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Home My WebLink About20141006.tiff MEMORANDUM GpUNT,.zj TO: Clerk to the Board DATE: April 11, 2014 FROM: Mike Bedell, P.E., Public Works Department SUBJECT: BOCC Consent Agenda Bid No. B1400067—Flood Repairs Agreement for construction services to repair Bridge 54/41A with AISA Civil, Inc. Attached are two original Agreements. Please return one original to Public Works. M'.\Francie'AGENDA memos\kgendaNlkeeedell-2.docx ComA_priu,---1/4" Cr6cZe_A _- FOCits‘111 ilt 4-10-I ,e eC2D WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND AISA Civil, Inc. FLOOD REPAIRS: BRIDGE 54/41A THIS AGREEMENT is made and entered into this day of , 2014, by and between the County of Weld, a body corporate and politic of the State of olorado, by and through its Board of County Commissioners,whose address is 1150"O"Street,Greeley,Colorado 80631 hereinafter referred to as"County,"and AISA Civil,Inc.,a corporation,duly authorized to do business in the State of Colorado,whose address is P.O.Box 567,Brighton,CO 80601,hereinafter referred to as"Contractor". Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. Exhibit A consists of County's Request for Bid as set forth in"Bid Request No.B1400067". The Bid Request 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. WITNESSETH: WHEREAS, Flood Repairs: Bridge 54/41A is in need of construction services, (hereinafter referred to as the "Project"), and WHEREAS,in the interests of public health, safety and welfare, it is necessary to undertake the repair of this road or bridge, and WHEREAS, County requires an independent contract construction professional to perform the Construction Services required by County and set forth in Exhibit A; and WHEREAS,Contractor is willing to perform and has the specific ability to perform the required Construction Services at the cost specifically set forth in Exhibit B: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Components of Agreement: County and Contractor acknowledge and agree that this Agreement,including specifically Exhibits A and B define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements.Contractor acknowledges that Exhibit A contains highly important forms and/or documents, some of which must be completed subsequent to the execution of this Agreement, and further acknowledges that those forms requiring completion by Contractor shall be completed to the satisfaction of County at the time and in the manner required by County.Contractor further acknowledges that a failure to comply with any of the requirements of Exhibit A and B may result in County's decision to withhold payment. 2. Work to be Performed. Contractor, under the general direction of, and in coordination with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"),agrees to perform the services described on attached Exhibits A and B.Contractor agrees that during the term of this Agreement, it shall fully coordinate its construction services with County and/or any other person or firm under contract with the County doing work or providing services which affect Contractor's services. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement.Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. Contract 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.In no event shall this Agreement continue beyond one year from County's execution of the Agreement unless the parties specifically agree to a continuation in writing. 4. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project,and County's acceptance of the same,County agrees to pay the amount earned, up to$80,606.00,set forth in Exhibit B.Contractor acknowledges no additional payment will be made by County unless a"change order"authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 5. Additional Work. In the event the County shall require changes in the scope,character,or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by Contractor for adjustment hereunder must be made in writing prior to the performance of any work covered in the anticipated supplemental Agreement.Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement.Contractor shall perform its duties hereunder as an independent contractor.Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers'compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a)provide and keep in force workers'compensation and unemployment compensation insurance in the amounts required by law (and as set forth in Exhibit A), and (b) provide proof thereof when requested to do so by County. 7. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement,whether or not such materials are in completed form, shall at all times be considered the property of the County.Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 8. Termination Provisions. A. County has the right to terminate this Agreement,with or without cause on thirty(30)days written notice.Furthermore,this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials(or services)under this Agreement beyond the time when such materials(or services)become unsatisfactory to the Manager. B. If this Agreement is terminated by County,Contractor shall be compensated for,and such compensation shall be limited to,(1)the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2)the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the Manager approves in writing which he determines is needed to accomplish an orderly termination of the work.County shall be entitled to the use of all material generated pursuant to this Agreement upon termination, C. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement,together with all other items,materials and documents which have been paid for by County, and these items,materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE." D. Upon termination of this Agreement by County,Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 9. