HomeMy WebLinkAbout20143259.tiff 186= MEMORANDUM
f�0'SZ`
TO: Esther Gesick, CTB DATE: October 27, 2014
G d u N T Y FROM: Clay Kimmi, P.E., CFM, Public Works
SUBJECT: Contract for St.Vrain Flood Repair Project
Attached are 3 original contracts. Please place the attached agreement on the BOCC Agenda. Please
return a copy of the agreement to me so I can forward to the contractor.
The BOCC approved the emergency award of this contract to Defalco Construction on Wednesday,
October 22, 2014. The contractor has signed the contract and has provided a performance bond, a labor
bond, and a certificate of insurance listing Weld County and the State of Colorado as additional insured
parties. The BOCC is asked to sign this contract so the flood repair work can be started as soon as
possible. The contractor is trying to complete the paving on one of the flood repair sites(34-17A) before
the weather gets too cold to pave.
I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding
this agreement.
an4tAnt a C:P1a(CK/FC) 7/o
i0-a9-mil •
Page:1 of 1 r
M V Clay\2013 Flood ASt Vow,AContract DOGSVContract& Vi Flood Ngs.i-'..,...cu ^-r.-,uOCC.doce a0 -3254
EG0070
*** * *** ** *IMPORTANT** *** * * * * *
Please note that we have not dated the bonds or the Powers of Attorney. The copy of
the contract we received was not dated, and as the bonds guarantee the contract they
should not be dated prior to the contract date. We would not want this technicality to
impede upon your rights to claim under the bond, should such a circumstance arise.
Please accept this letter as authorization to date the enclosed Bonds and Powers of
Attorney concurrently with the contract date. If you should have any questions
regarding this letter, please feel free to contact our office. Thank you
WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY& DEFALCO CONSTRUCTION COMPANY
PERMANENT FLOOD REPAIRS FOR PERMANENT FLOOD REPAIR PROJECTS IN THE ST. VRAIN
BASIN AT EM-BR19.5-36A, EM-BR34-17A, EM-20.5-3B, EM-BR20.5-5.0, and EM-BR16.5-1B
gqAER
THIS AGREEMENT is made and entered into thisOc / day of Oobber , 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 1150"0" Street, Greeley, Colorado 80631 hereinafter referred to as"County,"
and Defalco Construction Company, [an individual], [a limited liability partnership] [a limited liability company] [a
corporation], who whose address is P.O. Box 820, Longmont, CO 80502, 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"Project", and
WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the
permanent repair of this road and/or bridge, and
WHEREAS, County requires an independent contract construction professional to perform the
construction services required by County and set forth in the Contract Bid Documents and Specifications for Bid
No. 1400180 hereinafter referred to as "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 the Contractor's response the Bid No. 1400180 hereinafter
referred to as"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. B1400180". 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 Exhibits 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 Exhibits A within the time limits prescribed by County
may result in County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County,
and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B.
Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County
from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty
(30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew
this Contract.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days
written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach
of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to
provide materials (or services) under this Agreement beyond the time when such materials (or services) become
unsatisfactory to the County.
If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be
limited to, ( 1 ) the sum of the amounts contained in invoices which it has submitted and which have been approved
by the County; (2) the reasonable value to County of the materials which Contractor provided prior to the date of
the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the
County approves in writing which it determines is needed to accomplish an orderly termination of the work.
County shall be entitled to the use of all material generated pursuant to this Agreement upon termination.
Upon termination. County shall take possession of all materials, equipment, tools and facilities owned by County
which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all
drawings, drafts or other documents it has completed or partially completed under this Agreement, together with
all other items, materials and documents which have been paid for by County, and these items, materials and
documents shall be the property of County. Copies of work product incomplete at the time of termination shall be
marked "DRAFT-INCOMPLETE."
Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the
County by reason of such termination or by reason of any act incidental thereto, except for compensation for work
satisfactorily performed and/or materials described herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by Contractor shall be the basis for additional
compensation unless and until Contractor has obtained written authorization and acknowledgement by County for
such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional
services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the
compensation payable hereunder. In the event that written authorization and acknowledgment by the County for
such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's
rights with respect to such additional services shall be deemed waived and such failure shall result in non-
payment for such additional services or work performed.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the
Project, and County's acceptance of the same, County agrees to pay an amount no greater than $toc e “; ,b-, 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.
If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines
that any payment made by County to Contractor was improper because the material/service/equipment for which
payment was made did not perform as set forth in this Agreement, then upon written notice of such determination
and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon
termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be
returned to County.
County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be
solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the
terms of this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this
Agreement after. nor shall any payments be made to Contractor in respect of any period after December 31 of
any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of
County Commissioners in compliance with 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)
Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's
7. p 9 p
officers, agents or employees will not become employees of County, nor entitled to any employee benefits from
County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an
independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees
for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through County and County shall not pay for or
otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance
benefits will be available to Contractor and its employees and agents only if such coverage is made available by
Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and
local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization,
express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in
this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and
unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A), and (b)
provide proof thereof when requested to do so by County.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon
the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor
agreements for the completion of this Project without County's prior written consent, which may be withheld in
County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel
assigned to the subject Project during the performance of this Agreement and no personnel to whom County has
an objection , in its reasonable discretion, shall be assigned to the Project. Contractor shall require each
subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to
be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and
responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not
the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and
Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its
agents, employees and subcontractors.
9. Ownership. All work and information obtained by Contractor under this Agreement or individual work
order shall become or remain (as applicable) , the property of County. In addition, all reports, data, plans,
drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test
results and all other tangible materials obtained and/or produced in connection with the performance of this
Agreement, whether or not such materials are in completed form , shall at all times be considered the property of
the County. Contractor shall not make use of such material for purposes other than in connection with this
Agreement without prior written approval of County.
10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from
the main bid submittal, clearly denoting in red on the financial information at the top the word , "CONFIDENTIAL."
However. Contractor is advised that as a public entity, Weld County must comply with the provisions of C. R.S. 24-
72-201 , et seq. , with regard to public records, and cannot guarantee the confidentiality of all documents.
Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell,
assign, distribute.. or disclose any such confidential information to any other person or entity without seeking
written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the
confidential and proprietary nature of this confidential information and of the restrictions imposed by this
agreement.
11 . Warranty. Contractor warrants that construction services performed under this Agreement will be
performed in a manner consistent with the professional construction standards governing such services and the
provisions of this Agreement. Contractor further represents and warrants that all construction services shall be
performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards,
and that all construction services will conform to applicable specifications.
In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this
Agreement is subject to a one year warranty period during which Contractor must correct any failures or
deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the
Project.
12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County
originals of all test results, reports, etc. , generated during completion of this work. Acceptance by County of
reports, incidental material(s) . and structures furnished under this Agreement shall not in any way relieve
Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any
action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement
or default which may then exist on the part of Contractor, and County's action or inaction when any such breach
or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such
breach or default. No assent. expressed or implied, to any breach of any one or more covenants, provisions or
conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the
County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of
any of the County's rights under this Agreement or under the law generally.
13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must
secure, at or before the time of execution of any agreement or commencement of any work , the following
insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract
Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or
any extension thereof, during any warranty period, and for six (6) years after termination of the Agreement. The
required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A. M.
Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating `Should any
of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof,
the issuing company shall send written notice to the Weld County Director of General Services by certified mail,
return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction
unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of
a deductible or self-insured retention, County must be notified by the Contractor/Contract Professional.
Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention.
County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in
the amount of the deductible or self-insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do
not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the
minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the
performance of the work under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain
higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations
assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts,
duration, or types. The Contractor/Contract Professional shall maintain, at its own expense, any additional kinds
or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any
modification to these requirements must be made in writing by Weld County.
The Contractor stipulates that it has met the insurance requirements identified herein . The Contractor shall be
responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the
timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without
additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
Indemnity: The Contractor shall defend , indemnify and hold harmless County, its officers, agents, and
employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising
out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any
statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any
and all injuries or damage received or sustained by any person, persons, or property on account of its
performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of
or in consequence of neglect of The Contractor in its construction methods or procedures; or in its provisions of
the materials required herein, or from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order. or decree. This paragraph shall survive expiration or
termination hereof. It is agreed that the Contractor will be responsible for primary loss investigation, defense and
judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the
Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities,
successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from
the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's
right to immediately terminate this Agreement.
Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of
any Agreement. insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of
the Contractor's Contract Professional's employees acting within the course and scope of their employment.
Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a
Contractor or subcontractor is exempt under Colorado Workers' Compensation Act. , AND when such Contractor
or subcontractor executes the appropriate sole proprietor waiver form .
Minimum Limits:
Coverage A (Workers' Compensation) Statutory
Coverage B (Employers Liability) S 500, 000
$ 500,000
$ 500,000
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering
premises operations. explosions, collapse and underground hazard, personal advertising injury. fire damage.
independent Contractors, products and completed operations. blanket contractual liability, personal injury, liability
assumed under an insured contract (including defense costs assumed under contract, designated construction
projects(s) general aggregate limit. ISO CG 2503 or equivalent additional insured—owners, lessees or
Contractor's endorsement, ISO Form 2010 or equivalent, additional insured—owners, lessees or Contractor's
endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured
language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent,
associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities
performed by, or on behalf of the Contractor, including completed operations" and the minimum limits must be as
follows:
$ 1 .000,000 each occurrence:
$2,000,000 general aggregate;
$2,000,000 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 reduce by twenty-five percent (25%) or more by paid or reserved claims,
Contractor shall notify County within ten ( 10) days and reinstate the aggregates required;
ii. Unlimited defense costs in excess of policy limits;
iii. Contractual liability covering the indemnification provisions of this Agreement;
iv. A severability of interests provision;
v. Waiver of exclusion for lawsuits by one insured against another:
vi. A provision that coverage is primary: and
vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by
County.
For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability
policies, if the policy is a claims-made policy, the retroactive date must be on or before the contract date or the first
date when any goods or services were provided to County, whichever is earlier.
Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of
this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be
extended as herein provided, a commercial general liability insurance policy, including public liability and property
damage, in form and company acceptable to and approved by said Administrator, covering all operations
hereunder set forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate
of insurance. a policy, or other proof of insurance as required by the County's Risk Administrator in his sole
discretion.
Additional Insureds : For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and
inland marine, Contractor/Contract Professional's insurer shall name County and the State as additional
insureds on the Commercial General Liability Policies (leases and construction contracts require additional
insured coverage for completed operations on endorsements CG 2010 11 /85, CG 2037 , or equivalent.
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.
A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage :
Professional Liability: Contract Professional shall maintain limits of $ 1 ,000, 000 for each claim , and $2 , 000, 000
aggregate limit for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable,
for damage sustained by reason of or in the course of operations under this Contract resulting from professional
services provided by the Contractor as part of the Contract.
14. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights
hereunder without such prior approval by County shall . at the option of County. automatically terminate this
Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and
absolute discretion of County.
15. Examination of Records. Contractor agrees that any duly authorized representative of County,
including the County Auditor, shall , until the expiration of five (5) years after the final payment under this
Agreement. have access to and the right to examine and audit any books, documents, papers and records of
Contractor, involving all matters and/or transactions related to this Agreement.
16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure
to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause
beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or
Governmental actions.
17 . Notices. County may designate, prior to commencement of work, its project representative ("County
Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with
reference to the project. All requests for contract interpretations, change orders, and other clarification or
instruction shall be directed to County Representative. The County Representative for purposes of this Agreement
is hereby identified as. 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
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: h LL0 Cc*j5YRUGT10t
Attn. : President, AorHoNy J. DerALco
Address: Po BZO
Address: Lor.t.,MoiJ co AnSoZ
E-mail: Tot1/41y@kfi L.c6Cl5T,eocr,aJ •cow
Phone: 3G3.6si . (100
Facsimile: 303.65 Lit 7/
With copy to:
Name:
Position :
Address:
Address:
E-mail:
Phone:
Facsimile:
County:
Name: Clay Kimmi
Position : Senior Engineer
Address: PO Box 758
Address: 1111 H St, Greeley, CO 80632-0758
E-mail: ckimmi@co.weld.co.us
Phone: 970-304-6496 x 3741
Facsimile: 970-304-6497
18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules
and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and
unfair employment practices.
19. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
Contractors or persons to perform services of the same or similar nature.
20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement
may be changed or supplemented only by a written instrument signed by both parties.
21 . Fund Availability. Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of
this Agreement by County does not create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The
signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or
beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has
no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with
the performance of Contractor's services and Contractor shall not employ any person having such known
interests. During the term of this Agreement, Contractor shall not engage in any in any business or personal
activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict
with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with
this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of
Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such
position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or
authorizes funding to Contractor.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such
provision, to the extent that this Agreement is then capable of execution within the original intent of the parties.
24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied. of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24- 10- 101 et seq. , as applicable now or hereafter amended.
25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in this Agreement. It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until
it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall
be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In
the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have
exclusive jurisdiction to resolve said dispute.
28. Public Contracts for Services C.R.S. §8-17.5-101 . Contractor certifies. warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor
will confirm the employment eligibility of all employees who are newly hired for employment in the United States to
perform work under this Agreement, through participation in the E-Verify program of the State of Colorado
program established pursuant to C. R. S. §8- 17.5-102(5)(c) . Contractor shall not knowingly employ or contract with
an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to
certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement. Contractor shall not use E-Verify Program or State of Colorado program procedures
to undertake pre-employment screening or job applicants while this Agreement is being performed. If Contractor
obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly
employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3)
days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien
and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien
within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the
subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted
with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to 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.)
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-DR-4145-CO:
14-D4145-011 , Routing/CMS Number 63343 ("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.
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.
la-rn
IN WITNESS
ESS WHEREOF, the parties hereto have signed this Agreement this/` day of
Ocio e , 2014.
CONTRACTOR:
I GALco CoMSTRuc1io9Co•
By: Date /DAVY
Name: krriiouy (1• ..FLco
Title: 1j76N7
WELD COIr
ATTEST: J 6. •' r!.'.,. .1,' /I� BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the B• ' \` WJ WELD COUNTY, COLORADO
rot:1/42
BY14�Y Ut 11 L ' +� �'�' r dem IA1.9(r
D puty Clerk to the Bo:r ,r ? .�IT.1�..las 5[ademacher, •hair OCT 2 9 2014
APPROVED AS TO FUNDING: APPROVED S TO SUBS ANCE:
Controller El a icial or ep me ad
Direct r of eneral Services
Iorney0F0RM
S
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 44. Life/Health Protection
2. Definitions 45. Subcontracts
3. Additional Instructions and Drawings 46. Interest/Congressmen
4. Shop or Setting Drawings 47. Other Prohibited Interests
5. Materials, Service, Facilities 48. Use Prior to Acceptance
6. Contractor's Title to Materials 49. Photographs
7. Inspection/Testing of Materials 50. Suspension of Work
8. "Or Equal" Clause 51 . Minimum Wages
9. Patents 52. Underpayment of Wages
10. Surveys, Permits and Regulations 53. Fringe Benefits
11 . Contractor's Obligations 54. Overtime Compensation
12. Weather Conditions 55. Apprentices
13. Protection of Work and Property - 56. Section 3
Property---Emergency 57. Employment Prohibited
14. Inspection 58. Anti-Kickback Act
15. Reports, Records and Data 59. Classifications Not Listed
16. Superintendence by Contractor 60. Benefits Not Expressed
17. Changes in Work 61 . Posting of Wage Rates
18. Extras 62. Complaints or Testimony
19. Time for Completion and Liquidated 63. Claims and Disputes
Damages 64. Questions Re: Regulations
20. Correction of Work 65. Payrolls and Records
21 . Subsurface Conditions-Different 66. Specific Coverage
22. Claims for Extra Cost 67. Ineligible Subcontractors
23. Owner Termination of Contract 68. Provisions to be Included
24. Construction Schedule/Periodic 69. Breach of Labor Standards
25. Payments to Contractor 70. Employment Practices
26. Final Payment as Release 71 . Contract Termination: Debarment
27. Payments by Contractor 72. Public Contract for Services — Employment
28. Insurance Eligibility Verification
29. Contract Security 73. Subcontracting with Small and Minority Firms,
30. Additional or Substitute Bond Women's Business Enterprise, and Labor
31 . Assignments Surplus Area Firms
32 . Mutual Responsibility of Contractors 74. HUD 4010 Form , Labor Standards Provisions
33. Separate Contractors
34. Subcontracting
35. Architect/Engineer's Authority
36. Stated Allowances
37. Removal of Debris
38. Detail Estimates
39. Right of Way
40. General Guaranty
41 . Conflicting Conditions
42. Notice and Service Thereof
43. Provisions Deemed Inserted
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
Architect/Engineer 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 Architect/Engineer 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 Architect/Engineer with two corrected copies. If requested by the
Architect/Engineer, the Contractor must furnish additional copies. Regardless of corrections made in or approval
given to such drawings by the Architect/Engineer, 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.
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 Architect/Engineer, 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.
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 Architect/Engineer
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 Architect/Engineer, 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
Architect/Engineer 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 Architect/Engineer. 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
Architect/Engineer 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 Documents 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;
(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 Architect/Engineer, 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
prevailing in this locality.
industrial conditions preva g y
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:
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 Architect/Engineer 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 Architect/ 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 Architect/Engineer 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
Architect/Engineer 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, payrolls 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
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 bills, 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
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 .
(f) 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
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
Architect/Engineer 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
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 Architect/Engineer 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 Architect/Engineer 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 Architect/Engineer.
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 his undertakes at own expense:
ense:
(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;
(f) 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 Architect/Engineer, 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.
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.
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
Architect/Engineer, 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
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 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 performed 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
(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.
(f) 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
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
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.
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.
(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.
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 thereof) 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 l(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
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 l(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 information 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/forrns/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
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
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.
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
individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set
forth in subparagraph (1 ) of this paragraph, in the
sum of $10 for each calendar day on which such Office of Labor Relations
individual was required or permitted to work in Previous Editions are obsolete
Page 1 of 5
excess of the standard workweek of 40 hours
Form: HUD-410 (06-2009)
without payment of the overtime wages required by Ref. Handbook 1344
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
PERFORMANCE BOND
(PAGE 1 OF 2)
PROJECTS: PERMANENT FLOOD REPAIR PROJECTS IN THE ST. VRAIN BASIN AT EM-BR19.5-36A, EM-
BR34-17A, EM-20.5-3B, EM-BR20.5-5.0, and EM-BR16.5-1 B
KNOW ALL MEN BY THE PRESENTS; that
(Name of Contractor)
(Address of Contractor)
, hereinafter called
Contractor, and a (Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Name of Owner)
P.O. Box 758, 1111 H Street, Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of Dollars, ($
) , in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind
ourselves, successors and assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a
certain Contract with the Owner, dated the day of , 2014, a copy of which is hereto
attached and made a part hereof for the construction of:
PROJECTS: PERMANENT FLOOD REPAIR PROJECTS IN THE ST. VRAIN BASIN AT EM-BR19.5-36A, EM-
BR34-17A, EM-20.5-3B, EM-BR20.5-5.0, and EM-BR16.5-1 B described in the Invitation for Bids, Bid No.
B1400810.
NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings,
covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions
thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty
period , and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and
save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall
reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default,
then this obligation shall be void; otherwise to remain in force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the
Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to
the Specifications.
PERFORMANCE BOND
(PAGE 2OF2)
PROJECTS: PERMANENT FLOOD REPAIR PROJECTS IN THE ST. VRAIN BASIN AT EM-BR19.5-36A, EM-
BR34-17A, EM-20.5-3B, EM-BR20.5-5.0, and EM-BR16.5-1 B
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 , 2014.
