ah,n...i�i;i��n..<<�..u� .�al ii��J.tcki m I�•d,_�•;�nv:utd all bund..r�r�r,n�t:uiic>.�ondui�,nal undrn ikinqs:ind
nthiY«�r�liu„� �I�lieailurc in ihr nturee Inen•„1 un b��h�ilt nl ilte Cu,>>p;un�',, in �hcir nu,inec,r' euair.o7<<.�w�thr fi�t�luc�,( pecsum._,uur:inl�•e�n� 11'�pu�l rnr�me:ut
:�mtri�i,ancl��x��ui�i-, nr;nar;initcin�h��ndti anJ uitJcrtakin�"r�ynir�.:d��r�icnniitcr�in aiy� �ctiuns ur proci�edin<*;�i�lrnccu b; I:i��-.
3
a ?ilh
fV 1�'1'I'VI';titi�A'Hl�,fiEUl' ilic Cmn��anit h�.��,�ruu•,c��J ihi<insU�iunrnt C,bc;igiicd nnJ iitic�r�'uc��nr��tc sc�ik!��b:,�crttn.�Iticrd.dti..
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i
� I�armin�;ton(�usu�dt� ('ompan}� tiL P�iul �Icrcury lusin;uece('ump:w}'
a Nidrlit��:�nd Gnar�nt��In.�m�ancc Cumpnnr� Iti���derc Casualtl'and tiurct)'l�ompany
f
j Fidelif� and Gua�rxnh lncin•oiuce Linder�tirilers,Inc. fra��eicrs C:isualty anJ tiurut}�Comp+wl�nF:�merica
� tit.P:�ul I�ire und\{,�rinc Insur;incr Compauy l'nitud St:itcs fidclily,ind Gu.u-uiitp Corupany
SI.k'Aul(�uardiun L�surancc('umpan�
4
3
' �.6v��r �,yYp"'Y ' '`^ \M;ns .�w0 r'ti.a s. tY
t o�,,r^�"��+ t3', ��:c 40 �� �°a . �1\ •�"� '� /J�'"{tw �� 'Nb�
3' 6 i�,197'7 acuvaaurm �co 9K„�,� Y�P041�,f,\ � : //' f
E l �a e� o �� �:�. �`i E . �'� �. _ . i " Ha�rtF0aD : �{�ana�n.�� � 898
's �`��ct��° '-'A� 1�� �95f .r��� .�aSr..A4A«an � SEJLL;� coran ,'e �\� t � �
# tir`'...r �4�"ir� �ii"'-"?�� .�'' ,�� 'M1�� A!N
� ` �
r��(j•�nGF6���
Si it� i t_,�un«u���i �;`-
G���!a'_ . .. . _
- — --_._.�
(��[�ol 11��.�l�uli� -,- li�b_i�L.IZ,i i��} etluN1 . c,id�_n�
On Ihu!hc �l_.._------�lay i�, _.___..,_-------____�._ .__ . bcCun•n�r pertional�p dpp�.ireii Ri�hcrt I. Itune�: �tho,�rkui�wlCder�l fum;cll lo
th Jun� Ui�
b��I'�r�cnior'��i�t.orc�.i;lcnl�.�I l��.irmntclun�'�,nuall� C��u?ipdu�� Pulrlil��:intl l_luar:�nl) In.���rane�C':��m�iunr'.I^�Jrlilr�in�'Gu:�rinic fnriirancc Un�l�ti�o-ril�'r�.Ine..Si f�':iul
l�n��.�nJ :Vorine [n.nilincc(��ir,��i nrr.tit Yaul G�.orli.in liu,ur,u�c��(�on�p,mt�.5L f':nil�b�l�rcui� Inaurnnrc Cbrnpan� "G�.i�clrr.�'�isuelic;.ind Surct.d C'ompunp Tr�vcicr�
Cacuali} anJ Sin�et� C'uro.p:m����f \�n�nc:�.,�nd Cnitcd Sinie�� f�delil� :in�l Gnaran�, Cuinpunt�,und U�d� I.e.:�.�.ur?i.bciiic:wlhon�eP�,u[o il❑ �:eecuieil thr Iuregoin��
in.�iuni�_ni I�n �.hc pw�i�r.:��ihe�c'n;��nt.�incd hc si��nin�,��n hrh;dl o�ihc� �ipiv�i�i�,n,h�,�hi�r�rlf.is.i�lir ��_nlu�rir�i,�i��rc:�.
�
� p.TR'T .
, lu�tilnrss 1\lu��•nl.� � :nm i i.�. h.in I n��,•�II���,.�I �,;.�i � �� ��(/� l. ����
�° 'il � ,rinr, i c•.In. �,, }u�r .i� ��i ii�i �'� * ' vOlV0 '� � i .- . 'i�ii u, �_:nu. I ,.,: .... .
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� �s
58a,10.g-12 Fri��ed ��n U-S A
6��� bVAafd1M�3.TNIS POUJER OF ATTOR�+lE`!IS INVAUU WITHOUT THE P,ED BORDER
WSTRUCTIONS
The full firm name and residence of each indrvidual party to the bond musi be inserted in the first paragraph.
If the principal is a partnership, the full name of all partners musi be inserted in the first paragraph which must
recite that they are partners composing the partnership(to be namedl, 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 o�cer.
Pvwer 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 stip�lations
protecting the Owner are not in any way reduced by use of such standard printed bond form.
Page � 15
�•x��� W�9 Request for Taxpayer Giva Fortn to fha
°``"'""�„"�20"1 Identi�cation Number and Certif(catlon Rq�61er.Do not
t�.,�,�r_ni„i il.•I,vwr` xnd io tlle IHS.
lidce�w Ro�;cnu�,Sa.tix:o
h�A/fb(�d5+11M'Jfl rifi V'��I!i{y,(mu IA%It!�I�f1�
ti4h M IYt�b./�k ..._�._._. -... . ._ .._ __.,.�_ ...m...... _,.____ _.�.._ . .—__ ._`___._
� ."_"_—____,._
r r{n�l�N t nr..it pfl.r.rn1 btq Nb w,t.
" !�.�'l�l -�n�er�v��°s �-,��... �
� ., _ __ _.____ __ _ _- --
n f�.:L.k awuvrielr.bcx I��I.,dn.d Ia;.��•yJ/�da..�fi..x� �L+.cn�6 m-;suc imnt�<iioi�Y):
m � .., �_�InAnWuiUx�lepayrrcl�x C] ' -o�p�X�aU<u� I�Sr,nryrr.i6rn I�' 1'.vtn�v4up 'i ' Tui.h�.<a10 I
yp. j�vom[N�sly^�'r.nAn(il�mV)
�U I I, I.�iiilnilL'nI�L!y�:��ii�ri�N F�ilrvilu�Ina�1;��,wfi�Hbiwi�Y�_(;<:�x�M�rnluy�,5-9�xini�nHh�ni.l'-��:uliiri.wln��l► ��♦y,�mpl�nifr�ml�llt;�rx�alrcy�. ..
C� � I nli'(11�i1Vl
� 1 ; 11�{1�:1(5�`t'111'lil!Kli(M1��/
U •
'a ��u�#��i�1.ainl.ipi.a 4ule nn 1 �1lcquiw(oi�s n,nuc anJ���1dl��s iWlxzuO
S
� �X \/\7
tu� ('��
m a k� U ��l r ._-----._._.__ .....,.__.
._ ._. __._. _.._......_._.._..._.� .. . ._..�_ ,_ .� .. ._. .�....._ _ .�._. .._.._.._...... _
� ��i r.i ud�am�l sfv!t���n f�Kdi�r�4i0
�
• _ Tax�a�rer clontHication umber �
___.___ __. __.._�___�m_____,. __,r._____�______�___._ _--
Enter ywr 71N In�ha approprlale box.lTie TiN prohdaU musl match the nama given on the"Nama"lino �Eod,l�•owfry nun,M. .�
to avdd backup�vithholtllnp.Fw IndiWduals this is your social securpy numbet iS5N).Howev9r,f w a �"-T� T" �1�_'—"r"j _i"'i'TT�
residant aUen,sde propdelot,a dsregarded enlfty,see the PaA I insiructions m page 3 For o�har � � � I � �
entilies,�Is your em�loyer fdentillcafion numner IEIN) N you do not hare a ntm�ber,stie Flo�u lo ge7 a 1- . f .. i___� _..
i7N m pago 3.
Noto.q the accourn is�n more than o�e name,sse!ha chan on page 4 lot guidalines on whose I Employer rd�mNfwim nunWr ��..
number to entsr *
Certi/icatbn I�I� � ����
--- --- --- ----_ ___ __....__ . ._.. ._. _ _. ._ �_. __.
undar penaltias ot parjury,I certiy thor
� Tne rn�mber snown on tnis torm is my correct laxpayer iCe�trflcat�m rx�mbar(or I am wmnnq�or a wmber�o Da issuetl ro me}.ana
2 I am rrot su4�e�;t lo DecAup wilhhdd�nq�eCause:(aJ I am examD�fr��arfcup withhold�nq.or(D)I have nd Daen nohliad by ihe Intemal Revenue
Sarnco QRS)that I am suAJeci 10 back�p�,vRhholding as a resull of a ladiaA to ropoA a0 intaresl or di��dend;.nr I.CI ihe IRS hac notifie0 me tn�t I am
rx lonqer Sub�eCt lo backup withhdding,anr]
3 I om e U.S c�tizon or o�her U.S,p�roon(Usfined belowE,w�U
J.Ttie FRiGA code(a)enlered pn Ihia lam p1 eny)mdcalinfl�hel I am axempt Irom FATCA roprrt�nq is CQltlrl
Certilicatiai lnat�uctlons.YUu rnust cwss oul Itern?aDove it you`iavy baen notihed Cy t��e iR5 that you aze currently sibject to hackup wdhhot�J�np
because yw hrve latl�d ta r�pat all Irnorasl and UivlUands on yoir tax retum.For rera���stale trynsectlais,itwn 2 Uoes noi apply For mal;�epo
�nterest paid.ar,ckna�lion Or abanclaxnnnt of aecured prot�erW,cancdl wn of debl,cantnbulions lo an indl�AJual retirement arrenqemanl(IRA},end
gonorauy,p�ymoros uthw ihan uitarast and KWnr}y,you aro nol r vatl lv 4ign thc carid�Cabon,bul you muat prowde yow corrocl iM Sa�tha
inslrucliais on pape 3-
Si9� . ' s�o�.a..o, � �7-(,c��/��
H81'A � U.S.p�non► �.-,:,;f Dar►
V�ne�a� �n$ Citl�ns� �.,dhh�l:lxH�Iqz a�I�n.�qn��eiln�ry�.�hnn,��I�:H���:I�.vJV�x.r»d�«linra�nn,n+wf
b.e�lN.wi i�.lpnv�aw a��in Il�ekd�nud Hr. � 4.t:urld7•Ns�t FAfCA�:�nfn�r,J raloi��d�nr Ilini I�.m(A nnYl in�i�nlmq Ilvi vaai�.rn�
eliiiu I.:��ly iMdi�.�ullht•rxw�iVl��l �n,-.n�E�l nnn ihr fl11�:A i�r�rrhii��.�..�.n�r��y
Futw'�bvalopuwntv Iho IH5 hur qeaU;d o W(h�ui Rib.qnv Iq oduimah<Hi NoU.II y�.ai a�«a U.5.prrx.Hi nnd e�eupi�nl�r���,��:yiKi.�i�•�n uUi.•�u�,n�Fnm
:.L�.n h��n�W�.,il ww�r:a�n,�;r��.J.li�lwn�.ilu�i��I.rit niry I�il�u�:�Iiv./��Nn�v�h W U t.�r.>�u�ol v�x.�IN.Y�.i�nix�l�.w.tl��•,.:��i.�yl�a-s I�+rn�il�I�x.��Ar.l,u�li�lly
�Ilxlnp I�rm W V f5uMi;in ro��til�iti<n�riacictl�itlsv wo udrarcr df vnll br�xwl�vl simiEu In Ilnv f�nm W;!
��i Iluil���1����. .
GLAnIIIwI OI o V.3,p�790ri I'�M ICJ�a,J Idz u�����i'+;�,.Yu,.u��:ara�lr.ivil u U.5.
Purpoae of Form v�+���,�i v��,�.�,
A i�r�ivMi r.lni�v i�����r���l iii 11„yii iiil�viiiwi�ia�i��li�i�;�:i�li tlw��f1S riiinl�0.ilwn��y��rt •AnmAvkll��l vA�c�i�;a I.IS uinFn�r I r.5��ciMnl.iln•n,
.� r�:l I.�yrnl'ci i�i„iilifi�:nGe�i iu�n��w(711J�1��i�7�,�H1,f�n„Mainpin,n��'n>mn�„�i�)I�i •A y:alfwrdq�.�wy�xs+Wir�.�;�u����niiy.ir ae+�wi;�ri��i,;�,�u1.�J�w�r:i:uxr»J��r I�i<�
pai.poVm�vds maAc lo yoti n actUnncvil nl�ymcrp cw�d xnA�InA piaP�nc�•;ak I lndnd Slatu�a uvl��Nr�Irnvs nl Ih�+I lnlnl Rl�elrs.,
b:n�;acliorv:.ieal eslalr 1�ans�elium.in�nt9a»e inkvswl Ya�ih+id�ae4u�hai�w .An rr:tale(olha Ihen n lo�ain�evl«b.),w
�.L�wxJcrii �ril.:.I si uu�:�J�.�yx.ily.�,xii�:�+ll'.�Ir.��<�!ilulil.�v ,irNrilxilu,in yrqi nwJ�. _n
In wi PlA�� •P�danasUc Iru 1 jax dnhne�l�n Re�aulaUn�u socli<Y�J��I/7U I
U::,,i n�N'i��ily n y�,nn�:n�18 �e�.�a�p��rA�Aw.�.i�rh�dr.,J nlu,ni ��� SPoraal rvb�for DSMersAlp�.Paiin��rlr�.Ihcd pnd�w�a U=n1a�.�txnune:.�n
pi.r�i�3�r�{fxu c�M�,�c1 I IN I�i Ilw Ueruri�reryi�rs�ir�7�(Ihe�o��ueelrrl'er�A��•.�wn �Iw.llinl.��l FI�I��nir��,�r,n�.rrlly���.��ur,��1��.�iry a�:.�IIJi���lii��twK�iniL�i�..e�:fi���
:�ppUcd�lo lo� Iq.l6�a�niy hKm�In�,rt�i.,i.'.,Iw��.�;i r.�lachvMr•:uuiM.imi Iwnnh4.uro�..nr h�in
I i:r�W•Il�ei Ih�.I�IrJ�vu.ur�rv�n�� e���;h bue.ux.sa.I iu Ilw.in�:vrlan t.uru��:rhrxa a I um 14 9 hrm rol Uant tee M��ewt.
5 r J !w��,�u�,:t{u yrt�nio,�niuny I�H n nuu��v Ilie wlys Und���.se<Irrw�Iq fli uv�utto a Pa�ln�rhip InPrnvmle Ihal.�p,nlnn��5 n
lu l��v.•n�c.l�. haniqn Irnv��i.nrMl pn1'Iho wnA�ui I4.k5 C:rtI�IM�AI111L1 InX TIIiYnItM�:.II y�61�Ilc i
2.i.4ihfy Ihal Wni�ai�-uu1;i�l�?.:t luba�:Ki�onllfiddny.�r l I F.�m �x�d�vl ie e�wiuun�nr�urt�pnalup ia�wliuiia��n Ir�J�•�x binu.rxv�n i6�:
rx
J.CW�m:xan Nic,��han bock�iN�ailhhokim I Yar�u� U.6.oX�.in I l Inded Slnk�,prw�A0 I am N O lo Ihr pnrlrw.yshy lo n,sl;�;luh Yax�1.5.slnllu
1 t!� u V WY�'�.II .�J evunl eecbui 1.141;;:ilhhddu n uu�.hav�.ol
,��phcabL�,�ai�n.,dx���-rd�iyuwi tlixl�r H 11.8�n.rwn�,y�ru nikK;nlA�alinn;�,� hl�+ v onrtroi,.hW mr,;Hne.