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor shall faithfully perform the work in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement. Contractor further represents and warrants that: A. All construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards. B. All construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 10. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default.No assent,expressed or implied,to any breach of any one or more covenants,provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance and Indemnification. Contractor stipulates that it has met the insurance requirements identified in Exhibit A. Contractor shall be responsible for the professional quality,technical accuracy, and quantity of all construction services provided,the timely delivery of said services, and the coordination of all services rendered by Contractor and shall,without additional compensation,promptly remedy and correct any errors, omissions, or other deficiencies. Contractor shall defend, indemnify and save harmless County,its officers,agents,and employees,from and against injury,loss damage,liability, suits,actions,or claims of any type or character brought because of Contractor's acts,errors or omissions in seeking to perform its construction obligations under this Agreement. Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons,or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement,or on account of or in consequence of neglect of Contractor in its construction methods or procedures; or in its provisions of the materials required herein,or through use of unacceptable materials and/or materials not identified in Exhibits A and B; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. County may retain as much of any moneys due Contractor under any this Agreement as may be determined by it to be in the public interest. By execution of this Agreement, Contractor has agreed to secure and maintain the insurance required by the terms of Exhibit A. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement.Weld County and the State of Colorado shall be named as additional insured 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). 12. 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. 13. Time of the Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Examination of Records. Contractor agrees that any duly authorized representative of County, including the County Auditor, shall,until the expiration of five(5)years after the final payment under this Agreement,have access to and the right to examine and audit any books,documents,papers and records of Contractor, involving all matters and/or transactions related to this Agreement. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as Director of Weld County Department of Public Works, or his designee. 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations,representations,and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest—C.R.S.$$24-18-201 et seq.and 424- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect,that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement,Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion,in immediate termination of this Agreement.No employee of Contractor nor any member of Contractor's family shall serve on a County Board,committee or hold any such position which either by rule,practice or action nominates,recommends,supervises Contractor's operations,or authorizes funding to Contractor. 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision,to the extent that this Agreement is then capable of execution within the original intent of the parties. 23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 24. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.In the event of a legal dispute between the parties,Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 27. Public Contracts for Services C.R.S. $8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement through participation in the E- Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c),Contractor shall not knowingly employ or subcontract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor(a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening ofjob applicants while this Agreement is being performed,(b) shall notify the subcontractor and County within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement,(c)shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to CRS §8- 17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to County, a written, notarized affirmation, affirming that County has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5- 101 et seq., County may terminate this Agreement for breach and, if so terminated, Contractor shall be liable for damages. 28. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation"Standard Specifications for Road and Bridge Construction"and the Colorado Department of Transportation Standard Plans"M&S Standards"establish the requirements for all work performed by Contractor under this Agreement,and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 29. Compliance with Davis-Bacon Wage Rates. The latest version of the Davis-Bacon wage decision is applicable to the work and is included in these bid documents. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Special Flood Provisions: FHWA Requirements. SPECIAL FLOOD PROVISION: The successful bidder agrees that it is a"Contractor" as that term is used and/or referred to in the State of Colorado, Department of Transportation, Master Intergovernmental Agreement with Weld County, Colorado, Routing# 14 HA4 64551, ID 331001024 ("the State Contract"), approved by the Board of County Commissioners of Weld County on March 26, 2014. The successful bidder shall comply with all requirements of the Contractor as stated in the State Contract, including, without limitation, the requirements set forth in Sections 6 D iii b) (2) (a), 15 B and C, and 22 (which includes compliance with the requirements detailed in Exhibit I, Exhibit J, Exhibit K, and Exhibit N), and Subsections 11 and 12 of Section 26 of the State Contract. Furthermore, the successful bidder shall comply with the requirements of Section 14 A I and iii of the State Contract as if it were considered to be the "Local Agency" for the purposes of that Section. Finally, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Exhibit J Section T iv of the State Contract. SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 9 fie day of fir( , 2014. CONTRACTOR: By:/9/547 O4/z4 .2h Date �f/p// Name: Tit . �te,,(±1 WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: d,�iLi G eo:ok. a c, 1,7:g-cc° .h �.