Contractor
By
(Contractor) Secretary
(SEAL)
(Witness as to Contractor)
(Address)
(Address)
ATTEST:
(Surety) Secretary
(SEAL)
By
Witness as to Surety
Attorney-in-Fact
(Address)
(Address)
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute
Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list
(Circular 570 as amended) and be authorized to transact business in the State where the Project is located.
LABOR & MATERIALS PAYMENT BOND
(PAGE 1 OF 2)
PROJECTS: PERMANENT FLOOD REPAIR PROJECTS IN THE ST. VRAIN BASIN AT EM-BR19.5-36A, EM-
BR34-17A, EM-20.5-3B, EM-BR20.5-5.0, and EM-BR16.5-1 B
KNOW ALL MEN BY THE PRESENTS; that
(Name of Contractor)
(Address of Contractor)
, hereinafter called
Contractor, and a (Corporation, Partnership, or Individual)
(Name of Surety)
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Name of Owner)
P.O. Box 758, 1111 H Street, Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of
Dollars ($ ) ,
in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind
ourselves, successors and assigns, jointly and severally firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered into a
certain Contract with the Owner, dated the day of , 2014 ,
a copy of which is hereto attached and made a part hereof for the construction of:
PROJECTS: PERMANENT FLOOD REPAIR PROJECTS IN THE ST. VRAIN BASIN AT EM-BR19.5-36A, EM-
BR34-17A, EM-20.5-3B, EM-BR20.5-5.0, and EM-BR16.5-1 B described in the Invitation for Bids, Bid No.
B1400180.
NOW, THEREFORE, if the Contractor shall promptly make payment to all persons. firms, Subcontractors, and
corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such
contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants,
oil , gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of
such Work, and all insurance premiums on said Work. and for all labor, performed in such Work whether by
Subcontractor or otherwise, then this obligation shall be void , : otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the
Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to
the Specifications.
LABOR & MATERIALS PAYMENT BOND
(PAGE 2 OF 2)
PROJECTS: PERMANENT FLOOD REPAIR PROJECTS IN THE ST. VRAIN BASIN AT EM-BR19.5-36A, EM-
BR34-17A, EM-20.5-3B, EM-BR20.5-5.0, and EM-BR16.5-1 B
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 , 2014.
Contractor
By
(Contractor) Secretary
(SEAL)
(Witness as to Contractor) (Address)
(Address)
ATTEST:
(Surety) Secretary
(SEAL)
By
Witness as to Surety Attorney-in-Fact
(Address) (Address)
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute
Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list
(Circular 570 as amended) and be authorized to transact business in the State where the Project is located.
General Decision No. O0140024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Decision Nos. CO140024 dated January 03, 2014 Modifications ID
supersedes Decision Nos. CO130024 dated January 04, MOD Date Page
2013. Number 01 /24/1 Number(s) 1
When work within a project is located in two or more counties 1 4 1
and the minimum wages and fringe benefits are different for
one or more job classifications. the higher minimum wages
and fringe benefits shall apply throughout the project.
General Decision No. O0140024 applies to the following counties: Larimer, Mesa, and Weld counties.
General Decision No. O0140024
The wage and fringe benefits listed below reflect collectively bargained rates.
Basic Hourly Last
Code Classification Rate Fringe Benefits Mod
POWER EQUIPMENT OPERATOR:
Drill Rig Caisson
1714 Smaller than Watson 2500 and similar 24.73 9. 15 1
1715 Watson 2500 similar or larger 25.04 9. 15 1
Oiler
1716 Weld 24.88 9. 15 1
General Decision No. O0140024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
CARPENTER:
1717 Excludes Form Work 20.72 5.34
Form Work Only
1718 Larimer, Mesa 18.79 3.67
1719 Weld 16.54 3.90
CEMENT MASON/CONCRETE FINISHER:
1720 Larimer 16. 05 3.00
1721 Mesa 17. 53 3.00
1722 Weld 17.48 3.00
ELECTRICIAN :
Excludes Traffic Signalization
1723 Weld 33.45 7.58
Traffic Signalization
1724 Weld 25.84 6.66
Basic Hourly Last
Code Classification Rate Fringe Benefits Mod
FENCE ERECTOR:
1725 Weld 17.46 3.47
GUARDRAIL INSTALLER:
1726 Larimer. Weld 12.89 3.39
HIGHWAY/PARKING LOT STRIPING :
Painter
1727 Larimer 14.79 3.98
1728 Mesa 14.75 3.21
1729 Weld 14.66 3.21
IRONWORKER:
Reinforcing ( Excludes Guardrail Installation)
1730 Larimer, Weld 16.69 5.45
Structural (Excludes Guardrail Installation)
1731 Larimer, Weld 18.22 6.01
LABORER:
Asphalt Raker
1732 Larimer 18.66 4.66
1733 Weld 16.72 4.25
1734 Asphalt Shoveler 21 .21 4.25
1735 Asphalt Spreader 18.58 4.65
1736 Common or General 16.29 4.25
1737 Concrete Saw (Hand Held) 16.29 6. 14
1738 Landscape and Irrigation 12.26 3. 16
1739 Mason Tender - Cement/Concrete 16.29 4.25
Pipelayer
1740 Larimer 17.27 3.83
1741 Mesa, Weld 16.23 3. 36
1742 Traffic Control (Flagger) 9. 55 3.05
General Decision No. CO140024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Code Classification Basic Hourly Fringe Benefits Last
Rate Mod
LABORER (con't):
Traffic Control (Sets Up/Moves Barrels, Cones, Installs
signs, Arrow Boards and Place Stationary Flags),
(Excludes Flaggers)
1743 Larimer, Weld 12 .43 3.22
1744 PAINTER (Spray Only) 16. 99 2.87
POWER EQUIPMENT OPERATOR:
Asphalt Laydown
1745 Larimer 26.75 5.39
1746 Mesa. Weld 23.93 7.72
1747 Asphalt Paver 21 .50 3.50
Asphalt Roller
1748 Larimer 23. 57 3.50
1749 Mesa 24.25 3. 50
1750 Weld 27.23 3. 50
Asphalt Spreader
1751 Larimer 25.88 6.80
1752 Mesa. Weld 23.66 7.36
Backhoe/Trackhoe
1753 Larimer 21 .46 4.85
1754 Mesa 19.81 6.34
1755 Weld 20.98 6.33
Bobcat/Skid Loader
1756 Larimer 17. 13 4.46
1757 Mesa, Weld 15. 37 4.28
1758 Boom 22 .67 8.72
Broom/Sweeper
1759 Larimer 23.55 6.20
1760 Mesa 23.38 6.58
1761 Weld 23.23 6.89
General Decision No. CO140024
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):
Bulldozer
1762 Larimer, Weld 22.05 6.23
1763 Mesa 22.67 8.72
1764 Crane 26.75 6. 16
Drill
1765 Larimer, Weld 31 .39 0.00
1766 Mesa 35.06 0.00
1767 Forklift 15.91 4.68
Grader/Blade
1768 Larimer 24.82 5.75
1769 Mesa 23.42 9.22
1770 Weld 24.53 6. 15
1771 Guardrail/Post Driver 16.07 4.41
1772 Loader (Front End)
1773 Larimer 20.45 3.50
1774 Mesa 22.44 9.22
1775 Weld 23.92 6.67
Mechanic
1776 Larimer 27.68 4.57
1777 Mesa 25. 50 5.38
1778 Weld 24.67 5.68
Oiler
1779 Larimer 24. 16 8.35
1780 Mesa 23.93 9.22
Roller/Compactor (Dirt and Grade Compaction)
1781 Larimer 23.67 8.22
1782 Mesa, Weld 21 . 33 6.99
General Decision No. O0140024
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.):
Rotomill
1783 Larimer 18.59 4.41
1784 Weld 16.22 4.41
Scraper
1785 Larimer 21 . 33 3.50
1786 Mesa 24.06 4. 13
1787 Weld 30. 14 1 .40
Screed
1788 Larimer 27.20 5.52
1789 Mesa 27.24 5.04
1790 Weld 27.95 3.50
1791 Tractor 13. 13 2 .95
TRAFFIC SIGNALIZATION :
Groundsman
1792 Larimer 11 .44 2.84
1793 Mesa 16.00 5.85
1794 Weld 16.93 3.58
TRUCK DRIVER:
Distributor
1795 Larimer 19.28 4.89
1796 Mesa 19. 17 4.84
1797 Weld 20.61 5.27
Dump Truck
1798 Larimer 18.86 3.50
1799 Mesa 15.27 4.28
1800 Weld 15.27 5.27
General Decision No. O0140024
The wage and fringe benefits listed below do not reflect collectively bargained rates.
Basic Hourly Last
Code Classification Fringe Benefits
Rate Mod
TRUCK DRIVER (con't.):
Lowboy Truck
1801 Larimer 18.96 5.30
1802 Mesa. Weld 18.84 5. 17
1803 Mechanic 26.48 3.50
Multi-Purpose Specialty & Hoisting Truck
1804 Larimer, Mesa 16.65 5.46
1805 Weld 16.87 5.56
1806 Pickup and Pilot Car 13.93 3.68
1807 Semi/Trailer Truck 18.39 4. 13
1808 Truck Mounted Attenuator 12.43 3.22
Water Truck
1809 Larimer 19. 14 4.99
1810 Mesa 15.96 5.27
1811 Weld 19.28 5.04
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
Unlisted classifications needed for work not included within the scope of the classifications listed may be added
after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)( 1 )(ii)).
In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to
be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1 .) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage
and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have
responsibility for the Davis-Bacon survey program .
If the response from this initial contact is not satisfactory, then the process described in
2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the
Branch of
Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
2.) If the answer to the question in 1 .) is yes, then an interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 .8 and 29 CFR Part 7).