�i�y��nilierdu�i�i�:�sr���•n��ii H I1 H liw�li:�x lii�v�wv�u ii��l udil���:l I�illi„
c��N�� ��tia�x r,.,,�W-G 6t�:v a�oisi
�6
5TATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS
DATE OF TNIS STATEMENT: ���3a���j(�
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 expiain or dePend 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 thss 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 fhe work described in the
Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the
County Tne County reserves the right to waive informalities and/or irregularities and to reject any or all bids.
1. Name of Bidder I
(Company or Firm): L�� ������j j jn(� '
2 Permanent main office address: ��3S �. (�wv '�a�o
P�c}fi�c�d �� f�o�t-�
Phone Number. Q7(�. �3",Z.�'�Q�j
Fax Number: '!'—`{ b. 5�2� 5 I
3. Year Company was organized: t4"(S
4. Number of years this Company has been engaged similar construct�on: y(�
Under what firm, company or irade names has this company been engaged in this type of construction,
how long under each n me and how long has each company been bonding work?
W�!1 S<'S,-�Kc — �(l) V r�✓S
5. List al(projects that the Company has under contract at the present time. Show the contract amount and
the anticipated date of compleiion for each:
�vutf� Bo..\�.tr �� $ �5�, ��.°1. W° � j4 �l(�
Sco�r t� $ �R I.�D. ?�5, �7 l�� ►
$
6. List all contracts which were not completed by the contracted and completion date. Include ihe project
descriptio and state the number of days beyond the contract completion date.
N�ta
7. List all co tracts within the last 3 years for which liquidated damages were assessed or may be assessed.
- N 7A
8. List all contracts within the last 3 years during which or after which the Company filed a protest with the
owner.
1`�l�
Page� l7
9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors
or suppliers filed a verrfied statement of claim with the owner or failed to provide the Company with a lien
waiver upon request.
___.._� /l4
10. Has any owner, as party to any of the Company's contracts within the last 3 years, contacted the
Company's bondrng company concerning late completiort of the project, paor performance on the project,
etc., or attempted to have the perfo�rnance bond invoked? If yes, explain in detail.
�l�
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.
N��
13. List all or a maximum of three (3) of the most recent projeci, 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 arr�ount for each project.
ProjectName- �� �}
Location: I.ov�e� + �p Supt � -
Owner's Representative: DaV� � ta«1tna�,WOf'� Pho e:_,��. G�►, ���
Completion Date: �1iv. 001��o1'S � ContractAmount:� ��q��do . `�
Project Name: - Q.5 i� —
Location: � Supt: aC c�y
Owner's Representative: ' �r, Pho e: 9 D .
Completion Date: .��r ~" Contract Amount:_�, 334. K3
-------_ __ Page � 18
Projeck Name: a� y � �
Location: vn 5upt:
Owner's Representative: Pho 470. (e5�, �srz
Completion Date: �"e�. �o t� Contract Amount: �Sr-1�� ��'5, IL
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 FOF2 AWARD SHALL
FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF
QUALIFICATIDNS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM 15% OR
MORE OF THE WORK,
SUBCONTRACTOR
WORK
DESCRIPTI0N
%OF WORK
��P�c�'1( ~��1 -.�S ������L.. 7'/a
�r�-n��y _su��/�,� a "�o
�Y M'T11• �Yi�PD5'�Ft'� __��fl tt�.t�� �=.1_.�_
15. List the principal members of the company who will be involved with this project, including the
superintendent, foreman, project manager, etc.
NAME TITLE YRS. EXP
�__ .l(�S�-� �CbO �'GS![�Gl�� ��
i..�V►�C, __� Y1ir+a4 GG- _j�
�W S�Gv �'L�IGYILL.I�Z �Y?-VwtJ.�n --I E�
16 List all lawsuits previously filed against or currently pending against you, the Company or any ofiir,ers of
the Company.
J�.��
Page� 19
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 tu furnrsh any
information requested by the County of Weld in verification oi the recitals comprising this Statement of
Qualificaticns and Subcontractors.
Dated this ��� day of 1:���,YYt� ,2015.
Bidder:l_--�i `� vI� `(�--�•.� �:C___,
Company
By: .�.___.�
Signatur
Name: �.S�S O
(Please Type)
Title: r`"�� -"--SL�9�--�
NOTARY � t
County of �1� �J�' )
SS.
State of �'L�r_r77�[�G� _)
��,S i-t-�t--�-JV being duly sworn,
deposes and says that he is �Y�'��'1 U'�, 1�� of
Y ',, L (Title)
��"�� t'_r t�� 7�� Q�j ��, and that the answers to the foregoing questions and all
(Compa y Name) �—
statements therein contained are true and correct. Subscribed and swom before me this .�n day of,��Y�ey"'
, 2015.
DONNA BRApS AH W
E OTARY PUBt,iC
��5� E OF COLORADp
NOTARY ID 2010;035980
C0MM�SSI0N EXPIRES JAN.08,2019
��-�5- a o� � � ti � �- - _
Commission Expires `
Notary Public
Page � 20
Bond Number: 106322618
PERFORMANCE BOND
(PAGE 1 �F 2)
PROJECT:TRM INSTAI.LATION FOR EM-BR 2T 5-48A(TWO RIVERS PARKWAYI
i
KN�W ALl.MEN BY THE PRESENTS;that L &M Enterprises Inc.
(Name of Contractor)
735 E. Highway 56, Berthoud, CO 80513
(Address of Contractor}
Corporation � , hereinafter
called Contractor, and a(Corporation,Partnership,or Individual)
Travelers Casualty and Surety Company of America
(Name of Surety)
One Tower Square, Hartford, CT 06183
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld Countv Colorado
(Name of Owner)
P.Q._Box 758. 111'I H Street Greelev Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of �Hundred Thirty•six Thousand Two Hundred Ninery•thr p0118fS!1($�36,293 33)
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 TH IS OBLIGATION is such that whereas,the Contractor entered into a
certain Contract with the Owner, dated the 25th day of_JanUary, 2016 a copy of which is
hereto attached and made a part hereof for the construction of:
PROJECT:TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAYj
described in the invitation for Bids, Bid No. 61500196.
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 terrn
thereof, and any extensions thereof which may be granted by the Qwner, 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 al1 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
SP-56
Bond Number: 106322618
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.
SP-57
, Bond Number: 106322618
PERFORMANCE BOND
(PAGE 2 OF 2)
PROJECt:TRM INS?ALLATION FOR EM-BR 27 5-48A ITWO RIVERS PARKWAY)
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.
IN WITNESS WHEREOF,this instrument is executed in two (2)counterparts, each one of which shall be
deemed an
original,this 28th day of January, 2016 ,��
L&M Enterprises Inc.
�,:
Con cto
: � BY
{Contractor) ecretary "
(SEAL)
735 E. Highway 56, Berthoud, CO 80513
(Witness as to Contractor)
(Address)
{Address)
Travelers Casualty and Surety Company
Of America
ATTEST:
(Surety)Secretary
(SEAL)
.'����/ �---- ey
itness as ta surety Karole ters
Ewing-Leavitt Insurance Agency Attorney-in-Fact
4025 St. Cloud Drive,Suite 100, Loveland, CO g0538 One Tower Square, Hattford, CT 06183
(Address) �
(Address)
NOTE: Date of Bond must not be prror to date of Contract. If Contractor is Partnership, all partners
should execute Bond.
SP-5$
IMPORTANT: Surety companies executing Bonds must appear on the Treasury DepartmenYs most
current list (Circular 570 as amended) and be authorized to transact business in the State where the
Project is located.
SP-59
WARNING:THIS POWEA OF A7TOANEY IS INVALID WITHOUT THE REO BORDER
POWER OF ATTORNEY
TRAVELERSFarmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company 'h�avelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. 1Yavelers Casualty and Surety Company oFAmerica
St.Paul Fire and Marine Insurance Company United States Fidelily and Guaranty Company
St.Yaul(Guardian Insurance Company
AttnrneyIn Fact No. 22��5�� �erh��ate No. 0 0 6 4 6 4 5 2 8
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casuatty Company,St.Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance
Company,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity and Guaranty Company are corporations duly organized under the laws of tbe State of Connecticut,that Fidelity and Guaranty Insurance Company is a
coiporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a cotporation duly organized under the
laws of the State of Wisconsin(herein collec[ively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Stcvcn J.Ewing.F3ryan K. Rrcnning.Itcncc Mcltcynolds. K�irulc Nctcrs,and buslin SaJowski
of the City of Lovcland ,State of Colorado ,their true and lawful Attome s-m-Fact,
Y�) �
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings aJlowed by law.
IN WI'CNESS WFIFREOF,Ihc Cotnpanies have caused this instrument to be signed and their corporate sea]s to be hereto affixed,this 2nd
day of�_O�luhcr 2015 --
Farmington Cesualty Company St.Paul Mercury Insurance Company
Fidellty and Guaranty Insurunce Company Travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
Sl.Paul Ftire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
r���r.rso���,�j� 0�111Y '���Kt��' O��w..1yS49 ,PY.1NSyq's `,��r aqa �� �y�
vg �tIFO ♦ t�'fp�raMa�.s7n �;' '�.c+ J' �s �
x t9l26o �� �9� � �i r. W:ce°��r�rt.� 9 ��� '�'��aowu
bi � i: � MARTFORD� � •c
y"���s �' i95i � ;tsenL,rc^ "gBJlLi.i g cora�. g �"�+•J• S� ��e �
bYY� >a � N� ^4a.;,�t"°Y `o?........•�a'� o`...,.»-�'�° � a�e �,,,Y�� �j
. l�SM y,N t? � la` e .r � • � �'1 A111�
State of Connecticut gy; � �—
City of Har[ford ss. Roberc L Raney,.cnior4 Vice President
On this the_?°J da of October 2015
__ Y ,before me personally appeared Robert L.Raney,who acknowledged himself to
be the Senior Vice President of Farmington Casualry Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaraniy Insurance Underwriters,lnc.,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for ihe pu�oses therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
a,.TEr
/� �
In Witness Whereof,I hereunto set my hand and o�cial seal. � � l: • ���n�
My Commission expires the 30th day of June,2016. * p�ttip * � u\�4��.Tetreault.Notary Public�
�'�'
58440-&12 Printed in U.S.A. �
WARNING:THIS PDWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER
Bond Number: 106322618
LABOR 8 MATERIALS PAYMENT BOND
(PAGE 1 OF 2)
PROJECT:TRM INSTAL�ATION FOR EM•BR 27 5-48A(TWO RlVERS PARKWAYI
KNOW ALL MEN BY THE PRESENTS; that
L &M Enterprises Inc.
(Name of Contractor)
735 E. Highway 56, Berthoud, CO 80513
(Address of Contractor}
CorpOration ,hereinafter
called Contractor, and a(Corporation, Partnership,or Individual)
__ Travelers Casualty and Surety Company of America
(Name of Surety)
One Tower Square, Hartford, CT 06183
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld Countv Colorado
(Name of Owner)
P.O Box 75$ 1111 H Street Greelev Colorado 8O632
(Address of Owner)
hereinaher called Owner, in the penal sum of
One Hundred Thirty-six Thousand Two Hundred Ninety-three and 33l10 0
$ollars $136,293.33
in lawful money of the United States of America,for the payment of which sum well and truly to be made,
we bind ourselves,successors and assigns,jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a
certain Contract with the Owner, dated the 25th day of January 2016
a copy of which is hereto attached and made a part hereof for the construction of:
PROJECT:TRM INSTALLATION FOR EM-BR 27 5-d8A(TWO RIVER5 PARKWAY)
described in the Inwtation for Bids, Bid No. B1500196.
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
SP-60
Bond Number: 106322619
labor, performed in such Work whether by Subcontractor or ofherwise, 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 ta be
performed thereunder of the Specifications accompanying the same shall in any way affect ifs obligation
on this Bond, and it does hereby waive notsce of any such change, extension of time, alteration or
addition to the terms of the Coniract or to the Work or to the Specifications.
SP-61
Bond Number: 106322618
LABOR&MATERIALS PAYMENT BOIVD
(PAGE 2 OF 2)
PROJECT:TRM lNSTALLATION FOR�M•BR 27.5-48A(TWO RlVERS PARKWAY)
Pf2�VIDED, FUR7HER, that no final settlement behnreen the Owner and the Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatrsfied.
IN WITNESS WHEREOF, this instrument is executed in two(2)counterparts, each one of which shall be
deemed an original,
this 28th day of January, 2016 .
209 5.
L& M Enterprises Inc.
C ntra or
By
f (Contractor)Secretary
(SEAL)
735 E. Hiqhwav 56
(Witness as to Contractor) (Address)
_ Berthoud. CO 80513
(Address)
ATTEST:
(Surety)Secretary Surety:
Travelers Casualty and Surety Company of America
(SEAL)
Q �-�� B
�'ines�t6 rei y A orney-in-Fact Karole Peters
wing-�eav��'Ins�urance Agency
4025 St. Cloud Drive#100, Loveland, CO 80538 One Tower Square, Hartford, CT 06183
(Address) (Address)
NOTE: Date of 8ond must not be prior to date of Contract. If Contractar is Partnership, all partners
should execute Band.
SP-62
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.
SP-63
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT 7HE REU DOIiDER
TRAVELERS� ��'�'ER OF ATTORNEY
Farminglon Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Cumpany Travelers Casualty and Surety Company
Fide6ty and Guaranty Insurance Underwrilers,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States btidelity and Guaranty Company
St.Paul Guardian Insurance ComQany
Attorney-In Fact No. 22y577 �ert,f��te No. 0 0 6 4 6 4 5 2 9
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance
Company,St.Peul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and 5urery Company of America,and United States
Fidelity and Guazanty Company aze corporatiuns duly organized under the laws of the State of Connecticut,that Fidelity and Guazanty Insurance Company is a
corporation duly organized under the laws of the State of lowa,and tha[Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under ihe
laws of the State of Wisconsin(herein collectively called the"Companies"),and ihat the Companies do hereby make,constitute and appoint
Sicvcn J. Cwing.F3iy�m K. F3rcnnin�;.Itcncc Mcltcynolds.Karolc PGas.�in�I)ustin Saduwski
of the Cit of �'°�°�`�°� Colorado
Y —�____._.._ ,State of �__ ,their true and lawful Attomey(s)-in-Fact,
each in thcir separate capacity iF more than one is named above,to sign,exewte,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in theu business of guuanteeing the fidelity of persons,guaranteeing the performance of
contracts and exewting or guarantceing bonds and undertakings required or permitted in any actions or proceedings alJowed by law.
IN WITNF'.Sc W1iEREOF,the Com a have caused this instrument to be signed and their co�purate seals to be hereto affixed,this _. znd
L7clofi-i;r P �j�S
day of___._ ,
Farmington Casualty Company St.Peul Mercury Insurance Company
Ftidelity and Guaranty Insarance Company 'h�avelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity aod Guaranly Company
St.Paul Guardian Insurance Company
���sa,�r �„�c� `'w iM`� � �:v� .�.+e,o r
p d'�� r � r '4y e0,• 9 �P,�....... sd' • J�wor �'�'�b
* �r' a�= '�o J �.
