HomeMy WebLinkAbout20142218.tiff �861 MEMORANDUM
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r Pry TO: Clerk to the Board DATE: July 31, 2014
— CdUNTY
FROM: Cameron Parrott, Public Works Department
SUBJECT: BOCC Agenda Item
Bid No. B1400119
Agreement for Construction Services with Interstate Highway Construction, Inc. for the WCR
22/49 Intersection Improvement Project.
Attached are two duplicate original Agreements. Please return one signed original to Public
Works.
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WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
WELD COUNTY ROAD 22/49 INTERSECTION IMPROVEMENT PROJECT
THIS AGREEMENT is made and entered into this 23`d day of July ,2014,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 1 150"O" Street,Greeley,Colorado 80631 hereinafter referred
to as "County," and Interstate Highway Construction, Inc. , [an individual], [a limited liability
partnership] [a limited liability company] [a corporation] whose address is 7135 S. Tucson Way, P.O.
Box 4356, Englewood, CO. 80155 , hereinafter referred to as "Contractor".
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.
Exhibit A consists of County's Request for Bid as set forth in "Bid Request No. B1400119".
The bid contains all of the specific requirements of County.
Exhibit 13 consists of Contractor's Response to County's Request for Bid. The Response
confirms Contractor's obligations under this Agreement.
WITNESSETH:
WHEREAS,WELD COUNTY ROAD 22/49 INTERSECTION IMPROVEMENT PROJECT is
in need of construction services, (hereinafter referred to as the "Project", and
WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the
repair of this road OR bridge, and
WHEREAS, County requires an independent contract construction professional to perform the
Construction Services required by County and set forth in Exhibit A; and
WHEREAS,Contractor is willing to perform and has the specific ability to perform the required
Construction Services at the cost specifically set forth in Exhibit B:
NOW,THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Components of Agreement: 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.Contractor acknowledges that Exhibit A
contains highly important forms and/or documents, some of which must be completed subsequent to the
execution of this Agreement, and further acknowledges that those forms requiring completion by
Contractor shall be completed to the satisfaction of County at the time and in the manner required by
County.Contractor further acknowledges that a failure to comply with any of the requirements of Exhibit
A and B may result in County's decision to withhold payment.
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2. Work to be Performed. Contractor, under the general direction of, and in coordination
with,the Weld County Director of Public Works or other designated supervisory personnel,(the"Project
Manager"),agrees to perform the services described on attached Exhibits A and B.Contractor agrees that
during the term of this Agreement, it shall fully coordinate its construction services with County and/or
any other person or firm under contract with the County doing work or providing services which affect
Contractor's services. Contractor shall faithfully perform the work in accordance with the standards of
professional care, skill, training, diligence and judgment provided by highly competent contractors
performing construction services of a similar nature to those described in this Agreement.Contractor shall
further be responsible for the timely completion, and acknowledges that a failure to comply with the
standards and requirements of Exhibits A and B within the time limits prescribed by County may result in
County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the execution of this
Agreement by County,and shall continue through and until Contractor's completion of the responsibilities
described in Exhibits A and B.
4. 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 not to
exceed the amount of$ 5,998,294.53 , set forth in Exhibit B. Contractor acknowledges no additional
payment 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.
5. Additional Work. In the event the County shall require changes in the scope,character,or
complexity of the work to be performed, and said changes cause an increase or decrease in the time
required or the costs to the Contractor for performance, an equitable adjustment in fees and completion
time shall be negotiated between the parties and this Agreement shall be modified accordingly by a
supplemental Agreement. Any claims by Contractor for adjustment hereunder must be made in writing
prior to the performance of any work covered in the anticipated supplemental Agreement. Any change in
work made without such prior supplemental Agreement shall be deemed covered in the compensation and
time provisions of this Agreement.
6. Independent Contractor. Contractor agrees that it is an independent contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to any
employee benefits from County as a result of the execution of this Agreement.Contractor shall perform its
duties hereunder as an independent contractor.Contractor shall be solely responsible for its acts and those
of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees
and agents are not entitled to unemployment insurance or workers' compensation benefits through County
and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or
employees. Unemployment insurance benefits will be available to Contractor and its employees and
agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when
due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred
B1400119
pursuant to this Agreement.Contractor shall not have authorization,express or implied,to bind County to
any agreement,liability or understanding,except as expressly set forth in this Agreement.Contractor shall
have the following responsibilities with regard to workers' compensation and unemployment
compensation insurance matters:(a)provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law (and as set forth in Exhibit A), and (b) provide
proof thereof when requested to do so by County.