Write to:
Wage and Hour Administrator
U . S. Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information
(wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the
issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N .W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION NO. CO140024
w
Bond No. S436346
PERFORMANCE BOND
(PAGE 1 OF 2)
PROJECTS: PERMANENT FLOOD REPAIR PROJECTS IN THE ST. VRAIN BASIN AT EM-BR19.5-36A, EM-
8R34-17A, EM-20.5-3B,EM-BR20.5-5.0, and EM-BR16.5-1B
KNOW ALL MEN BY THE PRESENTS;that
DeFalco Construction Company
(Name of Contractor)
P.O. Box 820
(Address of Contractor)
Longmont, CO 80502 , hereinafter called
Contractor, and a (Corporation, Partnership, or Individual)
Employers Mutual Casualty Company
(Name of Surety)
P.O. Box 712, Des Moines, IA 50306-0712
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Name of Owner)
P.O. Box 758, 1111 H Street,Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of Six Hundred Ninety Thousand. Five Hundred* 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 O27 day of Ce/otler , 2014, a copy of which is hereto
attached and made a part hereof for the construction of:
PROJECTS: PERMANENT FLOOD REPAIR PROJECTS IN THE ST. VRAIN BASIN AT EM-BR19.5-36A, EM-
BR34-17A, EM-20.5-38, EM-BR20.5-5.0, and EM-BR16.5-1B described in the Invitation for Bids, Bid No.
B1400810.
NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings,
covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions
thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty
period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and
save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall
reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default,
then this obligation shall be void; otherwise to remain in force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the
Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to
the Specifications.
'Fifty Six and 80/100 Dollars
"($690,556.80)
a Bond No. S436346
PERFORMANCE BOND
(PAGE 2 OF 2)
PROJECTS: PERMANENT FLOOD REPAIR PROJECTS IN THE ST.VRAIN BASIN AT EM-BR19.5-36A, EM-
BR34-17A, EM-20.5-3B,EM-BR20.5-5.0,and EM-BR16.5-1B
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 Gq9 — day of e/Clethet' , 2014.
ATTEST: DeFalco Construction Company
Contractor
//1
/. AI_ 97-LP/! 4en . By
(Contractor) Secretary
(SEAL)
Not Applicable P.O. Box 820
(Witness as to Contractor)
(Address)
Not Applicable Longmont, CO 80502
(Address)
Not Applicable
ATTEST:
Not Applicable Employers Mutual Casualty Company
(Surety) Secretary
r L By l .it'`atb-- that,
ness as to Sure y- Lee Anne Meaux Florietta Acosta
Attorney-in-Fact
2000 S. Colorado Boulevard. Tower II #900 P.O. Box 712
(Address)
(Address)
Denver, CO 80222 Des Moines, IA 50306-0712
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute
Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list
(Circular 570 as amended)and be authorized to transact business in the State where the Project is located.
Bond No. S436346
LABOR&MATERIALS PAYMENT BOND
(PAGE 1 OF 2)
PROJECTS: PERMANENT FLOOD REPAIR PROJECTS IN THE ST.VRAIN BASIN AT EM-BR19.5-36A, EM-
BR34-17A, EM-20.5-3B,EM-BR20.5-5.0, and EM-BR16.5-1B
KNOW ALL MEN BY THE PRESENTS; that
DeFalco Construction Company
(Name of Contractor)
P.O. Box 820
(Address of Contractor)
Longmont. CO 80502 , hereinafter called
Contractor, and a(Corporation, Partnership, or Individual)
Employers Mutual Casualty Company
(Name of Surety)
P.O. Box 711 Des Moines IA 50306-0712
(Address of Surety)
hereinafter called surety, are held and firmly bound unto
Weld County, Colorado
(Name of Owner)
P.O. Box 758, 1111 H Street, Greeley, Colorado 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of Six Hundred Ninety Thousand,
Five Hundred Fifty Six and 80/100 Dollars (g 690.556.80 ),
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 (Odd er , 2014,
a copy of which is hereto attached and made a part hereof for the construction of:
PROJECTS: PERMANENT FLOOD REPAIR PROJECTS IN THE ST.VRAIN BASIN AT EM-BR19.5-36A, EM-
BR34-17A, EM-20.5-3B, EM-BR20.5-5.0,and EM-8816.5-1 B described in the Invitation for Bids, Bid No.
B1400180.
NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and
corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such
contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants,
oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of
such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by
Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the
Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to
the Specifications.
•
• Bond No. S436346
LABOR&MATERIALS PAYMENT BOND
(PAGE 2 OF 2)
PROJECTS: PERMANENT FLOOD REPAIR PROJECTS IN THE ST.VRAIN BASIN AT EM-BR19.5-36A,EM-
BR34-17A, EM-20.5-3B,EM-BR20.5-5.0, and EM-BR16.5-1 B
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, a
this Lt"9 — day of eio6G r , 2014.
ATTEST: DeFalco Construction Company
Contractor
/(2 B /b7tti ��C�
(Contractor) Secretary / / / j -c's,br9,rf
(SEAL)
Not Applicable P.O. Box 820
(Witness as to Contractor) (Address)
Not Applicable I ongmont CO 80502
(Address)
Not Applicable
ATTEST:
Not Applicable Employers Mutual Casualty Company
(Surety) Secretary
(S
By (11,4Q- J
fitness as o urety- Lee nne Meaux Attorney-in-Fact 1 lone$a Acosta
2000 S. Colorado Boulevard. Tower II. #900 P.O. Box 712
(Address) (Address)
Denver CO 80222 Des Moines. IA 50306-0712
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute
Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list
(Circular 570 as amended) and be authorized to transact business in the State where the Project is located.
THE FACE ANr -EVE SE •FTHIS rOCUMENT HAVEAC, IFLAG•NWHITE•A•E-
INSURA NCE C P.O.Box 712•Des Moines,IA 50306-0712 No. A76701
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation
2. EMCASCO Insurance Company,an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation
3. Union Insurance Company of Providence,an Iowa Corporation 7. Hamilton Mutual Insurance Company,an Iowa Corporation
4. Illinois EMCASCO Insurance Company,an Iowa Corporation
hereinafter referred to severally as"Company"and collectively as"Companies",each does,by these presents,make,constitute and appoint:
TODD BENGFORD, LINDSEY KNICKERBOCKER,DONALD E.APPLEBY,FLORIETTA ACOSTA,MARK SWEIGART,DILYNN GUERN,SUSAN J.
LATTARULO,KEVIN W. MCMAHON,J.R.TROJAN,SARAH BROWN
its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a
similar nature as follows:
ANY AND ALL BONDS
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire APRIL 1,2015 unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a
regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
and authority to (1) appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and
undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof;and(2)to remove any such attorney-in-fact at any time and revoke
the power and authority given to him or her.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney issued to them,
to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company.
Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power-of-attorney of the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS THEREOF,the Companies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this
rd day of AUGUST 2013
Seals
s,o'.SuA;••. ,COMP. ; :••l';sF;'-. Bruce G.Kelley Chairman Michael Freel
.^° '•,-F: `�oa '•.��=, c¢o`:ffl'_�ow^�, '-s;�2 of Companies 2,3,4,5&6;President Assistant Vice President
- SEAL °3 - °S 1863` - = - 1953°= - of Company 1;Vice Chairman and
_ CEO of Company 7
'owa , n • e , ,, ,
On this 23rd day of AUGUST AD 2013 before me
••"'�a4N�-, 'Hsi,...„ ,, ,,,, ('j•,, Notary Public in and for the State of Iowa,personally appeared Bruce G.Kelley and Michael Freel,
y°"„dbq`°D ?4e`t°'„';6 ,', ' 0' "s '; who,being by me duly sworn,did say that they are,and are known to me to be the Chairman,
e„= ;§?` :=: President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary,
3 y 2 SEAL 2 0 E SEAL °__ ;W; SEAL ?o respectively,of each of The Companies above;that the seals affixed to this instrument are the
-;,• , ; ,,,,,; seals of said corporations;that said instrument was signed and sealed on behalf of each of the
•,' );‘:,„/ .-,° r4 D>K0O`- 'i''HOINES�P ; Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley
,,,,, and Michael Freel,as such officers,acknowledged the execution of said instrument to be the
M TUA voluntary act and deed of each of the Companies.
UTU4H My Commission Expires October 10,2016.
4 KATHY LYNN WVEHIDGE
$ ' CommissionComm Number fires 9 ���� ,Q , ,,, „ y( is
•
a My Commission Spires � U�/7 l/ / V I
�F •pc ^W October 10,2016 Note Public'hf and for the State of Iowa
P
/NES,t0 CERTIFICATE
I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies,
and this Power of Attorney issued pursuant thereto on AUGUST 23,2013 on behalf of:
TODD BENGFORD,LINDSEY KNICKERBOCKER,DONALD E.APPLEBY.FLORIETTA ACOSTA.MARK SWEIGART,DILYNN GUERN,SUSAN J.LATTARULO,KEVIN W.