~ 19l2 O � j f,0RC0R �, w:y�►OiyT n y�
� �n
�n _ �t � ,�.9�� ^C� � e� "' 1� t i� - ��: MAIRFORD. ��� ���
y6q4tc��a � � 1aa1 ^``a�i, � c° 3\SEALj;o" O�:,$81LL;:� � COla�l o �GON4 �Q! m �� 7
y• � .4..u<� d��:•�W�a `l',�..+'iF+ '�� �a`�e . v'6`' �AtNP'
State of Connecticut �y; �
City of HaRfotd ss. Robert L.Raney,.eniar Vice President
2nd (ktober 2015
On this the ____._T._,__day of , ,before me personally appeared Robert L.Raney,who acknowledged himself ro
be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranry Insurance Underwriters,Inc.,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surery Company,Travelers
Casualty and Surety Company uf America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the eorporations by himself as a duly authorized o�cer.
�p.TET� ______.. _.. _
In Witness Whereof,I hereunro set my hand and official seal. �fl Q�(J1+ t� . �
My Commission expires the 30th day of June,2016. ti} p�"c� '�r �Marie C.Tetreault,Notary Public
t'� ���
58440-8-12 Prinled in U.S_A.
WAfiNING:THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BOROER
CONTRACTOR/SUBCONTRACTOR CERTIFICATIONS
PROJECT: TRM fNSTAL.LATION FOR EM-BR 27 5-48A(TWO RIVERS PARKWAYI
Grantee must require that prospactive bidders complete and incorporate the following certifications as
part of their bid submittal package.
EQUAL EMPLOYMENT OPPQRTUNITY-EXECUTIVE ORDER 11246
SECTION 3&SEGREGATED FACILITIES CERTIFICATION
NON-COLLUSION AFFIDAVIT QF PRIME CONTRACTOR
SP-77
CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY
PROJECT: TRM INSTALLATION FOR EM-BR 27 5-48A(TWO RIVERS PARKWAY)
INSTRUCTIONS
This certification is requlred pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing
rules and regulations provide that any bidder or prospective contractor, or any of their proposed
subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has
participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so,
whether it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable
instructions, such bidder shall be required to submit a compliance report within seven calendar days after
bid opening. No contract shall be awarded unless such a report is submitted.
�'� T'`'�` � 1� {�v^L S�'� �'L L,
CE TIFICATION BY BIDDER
_ ��, �x t� �e���. � ��� �
NAME AND ADDRESS OF BIDDER(Include ZfP Code)
t. Bidder has participated in a previous contract or subcontractor subject to the Equal Opportunity
Claus�
Yes No
2. Compliance reports were required to be completed in connection with such contract or
subcontract.
✓ Yes No
3. Bidder as filled all compliance reports due under applicable instructions.
Yes No
4 Have you ever been or are you being considered for sanctian due to violation of Executive Order
11246, as amended.
Yes ./� No
NA E LE OF SIGNER eas type}
'�`--�� -----,� / Z � ,�.,
G A RE DAT
S P-78
CERTIFICATION OF CONTRACTOR REGARDING SECTION 3 AND SEGREGATED FACILITIES
PROJEGT: TRM INSTALLATION FOR EM-BR 27 5-48A(TWO RIVERS PARKWAY�
� f�\ �r''1�'�� � �1"�—�j�— �� -��� �
Name of Contractor or Sub- ontractor Project Name and Number
The undersigned hereby certifies that:
(a) Section 3 provisions are rncluded in the Contract if this is a Section 3 project.
(b) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of
1964.
„z-���1L�—�..� �a-�s t_�.
rrame and Title of Signer(Type of•Print)
�
<—y_ Z 3 o r,�
�
Signature Date
SP-79
NON-COLLUSION AFFiDAVIT OF PRIME BIDDER
PROJECT: TRM INSTALLATit�N FOF2 EM-BR 27 5-48A fTWO RIVERS PARKWAYI
State of_�� )
County of � ���}�✓ )ss.
k� A�r����� being first duly sworn, deposes and says that:
(1) Heis ���ii�„Q1��"' of
�„-�, �" ` '�V�. 1f.�Y��C,_.!'�`]�j`..�f , the Bidder that has submitted the
attached Bid;
(2) He is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affined, has in any way cofluded, conspired,
connived or agreed, directly or indirectly with another Bidder, firm or person to submit a collusive
or sham Bid in connection with tne Contract for which the attached Bid has been submitted or to
refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,
sought by agreement or collusion or communication or conference with any other Bidder, firm or
person to flx the price or prices in the attached Bid or of any other Bidder, or to fix an overhead,
profit or cost element of ihe Bid price of a�y other Bidder, or to secure through any collusion,
conspiracy, connivance or unlawful agreement any advantage against the (Locaf Public Agency)
or any person interested in the proposed Contract;and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its
agents, representatives, owners, employees, or parties in interest, inclu g is affined.
-- -'.._�
(Signed) -
Title �?
Subscribed and swom to me this
3 v day o _�����_, 2015
- , ``� DONNA BRADSHAW
�-1'��J NOTARY PUBLIC
Notary Public 5TATE OF COLORA00
� NOTARY ID 20104035960
My Commission expires: ��� �`)'-��[� �� C0MMIS510N EXPIRES JAN.Q5,2019
SP-8O
Section 3 Certifications
PROJECT: TRM INSTALLATION FOR EM-BR 27 5-4$A(TWC)RIVERS PARKWAY)
This section should be included in all Section 3 covered contracts. The CDBG Program wil! notify
those grantees who have Section 3 covered activities. Delete this section and the Section 3 forms
if not applicable.
THIS PROJECT IS IN WHOLE OR IN PART FEDERALLY FUNDED AND THE SUCCESSFUL BIDDER
WILL BE REQUIRED TO ADHERE TO SECTION 3 PROVISIONS
DOLA will monitor compliance with such provisions and standards for WeJd Countv. The successful
bidder will be required to complefe the following forms in order to comply. A brief explanation of the form
and when the form is to be submitted to DOLA is listed below. Should you have any questions concerning
Section 3 or the forms to be submitted, please feel free to contact the DOLA CDBG Program Coordinator.
SP-8l
'`�C� CERTIFICATE OF LIABILITY INSURANCE °�8�o'6"�
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: It the certificate holder is an ADDITIONAL IN5URED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and condfUons of the policy,certain policies may require an endorsement. A statement on this ceRificate does not confer rights to the
certificate holder(n lieu of such endorsement(s).
PROOUCER � C��OMeA�T Renee MCReynolds
Lfi�ring-Leavitt Inauraace Agency PMONE . (g7p)679-7344 aC No:�866144S.6180
4025 St. Cloud Dr. AD0R�E�:reaee-mcreynolde�leavitt.com
Sui t6 1�0 lNSURE S AFFORDIliG COVERAGE NAIC 11
Loveland CO 80538 INSURERA:C�IIC�IIA8t� Inauraace Co 10677
INSURED INSURERB:P�l311dCO1 Aseuranca 4119�
L & M EII[eTj�T18@8, IIIC. INSURERC:
735 B Highway 56 INSURERO:
P O BOX W INSURER E:
Serthoud CO 80513 INSURERF;
COVERAGES CERTIFICATE NUMBER:16-17 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTYVITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 1NHICH THIS
CERTIRCATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SFSOWN MAY MAVE BEEN REDl10ED BY PAID CLAfMS.
INSR TypE OF[NSURANCE ADD gR pOLfCV NUNBER ����pY EFF M�p EXP LIMITS
LTR
X COMMF.RCIAL GF.PIERAL LIABIUiY EACH OCCURRENCE $ 1,000,O40
A CWMS-MADE �X OCCUR PREMISES Ea acurrence E 500,000
X Slaaket �iO3 &iP0224698 1/1/2016 1/1/2017 MEp�p(q� o�p�q�) y 10,000
x Blanket Addl Iaeurede PERSONALBADVIWIfRY 3 1,000,000
GEN'LAGGREGATE LIMR APPLIES PER Additioaal Iaeurad Porm GENERAL AGGREGATE S �.000,000
pp��y�x fEa ��pC lncludes ongoiag and PRODUCTS-COMP/OPAGG E �.��0,000
OTHER: completed operatioae 3
AUTON081LE LIABILITY �8��� � � S 1,000�OOO
A 7C qNy q�p BODILY IN.{URY(Per pason) E
ALLOYYNED SCHEDUIED gNpOa]4898 1/1/2016 1/1/7017 BOOILYIWURY(Peraaident) S
AUTOS AUTOS
X HIRED AUTOS X AUTO��EO PROa��I E S
X BOcI WOS X &kt A401 In5uretl5 S
X UMBRELLA LIAB X pCCUR EACH OCCURF�NCE E 4,000 000
A EJ(CE55 UAB CWMS-MAOE AGGREGATE S 4,000 000
DED X RETENTION$ 0 �P0224898 1/1/2016 1/1/2017 s
WORKERS COMPENSATON iacl Slu�ke! Maiver X �p
AND EMPLOYERS'UA8ILITY
APlY PROPRIE70R/PARTNERIEXECUTIVE Y f N N rA oF Subrogation aadt E.L EACH ACCfDENT S 1,000,000
B Manda�n�liN EXCUIDED4 � ti18B429 1/1/2016 1/1/2017
( ry 1 E.LDISEASE-EAEMPlO S 1,000,000
Ny�desabe uMer
pESCRIPTION Of OPFFATIONS below E.L DISEASE•POUCY LIMR S 1 000 000
A Coatiactore' Bquipment BNn0224B9B 1/1/2016 1/1/2017 LeasedRtentedEquipment
585,000 Iaetallatioa Fltr S150,o00iurot $1000 deduct
D6SCRIPTION OF OPERATIONS/LOCATtON5!VEMICLES(ACORD 707.AddlUonsl Ramerka Sehedule,mey ba enached N more spaee Is raqulrad�
re: Project 8M-BR 27.5-48A TRM inatallation (Tao Rivers Parkway) . Weld Couaty, and the State of Colorado,
their subaidiaries, parent, asaociated and/or affiliated entitiea, aucceasora, or assigna, its elected
officiala, truateea, employees, agenta, and volunteare are named as additional inaured with resgact to
liability including completed operatione and on a primary/aoa-contributory basis. SVaivera of eubrogatioa
will agply to all liability policiea.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRfBED POLICfES BE CANCELLED BEFORE
W61C1 COtiSlty, COlOi'8d0 TNE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED IN
1150 O StreAt ACCORDANCE WITH THE POLICY PROVISIONS.
Greeley, CO 80631
nurr�or�o R�aesenramE
R McReynolds/RESTEI ��-
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
INSO25(2o�ao>>
� COMMENTS/REMARKS �
December 28, 2015
The following policy forms are hereby attached and made a part of this certificate of
insurance:
r
General Liability --
GA 233 (05/11) Blanket Waiver of Subrogation
GA 233 (05/11) Automatic Addl Insureds including completed operations
and conformance to written contract
Auto --
AA 4171 (11/05) Blanket Additional Insured by Contract
AA 4172 (09/09) Blanket Waiver of Subrogation
AA 4174 (11/OS) Primary/Non-Contributory wording included
WC 359-B Blanket Waiver of Subrogation
OFREMARK COPYRIGHT 2000, AMS SERVICES INC.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COLORADO CONTRACTORS' COMMERCIAL GENERAL
LIABILITY BROADENED ENDORSEMENT
This endorsement modfies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Endorsement-Table of Contents:
Coveraqe: Beains on Paae:
1. Employee Benefrt Liability Co�erage � �
2. Unintentional Failure to Disclose Hazards g
3. Damage to Premises Rented to You g
4. Supplementary Payments g
5. Medical Payments �p
6. Voluntary Property Damage (Coverage a.}and Care, Custody or Control
Liabiliry Coverage (Coverage b.) 10
7. 180 Day Coverage for Newly Formed or Acquired Organizations 10
8. Waiver of Subrogation 10
9. Automatic Additional Insured-Specfied Relationships: 11
• Managers or Lessors of Premises:
• Lessor of Leased Equipment;
• Vendors;
• State or Political Subdsvisions-Permits Relating to Premises;
• State or Political Subdivisions-Permits; and
• Contradors'Operations �--5p� 4.,Q,a.p �., j.i.�.
10. Broadened Contradual Liability-Work VYrthin 50"oi(l�ailroad Property 16
11. Property Damage to Borrowed Equipment �g
12. Employees as Insureds-Specfied Health Care Services: y6
• Nurses;
• Emergency Medical Technicians;and
• Paramedics
13. Broadened Notice ofOccurrence 16
B. Limits of Insurance:
The Commercial General Liabiliry Limits of Insurance applyto the insurance provided by this endorsement.
except as provided below:
1. Employee Benefit Liability Coverage
Each Employee Limit: $ 1,000,000
Aggregate Limit: 5 3,000,000
Deductible: $ 1,000
3. Damage to Premises Rented to You
The lesser ofi
a. The Each Occurrence Limit shown in the Declarations; or
b. 5500,000 unless otherwise stated $
4. Supplementary Payments
a. Bail bonds: $ 1,000
b. Loss of earnings: $ 350
5. Medical Payments
Medical Expense Limit: $ 10,000
Includes copyrighted material of Insurance
GA 233 CO 05 11 Services Office, Inc., with its permission. Page 1 of 16
b. Care, Custody or Control Liability deductible amount as has been
Coverage paid by us.
SECTION I - COVERAGES, COV- 7. 180 Day Coverage for Newly Formed or
ERAGE A. BODILY INJURY AND Acquired Organizations
PROPERTY DAMAGE LIABILITY, 2.
Exclusions.J Damage to Properiy, SECTION II - WHO IS AN INSURED is
Subparagraphs (3), (4)and(S)do not amended as follows:
apply to "property damage" to the Subparagraph a. of Paragraph 4. is
property of others described therein. hereby deleted and replaced by the fol-
With respect to the insurance provided by lowing:
this section of the e�dorsement, the fol- a, Insurance under this provision is af-
lowing additional provisions apply: forded only until the 180th day after
a. The Limits of Insurance shown in the you acquire or form ihe organization
Declarations are replaced by the lim- or the end of the policy period,
iis designated in Sedion B. Limits of whichever is earlier;
Insurance. 6. Voluntary Property g, Waiver of Subrogation
Damage and Care. Custody or
Control Liability Coverage of this SECTION IV-COMMERCIAL GENERAL
endorsement with respett to cover- LIABILITY CONDITIONS, 9. Transfer of
age provided by this endorsement. Rights of Recovery Against Others to
These limits are inclusive of and not Us is hereby amended by the addition of
in addition to the limits being re- ihe following:
placed. The Limits of Insurance
shown in Section B. Limits of Insur- We waive any right of recovery we may
ance. 6. Voluntary Properiy Dam- have because of payments we make for
age and Care, Custody or Control injury or darnage arising out ofyour ongo-
Liability Coverage of this endorse- ,ing operations or"your work" done under
ment fix the most we will pay in any a written contract requiring such waiver
one "occurrence" regardless of the With that person or organization and in-
number ofi cluded in the "products-completed opera-
tions hazard". However, our rights may
(1) Insureds; only be waived prior to the "occurrence"
(2) Claims made or "suits" brought; 9iving rise to the injury or damage for
o� which we make payment under this Cov-
erage Part. The insured must do nothing
(3) Persons or organizations making after a loss to impair our rights.At our re-
claims or bringing"suits". quest,ihe insured will bring"suit"or trans-
fer ihose rights to us and help us enforce
b. Deductible Clause those rights.