7. 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.
8. Termination Provisions.
A. 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 Project Manager.
B. 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 Manager approves in writing which he 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,
C. 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.
D. 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.
9. 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 shall faithfully perform the work in accordance
with the standards of care, skill, training, diligence and judgment provided by highly competent
individuals and entities that perform services of a similar nature to those described in this Agreement.
Contractor further represents and warrants that:
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A. All construction services shall be performed by qualified personnel in a professional and
workmanlike manner, consistent with industry standards.
B. All construction services will conform to applicable specifications.
In addition to the foregoing warranties, Contractor is aware that all work performed on this Project
pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct
any failures or deficiencies. This warranty shall commence on the date of County's final inspection and
acceptance of the Project.
10. 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 and incidental material(s) 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.
11. Insurance and Indemnification. Contractor stipulates that it has met the insurance
requirements identified in Exhibit A.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 Contractor and shall,without additional compensation,promptly
remedy and correct any errors, omissions, or other deficiencies. Contractor shall defend, indemnify and
save harmless County,its officers,agents,and employees,from and against injury,loss damage,liability,
suits,actions,or claims of any type or character brought because of Contractor's acts,errors or omissions
in seeking to perform its construction obligations under this Agreement. 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 Contractor in its construction methods
or procedures; or in its provisions of the materials required herein, or through use of unacceptable
materials and/or materials not identified in Exhibits A and B; or from any claims or amounts arising or
recovered under the Worker's Compensation Act,or other law,ordinance, order,or decree. County may
retain as much of any moneys due Contractor under any this Agreement as may be determined by it to be
in the public interest. By execution of this Agreement, Contractor has agreed to secure and maintain the
insurance required by the terms of Exhibit A. A failure to comply with this provision shall result in
County's right to immediately terminate this Agreement.
12. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest
therein or claim there-under,without the prior written approval of County.Any attempts by 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.
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13. Time of the Essence. Time is of the essence in each and all of the provisions of this
Agreement.
14. Examination of Records. Contractor agrees that any duly authorized representative of
County, including the County Auditor, shall, until the expiration of five(5)years after the final payment
under this Agreement,have access to and the right to examine and audit any books,documents,papers and
records of Contractor, involving all matters and/or transactions related to this Agreement.
15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such
failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires,
strikes, war, flood, earthquakes or Governmental actions.
16. Notices. Any notice required to be given under this Agreement shall be in writing and shall
be mailed or delivered to the other party at that party's address as stated above. County may designate,
prior to commencement of work, its project representative ("County Representative") who shall make,
within the scope of his or her authority,necessary and proper decisions with reference to the project. All
requests for contract interpretations,change orders,and other clarification or instruction shall be directed
to County Representative. The County Representative for purposes of this Agreement is hereby identified
as, Director of Weld County Department of Public Works, or his designee.
17. Compliance with Law. Contractor shall strictly comply with all applicable federal and
State laws, rules and regulations in effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or
use other contractors or persons to perform services of the same or similar nature.
19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the subject
matter contained in this Agreement. This instrument supersedes all prior negotiations, representations,
and understandings or agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both parties.
20. Fund Availability. Financial obligations of the County payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Execution of this Agreement by County does not create an obligation on the part of County to
expend funds not otherwise appropriated in each succeeding year.
21. Employee Financial Interest/Conflict of Interest—C.R.S.§§24-18-201 et seq.and 624-
50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property which is the subject
matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect,that
would in any manner or degree interfere with the performance of Contractor's services and Contractor
shall not employ any person having such known interests. 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
B1400119
termination of this Agreement.No employee of Contractor nor any member of Contractor's family shall
serve on a County Board, committee or hold any such position which either by rule, practice or action
nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor.
22. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision,to the extent that this Agreement is then capable of execution within the
original intent of the parties.
23. Governmental Immunity. No term or condition of this contract shall be construed or
interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protections or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or
hereafter amended.
24. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of
the terms and conditions of this Agreement,and all rights of action relating to such enforcement,shall be
strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or
right of action whatsoever by any other person not included in this Agreement. It is the express intention
of the undersigned parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
25. Board of County Commissioners of Weld County Approval. This Agreement shall not
be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado.