MCMAHON.J.R.TROJAN,SARAH BROWN
are true and correct and are still in full force and effect.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this •29 0 day of &a-oh e Y , O7,/ . !aa n� D Vice President
7832(1.14) "For verification of the authenticity of the Power of Attorney you may call (515)345-2689."
v Co
� VIU _ c N N
CD
2 ,As1a,1 ° owo ¢ E � � N
�. CO
ID CI_
Co t Co a) ma (/) WCC c >. o a
♦ , II� 1- w Y m CDWiwaO ,.. C
} ) L -o 2 - 2H = Za of cu
.. co ! HZU — . >�
`fi▪ r o0 1. -- I I 1 1 1 0 " _ix u) E 'c o
CU I - _ i
-• - - -- - ,. - .1 I a. rall Z ••<:>••• U) in
toc r ju2
N W
406-€;::
, ea
I i 1 ' I I r ME . 1 I. • M a m a()win'
• � wcoo
c c :20
1
V, N
_ H W U
0 ' 1 _I ce • •1.. 1 — � .i1 -rr � C 0. tc ° o ¢ aov�i ` 3
® I _ 1 i U 4■■9 c in .... ow., Q. 7 as
-• - • -
11 YI — 1 ` U Z = v a°i .- ZVO of
SZ i 1 0 o15 aL '
IRS
CLSZ - 3 1 .: . 1 a c owl ¢ - v ao
_ �1, _L i.'Ejft
L. Eal 2 , _ _■ 1 �� 6�1 •a C (n (6 } O13
Ht�.i . _ J_ O = I.L 1 ' -1 J;� - 1— 1 I ' a oOzZ a
_ _ 1 • Ee� v � z :a) a�
cc
'3 1901121JM� -1 •
I _ ,_ rl cx J ' 1 Jill 1 cL°, L°. �' w � g
66 43M c� '"•_ t. -me i •"�- - --�- r - '
_ o n
■ ■ L • -oG _q c I , $62) 1 ..'Val I m m o W Li) ° o
ille C •�I- 1-` � 1 ,--
1111I ' I j - ` 11 i ° ccov mO = Z ° °�cn+ 1 1 1 a n m 'na ►- cnY E
CV U - - -- I 1 I ♦ 6883M ♦ 1 ° ` o � o � � w `
O - _I . -L I •-r - 182! .1 e� 2�0 a c o ooH ¢ ° o °
. I - -- - � ' I f 1 •■ — > a� 3z ¢ H fl 6 °
L ■ � Isi = I ' - i -- � ' � 8g I Si i ; a 43 o Q0:7) wm ° o1N
O I I - ' LL I j • e U �`�M �1 r1 1 , E
, 1 r - ^ t - - ., v O on_
1 I a1N � � wJa1
.� ter._ + • I - - - 1 ` w rn _I } � v •`
al % • i a•• 4 <Di — . —
I _ I ,i; J 1 i_.
• 1 I-'J_ •n o c w a p y trp
Lill Tv„ I1 I.
I , ‘ *� 1 nv c a1 WO to W z 1"
-Is -i
I.,...
I _ � _ r1� ^� - _ _ _ - - -L � ; ' .
fig, til- • '_ 117 cli
Inhe ��T'� 1 b
. N W W v -cDXO
MI Ebb I o r r Hr - "'_ ff.. >tl .GYM � �sr= oop zU
0 i
ie. . . n OR 3 NIRF.
Cr) 1
/ l i:I, 1 . , _ a n r J ...it... 1 a�0 � , ~ it .t . icy-� t.ignr
Io 'i I .
CII II swim co I � S . l a _CD • . • 1' ' IA
' r 1 � 1 I p.Ic� -: wt -. ten.• to 1 ,a
3 I me I
l. Ir y T al ll M.le)P el
,� -J � .r: •T.
\ _ _ Y I I d 1, J,.I �n I ar, .� L, �, ,' ' • �'-_' . P.,"1"
.C 1 1:10M a el 3M Or, • - • .
--Pig) .CU
0 e?) 6210M � !M
ILLI' 'lire
O ♦ I 1,CD
WCR 77 i I 1 9g£&a
: ♦ I_ 1 '
U 1 I '�
Ill11111■mime ' I �a* '- '.h • I - i r I
�/ a, 1 1
1 I I Ai £L HOM . 1 I �
co
1 ;- J - -
�
I co
V I io ` '��_
1 1 1
'C e a - - '
l I , ♦ 13, ' _r
I I ;tD
I i ■ I 1 14 Lc
UD
= •• %I 1 ro� ►
•I ill
1 I , co
VI I I L9a�M • I ♦ ;' _ I 1 1
U= • I
1 ' I
- •, t I ♦ - ss a�M -V Fop
ss a�M' '' sS a3N1
1 1 1 �u I Ito
Liu 1 V?. fR � _ rU Irpi _ _ �- _ - !� iL — -y- -I to
- L -r -tr,
I - - -r3 §S 21�M �.' i
' 1 3 ' 3 ( ' _• -- I I J I
>illi . i
1 I 1
� ' - - - - 1 - i - I�o I £921�M ' I l°'n
� I I TS _ 2l�M I U J I 1
e IMINI kiln - I •r
T r ti_ l3•'
' �1 sb NOM...
sv KM C 6b21OM r 1 ' piitI I 1 - 1 -t- - - + - -I- - ■ '. .J. —I_ J3 .:
1 Lb aOM, I Lb)213M t'� _I 1_ _ I_ .� +III ' 1 "'
II -i i � ' i —I —
I_ _ ter. _ . 3
• 1 1 I
£t,�21�M � ''S
- 1 M N :r.St 21OM Sb 21�M
1 et
O I r. et 27 I ifmai£ti y3M1 £; 21�� ! , �_ T _ '- 1 3 — I �,r ce cf� 3 Lb NOM ■ _ �,�,r
i i � T ifsf
CO L •
Irk) i _E
.' sa�M s£ 21�M- - I ■ L£ OM I ' .m fc; aneat1 I : '..1l < �� S£ 2l�M k ' 1 ' I •o = `O
• il
S£ ?J�M S£ 21�M V 47S£ a+ N 1 —i I
I • iI :. �!4 < - I 1 W - r "i `" -f .I.„ j _ L _I,� I I N I _ 1 IOC ' Z�
EC NOM tt
1— ` 1 I ' ‘), 'U -1 - - o
• — -1- 1 ► 1 gjl anV�4i64 '� r T- 3. L£ H3M "1 r _ _r I I I ,3 a, j ' 3 =
- • - - - ! 1- I �.. t•,i l.. .•_ V 4iS9 "I� r I 1 I iii ▪ ` tJ 7 �t' I 'I ' WCR 27 " 8AV Isll� I1 t I ► U , ;n 3 JI■ ,�' - - - 4 I ' 1 _ rt_ i ••• St• — .+ a1 JM 11%' c1 .. t , -r aA(JU8Q'-LJ tl.
ail m
I I
1 LZ1I213M I o I ,- LZ a3Mr1.4 I_ -T
• �- J _ 4 F— I I P-r'_ ,� 1 .e _ 1 r - '�... -I 1 + _ T r ,�.., N' ' ' 1I
lit EZ'73M -�_ � '�' e , ' �.. wCR 19.5IU IIIII
:lir
1
,1S 41 lif 3/4- et
-I _ r - �. � Ja � ?- , 1�, 2 — I �6L_21�M CD a
-6 M r ■, 6L i! -� 3 6L 2lOM 1 •� 1 ► 8 -
113
- at ? ~tr o L L 21JM n LL pM1 L L 3MI 1 '�els2- ` lc; v L 1 . .L� a z
- - - _i 1 1 ' '{i 412l�M 1.3 g3 r lII 3ill �.. t -I - - M -I- 1 1 cie - �' •, 310- lt1I
N a ,.y•.. c.-1 is £L a�M 'la _N
co 0o co a0 ap ( - ti CD <D co (D CD „� t17 t[) to • - •I.IL. J i 1e'.- Q"' - •-Ir - "- I
O ■ -•i.Mr
.�. 3waom r�
Gf� -'II L I .
W 9 LdeM l - -& IL' L-21OM 1- L83M1 -
�� _� 1 1 1I� Sa5M 3 , � i ( �' 'in
to � - I- = -I -Ltf *
(1 (&$8
z <>
� I IJ off/t_ _ - , � •,.,.Y. •N
st letter) CO CO. CO CO N N N N N
�0 0
�MU
RESOLUTION
RE: APPROVE EMERGENCY BID #61400180, PERMANENT FLOOD REPAIRS /
ST. VRAIN BASIN AND WAIVER OF TEN-DAY WAITING PERIOD FOR
CONSIDERATION AND INVESTIGATION - 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 Emergency Bid Request #B1400180, Permanent Flood Repairs / St. Vrain Basin, for
the Department of Public Works, due to the necessity of project completion prior to the end of
this year's paving operations, and
WHEREAS, the Board of County Commissioners deems it advisable to waive the
ten-day waiting period for said emergency bid.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the ten-day waiting period for Emergency Bid Request#61400180,
Permanent Flood Repairs / St. Vrain Basin, for the Department of Public Works, be, and hereby
is, waived.
BE IT FURTHER RESOLVED by the Board that the low bid from Defalco Construction,
in the amount of$690,566.80, be, and hereby is, accepted on an emergency basis.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
C •aClLo•r('ATTEST: C� � F ]'y ctt
�• glas Rademach r, Chair
Weld County Clerk to the Board ,
• �y. . •1�•ara Kirkmeyer, •ro-Tem
B' ►1 1. i J. i 11 c..__�,i_ ,,..,, `�
D Clerk to the Board I
P. Conway
AP V RM: ��( ' 1 ,, ✓too
Mike Fre
o y Attorney
f0/ William . Garcia
Date of signature: 30
2014-3259
P00016
EG0070
CC I'U, CFj,I cr,Fi,oEm,Gs.1v.1 "3
MEMORANDUM
4g6r
00,
I\ 1, rr:I! I Date: October 21, 2014
3 c O U N T v 1 To: Trevor Jiricek, Director of General Services
From: Clay Kimmi, P.E., Senior Engineer
RE: Bid Request No.B1400180
BOCC Approval Date October 22,2014
Bids were received and opened on October 21, 2014 for contracted construction of permanent flood
repairs at seven locations within the St. Vrain Basin. The seven projects are located at bridge BR19.5-
36A, 19.5 roadway,bridge BR34-17A, CR 34 roadway, bridge BR20.5-3B, CR 20.5 roadway, and bridge
BR16.5-1B. Four bids were received ranging from $690,566.80 to $1,317,671.00 with the lowest bid
submitted by Defalco Construction from Firestone, Colorado. The Engineer's Estimate for this work was
$806,781.75.
The submitted bids have been reviewed for errors and completeness. No errors or discrepancies were
apparent in the low bid. The bid tabulation has been submitted for your information.
All required bid documents were submitted by the lowest bidder. All references provided by the lowest
bidder were called. The references indicated that they had no issues with Defalco Construction and that
they were a good company to work with. Defalco Construction has also done work for Weld County in
the past. Weld County has been satisfied with their work.