(1) Our obligation to pay damages 9. Automatic Additional Insured - Speci-
on your behalf applies only to the fied Relationships
amount of damages for each
"occurrence"which are in excess a. The following is hereby added to
of the deductible amount stated SECTION II-WHO IS AN INSURED:
in Section B. Limits of Insur-
ance, 6. Voluntary Property (1) Any person or organization de-
Damage and Care, Custody or scribed in Paragraph 9.a.(2) be-
Control Liability Coverage of low (hereinafter referred to as
this endorsement. The limits of additional insured)whom you are
insurance will not be reduced by required to add as an additional
the application of such dedudi- insured under this Coverage Part
ble amount. by reason ofi
(2) Condition 2.Duties in the Event (a) A written contract or agree-
of Occurrence. Offense, Claim ment;or
or Suit, applies to each claim or (b) An oral agreement or con-
"suit"irrespective of the amount. trad where a certficate of
(3) We may pay any part or all of the insurance showing that per-
deductible amount to effect set- son or organization as an
tlement of any claim or "su�t" ssu�e�dnal insured has been
and, upon notification of the ac-
tion taken,you shall promptly re- is an insured, provided:
imburse us for such part of the
Includes copyrighted material of Insurance
GA 233 CO 0511 Services Office, Inc., with its permission. Page 10 of 16
(a) The written or oral contrad or use of equipment leased
or agreement is: to you by such person(s) or
organizations(s). However,
1) CuRently in effect or this insurance does not ap-
becomes effective dur- ,. ��
ing the policy period; Ph� to any occurrence
and which takes place after the
equipment lease expires.
2) Executed prior to an (c) Any person or orgartizatio�
occurrence or offense (referred to below as ven-
to which tf�is insurance dor) with whom you have
would appy;and agreed per Paragraph
(b) They are not specifically 9.a.(1) above to provide in-
named as an additional in- surance, but ony with re-
sured under any othe� pro- spect to "bodily injury' or
vision of, or endarsement "property damage° arising
added to, this Coverage out of your products"which
Part. are distributed or sold in the
_ regular cottrse of the ven-
(2) Only the following persons o�or- dor's business, subject to
ganizations are additional insur- the foAowing additional ex-
eds under this endorsement,and clusions:
insurance coverage provided to
such additional insureds Is tim- 1) The insurance afforded
ited as provided herein: the vendor does not
appy to:
(a) The manager o�lessor of a
premises leased to you with a) °Bodily injury' or
whom you have agreed per °property damage°
Paragraph 9.a.(1) above to for which the ven-
provide insurance, but only dor is obligated to
with respeci to tiability aris- pay damages by
ing out of the ownership, reason of the as-
maintenance or use of that sumpt�on of liability
part of a premises feased to in a conVact or
you, subject to the foltowing agreement This
additionat exclusions: exclusion does not
appy to liabiliry for
This insurartce does not ap- damages that the
ply to: vendor would have
1) Any"occurrence°which in the absence of
the contract or
takes place after you � agreemen�
cease to be a tenant in
that premises. b) Any express war-
Z) Strudural alterations, �nry unauthorized
new consUuction or
by you;
dernolitfon operations c) Any physical or
performed by or on be- chemical change
haff of such additional in the product
insured. made Intentionaly
(b) Any person or organization by the vendor;
from which you lease d) Repackaging, ex-
equipment wiEh whom you cept when un-
have agreed per Paragraph packed soley for
9.a.(1) above to provide in- the purpase of in-
surance. Such person(s) or spection, demon-
organizabon(s)are insureds, stration, testing, or
but only to the extent that the substitution of
the liabiliryfor'bodilyinjury", parts under in-
"property damage" or "per- structions from the
sonal and advertising injury" rnanufadurer, and
is caused by your negli- thert repackaged
gence, acts or omissions in in the original con-
the maintenance, operation tainer;
Includes copyrighted material of Insurance
GA 233 CO 0511 Services Office, Inc.,with its permission. Page 11 of 16
e) Any failure to Part with respect
make such inspec- to such products.
tions, adjustrnents,
tests or senricing (d) Any state or polit�cal subdi-
as the vendor has vision with which you have
agreed to make or agreed per Paragraph
normally under- surance, s b'ect to the fol-
takes to make in Iowin additional
the usual course of 9 provision:
business, in con- This insurance applies only
nedion with the with respect to the following
disUibution or sale hazards for which the state
of the products; ar political subdivision has
� DemonsUation, in- issued a permit in connec-
stallation, servicing tion with premises you own,
or repair opera- rent or control and to which
tions, except such this insurance applies:
operations per- �) The existence. mainte-
formed at the ven- nance, repair,construc-
dors premises in tion. erection, or re-
connection with rnoval of advertising
the sale of ihe signs, awnings, cano-
produd; pies, cellar entrances,
g) Products which, coal hales, driveways,
after distribution or manholes, marquees,
sale by you, have hoist away openings,
been labeled or re- sidewalk vauits, street
labeled or used as banners, or decorations
a container,pa�t or and similar exposures;
ingredient of any or
other thing or sub- 2) The construction, erec-
stance by or for tion, or removal of ele-
the vendor,or vato�s;or
h) °Bodily injury' or
"properly damage" 3) The ownership, main-
arising out of the tenance, o� use of any
negligence, acts or elevators covered by
omissions of the this insurance.
vendor. its em- (e) Any state or political subdi-
ployees or anyone vision with which you have
else acting on its agreed per ParagraQh
behalf. g.a.(1) above to provide in-
2) This insurance does not surance, subject to the fol-
appy to any insured lowing provisions:
pe�son or organization: 1) This insurance applies
a) From whom you only with resped to op-
have acquired erations pertormed by
such products, or you or on your behatf
any ingredrent, for which the state or
part or container, political subdivision has
entering into, ac- issued a permit.
companying or Z) This insurance does not
containing such apply to "bodily injury",
products;or "property damage" or
b) When tiability in- "personal and advertis-
cluded within the ing injury"arising out of
"products- operadons performed
completed opera- for the state or political
tions hazard" has subdivision.
been excluded un- (fl Fo� °your work" performed
der this Coverage in Colorado, any person or
Includes copyrighted material of Insurance
GA 233 CO 0511 Senrices Office, Inc.,with its pe�rnission. Page 12 of 16
organ¢ation with which you (a) Subparagraphs (e). (� and
have agreed per Paragraph (g)do not apply to"hadily in-
9.a.(1) above to provide in- jury' or "property damage"
surance, but only to the ex- included within the °prod-
tent that the liability is ucts-completed operations
caused by `your work° per- hazard";
formed for that additional in-
sured and only to the extent (b) Subparagraphs (a), (d), (e)
that such liability is caused and(g)do not appy to"bod-
by your acts or omissions or ily injury", "property dam-
the acts or omissions of , age" or "personal and ad-
those ading on your behaff. vertising injury' arising out
A person or organization's of the sole negligence or
status as an insured under willful misconduct of the ad-
this p�ovision of this en- ditional insured or its "em-
dorsernent continues for ployees"; or
ony the period of time re-
quired by the written con- (c) Subparagraph(�and (�)do
tract or agreement,but in no not apply to "bodqly in�ury",
event beyond the expiration property damage or per-
date of this Coverage Part. sonal a�d advertising in�ury°'
If there is no written contract arising aut ofi
or agreement,or if no period 1) The rendering of, or
of time is required by the faiEure to render, any
written conVact or agree- professional services
ment, a person or organ'aa- byyo u or on your be-
tion's status as an insured half, but only wrth re-
unde� this endorsement spect to either or both
ends when your operations of the following opera-
for that insured are com- tions:
pleted.
(g) For "your work" erfortned a) Providing engi-
P neering, architec-
in the "coverage territory" � tural or surveying
but not in Colorado, any services to others;
person or organization with and
which you have agreed per
Paragraph 9.a.(1) above to b) Providing, or hiring
provide insurance, but only independent pro-
with respect to liability aris- fessionals to pro-
ing out of 'your wo�k" pe�- vide, engineering,
formed for that additional in- architedural or
sured byyou or on your be- surveying services
half. A person or o�ganiza- in connection with
tion's status as an insured construction work
under this provision of this you perform.
endorsement continues for i� Subject to Paragraph 3)
only the period of time re- below, professional
quired by the written con- services include:
trad or agreement,but in no
event beyond the expiration a) Preparing, approv-
date of this Coverage Part. ing, or failing to
Ifthere is no written contrad prepare or ap-
or agreemen�or if no period prove, maps, shop
of time is required by the drawings, opin-
written contract or agree- ions, reports, sur-
ment, a person or organiza- veys, field orders,
tion's status as an insured change orders, or
under this endorsement drawings and
ends when your operations specifications;and
for that insured are com-
pleted. b) Supervisory or in-
(3) Any insurance provided to an spection activities
perFormed as part
addit�onal insured designated of any related ar-
under Parag�aph 9.a.(2):
Includes copyrighted material of Insurance
GA 233 CO 05 11 Services Office, Inc.,with its permission. Page 13 of i6
chitectural or engi- primary to other insurance
neering activities. available to the additional
3) Professional services insured except
do not include services 1) As otherwise provided
within construction in SECTION IV -
means, methods, tech- COMMERCIAL GEN-
niques, sequences and ERAL LIABILITY
procedures employed CONDITIONS, 5.
by you in connection Other Insurance, b.
with consiruction work Excess Insurance: or
you perform.
(d) Subparagraphs (fl and 2) For any other valid and
(9) collectible insurance
do not apply to "bodily in- available to the addi-
jury' or "property damage" tional insured as an ad-
arising out of"your work"for ditional insured by at-
which a consolidated (wrap- tachment of an en-
up) insurance program has dorsement to another
been provided by ihe prime insurance policy that is
contractor/project manager written on an excess
or owner of the construction basis. In such case,the
project in which you are in- " coverage provided un-
volved. der this endorsement
b. Only with regard to insurance pro- shall also be excess.
vided to an additional insured desig- (2) Condition 11. Conformance to
nated under Paragraph 9.a.(2) Sub- Specific Written Contract or
paragraphs (fl and (g) above. SEC- Agreement is hereby added:
TION III-LIMITS OF INSURANCE is
amended to include: 11. Conformance to Specific
Written Contract or
The limits applicable to the additional Agreement
insured are those specfied in the
written contract or agreement or in a. With respect to addi-
the Declarations of this Coverage tional insureds de-
Part, whichever a�e less. If no limits scribed in Paragraph
a�e specified in the written contract or 9.a.(2)(�above only:
agreement, or if there is no written If a written contract or
contract or agreement, the limits ap- agreement between
plicable to ihe additional insured are you and the additional
those specified in the Declarations of insured specfies that
this Coverage Part. The limits of in- coverage for the addi-
surance are inclusive of and not in tional insured:
addition to the limits of insurance
shown in the Declarations. (1) Be provided bythe
c. SECTION fV - COMMERCIAL GEN- Insurance Ser-
ERAL LIABILITY CONDITIONS is vices O�ce addi-
hereby amended as follows: tional insured form
number CG 32 27,
(1) Condition 5. Other Insurance is CG 32 28 or CG
amended to include: 32 29: or
(a) Where required by a written (2) Include coverage
contract or agreement, this for completed op-
insurance is primary and/or erations; or
noncontributory as respects (3) Include coverage
any other insurance policy for"your work";
issued to the additiona! in-
sured, and such other in- and where the limits or
surance policy shall be ex- coverage provided to
cess and / or noncontribut- the additional insured is
ing, whichever applies, with more restrictive than
this insurance. was spec�cally re-
(b) Any insurance provided by quired in that written
this endorsement shafl be contract or agreement,
the terms of Para-
Includes copyrighted material of Insurance
GA 233 CO OS 11 Services Office. Inc., with its permission. Page 14 of 16
graphs 9.a.(3)(a)or 9.b. agreement specifies
above, or any combina- the Insurance Services
tion thereof, shall be in- Office additionat in-
terpreted as providing sured form number CG
the limits or coverage 20 10 but does not
required by the tetms of specdy wh�ch edition,or
the written contrad or specfies an edition that
agreement, but only to does not exist, Para-
the e�dent that such fim- graphs 9.a.(3)(b) and
its or coverage is in- 9.b. of this endorse-
cluded within the terms ment shalf not apply
of the Coverage Part to and Paragraph
which this endorsement 9.a.(3)(a) of this en-
is attached. dorsement shall apply.
b. With respect to addi- 10. Broadened Contractual Liabillty-Work
tional insureds de- Within 50'of Railroad Propeity
scribed in Paragraph
9.a.(2)(g)above ortly: It is hereby agreed that Paragraph f.(1)of
Defini�on i2. "Insured contract" (SEG
If a w�itten contract or TION V-DEFINlTIONS)is deleted.
agreement between
you a�d the additional 11. Property Oamage to Borrowed Equip-
insured specfies that ment
covetage fior the addi- a. The following is hereby added to Ex-
tional insured: clusion j. Damage to Property of
a. Be prov�ded by the Paragraph 2.. Exclusions of SEC
Insurance Ser- TION I-COVERAGES. COVERAGE
vices Of�ce addi- A. BODILY INJURY AND PROP-
tional insured form ERTY DAMAGE UABILITY:
number CG Z0 10 Paragraphs (3) and (4)of this exclu-
or CG 20 37 sion do not a
(where edition pply to tools or equip-
specfied);or ment loaned to you,provided they are
not being used to perform operations
b. Include coverage at the time of loss.
for completed op- b. With respect to the insurance pro-
erations;or vided by this section of the endorse-
c. Include coverage ment, the followirtg addi�onal provi-
for"your work"; sions apply.
and where the limits or (1) The Limits of insurance shown in
coverage provided to the Declarations are replaced by
the additional insured is the limits designated in Section
more restrictive than B. Umits of Insurance, 11. of
was specfically re- this endo�sement with �espect to
quired in that written coverage provided by this en-
contract or agreement, dorsement These limits are in-
the terms of Para- clusive of and not in addiaon to
graphs 9.a.(3)(a). the limits being replaced. The
9.a.(3)(b)o�9.b.above, Limits of Insurance shown in
or any combination ���o� B. Limits of Insurance.
thereof, shall be inter- 11. of this endorsement fix the
preted as providing the most we will pay in any one"oc-
limits or coverage re- currence" regardtess of the
quired by the terms of number of
the written contract or
agreement, but only ta (a) Insureds;
the extent that such lim- (b) Claims made or "suits"
its or coverage is in- brought;or
cluded within the terms
of the Coverage Part to (c) Persons or organizations
which this endorsement making claims or bring
is attached. If,however, Nsuits".
the written conuact or
Includes copyrighted material of Insurance
GA 233 CO a5 11 Services Office. Irtc.,with its permission. Page 15 of 16
(2) Deductible Clause a. Nurses;
(a) Our obligation to pay dam- b. Emergency Medical Technicians;or
ages on your behalf applies
oniy to the amount of dam- c. Paramedics,
ages for each "occurrence" frt the jurisdiction where an "occurrence"
which are in excess of the or offense to which this insurance a lies
Deductible arnount stated in takes place. pp
Section B. Limfts of Insur-
ance. 11. of this endorse- 13. Broadened Notice of Occurrence
ment The limits of insur-
ance will not be reduced by Paragraph a. of Condition 2. Dutles In
the application of such De- the Bvent of• Occurrence, Offense,
ductible amounG Ciaim or Suit(SECTION IV-COMMER-
CIAL GENERAL LIABIUTY GONDI-
(b) Condition 2. �uties in the TIONS)is herebydeleted and replaced by
Eve� of Occurrence. Of- the following:
fense, Claim o� Suit, ap-
plies to each claim or °suiY' a. You must see to it that we are notified
irrespective of the amoun� as soon as practicable of an "occur-
(c) We may pay any part or all rence"or an oftense which may rewft
in a claim.To the extent possible,na
of ttte deductible amount to tice should include:
effect settlement of any
claim or"suit"and, upon no- (1) How, when and where the "oc-
tification of the action taken, currence°or offense took ptace;
you shafl promptly reim- �2� The names and addresses of
burse us for such part of the
dedudible amount as has any inju�ed pe�sons and wit-
been paid by us. nesses;and
12. Employees as Insureds - Specified (3) The nature and location of any
Health Care Services injury or damage arising out of
the°occurrence"or affense.