26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees
that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
27. Public Contracts for Services C.R.S. 48-17.5-101. Contractor certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under
this Agreement and shall confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement through participation in the E-
Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c),Contractor shall not
knowingly employ or subcontract with an illegal alien to perform work under this Agreement or enter into
a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor(a)
shall not use E-Verify Program or State program procedures to undertake pre-employment screening of
job applicants while this Agreement is being performed, (b) shall notify the subcontractor and County
within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with
an illegal alien for work under this Agreement,(c) shall terminate the subcontract if a subcontractor does
not stop employing or contracting with the illegal alien within three days of receiving the notice, and(d)
shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to CRS
§8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the
State program,Contractor shall deliver to County,a written,notarized affirmation,affirming that County
has examined the legal work status of such employee,and shall comply with all of the other requirements
of the State program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-
101 et seq., County may terminate this Agreement for breach and, if so terminated, Contractor shall be
B1400119
liable for damages.
28. 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.
29. Compliance with Davis-Bacon Wage Rates. N/A.
30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of
attorney fees and/or legal costs incurred by or on its own behalf.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of
, 2014.
CONTRACTO Int rstate Highway Construction, Inc.
By: Date: July 25, 2014
Name: Randall
Title: President
WELD COUNTY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
/
ATTEST: c cpe(/.Qhy _
Dougla RademacTr;Chair AUG 0 4 2014
W tLL AI &I`C Jd /,
a s 11~^,. /O)
Weld County Clerk to the Board ' .-may
144;P{�
1461 '�,�kJ�
Deputy Cler o the Board (�b1(1 � .,�
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B1400119
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• •
RESOLUTION
RE: ACTION OF BOARD CONCERNING WAIVER OF TEN-DAY WAITING PERIOD FOR
CONSIDERATION AND INVESTIGATION OF BID #61400119, IMPROVEMENTS TO
THE INTERSECTION OF COUNTY ROADS 22 AND 49 - DEPARTMENT OF PUBLIC
WORKS
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, the Department of Purchasing has requested waiver of the ten-day waiting
period for Bid Request #61400119, Improvements to the Intersection of County Roads 22 and
49, for the Department of Public Works, due to grant funding deadlines, and
WHEREAS, the Board of County Commissioners deems it advisable to waive the
ten-day waiting period for said bid.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the ten-day waiting period for Bid Request #61400119,
Improvements to the Intersection of County Roads 22 and 49, for the Department of Public
Works, be, and hereby is, waived.
BE IT FURTHER RESOLVED by the Board that the low bid from Interstate Highway
Construction, Inc., in the amount of $5,998,294.53, be, and hereby is, accepted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of July, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: yy.
JCL; s Rademac c�r
• _ D`o �s Rademac er, Chair
Weld County Clerk to the Board ��E
La
• ,p►� =bara Kirkm yer, Pr -Tern
BY: 1� l ! ' 11�r . . 1 {, ,...�.�
'kV
De y Clerk the Boa «� } %r� .. CUSED
r .n P. Conway
APP ED A8 ORM: O t > 'erns_
1 -i�+as.--=
Mike Freeman
Cou ty A torney
dli F. Garcia
a
Date of signature: 8l yl,9'
CC: Pu(mW, Rsv3(t G>615(13) 2014-2218
5 Zoiq EG0070
PU0016
�i MEMORANDUM
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) E' Date: July 21,2014
C O U N T Y To: Trevor Jiricek, Director of General Services
From: Cameron Parrott, P.E., Senior Engineer
RE: Bid Request No. B1400119
BOCC Emergency Bid Approval
Bids were received and opened on July 21, 2014 for contracted construction of the Weld County Road 49
and 22 Intersection Improvement Project. Four bids were received ranging from $5,998,294.53 to
$6,773,315.50 with the lowest bid submitted by Interstate Highway Construction, Inc. out of Englewood,
Co. The Engineer's Estimate for this work was $6,065,000.00. Weld County will be receiving grant
funds from DOLA in the amount of$1,000,000.00 associated with this construction project.
The submitted bids have been reviewed for errors and completeness. There were no errors found in any
of the submitted bids. The bid tabulation has been attached for your information.
In order to comply with grant finding deadlines attached to this project, staff is asking for an emergency
present/award bid approval process. Staff recommends awarding the construction contract to Interstate
Highway Construction, Inc. for a total amount of $5,998,294.53. Interstate Highway Construction,
Inc. is a heavy-highway contractor who has completed many transportation projects, and are well
qualified for this project. If this bid is approved by the BOCC on July 23rd, construction will commence
in August, 2014. Construction of this project is scheduled to take 90 calendar days to complete.
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