It is my recommendation to award the construction contract to Defalco Construction for a total amount
of $690,566.80. This is an emergency present and award because one of the project sites involves
removing asphalt patches and replacing the asphalt. Since the end of the construction season is quickly
approaching, the emergency award is necessary to have the project completed before the weather turns
and shuts down paving operations.
/D/aa c"0/4-3459
0 0 0 0 0 0 0 0
O m v LID0 CO CCO a
f+ .-I LO m o to N to
M.
Cm 0 n � co' CO ti
m c ti - ti m
u ri
-
u V/ V1 V1 V1 to V1 V/ Vl
z
0 0 0 0 0 0 0 0 b
j CO V rn ti CO CO `n CO
03 n! M 'Q tb m o0 oo 41
k N m to D1 N W ti CO
W N N ti '-I C1
C
A
0 Vl Vl V/ Vl Vl (A N Vl
O O to 7 0 0 0 m
v o to m CO N N
u co m ni N to o m m
c ci co to v N rn m a
to N LO to .-i co to
C V 6 tri rl 0 N Ln t O
D1 N r` co 6 O N co
E r-1E ri . '-1 N -(11
L1 V/ ill V) V/ 1.10L1
C m � CO m O LOO. C rot NO CO0
o m o to m n r1 tl1 to
V O� Cr, O O LO t0 N
s a rl ttOO in m N N m
N 'y a .-I tD
C
0
u
o
u
To
.4-
w
N to V/ N 00- 00 V/ Vl
w
OJ
N
E O p n 0 pa 8 r
W CO O 01 v r` 01 N a
D n to Ul m
b. t>0LC) t/1 V r
ar Ul IN 00 CO
C cor-I N a N W lT o
'm N Vl to 00
N N 00
C
W
N
m 13 of
v1 -0 N mot
ro
Co- m K "O O
Q LD ttD < Q CO CO
m m m o ri
o c to to f+ �+ to to
Z ai o; v v o to
(C « a •-1 m m N to ri
u O= D' cc cc cc o D'
N m CO CO m 0] N m
vl a W W La W W W W H
0 0 0 0 0 0 0 8 OO 0 O 8 8 8 8 o g 8 8 0 g 8 8 8 8 8 8 oo o om 3 m O g 8 8 0 3. 8 8 8 0 3 8 8 0 8 0
Oo a R.N oLe'l o '" m .. c ON, a b V m
p in in N N N N N in N N N N N N N N N N N N N N
N
4 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 N
E 88 ' 8 N :° 4cogg88. 88g880 O
0 n 0
Z
D NNNN in NNNN N if, in. NNNN in. N .n NNN N
8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8
I-3 0, 8 � '" 9' M '" ?' S 880888 °m4888q N8 m
N N N in in N N 0.N in N N N N N N N in N N N N
in yr, N,39 V2 d 8888888, B a P888 8 88 888888, 88888S
4 g N mbid ' M8g843' 82 8 o= a
E
o NN.., N NNNNN N NNNN tn. NNNN in, N N in
8 $ 388823 $ 8 88888888, 8888282
. p
I- 88 .. mm0 tf 8 .rv. ( Iloon 00888 0l 0 m
OLi a .. 0. N m o .. .. m .a al
. .. ry n o v e tro m g.
-• , ta a, ,a. ... tn. N in N N N N ....., N N in NN N in
E• U 8 8 8 8 8 8 2 8 8 a 0 8 8 0 0 8 g 8 8 0 8 8 8
o z o g M m g o go 46 6 g c m o o a 8 8
O. o o a w
i m ar m
a N N N N N N N N N N N N N N N N a a a N N N N
rni c`^ 8 ' 3 3 8 8 8 8 8 8 8 8 8 o m 8 8, 8 8 S RI 8
G a ° 3 3 2 8 m ry o o 8 o r S a o 3 0 8 0
g g m a � m a " M 3g
o O, „ O,N .., . 0,.,„ N N .., .�, o„O, N .,,NNN
NN
N
u N
8 RI ^ 48m 888 8 8888 ; ; ; 3 8
F. v a v N W 8 � o o a o 6 0 ti di $ o m a m
Nrvm : < 2 8
O Z m .. a
J N N N N N N N in N N N N N N N N w N N N
8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8
` 8 .3N Xeo88 e g8o888888 .548 ; 8 ;
oU ry M a ry
in NNN N NN tn.tn. N NN N in N N NN...N in N NN '.
If
G 888888 88 8 888888888888 8 I,
a co n 80Nry mgrvrvq a o9 N. 88 •$ mo •i. 80 •80
A F a 25
E
j, 20 in in N in N in in N N N in in in in N in in in in in in N N
CH ce)cc C r a N
ml'u Q >. .. N o $ ^ DS O 8 a O n o a a m .o N. m a
a
r
as ` z d6- -06L w � 0a N 6i naJmoo no
"' o E _
¢ z V
o a
a a
a
o c• c - -
z z c
-
O m a -
v m
z 3 a > 0 3 A o ` -
O rc _ i o _ - E = 3 3
L3 `a rc A 'o c m a m
O uN m ;" - ....
c a a m a � q N o t
.:C P o a n` a ,, - ; m o p Cc a 2 c 2 A 0
a 5 ,` _ _ z ._ 3 L d o a 0 8
o A 0 � " • om N3amo `o .. pa ..
32
o 2 m n "- " c tai m « Q ^ J V m u u J V V
E E - • a c _ _ g a r !C 2
o 0 w CI cw o ° > w ,7a coy 3m .. LL ,.° uof t� i- ruoit 3 a
o .. El 0 o ry o 0 0 0 o o g g 8 a a a 8 a 8 e 8 e 8
u w
c ry _
f •
Lo ry m a Li, w n m m .. .. .. .. .. .N. .4. .R. .. .". ory N PI ry
O z
88888888888888
0 882888m8848m8m
Id .. o m m m
a N N N N N N VL N N N in
V
LI 88888888888 8
2 88 ° 888m8, 8r 6
2
ac m ry
J N N N N N in N in N V1 N in
88888888888888
. . . . . . . . . . . . .
o O O O O o N o O o r o n
_= p o P 8888 m °' S °,° 8 a 8e
u LS a N m m .
N U 8 p N O N p N N in N N N N N N O p N N O 8 O 8 O O 8 O O a q d' O o p p p
Q . N wag t p en rs 'et
8 8 N 0J 8 O O <
F
2
E N V. in in N N N N in N N N
o O O O O O O O O O O O O O
O O O O O O O O o O O O O O
888FA $ 88 ° ° ° Qm°
Li 8 ON' .. .4
in in V. N in N N VF N 1A N N in N
—
E ei 88888888888 8
o z o O g v I
E 88Nr N $ am F m m m N 'o
i
DN in N N N N N VI in an in N
(No, 8r8S", r- go' o88e8a
o mm - aN, t S ei m m u; o g o
— W. C o. mU1 Co qCI
V - Vl N N ti N m
VI V1/4-V. N N N N N in N N in N N
O E
O U8W m p 1 N y p 8 N ClT W LA 0
-
F. d d Om al La O nmi n O ti 8
r a m .+ Lo m o al o
o Zry
N N N N N N N N N N in N
888888888888888
I.- 0 o e 8 O 8 o g a 0 8 88 2
U v N rvL.r N o
' NI
N N N N N N N VY N N N N N
Q
d88888888888 ° 8 ^
Q 2 O O VI OO O O m O ON Vf a ��9 a
o 6 m O N o O 8
O O ~ ~ N ~
Z N -0 i 0i-
¢rn o N N in N in N an in N N N I:6 in
O N
m2 ry .. m .. .. m N m oN -
O a
1 d
H
O , E o w _, w � "J iQ Q Q w
m o n
a u w
m
o m
a a Pn- 3 v
Q 8 a 'iti-
z i a° -
o M
2 2 a{ p ao_ 9
o 2 a E vudi `a_ v 6 .�
¢ p C aN - m 04
5.
is 5. O $ A 2
2 U n > N V o o C U
Qo a F O a o E E ° °i p
m 2 = c t '« o o ,,5 o c_
O so m u e0 V V U
0 r v a ` = a u u u` u
O9 Q La n m m m ' m o Q
cn ntc ° c V w u 2 i- i- u r
0
Oiag8 ,L.l �o 00000 8
oU u. oN moo nom omm
CCN _
O .. N m v r e n m ac OPF cg
rzFP FP FP
8 8 8 8 8 8 8 8 8 8 8 8 0 8 8 8 8 8 8 8 0 8 8 8 8 8 8 8
8 8 8 < 8 8 d 8 O s 8s 28288 8 01 01 0 8 8 8 8 8 8 - 8
0 m.i o Ni pp m n a N. n ni M a rv .v o: in' o' d o m o pQ
C N N cn tn tn in NN...NN on N ... tin NNN ...-ton on to to a.+ N N N N
2 4 8 8 8 8 8 8 8.� 8 8 8 8 8 8 8 8 8 8 8. 8 8 8. 8 8 8 8 8
$ n " gdg � .. g �, oQmo888888008 0
i_ T
2
J N N in N in N N an N N N N N in N N an N N N N an N in in
8 8 8 8 8 8 8 8 8 8. 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8
k- g88e82SoNgo 0rg8 $ 88F80 § gm8FFg &
V T T V M N p r", p O 8
N N
Lt
8 8 8 0 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 ,n
8 0 8
2 o O m in o N of o w M o 6 a ry o o w of 0 0 2 o 0
o . o m 0 o com ry o o $ ry w P. p O
2 p . m
E
J N in N an N N in N N N N N N an in N an N in N N in N N N
000000000000 0 0 0 0 0 0 0000000 Y. o ✓1
0 0 00 0 0 0 o n 0 0 0 0 0 0. 002c000 00. 0
N BSFTS0US34. 0 a a & 000020000c084 00
u U CS OST N N m .2 .-4 .o 0n n N .c .2 o N E. in v, N
E b 8 8 8 8 8 8 8 8 '4 8 8 5 8 8 8 8 8 8 8 8 8 8 8 8 8 8
E. 88 ^' 8 < Q8NM8 $$ ,noeto8808 M 98 ' 8 8
w ry
6
t ro
oN N N N N N N „ N N in in N N in N N N N N an in An An. N
00 On O 4 O S Ni on tn in O O Loco N O ..i Ow w O n O O uw. 0 CO
�co p .6 N M O O Ui co cri inpf pw p 4 h h ,o O -i m v N O V
'j to
b m W S S N m 8 8 a n 4 O w 8 n 2 n M p p 8, N ~s ,6 .o+ ry O m ry O w
N N N N N N N N N N N N N N N N N in N N N N N N N N N N
V LA V 8 p p r. O V 8 8 2 40 w p8 ry 8 gN -i w .ma w mw n .m+ O.