It is hereby agreed that Paragraph
2.a.(1)(cn of SECTION II - WHO IS AN This reguirement applies only when
INSURED, does not appy to your "em- �e"occurrence" or offense is known
ployees° who provide professional health t°�►"autharized representative".
care services on your behalf as duy li-
censed:
Includes copyrighted material of Insurance
GA 233 CO OS 11 Services Office, Inc., with its permission. Page 16 of 16
THES ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITI0NAL INSURED BY CONTRACT
Thfs endorsement modifies fnsurance provided under ihe folbwing:
BUSINESS AUTO CAVERAGE FORM
GARAGE COYERAGE FORM
Th(s andorsement changes the poQcy effective on i�e inception date of the poQcy unless another date is lndl-
cated below.
Endorsement Effective: 01/01/2016 Poficy Number. ENP0224898
Named Insu�ed: L&M Enterprises, Inc.
Countersigned by:
utho e epresenta e
W(th respect to coverage provlded by fhis endorsement,t�e provisions of fhe Coverage Fortr� apply unfess
modlfied by the endorsement
SECTION 11 - UABIUTY COVERAaE, A. Cover-
age�I.Who is an Insured is amended to (nclude
as an insured any person or o�ganizatlon with
wh(ch you have agreed In a va�id written conhact
to provide Ensurance as is aifcrded by this poifcy.
This provision is limitec! to the scope of the valid
written conUaot
This provision does nct apply unless the valld
w�itten contract has been executed prior to the
'bodily injury"or'property damage'.
AA 417i 11 OS
THIS ENDORSEA�ENT CHANGES THE POL[CY.PLEASE READ IT CAREFULLY.
BLANKET WAIVER OF SUBROGATION - AUTO
Thls endorsement mcdif�es Insurance provided under the follow(ng:
BUSINESS AUTO COVERAGE FORM
This endorsement changes the policy effecHve on the Inceptlon date of the policy unlsss enother date is Indi-
cated ba[ow.
Endorsernent Effective: o��0�/2o�s Policy Number.
ENP0224898
Nai�ied InsufBd: L&M Enterprises, Inc.
Counterslgned by:
Au orize epresenta ve
With respect to coverage provkied by this endorsement.fhe pravisions ot the Coverage Form apply unless
modified by the endo�sement
1. Blanket Waivar of Subrogation of payments we make for 'bociffly (njury° or
SECTI�N IV - BUSINESS AUTO CONDI- 'property clamage'arising out of the operaYon
TION3, A. I.oss Condi�ons, 5. Transter of ot a covered'aub'when you have assumed
Oabiqty for such °bodlly trijuury' or ° ro e
Rights of Reccvery Against Others to Us is d�gea under sn °Insured ccntracRC�pro
emended by the addidon of I�e following: vided 1he'bodily injury'o�'property dama�e'
We wa(ve any�ht of recovery we may have cccttrs subsequent to ths exeoudon of ihe in-
agalnst any pe�son or organiza�on because sured contract'".
aa ai72 09 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY.
PRIMARY AND NONCONTRIBUTORY INSURANCE
This endorsement rnodifies insurance provldsd under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement changes the policy effective on the inceptlon date of ihe policy unless another date Is fndi-
cated below.
Enclorsement Effective: Pol(cy Nurnber:
01/01/2016 EN P0224898
Named Insured:
L&M Enterprises, Inc.
Countersfgned by:
Autho�lze Representative)
Wlth respect to coverage provided by tl�is endorsement, the provisions of 1he Coverage Form apply unless
tnod(fled by the endorsemenL
9. Noncontributory lnsorance
SECTlON IV - BUSINESS AUTO CONDI-
710NS, B.General Candltiona, 5. Other In-
sutance is replaced by fhe foIlowing:
c. Regardless of the provisions of Para-
graph a.above,this Coverage Form's LI-
abUity Coverage is primery and we wpl
not seek conMbuBan irom any other tn-
su�ance for any Ilabitiiy assumed under
an°i�sured contracY that requires Iiabllity
to be assumsd on a primary noncon-
tnbutory basis.
AA 417411 OS
PINN�CQL 7501 E Lowry Bivd
ASSURANCE Denver, CO 80230-7006
303-361-4000/800-873-7242
www.pinnacol.com
NCCI#:WC0003136
Policy#:4188429 +
L and M Enterprises Inc Ewing Leavitt Insurance Agency, Inc
P O Box W 4025 St Cloud Drive
Berthoud,CO 80513 Suite 100
Loveland,CO 80538
(970)679-7333
ENDORSEMENT: Blanket Walver of Subrogation
We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not
enforce our right against the person or organization named in the Schedule.This agreement applies only to the
extent that you perform work under a written cont�act that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
To any person or organization when agreed to under a written contract or agreement,as defined above
and with the insured,which is in effect and executed prior to any loss.
Effective Date: December 28,2015 Expires on:January 1,2017
Pinnacol Assurance has issued this endorsement December 28,2015.
Diversified Center of Excellence
Phone (303)3fi1-4450/(888)852-2268
Fax (303)361-5450/(888)329-2210
7501 E Lowry Blvd Denver,CO 80230-7006
Page 1 of 1 P VISS-Undervvriter 12/28l2015 18:17:49 4188429 455655S6 359-B
FHWA-1273-- Revised May 1,2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General 3. A breach of any of the stipulations contained in these
II. Nondiscrimination Required Contract Provisions may be sufficient grounds for
III. Nonsegregated Facilities withholding of progress payments,withholding of final
IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debartnent
V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the
Provisions contracting agency and FHWA.
VI. Subletting or Assigning the Contract
VII. Safety:Accident Prevention 4 5election of Labor: During the performance of this contract,
VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose
IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid
Pollution Control Act highway unless it is labor performed by convicts who are on
X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid
Debarment Requirements highway does not include roadways functionally classified as
XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors.
Lobbying
ATTACHMENTS II. NONDISCRIMINATION
A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are
Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all
Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The
provisions of 23 CFR PaR 230 are not applicable to material
I. GENERAL supply,engineering,or architectural service contracts
In addition,the contrador and all subcontractors must comply
1. Fortn FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60,
construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the
emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI
contractor(or subcontractor)must insert this fortn in each of the Civil Rights Act of 1964,as amended,and related
subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR
subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633.
and other agreements for supplies or services).
The contractor and all subcontractors must comply with: the
The applicable requirements of Form FHWA-1273 are requirements of the Equal�pportunity Clause in 41 CFR 60-
incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000,
order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity
prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3.
subcontractor,lower-tier subcontractor or service provider.
Note:The U.S.Department of Labor has exclusive authority to
Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the
build contracts,in all subcontracts and in lower lier policies of the Secretary of Labor including 41 CFR 60,and 29
subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have
purchase orders, rental agreements and other agreements for the authority and the responsibility to ensure compliance with
supplies or services). The design-builder shall be responsible Title 23 USC Sedion 140,the Rehabilitation Act of 1973,as
for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Tit(e VI of the Givil Rights Act of
or service provider. 1964,as amended,and related regulations including 49 CFR
Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposat documents,however,the The following provision is adopted from 23 CFR 230,Appendix
Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S.
referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements.
subcontracts(excluding purchase orders, rental agreements
and other agreements for suppties or services related to a 1.Equal Employment Opportunity: Equal employment
construction contract). opportunity(EEO)requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
2. Subject to the applicabifity criteria noted in the following under laws,executive orders, rules, regulations(28 CFR 35,
sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27)
perFormed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the
and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuani to 23
immediate superintendence and to all work perfortned on the U S.C. 140 shall constitute the EEO and specific affirmative
contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under
t
this contract.The provisions of the Americans with Disabilities 4.Recruitment:When adveRising for employees,the
Act of 1990(42 U.S.C 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the
35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such
contract. In the execution of this contract,the contractor advertisements will be placed in publications having a large
agrees to comply with the following minimum specific circulation among minorities and women in the area from
requirement activities of EEO: which the project work force would normally be derived.
a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid
the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct
good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral
of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To
of activities under the contract. meet this requirement,the contractor will identify sources of
potential minority group employees,and establish with such
b.The contractor will accept as rts operating policy the identified sources procedures whereby minority and women
following statement: applicants may be referred to the contractor for employment
consideration.
"It is the policy of this Company to assure that applicants
are employed,and that employees are treated during b In the event the contractor has a valid bargaining
employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the
national origin,age or disabitity. Such action shall include: contractor is expected to observe the provisions of that
employment, upgrading,demotion,or transfer;recruiiment or agreement to the extent that the system meets the contractor's
recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where
other forms of compensation;and selection for training, implementation of such an agreement has the effect of
including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the
job training" contractor to do the same,such implementation violates
Federal nondiscrimination provisions.
2. EEO Officer:The contractor will designate and make
known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to
the responsibility for and must be capable of effectively refer minorities and women as applicants for employment.
administering and promoting an active EEO program and who Information and procedures with regard to referring such
must be assigned adequate authority and responsibility to do applicants will be discussed with employees.
so.
5.Personnel Actions:Wages,working conditions,and
3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and
staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading,
discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be
are substantially involved in such action,will be made fully taken without regard to race,color, religion,sex,national
cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be
and contractual responsibilities to provide EEO in each grade followed:
and classification of employment. To ensure that the above
agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspedions of project
minimum: sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
a. Periodic meetings of supervisory and personnel office personnel.
employees will be conducted before the start of work and then
not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of
contractor's EEO policy and Its implementation will be wages paid within each classification to determine any
reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices.
the EEO Officer.
c. The contractor will periodically review selected personnel
b. All new supervisory or personnel office employees will be actions in depth to determi�e whether there is evidence of
given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will
all major aspects of the contractor's EEO obtigations within promptly take corrective action. If the review indicates that the
thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such
corrective action shall include all affected persons.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of
contractor's procedures for locating and hiring minorities and al�eged discrimination made to the contractor in connection
women. with its obligations under this contract,will attempt to resolve
such complaints,and will take appropriate corrective action
d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation rndicates that the
policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant,
applicants for employment and potential employees. such corrective action shall include such other persons. Upon
completion of each investigation,the contractor wlll inform
e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal.
implement such policy will be brought to the attention of
employees by means of ineetings,employee handbooks,or 6.Training and Promotion:
other appropriate means.
a. The contractor will assist in locating,qualifying,and
increasing the skills of minorities and women who are
2
applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with
should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there
employees in the type of trade or job classification involved under Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
b. Consistent with the contractor's work force requirements undue hardship.
and as permissible under Federal and State regulations,the
contractor shall make full use of trainrng programs, i.e., 9.Selection of Subcontractors,Procurement of Materials
apprenticeship,and on-the-job training programs for the and Leasing of Equlpment:The contractor shall not
geographical area of contract performance. In the event a discriminate on the grounds of race,color, religion,sex,
special provision for training is provided under this contract, national origin,age or disability in the selection and retention
this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and
speciai provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary
training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the
in accordance with 23 U.S.C.140(a). administration of this contract.
c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and
employment of available training programs and entrance suppliers and lessors of their EEO obligations under this
requirements for each. contract.
d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure
promotion potential of employees who are minorities and subcontractor compliance with iheir EEO obligations.
women and will encourage eligible employees to apply for
such training and promotion
10. Assurance Required by 49 CFR 26.13(b):
7.Unions:If the contractor relies in whole or in part upon
unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Pah 26 and the State
faith efforts to obtain the cooperation of such unions to DOT's U.S. DOT-approved DBE program are incorporated by
increase opportunities for minorities and women Actions by reference.
the contractor,either directly or through a contractor's
association acting as agent,will include the procedures set b The contractor or subcontractor shall not discriminate on
forth below: the basis of race,color,national origin,or sex in the
performance of this contract. The contractor shall carry out
a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and
cooperation with the unions,joint training programs aimed admrnistration of DOT-assisted contracts. Failure by the
toward qualifying more minorities and women for membership contractor to carry out ihese requirements is a material breach
in the unions and increasing the skills of minorities and women of this contract,which may resuft in the termination of this
so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency
deems appropriate.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such
union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO
regard to their race,color, religion,sex, national origin,age or requirements. Such records shall be retained for a period of
disability. three years following the date of the final payment to the
contractor for all contract work and shall be available at
c. The contractor is to obtain infortnation as to the referral reasonable times and places for inspection by authorized
practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA.
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the
information to the contractor,the contractor shall so certify to following:
the contracting agency and shall set forth what efforts have
been made to obtain such information. (1)The number and work hours of minority and non-
minority group members and women employed in each work
d. In the event the union is unable to provide the contractor classification on the project;
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation
through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment
vacancies without regard to race,color, religion,sex,national opportunities for minorities and women; and
origin,age or disability;making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring,
to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women;
provide exclusive referrals under the terms of a collective
bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual
requirements of this paragraph. In the event the union referral repoR to the contracting agency each July for the duration of
practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and
pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work
special provisions,such contractor shall immediately notify the classification required by the contract work. This information is
contracting agency. to be reported on Form_FIiWA_1391 The staffing data should
represent the project work force on board in all or any part of
8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July If on-the-job
Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor
3
will be required to collect and report training data. The of paragraph 1 d of this section;also,regular contributions
employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not
all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs
July. which cover the particular weekly period,are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for
the classification of work actually performed,without regard to
This provision is applicable to all Federal-aid construction skiil,except as provided in 29 CFR 5.5(a)(4).Laborers or
contracts and to all related construction subcontracts of inechanics perfortning work in more than one classification
$10,000 or more may be compensated at the rate specified for each
classification for the time actually worked therein:Provided,
The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the
empioyees are provided in such a manner that segregation on time spent in each classification in which work is performed.
the basis of race,color, religion,sex,or national origin cannot The wage determination(including any additional classification
result The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this
use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be
employee custom. The contractor's obligation eutends further posted at all times by the contractor and its subcontractors at
to ensure that its employees are not assigned to perForm their the site of the work in a prominent and accessible place where
services at any location, under the contractor's control,where it can be easity seen by the workers.
the facilities are segregated. The term"facilities"includes
waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting o�cer shall require that any class of
time clocks,restrooms,washrooms, locker rooms,and other laborers or mechanics, including helpers,which is not listed in
storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the
recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage
provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an
or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits
areas to assure privacy between sexes therefore only when the following criteria have been met:
IV. DAVIS-BACON AND REIATED ACT PROVISIONS (i)The work to be performed by the classification
requested is not performed by a classification in the wage
This section is applicable to all Federal-aid construdion determination;and
projects exceeding$2,000 and to all related subcontracts and
lower-tier subcontracts(regardless of subcontract size). Tne (ii)The classification is utilized in the area by the
requirements apply to all projects located within the right-of- construction industry;and
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors,which are exempt. (iii)The proposed wage rate,including any bona fide
Contracting agencies may elect to apply these requirements to fringe benefits, bears a reasonable relationship to the
other projecis. wage rates contained in the wage determination.
The following provisions are from the U.S. Department of (2)If the contractor and the laborers and mechanics to be
Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known), or their
related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the
1273 format and FHWA program requirements. classification and wage rate(including the amount
designated for fringe benefits where appropriate),a report of
the action taken shall be sent by the contracting officer to the
1. Minimum wages Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S.DepaRment of Labor,
a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized
the site of the work,will be paid unconditionally and not less �eprese�tative,will approve,modify,or disapprove every
often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and
rebate on any account(except such payroll deductfons as are so advise the contracting officer or will notify the contracting
permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is
under the Copeland Act(29 CFR part 3)),the full amount of necessary.
wages and bona fide fringe benefits(or cash equivalents
thereofl due at time of payment computed at rates not less (3) In the event the contractor,the laborers or mechanics
than those contained in the wage determination of the to be employed in the classification or their representatives,
5ecretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed
hereof,regardless of any contractual relationship which may classification and wage rate(including the amount
be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the
and mechanics. contracting officer shall refer the questions,including the
views of all interested parties and the recommendation of the
Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for
fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an
Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within
paid to such laborers or mechanics, subject to the provisions 30 days of receipt and so advise the contracting officer or
4
will notify the contracting officer within the 30-day period that 8acon Act,the contractor shall maintain records which show
additional time is necessary. that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible,and that the
(4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the
appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the
1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such
work in the classification under this contract from the first benefits. Contractors employing apprentices or trainees under
day on which work is perFormed in the classification. approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs,the registration of the apprentices and
c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the
contract for a class of laborers or mechanics includes a fringe applicable programs.
benefit which is not expressed as an hourly rate,the contractor
shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in
or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to
equivalent thereof the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
d if the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social
other third person,the contractor may consider as part of the security numbers and home addresses shall not be included
wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to
reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee(
under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security
Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be
that the applicable standards of the Davis-Bacon Act have submitted in any form desired.optional Form WH-347 is
been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division
to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr htm
obligations under the plan or program. or its successor site.The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
2. Withholding Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and
written request of an authorized representative of the Hour Division of ihe Department of Labor for purposes of an
Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage
the contractor under this contract,or any other Federal requirements It is not a violation of this section for a prime
contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and
assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own
requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency..
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, (2�Each payroll submitted shall be accompanied by a
including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or
conkractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the
required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall
laborer or mechanic,including any apprentice,trainee,or certify the following�
helper,employed or working on the site of the work,all or part
of the wages required by ihe contract,the contracting agency
may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the
may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of
payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information rs
have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29
CFR part 5,and that such information is correct and
3. Payrolls and basic records complete;
a Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each
maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract
preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly
and mechanics working at the site of the work.Such records Wages earned,without rebate,either directly or indirectly,
shall contain the name,address,and social security number of and that no deductions have been made either directly or
each such worker,his or her correct classification,hourly rates indirectly from the full wages earned,other than
of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR
anticipated for bona fide fringe benefits or cash equivalents Part 3;
thereof of the types described in section 1(b)(2)(B)of the
Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not
deductions made and actual wages paid Whenever the less than the applicable wage rates and fringe benefits or
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed,
the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination
any costs reasonably anticipated in providing benefits under a incorporated into the contract
plan or program described in section 1(b)(2)(B)of the Davis-
5
(3)The weekiy submission of a properly executed rate specified in the applicable wage determination.
certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with
WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the
"Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fri�ge benefits,
this section. apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
(4)The falsification of any of the above ceRifications may classification. If the Administrator determines that a different
subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification,
prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination.
title 31 of the United States Code.
In the event the Office of Apprenticeship Training,Employer
c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency
required under paragraph 3 a.of this section available for recognized by the Office,withdraws approval of an
inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be
representatives of the contracting agency,the State DOT,the Permitted to utilize apprentices at less than the applicable
FHWA, or the Department of Labor,and shall permit such P�edetermined rate for the work performed until an acceptable
representatives to interview employees during working hours Program is approved.
on the job.If the contractor or subcontractor fails to submit the
required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL).
after written notice to the contractor,the contracting agency or
the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trafnees will not be
cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the
guarantee of funds.Furthermore,failure to submit the required ,,�ork performed unless they are employed pursuant to and
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12. individually registered in a program which has received prior
approval,evidenced by fortnal certificatio�by the U.S.
Department of Labor,Employment and Training
4. Apprentices and trainees Administration.
a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Apprentices will be permitted to work at less than the Employment and Training Administration.
predetermined rate for the work they perfo�med when they are
employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified
apprenticeship program registered with the U.S. Department of in the approved program for the trainee's level of progress,
Labor,Employment and Training Administration,O�ce of expressed as a percentage of the journeyman hourly rate
Apprenticeship Training,Employer and Labor Seroices,or with specified in the applicable wage determi�ation.Trainees shall
a State Apprenticeship Agency recognized by the O�ce,or if a be paid fringe benefits in accordance with the provisions of the
person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention
employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe
program,who is not individually registered in the program,but benefits listed on the wage determination unless the
who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that
Training, Employer and Labor Services or a State there is an apprenticeship program associated with the
Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage
probationary employment as an apprent'rce. determination which provides for less than full fringe benefits
for apprentices.Any employee listed on the payroll at a trainee
The allowable ratio of apprentices to journeymen on the job rate who is not registered a�d participating in a training plan
site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall
permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage
the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed.
In addition,any trainee perfortning work on the job site in
apprentice wage rate,who is not registered or otherwise excess of the ratio permitted under the registered program
employed as stated above,shall be paid not less than the shall be paid not less than the applicable wage rate on the
applicable wage rate on the wage determination for the wage determination for the work actually performed.
classificatio�of work actually performed In addition,any
apprentice pertorming work on the job site in excess of the
ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration
less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no
for the work actually performed Where a contractor is longer be permitted to utilize trainees at less than the
performing construction on a project in a locality other than applicable predetermined rate for the work performed until an
that in which its program is registered,the ratios and wage acceptable program is approved.
rates(expressed in percentages of the journeyman's hourly
rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of
program shall be observed.
apprentices,trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29
specrfied in the registered program for the apprentice's level of CFR part 30.
progress,expressed as a percentage of the journeymen hourly
6
d. Apprentices and Trainees(programs of the U.S.DOT).
Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY
skill training programs which have been certified by the STANDARDS ACT
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction
subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the
The straight time hourly wage rales for apprentices and overtime provisions of the Contract Work Hours and Safety
trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to
particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As
journeymen shall not be greater than permitted by the teRns of used in this paragraph,the terms laborers and mechanics
the particular program include watchmen and guards
5.Compliance with Copeland Act requirements. The 7.Overtime requirements. No contractor or subcontractor
contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require
3,which are incorporated by reference in this contract. or invoive the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
6.Subcontracts. The contractor or subcontractor shall insert Workweek in which he or she is employed on such work to
Form FHWA-1273 in any subcontracts and also require the Work in excess of foRy hours in such workweek unless such
subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less
subco�tracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours
compliance by any subcontrador or lower tier subcontractor worked in excess of forty hours in such workweek.
with all the contract clauses in 29 CFR 5.5. �
2.Violation;liability for unpaid wages;liquidated
7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set foRh
contract clauses in 29 CFR 5 5 may be grounds for termination �n paragraph(1.)of this section,the contractor and any
of the contract,and for debarment as a contractor and a subcontrador responsible therefor shall be liable for the
subcontractor as provided in 29 CFR 5.12. unpaid wages. In addition,such contractor and subcontractor
shall be liable to the United States(in the case of work done
under contract for the District of Columbia or a territory,to such
8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such
requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each
Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and
are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in
paragraph(1.)of this section, in the sum of$10 for each
9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or
out of the labor standards provisions of this contract shall not Permitted to work in excess of the standard workweek of forty
be subject to the general disputes clause of this contract.Such hours without payment of the ove�time wages required by the
disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1.)of this section.
of the Department of Labor set forth in 29 CFR parts 5,6,and
7.Oisputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages.
between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action
contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the
employees or their representatives. Department of Labor wilhhold or cause to be withheld,from
any moneys payable on account of work pertormed by the
10.Certification of eligibility. contractor or subcontractor under any such contract or any
other Federal contract with the same prime Contractor,or any
other federally-assisted contract subject to the Contract Work
a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same
neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be
interest in the contractor's firtn is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or
be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as
the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this
section.
b. No part of this contract shall be subcontracted to a�y person
or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert
of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.)
through(4.)of this section and also a clause requiring the
c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier
U S Criminal Code, 18 U.S.C 1001 subcontracts.The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs(1.)through(4.)ofthis
section.
7
evidenced in writing and that it contains all peRinent provisions
VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract.
This provision is applicable to all Federal-aid construction 5. The 30%self-performance requirement of paragraph(1)is
contracts on the National Highway System. not applicable to design-buiid contracts; however,contracting
agencies may establish their own seif-performartce
1.The contractor shaN perForm with its own organization requirements.
contract work amounting to not less than 30 percent(or a
greater percentage if specified elsewhere in the contract)of
the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid
specialty items performed may be deducted from the total construction contracts and to all related subcontracts.
original contract price before computing the amount of work
required to be perFormed by the contractor's own organization 1. In the performance of this contract the contractor shall
(23 CFR 635.116). comply with all applicable Federal,State,and local laws
governing safety,health,and sanitation(23 CFR 635).The
a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and
to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it
equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be
without operators. Such term does not include empioyees or reasonably necessary to protect the life and health of
equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to
agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the
term may include payments for the costs of hiring leased work covered by the contract.
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a
employees may only be included in this term if the prime condition of each subcontrad,which the contractor enters into
contractor meets all of the following conditions: pursuant to this contract,that the contractor and any
subcontractor shalf not permit any employee,in performance
(1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions
supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her
employees; health or safety,as determined under construction safety and
(2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary
of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work
(3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U S.C. 3704).
exclude individual employees from work on the project;and
(4)the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative
submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract
other Federal regulatory requirements. performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the
that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40
equipment not ordinarily available in the type of contracting U.S.C 3704)
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract_ VIII.FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2.The contract amount upon which the requirements set forth
in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid
material and manufactured products which are to be construction contracts and to all related subcontracts.
purchased or produced by the contractor under the contract
provisions. In order to assure high quality and durable construction in
confortnity with approved plans and specifications and a high
3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made
or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal-
direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned
requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly,
(regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsffication,distortion,or
own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the
engineering services)as the contracting o�cer determines is project is a violation of Federal law To prevent any
necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR fi35)in one or more
otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned
contracting officer,or authorized representative,and such with the project:
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the 18 U S.C 1020 reads as follows:
contracting agency has assured that each subcontract is
8
"Whoever,being an officer,agent, or employee of the United covered transaction The prospective first tier participant shall
States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification
person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be
false statement,false representation,or false report as to the considered in connection with the department or agency's
character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction. However,
be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a
be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person
submission of plans,maps,specifications,contracts,or costs from participation in this transaction.
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or c.The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
Whoever knowingly makes any false statement,false agency determined to enter inio this transaction. If it is later
representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered
character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies
be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency
connection with the construction of any highway or related may terminate this transaction for cause of default.
project approved by the Secretary of Transportation;or
d.The prospective first tier participant shall provide
Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom
representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier
or report submitted pursuant to provisions of the Federal-aid participant�earns that its certification was erroneous when
Roads Act approved July 1, 1916,(39 Stat. 355),as amended submitted or has become erroneous by reason of changed
and supplemented; circumstances.
Shall be fined under this title or imprisoned not more than 5 e.The terms"covered iransaction,""debarred,"
years or both." "suspended,""ineligible,""participant,""person," "principal,"
and"voluntarily excluded,"as used in this clause, are defned
in 2 CFR Parts 180 and 1200. "First Tier Covered
IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a
WATER POLLUTION CONTROL ACT grantee or subgrantee of Federat funds and a participant(such
as the prime or general contract). "Lower Tier Covered
This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First
contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First T{er
Participant"refers to the participant who has entered into a
By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal
contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier
Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a
appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower
Tier Participants(such as subcontractors and suppliers).
1.That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting
award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be
or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier
2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred,
included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from
every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by
the contracting agency may direct as a means of enforcing the department or agency entering into this transaction.
suCh requirements.
g.The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension, Ineligibility
SUSPENSION,INELfGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions,"
EXCLUSION provided by the department or contracting agency,entering
into this covered transaction,without modification, in all lower
This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier
contracts,design-build contracts,subcontracts, lower-tier covered transactions exceeding the$25,000 threshold.
subcontracts,purchase orders,lease agreements,consultant
contracts�r any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a
approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a tower tier covered
defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended, ineligible,or
voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals,as well as
a. By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each
first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded
Parties List 5ystem website(https/lwww_e�fs govl),which is
b The inability of a person to provide the certification set out compiled by the General Services Administration.
below will not necessarily result in deniat of participation in this
9
i. Nothing contained in the foregoing shall be construed to this iransaction originated may pursue available remedies,
require the establishment of a system of records in order to including suspension and/or debarment.
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant c The prospective lower tier participant shall provrde
is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is
a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
j. Except for transactions authorized under paragraph(fl of changed circumstances.
these instructions,if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred,"
person who is suspended,debarred, ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal,"
excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined
other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to
department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a
or default. copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
"{"�' subgrantee of Federal funds and a participant(such as the
prime or general contract). "Lower Tier Covered Transactions"
2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered
Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier ParticipanY'
Participants: refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier
its knowledge and belief,that it and its principals: PaRicipant"refers any participant who has entered into a
, covered transaction with a First Tier Participant or other Lower
(1) Are not presently debarred,suspended,proposed for Tier Participants(such as subco�tractors and suppliers).
debarment,declared ineligible,or voluntarily excluded from
participating in covered transactions by any Federal e.The prospective lower tier participant agrees by
department or agency; submitting ihis proposal that,should the proposed covered
transaction be entered into, it shall not knowingly enter into
(2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is
proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily
against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction, uniess
connection with obtaining, attempting to obtain,or performing authorfzed by the department or agency with which this
a public(Federal,State or local)transaction or contract under transaction originated.
a public transaction;violation of Federal or State antitrust
statutes or commission of embezzlement,theft,forgery, f.The prospective tower tier participant further agrees by
bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled
statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility
and Voluntary ExGusion-Lower Tier Covered Transaction,"
(3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and
civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding
local)with commission of any of the offenses enumerated in the$25,000 threshold.
paragraph(a)(2)of this certification;and
g.A participant in a covered transaction may rely upon a
(4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered
application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or
(Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it
knows that the certification is erroneous.A participant is
b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended,
any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered
participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as
the eligibility of any lower tier prospective participants,each
2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded
Parties List System website(h�s�//www,�pls.stavl),which is
(Applicable to all subcontracts, purchase orders and other compiled by the General Services Administration.
lower tier transactions requiring prior FHWA approval or
estimated to cost$25,000 ormore-2 GFR Parts 180 and h. Nothing contained in the foregoing shall be construed to
1200) require establishment of a system of records in order to render
in good faith the certification required by this clause.The
a.By signing and submitting this proposal,the prospective knowledge and infortnation of participant is not required to
lower tier is providing the certification set out below exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
b The certification in this clause rs a material representation
of fact upon which reliance was placed when this transaction i. Except for transactions authorized under paragraph e of
was entered into.If it is later determined that the prospective these instructions,if a paRicipant in a covered transaction
lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a
certification, in addition to other remedies available to the person who is suspended,debarred, ineligible, or voluntarily
Federal Government,the departme�t,or agency with which excluded from paRicipation in this transaction, in addition to
other remedies available to the Federal Government,the
10
department or agency with which this transaction originated
may pursue available remedies,including suspension and/or
debarment.
Certification Regarding Debartnent,Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1.The prospective lower tier participant certifies,by
submission of this proposal,that neither it nor its principals is
presently debarred,suspended,proposed for debarment,
declared ineligible,or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2.Where the prospective lower tier participant is unable to
certify to any of the statements in this certification,such
prospective participant shall attach an explanation to this
proposal.
XI.CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000(49 CFR 20).
1.The prospective participant certifies, by signing and
submitting this bid or proposal,to the best of his or her
knowledge and belief,that:
a.No Federal appropriated funds have been paid or will be
paid,by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of
any Federal agency,a Member of Congress,an officer or
employee of Congress,or an employee of a Member of
Congress in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any
Federal loan,the entering into of any cooperative agreement,
and the extension,continuation, renewal,amendment,or
modification of any Federal contract,grant, loan,or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to a�y person for influencing or
attempting to influence an officer or employee of any Federal
agency,a Member of Congress,an officer or employee of
Congress,or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or
cooperative agreement,the undersigned shall complete and
submit Standard FoRn-LLL,"Disclosure Form to Report
Lobbying,"in accordance with its instructions.