6 .i p ,� m . rn w O .4i p
0w n
z
D N N on in N win N N N N in N N N N in N in N N in in N on
00000000 .100
0 0 O O 0 0 O n O O 0 0900000000000
q Oq 0 0 0 O O O O O O O o h O n
o o o a S m c 08. m o 0 0 8 8_ c n 0 0 0 0 0 0 0 0 ct 00 o m
O N T .. N M Nry .. vi O N n _ 8 o
u ;Cr? 2-1
N N N N N N N N N N N N N N N N N N N N in N N N N in N N
ai 8 8 8 8 8 8 8 8 9 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8
82 ,4y; nM8nno p 0Si � 888m880 � 8F 85
_, o rN 0 4o .4 ° o °
0 NNNNNNNNNN ,,. N NNNN.n ,,.NNNNNNNjN
o g 8 g - l w o 8 Co
a j m T W Ji ~ n O •r N n T .M. i .. .. _ .. n ..n-ia
W O a jL36- ± 5 ,,.., t V w -o ± Q N U Vt t n 8 p w „4_, g
a a E
0 d 0
a a
a ,_
oz > 2 or.,
a _ _ -
$ o a o _ - E d 3
T w ` o 0 a m t won c
i, n _ - `ot Y n °a u m > ar. W t
Qp a° l� o w _ - nr o w z ,on 3Z.K c — o . o V°
VO c `o `a `o m p F 0 m y N 13 rig j D o ` t o o °c
E E E t Z o c o v a w Y _ n _ '" a m t A ' A 21.„,
\
0 0 uu
" 204 = 8 >" w ;r„°n' N : w .. a s 8 LL : C8 .23 _
L- f rv0 8 0 8 .n. '8 0 18 8 0 v, w 0 0 0 o O 0 8
O a 0 0 0 0 n ry n n n w o 0 o co to w .o m 0 e
V o,
2 n _
O .. ry m to .n to r m m „ ,^v „ ti ff .n. to„N ,,,� ti ,n ry n ry ry in to
n n
i- 2
. , 8888888888888888888888 8 8 8
) ) ( ' " t;" ' \ " g .9" g4r ( \ } ( ( } ) ! :
z . = 8888888888888888888 8 88
( {\ \ \ \ \ \ // \ \ \ / / } \ \ f \\ } „
» , 88888888888888 . 8. 888 •
\ (( \ \ / \ \ \\ } \ \ } / \ / \ \ \/ - { - /\ \
� = $ $ $ $ $ ga8888 $ $ . 44a . a 8 . .
( \ \ \ \ \ \ \\ \ \ \ \ / \ \ \ \ \\ \ \\
, �; . . . , ala ; l . a888 $ $ $ 8888 888
! § § ; ; ( ! ; ; ( 4 ; ; 4 ; \ ! ' ! : ! ! ! ! 2988
Id, I—„ , „ i § ,2 / / / \ , � , , , ,\ - - \\ /
, 4 = = 8888888 8888888888 8 88
) \\ \ / \ \ \ .84, 4, 4, \ \ \ \ \ .84, 4. 4, \ \/
:th ,
\ ! \ E / \ } \ ; \ ; 40 - - - - ( : ; klk ; ;
\ § k/ „ : / , /ii \ \ � 4. , , , , ,/ \ }f / \ \
�2 , , , , , , , 2282 ; ; l r ! \
0 -, , , , \ \ \, , , , , , , „ , ,,, , „
» _ 88888 8 $ $ $ $ $ 844 ! $ 88.$$ 888
\ � ( \ \ \ \ ,, u,„„ , , „„ \ \ - - \\ }
48888 $ 85828888888144 : ! § $ $
y ( }\ \ \ \ \ \ \\ \ \ \ \ ( j \ \ \ \\ \ \( \\ )
- ° ) lN : : § ,4829 . - : , : _ ! - \ ! §
\ ) ; = . lr : , : ! > rr : , : e, § i ! ! \§ \ r : '
•
\ \ r- \ \ }
\ \ §nEE - : __
- - i4, f ( { § { $2
: - .8 .829 ! \ ) ! }/ { !}
, l ; l ; f . r ; lr ) { ! !
I ! )2 ) \ i ! [ ! l ; Z , tl ; « ; �
, : ! * l : I = : , . z � ! ! } ) \
( , : 0,0„ tv ; ; ; ; ; ; : : I : : z \ ; i
8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8
O o o g g o 0 8 0 o g o 8m o o m N a a m 8 8 8 0
Bni el n .a o of r V 01 2'. .+ N N IT CO o
H H H H on H H In r V,in in w In H or, in tn
_
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0
uU R20990099090000000. 92.
e88 � 8 � IR8 $ � 0
8 $ $ 288R 8
a
0 N N in N N in N in in N in N N in in N N in in in N
8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 0 8 8 8 8
. . . . . . . . . . . . . . . . . . . . . .
~ O ow N 8 0 0 Lr tff O r- 8 8 8 8 WIT 8 O 8 8 0 8 0
n a b N m T O co
OV .1 N ey to m ,O " n ni O m
N N in N N N in N m N N N in N in N N N N N m .iii in
yO O O O O O O O O O O O O O O O O O O O O
O O O O O O O O O O O O O O O O O O O O O
0 p. OO M m O Vi o8 0 lO 8 CC, 2 8 8 8 N m 8 V a 8 8
o m ,p O O
f m m to M m
Z
o in in N N VL N N N N N N N in in N N v .V1 N N N
88888888888888888888888
17, 88LA8888 � 8LLS182 `,Ii8m82888 `48 `4
n al M M O .1 M N O n 01 O W
U - 06 c M m m co '- ni voa. m in
N Vv Vv N N N N N N in Vv N N N N vR in in in m
—
E U 8 8 8 8 8 8 8 '2 8 0 8 8 8 8 8 8 8 8 8 8 0
O 2 o LOND n 8 a a 8 '" O vo a . p O a 000, N `D a 8 8
r
Z .1 ✓ m
N N in N N in in N p N N N in N aph VI N V,VVOv to N
a m 8 8 On 8 N 2 8 a 0 8 8 W a mn Oi 8 ,n A 8 8 O
F. N: nl of ri N m Oi N: OO 'i C i C O P T O4 m M ,C OJ O V1
LD
0 a O a h CO in
CO «v CO m .n1 in 0 VD O O1 n 0 CO CM ti P ti 8 .1
V m 'a W .1 N N . CO N .1 .i .i O N
c N V)tn.Vv in.N N N vn vn 1n N N N in N in N Vv In
0 —
1-1 n N S N o m m o o m o om a o o a o
o u a tD n 0 n N m o a M o 0 D• m ,n La ti h O
E n V V N ' ui o 8 N taco; .a1 of ui m o 8
- ary 3 .. a am N '" Dm .1a Vj1 n O
o z ni r4 oi a r
J VL N N N N N N N N N N VI N N VY Vl'n N VV'M in
88888888888888888888888
in 8incn8S88N888 $ 88e88 a LA n COr8 ^ 8N
o a a a o a o O o m
� n u M oM rri m .. .1 rri (.6' .,I ni to Ni
n
N an V.N N V1 VI an VI VI N N N 1.4 in N N N V1 in VI tr, in
2 0000000n .9.
a o E. 88 "' 8NM8N89 888A88 � 28 � Sri
a « f O n m O O O 8 o o o
m i mN iM ' .4 - ' i-
,0 fa 0 Vv in N in N in in V)in N in in N in N in in in in in to N in
o 2 �I
ma < .1 0 g a oN o .1 oN o H .1 $ N a o ti a ..
w ili o —
00U = i � bi � wUULU _!CZ.5 ±. 6 ioowwo
t. o E 0
CO a
CO 0 a
d
d s v a
o m u
z Wz _
0 a a - 00 to
Eto
c o
o m o 3 = m
≥ v ° _ ° E u ; a
to d O L H o o r ,v ry ' �Y c,`nm o q
2 oN o = N U " mN 'u r _ o. 0 - 2 g c
o O 0 pv v=w_ V f 5 v .M 3 a a C o u°
o m o `o m 0 2 o z a LL o 0 o c ° O=
o 3 m m m °_°„ a m a} t ` .N m u u 1 u u
m 0 g 'o 'o r n t 2-2 o o Fa o .. d o °m°E A o " a
E E
o ua 0) 00 8 O ,_ pp> qqw 1 nl a (n u f u. C C u C 3 _
o z 0 0 0 0 0 0 0 0 N 8 ON N ,° 0 0 0 0 0 0 8
O W N N ,D ,o ,o ,O 0 tD LO ,D ,D a
K N
m O .1 N m a la On O] of N H m Q N M h O
F Z .1 .1 .4 :.-.1 ,4 ,-i N
00000
0 8 8 0 8 8 0 0 0 0 0 8 0 0 0 0 0 0 0
. .
F O O O O O O O O O O O o O 8 0 0 21 8 O O�
8 8n .rv. RN 8 8 88 �m80om �o (N 8
U n puio op m O m m m o .v ry OO Oi Oi
U
3 2 N N N N N N an N in N an an N N in N an an
'6188888 8 8 8888888. 888N8N
a 8 ^' 8 '^ 8 mg `° 888g88 ,0n 8
a.t n to mn 0
z op o
J N N N VI N N N N N N N N N N N N N N
888. 88. 8 8 8. 8888888. 88. 88. 8
ga ^ Qo gcc 8m88eP cc 8N8288
u u, " n o m m 6 m
op pa op rc co
N N N N N N N N N N N N N in N N N N
88888 8 8 8888888888 8
2 a 8m• a,• '°• 8 ` " N9888rgm8S ' 8
b a
z
J ,n NNN N N N N N N N N N N N N N N
88828 8 8 888888888838N
. . . . . . . . . . . . . . . . . . .
00 ,ono no ry TOo 0omo o4
o0080
G m co 6 no cc, m O T O m T W Pm
O . m CO m m m u, T "
a N n m ° "
an in-NN in N N ,n N Vi.NN ail NN in-NN N N
E w 0 o o °ti° 8 0 o 8 8 8 0 0 8 8 0 0 0 o
Co o ry ado o N v o 0 0 goo d o
0 e m m Poo a 8
rry m
o " a
-J N N Vs N N N N N N N N N N N N N N
n o LAN 8 8 8 ° 8 4 8 8 3 4 321 8 8 3 8 1
Go M o m 3 3 8 1 3 ^ 3 m m 8 3 8 3
U m .ti p N r,1n N .. n ., n ., N p,
O U N o 8 .mi .an 0 8 8 P P 8 8 8 o e
Co
r m 0 o it co d D o m 0
e o L.2 8
0 2 No NNNNN N N NN N'N NN N,n NN
88888 8 8 8888888888888
G 88888 m o 888S8rt888N °' 8O
000 v m o o ry ry o e ry m O m
n m n m T ry ry 0 n
N NNN N N in N N N Vr N N N N N N N N N
88888 8 8 8888888888 " 8 "
i dui 0uiodouiooT a o '=
e 8 m ' 8 a " 3 " 888mFT ^ " 08
E 00 6
J N NNN N N N N N N N N N N N N N ( G
J _
Fvo
O Fr i " U " 4 0 T " N " " " b ry O 0 'y Co 2
G q W
r 0 m a. z � i V i ¢ G G 8 t w D D x « a w � l-
O ¢6 c z r o 0 u' O
u K O
w 6
0 W a
a a O
O Z ry Q
,r0
Z =
O < r,
o w 2 2r I= o
O ¢ 0 a o r. i `o E F
'O Co - 25 °
O< 2 'n N _ N ° C n m ,. u, C C a c
4 O u ..[i 6 m O y m u 3 Z y — t
O c 9 — F, m r O 0 u 3 9 0 0 P- `O u
O O Q O 2 " N E O 6 LL . ✓ O d e
LL U m v oc co 8 0 j U
r., m _ c c 9a, ut ' .r _ r
p C 0 0 0 .E C E d r it a E v
p d W 6 - O n N O T Q
U K F N, v0, .t m" u N 8 5 LL 0 F 8 0 ri-
o °200000 '° 'o '8 O N ,00 o oo 2 8
o u. n IN nu Cr $ o ,o io ,e ,o to io co
a n
.+ •
0 " n Tv ,n .o N as mO " ma N e
F 2
0 0 0 0 0 0 0 0 0 000000000000000
0 0 0 0 0, o, o o, 0 0 0 0 0 0 0 0 0, 0 o O o 0 0, o
88888888 8 ul rn88888m800000 in 00
3O N at .mi .n . ai m to aii .+ 6 n m o co
u N N N N N N N in in N N in N N in N
b 88888888 8 888888888888 8
in N N in N N N
N
2 ggNOou+ .. g vi oa °J8gg0m ggonrg g
2 IN 0 "1001.-, a c
0 N N in N N N N N N mu).N N in N N N N N N on an
88888888 8 888888888888888
„ 8e8888m � 8 888888t28a88888
3 in in a u+ n w n a e 0 m 0 to .y N N o
a cf. 6tn 4' 4' 4' 06.
to N an 44 an N an N N N N in N N N 1n an N an an N N N in In
C 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O
U O O O O O O O O O O O O O O O O O O O O O O
om en
z 8 - m Uptt PA 8 p mor1888 § 228ne ' $ 8
a
Z
6 o to m d
0 N an N-Nan an N N an N in in N an an in N N N N N an
0 0 0 0 0 0 N O Cl0 0 0 0 0 0 0 8 8 8 8 0 N 0 b
0 pp. 0. . 0. . 0 p. . 0.
N 8 0 m 00 0 8 a O pO 8 2 8 2 8 8 2, n ON O tn m O rn
p M N O P N O tO tO N 0 m m N. O N
U .ti O .'t M m t0 O Y V'
in N an in N an N N N N vain an in N N N in an N N N N N
=
w 0 0 0 0 0 w m o o o o 0 0 0 0 0 0 0 0 0 0 a
V OO in o 0 00 0 000000000000 0
0 2 88 "i r ,:k 8 rl 126-, '"" 288 `4 ,28848 8
- eV m w .+ m CO
2 'i ~ 00 m h 0 N N N N in N N N N N N N N N N N N N N N
001(0000000 0 0 0 0 0 o m C4000000 0 0 0 N O N
tO N O m O O m o O, . 0 O o m m n , O O m w o 00
O Yn01 Cp° °t n t2mo 22 28
m 8 `Par
171
N O 0 0 n p O t0 m .rn+ 8 N
O a Io a m to ao N VVO N O m o] .y to
OV ri N r6nc M ti .4. .a N wi .4 nl t0 n n to
N co N N N N N in N N N an N N N N an an N an in N an N
0
V al CO in a, CO O 0 m O en t0 u1 CO 0 0 Ot CO to O O O tO o
o y y tO tp 00 N P 00 0 p0 oO C g O O cc! N: W O O O, pt pO
0. 0 0 N O M N O ' V W M O eon) .mi m N ti O O
v - '^ N O N .'. 'I
0 2 tmn' n ry N in
O N N N N N N in N N In in N N in N N N N an an
0 0 999999 O 0 g g 0 0. 8 o. 8 8 8 8 o g t9it 0 V9
N 8 0 o 0 o O n 0 8 8 8 888 8 v 8 8 8 2 0 N 8 0)
N. N v N a v m
Ou cc' to n tnn 00 N m coicO N .. MI N to .N co m or a
N an N an in an an N an N N N N in an N an N an an N in N in
,71 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n O cp O U O O O O O N N O 0 0 0 0 o 0 0 0 o 0 0 0 0 O
m '" 0. 8o 'n Nm NQ e o 22 § 8N 8 m 88 n .'". 80 8t^ o
ma 2 2NN5 Stn .: NN .. 1- a i-
N N N N N N N N N N N N in N N N N (4% IT
N
in y ) N
m ° i .. o LC 0og on 8 00 . < Lflw ..m a .i'. N N t01 o ...4 ro 0'^0 " •• to ry w e
i >
d
° L = 2 � u � uu _. _, a t, L � z,S �Ji 'a 'aaag
E n 0 0 0
m mHU 0 ..
n _o
0C
w n •
a'
o ry
os ...-72 -- V
Z Z ,, O
O a Cr c
z a v 00 3 c n = o
I.P. F w c — (0
O C o. C O o yO y N 3 �
0 t
1 0 0 d - N O c Q O. m Qi N a N q t`0
2 H 0 u2 n` c w _ A 'm m o = r 3 Z.N - , ro o
a � v 0 w ` — a o m 9, 3 a = c o 0 o u
0
0 0 ,= "6 "6 -24, _ o v tN" ro ... m r$ co co $ Et °c
o T w m m u w v o ntn f,' OD U u ` V V 2
o_ � 'o 'o m 'o co_ LLv z 3 's ,v, 2- - wm 0 .. 9E Lij
o .. v - m - o m c p \
.rn 4 u° V K" z" = �°- w h ✓cl La . CD , u in V° ILL m w V° 1- 3 tl-
0 y
O Z o O 8 8 0 o o .N. t.O+ 0 8 0 0 to to O m 0 0 0 0 8
uw NNNNNN r, to to to 0 to o to to OtO in to n
00 N N
w0 — N m o into n w rn o .. m ti ti to n w .m o ..
w 2 m m m m N N
WELD COUNTY PURCHASING
1150 O Street Room #107, Greeley CO
80631
E-mail: mwaltersco.weld.co.us
1 E-mail: reverett(c�co.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
c o ti!' Fax: (970) 336-7226
DATE OF BID: October 2151, 2014
REQUEST FOR: PERMANENT FLOOD REPAIRS/ST VRAIN BASIN
DEPARTMENT: PUBLIC WORKS DEPT
BID NO: #61400180
PRESENT DATE: October 22ND, 2014
APPROVAL DATE: OCTOBER 22ND, 2014 (EMERGENCY APPROVALI
VENDOR TOTAL BID AMOUNT
(All 7 projects),
DEFALCO CONSTRUCTION CO $690,566.80
P O BOX 820
LONGMONT CO 80502
OSMUN INC $809,415.99
578 BARCLAY ST
CRAIG CO 81625
DURAN EXCAVATING INC $987,875.00
14332 CR 64
GREELEY CO 80631
NORTHERN COLORADO CONSTRUCTORS $1,491,981.00
9075 WCR 10
FT LUPTON CO 80621
PROJECTS: PERMANENT FLOOD REPAIR PROJECTS IN THE ST.VRAIN
BASIN AT: EM-BR19.5-36A Bridge Protection
EM-BR19.5-36A Roadway Protection
EM-BR34-17A Bridge Protection
EM-BR34-17A Roadway Repairs
EM-BR-20.5-3B Bridge Protection
EM-20.5-5-0 Roadway Protection
EM-BR16.5-1B Bridge Protection
*PUBLIC WORKS DEPT IS REVIEWING THE BIDS AT THIS TIME.
10\`)-`)- d0/11-3957
Hello