2.This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than$100,000 for each such failure.
3.The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts,which exceed$100,000 and that all such
recipients shall certify and disclose accordingly
11
ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1
PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work.
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1.During the performance of this contract,the contractor
undertaking to do work which is,or reasonably may be,done
as on-site work,shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein ihe contract work is situated,or the subregion,or the
Appalachian counties of the State wherein the contract work is
situated,except:
a.To the e�ent that qualified persons regularly residing in
the area are not available.
b.For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c.For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract,provided that the number of nonresident
persons employed under this subparagraph(1c)shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work,except as provided in
subparagraph(4)below.
2.The contractor shall place a job order with the State
Employment Service indicating(a)the classifications of the
labore�s,mechanics and other employees required to perform
the contract work,(b)the number of empioyees required in
each classification,(c)the date on which the participant
estimates such empfoyees will be required,and(d)any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work,the
infortnation submitted by the contractor in the original job order
is substantially modified,the participant shall prompt�y notify
the State Employment Service.
3.The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who,in his opinion,are not qualified to
perform the classification of work required.
4 If,within one week following the placing of a job order by
the contractor with the State Employment Service,the State
Employment Service is unable to refer any qualified job
applicants to the contractor,or less than the number
requested,the State Employment Service will fonvard a
certificate to the contractor indicating the unavailability of
applicants. 5uch certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate,the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate,notwithstanding the provisions of subparagraph(1c)
above
5. The provisions of 23 CFR 633.207(e)allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
12
WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY & L&M ENTERPRISES, INC
TRM INSTALLATION FOR EM -BR 27.5-48A (TWO RIVERS PARKWAY)
THIS AGREEMENT is made and entered into this day of , 204 by and
between the County of Weld, a body corporate and politic of the State of C orado, and through its
Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 0631 hereinafter
referred to as "County," and L&M ENTERPRISES, INC., a corporation, whose address is 735 E. Hwv 56,
Berthoud Co. 80513, hereinafter referred to as "Contractor".
WHEREAS, Weld County Roads (Two Rivers Parkway) is in need of repair as a result of 2013
Flood Event, (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 these roads, and
WHEREAS, County requires an independent contract construction professional to perform the
construction services required by County and set forth in Exhibit 'A'; and 'B'
WHEREAS, Contractor is willing to perform and has the specific ability to perform the required
Construction Services at or below the cost set forth in Exhibit 'B':
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill,
expertise, and experience necessary to provide the equipment, materials and services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in Exhibits 'A'
and 'B', each of which forms an integral part of this Agreement. Exhibits 'A' and 'B' are specifically
incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement,
including specifically Exhibits `A. and 'B', define the performance obligations of Contractor and Contractor's
willingness and ability to meet those requirements.
Exhibit 'A' consists of County's Request for Bid as set forth in "Bid Package No. B1500196". The
Request for Bid 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
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those described in this Agreement. Contractor shall further be responsible for the timely
completion, and acknowledges that a failure to comply with the standards and requirements of
Exhibits 'A' and 'B' within the time limits prescribed by County may result in County's decision to
withhold payment or to terminate this Agreement. In its sole discretion, the County, by the Director
of the Department of Public Works or his or her designee, may extend the time for the Contractor
to complete the service or work, by not more than thirty (30) days. Such extension shall not
increase the compensation to be paid to the Contractor nor change any other term herein.
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by
County, and shall continue through and until Contractor's completion of the responsibilities
described in Exhibits 'A' & 'B'. Both of the parties to this Agreement understand and agree that the
laws of the State of Colorado prohibit County from entering into Agreements which bind County for
periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date
of this Agreement, County shall notify Contractor if it wishes to renew this Contract.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30)
days written notice. Furthermore, this Agreement may be terminated at any time without notice
upon a material breach of the terms of the Agreement. However, nothing herein shall be construed
as giving Contractor the right to provide materials (or services) under this Agreement beyond the
time when such materials (or services) become unsatisfactory to the County.
If this Agreement is terminated by County, Contractor shall be compensated for, and such
compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has
submitted and which have been approved by the County; (2) the reasonable value to County of the
materials which Contractor provided prior to the date of the termination notice, but which had not
yet been approved for payment; and (3) the cost of any work which the County approves in writing
which it determines is needed to accomplish an orderly termination of the work. County shall be
entitled to the use of all material generated pursuant to this Agreement upon termination.
Upon termination, County shall take possession of all materials, equipment, tools and facilities
owned by County which Contractor is using, by whatever method it deems expedient; and,
Contractor shall deliver to County all drawings, drafts or other documents it has completed or
partially completed under this Agreement, together with all other items, materials and documents
which have been paid for by County, and these items, materials and documents shall be the
property of County. Copies of work product incomplete at the time of termination shall be marked
"DRAFT -INCOMPLETE."
Upon termination of this Agreement by County, Contractor shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any act incidental
thereto, except for compensation for work satisfactorily performed and/or materials described herein
properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by Contractor shall be the basis
for additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County
has been unjustly enriched by any additional services, whether or not there is in fact any such
unjust enrichment, shall be the basis of any increase in the compensation payable hereunder.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of
the Project, and County's acceptance of the same, County agrees to pay an amount no greater
2
than $ 136,293.33, 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.
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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 Reauirements: 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
4
shall keep the required insurance coverage in force at all times during the term of the Agreement, or
any extension thereof, and during any warranty period. The required insurance shall be
underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company
as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any
of the above -described policies by canceled or should any coverage be reduced before the expiration
date thereof, the issuing company shall send written notice to the Weld County Director of General
Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days
prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall
be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County
must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be
responsible for the payment of any deductible or self -insured retention. County reserves the right to
require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of
the deductible or self -insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Contractor/Contract Professional. The County
in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor
from liabilities that might arise out of the performance of the work under this Contract by the
Contractor, its agents, representatives, employees, or subcontractors. The Contractor is not
relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its
failure to obtain or maintain insurance in sufficient amounts, duration, or types. Any modification to
these requirements must be made in writing by Weld County.
The Contractor stipulates that it has met the insurance requirements identified herein. The
Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all
construction services provided, the timely delivery of said services, and the coordination of all
services rendered by the Contractor and shall, without additional compensation, promptly remedy
and correct any errors, omissions, or other deficiencies.
Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type
or character arising out of the work done in fulfillment of the terms of this Contract or on account of
any act, claim or amount arising or recovered under workers' compensation law or arising out of the
failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree.
The Contractor shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this Agreement
or its failure to comply with the provisions of the Agreement, or on account of or in consequence of
neglect of the Contractor in its construction methods or procedures; or in its provisions of the
materials required herein, or from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive
expiration or termination hereof. It is agreed that the Contractor will be responsible for primary loss
investigation, defense and judgment costs where this contract of indemnity applies. In
consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation
against the County its associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers for losses arising from the work performed by
the Contractor for the County. A failure to comply with this provision shall result in County's right to
immediately terminate this Agreement.
Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times
during the term of any Agreement, insurance in the following kinds and amounts:
5
Workers' Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all of the Contractor's Contract Professional's employees acting within the
course and scope of their employment. Policy shall contain a waiver of subrogation against the
County. This requirement shall not apply when a Contractor or subcontractor is exempt under
Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the
appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation)
Coverage B (Employers Liability)
Statutory
$ 500,000
$ 500,000
$ 500,000
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 equivalent,
covering premises operations, explosions, collapse and underground hazard, personal advertising
injury, fire damage, independent Contractors, products and completed operations, blanket
contractual liability, personal injury, and liability assumed under an insured contract. The policy shall
be endorsed to include 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.
Additional provisions:
Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must
provide the following:
i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or
reserved claims, Contractor shall notify County within ten (10) days and reinstate the
aggregates required;
ii. Unlimited defense costs in excess of policy limits;
iii. Contractual liability covering the indemnification provisions of this Agreement;
6
iv. A severability of interests provision;
v. Waiver of exclusion for lawsuits by one insured against another;
vi. A provision that coverage is primary; and
vii. A provision that coverage is non-contributory with other coverage or self-insurance
provided by County.
For all general liability, excess/umbrella liability, liquor liability, pollution liability and
professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or
before the contract date or the first date when any goods or services were provided to County,
whichever is earlier.
Contractors/Contract Professionals shall secure and deliver to the County at or before the time of
execution of this Agreement, and shall keep in force at all times during the term of the Agreement
as the same may be extended as herein provided, a commercial general liability insurance
policy, including public liability and property damage, in form and company acceptable to and
approved by said Administrator, covering all operations hereunder set forth in the related Bid or
Request for Proposal.
Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide
a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk
Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor
liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an
additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive
subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers
or other entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of
Contractor/Contract Professional. Contractor/Contract Professional shall include all such
subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its
policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract
Professional agrees to provide proof of insurance for all such subcontractors, independent
Contractors, sub -vendors suppliers or other entities upon request by the County.
14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or
claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign
or transfer its rights hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may
be granted or denied at the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that any duly
authorized representative of County, including the County Auditor, shall have access to and the
right to examine and audit any books, documents, papers and records of Contractor, involving all
matters and/or transactions related to this Agreement. The Contractor agrees to maintain these
documents for three years from the date of the last payment received.
7
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,
Matt LaPorte & Richard White. 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: L&M Enterprises, Inc.
Attn.: Dylan Stracker
Address: 735 E. Hwy 56
Address: Berthoud, Co. 80513
E-mail: Dylan@imenterprisesinc.com
Facsimile:970.532.5814
Coun :
Name: Richard White
Position: Project Manger
Address: 1111 H Street
Address: Greeley Co. 80634
E-mail: rdwhite@weldgov.com
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
8
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 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.
9
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(5Xc). 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. Compliance with Davis -Bacon Wage Rates. Contractor understands and agrees that, if required
by the provisions of Exhibit A, 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 A, County's Request for Proposal, and is a part this Agreement.)
10
31. Compliance with CDBG-DR General Conditions Attachment A Contractor understands and
Agrees that if required by the provisions of Appendix A, the work shall be in compliance with the
applicable GENERAL CONDITIONS and is a part of this Agreement.
32. 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.
33. 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.
34. Special Flood Provision: The successful bidder agrees that it is a • Sub -grantee" as that term is
Used and/or referred to in the Grant Agreement between the State of Colorado, Department of
Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public
Assistance FEMA-OR-4145-CO: 14-04145-011, Routing/CMS Number 63343 of the State
Contract"), approved by the Board of County Commissioners of Weld County on December 16,
2013. The successful bidder shall comply with all requirements of the Sub -grantee as stated in the
State Contract. The successful bidder also shall comply with the terms, requirements, and
conditions as they apply to the "Grantee: which are set forth in Sections 12 A and C, 13 B and C,
and Exhibit A, Exhibit B and Exhibit C of the State Contract. Furthermore, the successful bidder
shall assist Weld County in complying with the reporting requirements detailed in Section 8 of the
State Contract.
35. Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this
Agreement, with the attached Exhibits 'A' and `B', is the complete and exclusive statement of
agreement between the parties and supersedes all proposals or prior agreements, oral or written,
and any other communications between the parties relating to the subject matter of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this v day of
_, 2016.
CONTRACTO
Name:.
Title:
C-,
Date
11
WELD T,/ ;(4,
ATTEST:: .�„�,1t0
Weld u Clerk to th = Board
BY:
Deputy s rk to the B
APPROVED AS TO FUN
Contro er
APPROVED AS TO FORM:
Coun
Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
FEB 0 8 2016
PROVED AS TO SUBSTANCE:
Director of General Services
12
BID REQUEST NO. 61500196
WELD COUNTY
DEPARTMENT OF PUBLIC WORKS
CONTRACT BID DOCUMENTS
AND SPECIFICATIONS FOR PROJECT:
TRM INSTALLATION FOR EM-BR 27.5-48A (TWO RIVERS PARKWAY)
1 ,f'_'"°".�.��.
`�,
���.\ 1$�'1 f'��� i
I ' i �
GOUNTY
��9v �..�....��.�..�.a...�
December 10. 2015
Weld County Public Works
Division of Engineering
P.O. Box 758
1111 H Street
Greeley, Colorado 80632
970-304-6496
,
BID NO#B1500059
Pagei
Rose Everett
From: Dylan Stracker <dylan@Imenterprisesinc.com>
Sent: Wednesday, December 30, 2015 4:13 PM
To: b i ds
C�: 'Marissa'
Subject: TRM Installation for EM-BR27.5-48A (Two Rivers Parkway) BID SUBMITTAL
Attachments: TRM Installation for EM-BR27.5-48A (Two Rivers Parkway).pdf
Importance: H ig h
Please see attached bid proposal for the above named project from L&M ENTERPRISES, INC.
I hereby waive my right to a sealec�bad.
L&M Enterprises, Inc.
Dylan Stracker
Phone: 970.532.3706
Fax: 970.532.5814
E-Mdil: civlan a}Imenterprisesinr.cc�rn
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NOTE: The following are items of work to be completed by Weld County:
• Materials Quality Acceptance Testing
• Constructron lnspection
RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings,
Specifications and other Contract Documents
Addendum No. 4 Date: �2�Z 3� (j By: p�
AddendumNo. � Date: I�l3��(� gy; ��
Bidder agrees to perform all Work described in the Contract Documents for the unif prices as shown in the Bid
Schedule. Payment will be based on the Lump Sum price or the actual quantities Furnished, installed or
constructed.
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifrcations and special provisions set forth in the
Request for Bid for Request No. #61500196.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes.
3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying
proposal sheets.
4. The signed bid submftted, all of the documents of the Request for Bid contained herein(including, but not
limited to, product specifications and scope of services), and the formal acceptance o(the bid by Weld
County, together constitutes a coniract, with the contract date being the date of formal acceptance of the bid
by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept
the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County.
The bi� d(s}m y be awarded to more than one vendar. I
FIRM �, � ��t'rr�ncp•-���-�LgY �USTL�. �Gbp
(Please print)
BUSINESS � \
ADDRESS ��� • �� l�U DATE�Z 3o I 1
CITY, STATE, Z!P CODE JE�.n��i1� C-� �f.�S l``
r
TELEPHONE NO q7d•5��•37�� FAX Q1C).�3�.5��4TAx �o� gL{'��� ��U��]
SIGNATURE
E-MAIL � (' , (M
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CER7IFICATE OF EXEMPTION
NUMBER IS#98-03551-0000. DO NOT NEED TO SBND BACK PAGES 1 - 10.
Page� 13
BID BOND
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-�$A(TWO RIVERS PARKWAY}
KNOW ALL MEN 9Y THESE PRF_SENTS tha� L&VI Enteryri�es,Ii:c. �S
Principal, and 1 ra�;cicrs C'a�ualty au�i Surct}• Company nf tlmcrica
as Surety, are
her�6y held and�i�m�y bound unto Weld Co�nty. Colorado(hereinaFter caNed the"Owner")in the penal sum of
-- n-e percent o i amount-- pollars(S -- 5��-- ), la�,niful money of fhe lfnited
States of America,for the payment of which surn well and tndy to be made, we bind ourselves, our heirs,
executors, adrninis!rators, successors and assigns,jointly and severally, Fim�ly �o these presents.
TME CONOITION OF THIS O¢UGATiON IS SUCH, Ihat whereas tt•�e Principal has submitted lhe
accompanying Bid dafed n��embcr,i] , 2q15 for fhe TRM IN5TALLATION FOR EM-BR 27.5-48A
(7WO RIVERS PARKWAY), as set aut in the accompanying Bid.
WHEREAS, the Owner has required as a condilion for receiving said Bid that the princfpal depnsit with the Owner
either a certified check eyuivalent to not less than five percent (5°l0) of the amounl of said Bid or in lieu U�ereof
furnish a Bid Bond for said amount conditioned such thai in the evenl of failure to execute the proposed Contract
for such construction if tf�e Contract is to be awarded to him, that said sum be paid immediately lo the Owner as
liquidated darnages and not as a penalty for the principal's failure to perform.
NOW 7HEREFORE, if the principal shall, within the period specified therefore:
A On Ihe attached prescribed forms presented to him for signature, enter into a written Contract with (he
Owner in accordarce with his Bid as accepted, and give a Performance Bond with good and sufficient
sureties, as rnay be required upon fhe forms prescribed by ihe Owner for the faithiul performance and the
proper fulfillrnent of said Contracf, or
B Withdraw said Bid within the time Specified, or
C. Pay to the Owrer lhe sum determined upon herein as tiquidated damages, and �ot as a penalty, then this
obligation shall be void and of no effect,olherwise tu remain in full force and effect �
IN WITNESS WHEREOF, the above partles have executed th�s instrument undPr fheir several seals this
31st day of Deceu,6er , 2015 the name and
corporate seal of each corporate party being hereto affixed ar�d lhese presents duly signed by its undersigned
representative pursuant to authority of it eming b - d.
Princroal L c�:11 I�nterpri:es, [[ .
Address ;.35 i.Hi�;liway iG,PO IiOX�V, I3crtli �id '(�$0�1,3
ATTEST:
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58�1�1G-8�12 Prinfed ��n U-;A
LVAANI�It;.THIS POWER OF ATTORNEY IS INVALIU WITHOUT THE RED BORDER
INSTRUCTIONS
The full firm name and residence of each indrvidual party to the bond musi 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 o#icer of either the principal or
surety.
A standard printed bond form may be used in lieu of ihe foregoing form provided ihat the security stipulations
protecting the Owner are not in any way reduced by use of such standard printed bond form.
__ ___ Page� 15
�•,�, W�9 Request for Taxpayer ���e Fo�eo�►,�
°"� "`"",,,t°,�; Identification Number and Certificatlon ^°a'x6fer.Do not
1��.tr�r�n oni.�o�o„� xnd to tlx IRS.
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Enter ywr TIN In thg appropnala boH.The TffJ pro�ida�mutt match ihe name given on tlia"Nama"line s( o��•�M�+�� �
to a��dd backup�vi4hholcllnp.Fwlndiwduals,this is your social securlly number(SSN1 Howevei,fa a � —�i-1
residenl allen,sde propr4etor,or dsregarded unllty,sse the PaA I instructions m page 3 For o�hef I� I I I I I
entllies,a li your employer ldenliilwfim numher(EIN�.N you do not ha��e a number,sefe Hori lo et a ' ' -
9 I__.1_.__!__� _� L 1 _/_�--:
TfN at paqa 3.
Noto,tl the accourn is in mwe than one name,sse tha chart on page A la guidelinas on whose I Employ�r id.ntilloaian nunMr '•
number lo eniar i�--'�--� --k'--If-��-- - -'.�.. . .
��� �1.l�I�"�� l
Certification
- - ---------- ��s��_--_
undsr pona�tia,or parjury,i cortity th�t
t The numner ShOwn on thiS}prm I;my cArrAd taxpayer itleMrtir,al�on iximber(or I�m w�rtinq lor a numb6r t0 be iS;u9tl to mB),an0
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Sorvlco(IRS)that I am 5uhJecl to backup�.wtnholding as a rasull of a Wihua to repurt all intarect a di��dends.or(c)tha IR.S hnc notitied ma thot I am
��C+lOnqer Sub�ed lo badcup wlthhddng,and
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Uecause 9w have IaUod Io ropat all lrriarasl and Uivltlan03 on yGir lax rsO.im For ieal�state tronsectlais,itxn 2 doos not appry.For moif�a�a
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insiructiais on pap�3.
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l6
5TATEMENT OF QUALIFICATION5 AND SUBCONTRACTORS
�ATE OF THIS STATEMENT: 1�.( 30�.?b(�
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 b�yond
the time that this statement is submitted with the bid. This statement must be notarized. Questions may be
answered on separate aftached 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 fhe work described in the
Contract Documents wrll be awarded to the lowest reliable, responsib�e and qualified bidder as determined by the
County. The County reseives the right to waive informalities and/or irregularities and to reject any or all bids.
1. Name of Bidder ,i
(Company or Firm): �`''�� �}������ �nf,� .
2• Permanent main office address: �'3S �. �-�w� �j�s
P�c��t1-tavd �0 f��1�
�
Phone Number. _ q70• 53�•?i7f7v
Fax Number. ?0. 5�2. 5 I�-1
3• Year Company was organized: �R"iS
4. Number of years this Company has been engaged similar constructfon: �-IO
Under what firm, company or trade names has this company been engaged in this type of construction,
how long under each n me and how long has each company been bonding work?
_tJ��'1�►�r�4-er i s�s,��Nc - K ) v rars
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:
��tc, �„��.- �� $ ,�s�. G�.�. w� ► fy
5[nu r �t��r- � ��I.?OT7s5. �7 �J�11�
$
6. List all contracls which were not completed by the contracted and completion date. Include the project
descriptio�and state the number of days beyond the contract completion date.
N �
7. List all�r7tracts withrn the last 3 years for which liquidated damages were assessed or may be assessed.
1+4
8. List all contracts wlthin the last 3 years during which or after which the Company filed a protest with the
owner.
N1c�
Page� l7
9. List all contracts within the last 3 years during which or after which any of the Company's subcontractors
or suppliers filed a verrfied statement of claim with the owner or failed fo provide the Company with a lien
waiver upon reGuest.
� ��
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, paor performance on ihe projeci,
etc., or attempted to have the performance bond invoked? If yes, explain in detail.
—._�1i�r
11. Describe all contracts that the Company failed to complete.
12. Describe all contracts on which the Company defaulted or from which ths Company was terminated.
-���.
13, List all or a maximum of three (3) of the most recent projecl, 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 arriount for each project.
ProjectName: Dlt ;}
LoCafion: Lbv�a� , (� Supt�
Owner's Representative:p�V� I�oI1�i,�,SWpr'n, Pho e: '3b;. GSI� B=i�A1
Completion Date: �ar. dot3 Contract Amount:� �tS��do . •�
Project Name: - Q 5 p. —
Location: a Supt: �C
Owner's Representative: ' Pho e: o .
Completion Date:_ ,v ��OL�� Contract Amount:�. �34_ y3
__ Page � 18
Project Name: ii Y a ;
Location: vv� 5upt: i
Owner's Representative: Pho : 470. L5j. 8 SIZ !
Completion Date: �eb. .2et� Contract Amount: �54a� a�'�S. ►L �
14. List all of the subcontractors the Company intends to use under this contract, the work that each I
subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF I
REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOF2 AWARD SHALL
FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF
QUALIFICATIONS COMPLETED BY EACF! SUBCONTRACTOR WHO WILL PERFORM 15% OR
MORE OF THE WORK,
SUBCONTRACTOR �
WORK
DESCRIPTION
%OF WORK
���� ��_ `T.�� C(1t�f'1�1�1.,. 7��a
�'(�-nC�.L1 s���.��� a n�d
P�y M`�1.1. {����r� S��b rt�s�-� °
15. List the principal members of the company who will be involved with this project, including the
superintendent, foreman, project manager, etc.
NAME TITLE YRS. EXP
�i�S�t.y �C6o '��Sll�t.�n�- ��
��V�o�C, Dk r�� '�dc-- �� I
�-`��
;�1�J�S T�1C.✓1�A�. TVV?_V.ti..� �_
16 List all lawsuits previously filed against or currently pending against you, the Company or any offir,ers of
the Company.
���
Page � 19
The undersigned hereby swears and affirms that the information contained herein is complete and frue
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___ Q 1M�� , 2015.
Bidder:��,� � `(\-�2...� ��C._,
Company
By' --_—�
Signatur
Name: �S�S �VO
(Please Type J
Title: '�S��
NOTARY �
County of ,� ��,� {(�tQif )
n , ss.
5tate of W _�
uS� a � � being duiy sworn,
deposes and says that he is �r'�5 ) C1'Q_n� of
� (Title)
��'�� �_ �,'���''�� �S.�(�•, and that the answers to the foregoing questions and all
(Compa yta Name) '
statements therein contarned are true and correct. Subscribed and sworn before me this��,day of����c �'�L1Q,Y^
, 2015.
DON SHAW
OTARY PUBLIC
�S�� E OF COlORA0Q
NOTARY ID 201U403S88Q
C0MMISSI0N EXPIRES JAN,06,.2019 •
O 1—�5- o�O I �'R c�„� _. .
Commission Expires
Notary Public
Page � 20
CONTRACT�RISUBCONTRACTOR CERTIFICATIQNS
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A lTWO RIVERS PARKWAY)
Grantee must require that prospective bidders complete and incorporate the following certifications as
part of their bid submittal package.
EQUAL EMPLOYMENT OPPORTUNITY-EXECUTiVE ORDER 11246
SECTION 3&SEGREGATED FACILITIES CERTIFICATION
NON-COLLUS►ON AFFIDAVIT OF PRIME CONTRACTOR
�
SP-77
CERTIFICATlON OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY
PROJECT: TRM INSTALLATlON FOR EM-BR 2T.5-48A(TWO RIVERS PARKWAY)
INSTRUCTIONS
This ce�tification is requfred pursuant to Executive Order 11246(30 F.R. 12319-25). The implementing
rules and regulations provide that any bidder or prospective contractor, or any of iheir proposed
subcontractors, shall state as an initial part of the bid or negotiations of the contract whether it has
participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so,
whether it has filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder has not filed a compliance report due under applicable
instructions, such bidder shall be required to submit a compliance report wlthin seven calendar days after
bid opening. No contract shall be awarded unless such a report is submitted.
t--�i �`� ��C��n Se S S-�.� �,
CE TIFICATION BY BIDdER
�O' —"� "�' "at"-'' �' `�"`� � �vc� �
NAME AND ADDRESS OF BIDDER(Include Z(P Code)
1. Bidder has participated in a previous contract or subcontractor subject to the Equal Opportunity
Claus�
Yes No
2. Compliance reports were required to be completed in connection with such contract or
subcontract.
✓ Yes No
3. Bidder as filled all compliance reports due under applicable instructions.
Yes No
4. Have you ever been or are you being considered for sanctian due to violation of Executive Order
11246, as amended.
Yes � No
NA E LE OF SIGNER eas type}
, .- ' �� � Z � ----�
G A RE DAT
S P-78
CERTIFICATION OF CONTRACTOR REGARDING SECTIQN 3 AND SEGREGATED FACILITIES
PROJECT: TRM INSTALLATION FOR EM-BR 27 5-48A(TWO RIVERS PARKWAYj
� �I�-�IZ Z.�1 -;-�I �
Name of Contractor or 5ub- ontractor Project Name and Number
The undersigned hereby certifies that:
(a) Section 3 provisions are included in the Contract ii this is a Section 3 project.
(b) No segregated facilities will be maintained as required by Title VI of the Civil Rights Act of
1964.
I�,t��11�S t�Clo a'e.S �l
e and Title of Signer(Type of-Print)
.�
C~- )�3°�(�
Signature Date �
SP-79
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
PROJECT: TRM INSTALLATION FOR EM-BR 27.5-48A(TWO RIVERS PARKWAY)
State of-���� �
County of ( �(_{�Q!✓ )ss.
�� 4l� r��,�C..ClC5 being first duly sworn, deposes and says that:
(1) He is _ ��'��-�Q�� of
�� � -�Y\�C ��i ,the Bidder that has submitted the
attached 8id;
(2) He is fully informed respecting the preparation and contents of the atfached Bid and of all
pertinent circurnstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this a�ned, has in any way colluded, conspired,
connived or agreed directly or indirectly with another Bidder, firm or person to submit a collusive
or sham Bid in connection with the Contract for which the attached Bid has been submitted or to
refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly,
sought by agreement or collusion or communication or conference with any other Bidder, firm or
person to fix the price or pnces in the attached Bid or of any ather Bidder, or to fix an overhead,
profit or cost element of the Bid priee of any other Bidder, or to secure through any collusion,
conspiracy, connivance or unlawful agreement any advantage against the (Locaf Public Agency)
or any person interesfed in the proposed Contract;and
(5} The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the parl of the Bidder or any of its
agents, representatives, owners, employees, or parties in interest, inclu ' g is affined,
__�,
(Signed) - _
r�ti� S
Subscribed ar7d sworn to me this
_�_ J v day o �2.! ' , 2015
� - �c DONNA BRADSHAW
d NOTARY PUBLIC
Notary Public STATE OF COLORADO
NOTARY ID 201040a5960
My Commission expires: O�— �S—�C� I� COMMIS51ON EXPIRES JAN 05,2019
SP-8O
Section 3 Certifications
PROJECT: TRM INSTALLATI�M FOR EM-BR 27.5-48A lTWO RIVERS PARKWAY)
This section shouid be included in all Section 3 covered contracts. The CDBG Program will notify
those grantees who have Section 3 covered activities. Delete this section and the Section 3 forms
if not applicable.
THIS PROJECT IS IN WHOLE OR IN PART FEDERALLY FUNDED AND THE SUCCESSFUL BIDDER
WILL BE REQUIRED TO ADHERE TO SECTION 3 PROVISIONS
DOLA will monitor compliance with such provisions and standards for We/d Countv. The successful
bidder will be required to complete the following forms in order to comply. A brief explanation of the form
and when the form is to be submitted to DOLA is listed below. Should you have any questions concerning
Section 3 or the forms to be submitted, please feel free to contact the DOLA CDBG Program Coordinator.
SP-8l
MEMORANDUM
Date: January 12, 2015
To: Trevor Jiricek, Director of General Services
From: Richard White, Don Dunker
RE: Bid Request No. B1500196
BOCC Approval Date Jfrittiarrit872171r
Bids were received for flood project EM-BR27.5/48A (Two Rivers Parkway), on December 30, 2015 for
contracted installation of TRM along flood damaged portions of Two Rivers Parkway between CR 48.5
and CR 50. The bids ranged from $136,293.33 to $189,515.50. The low bid was submitted by L&M
Enterprise, Inc. of Berthoud Colorado. The submitted bid was reviewed for errors and completeness; the
references provided positive feedback on this contractor. This project is one of the few remaining 2013
flood recovery projects and is eligible for reimbursement from FHWA and CDBG flood recovery
funding.
It is staff's recommendation to award the construction contract to L&M Enterprise Inc. for a total
amount of $136,293.33. This contractor has completed similar work for Weld County in the past with
success. Construction of the project is anticipated to take place approximately February, 2016 or when
the frost is out of the ground.
&ob73
WELD COUNTY PURCHASING
1150 O Street Room 107, Greeley CO 80631
E -Mail: mwaltersaco.weld.co.us
E-mail: reverettaco.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: DECEMBER 31, 2015
REQUEST FOR: PERMANENT FLOOD REPAIR - TWO RIVERS PARKWAY (EM -BR 27.5-48A)
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #61500196
PRESENT DATE: JANUARY 4, 2016
APPROVAL DATE: 016
bflk1-o
VENDORS
L & M ENTERPRISES INC
PO BOX W
BERTHOUD CO 80513
ALL COWBOY EROSION CONTROL
18277 CR 22
FORT LUPTON CO 80621
WESTERN STATES RECLAMATION INC
3756 IMPERIAL ST
FREDERICK CO 80516
ENGINEER'S ESTIMATE - $154,275.00
TOTAL COST FOR
TRM INSTALLATION
$136,293.33
$154,452.00
$189,515.50
0731Le-CA3
r. (`� tOrr-1
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