�4..�.) `g1 Rademacher, Chair APR 1 9 2014 Vid Weld County Clerk to the Board "-i` a��, t...../.1.240, BY' ni, De uty Clerk to the Board # ®� `-. 010111- l 00c r86 MEMORANDUM GO_uN?-Y TO: Clerk to the Board DATE: April 11, 2014 FROM: Mike Bedell, P.E., Public Works Department SUBJECT: BOCC Consent Agenda Bid No. B1400067—Flood Repairs Agreement for construction services to repair Bridge 53/58A with AISA Civil, Inc. Attached are two original Agreements. Please return one original to Public Works. M.\FrancieNGENDA memos U.gendaMIkeBedell-l.docx I D}'1 PVI/ O -k-d- a 02 Frans&/MIKC 4-Io-ILE ao/y- /axe 4/14p-I o�7e7 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND AISA Civil, Inc. FLOOD REPAIRS: BRIDGE 53/58A THIS AGREEMENT is made and entered into this tray of j�r--/ , 2014, by and between the County of Weld, a body corporate and politic of the State of tolorado, by and through its Board of County Commissioners,whose address is 1150"O"Street,Greeley,Colorado 80631 hereinafter referred to as"County,"and AISA Civil,Inc.,a corporation,duly authorized to do business in the State of Colorado,whose address is P.O. Box 567,Brighton,CO 80601_,hereinafter referred to as"Contractor". Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. Exhibit A consists of County's Request for Bid as set forth in"Bid Request No.B1400067". The Bid Request 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. WITNESSETH: WHEREAS, Flood Repairs: Bridge 53/58A is in need of construction services, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the repair of this road or bridge, and WHEREAS, County requires an independent contract construction professional to perform the Construction Services required by County and set forth in Exhibit A; and WHEREAS,Contractor is willing to perform and has the specific ability to perform the required Construction Services at the cost specifically set forth in Exhibit B: NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Components of Agreement: County and Contractor acknowledge and agree that this Agreement,including specifically Exhibits A and B define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements.Contractor acknowledges that Exhibit A contains highly important forms and/or documents, some of which must be completed subsequent to the execution of this Agreement, and further acknowledges that those forms requiring completion by Contractor shall be completed to the satisfaction of County at the time and in the manner required by County.Contractor further acknowledges that a failure to comply with any of the requirements of Exhibit A and B may result in County's decision to withhold payment. 2. Work to be Performed. Contractor, under the general direction of, and in coordination with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"),agrees to perform the services described on attached Exhibits A and B.Contractor agrees that during the term of this Agreement, it shall fully coordinate its construction services with County and/or any other person or firm under contract with the County doing work or providing services which affect Contractor's services. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement.Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. Contract 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. In no event shall this Agreement continue beyond one year from County's execution of the Agreement unless the parties specifically agree to a continuation in writing. 4. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project,and County's acceptance of the same,County agrees to pay the amount earned, up to$314,267.80,set forth in Exhibit B.Contractor acknowledges no additional payment will be made by County unless a"change order"authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 5. Additional Work. In the event the County shall require changes in the scope,character,or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by Contractor for adjustment hereunder must be made in writing prior to the performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement.Contractor shall perform its duties hereunder as an independent contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor,its employees and agents are not entitled to unemployment insurance or workers'compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes(if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a)provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law(and as set forth in Exhibit A), and(b) provide proof thereof when requested to do so by County. 7. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement,whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 8. Termination Provisions. A. County has the right to terminate this Agreement,with or without cause on thirty(30)days written notice.Furthermore,this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials(or services)under this Agreement beyond the time when such materials(or services)become unsatisfactory to the Manager. B. If this Agreement is terminated by County,Contractor shall be compensated for,and such compensation shall be limited to,(1)the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2)the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the Manager approves in writing which he determines is needed to accomplish an orderly termination of the work.County shall be entitled to the use of all material generated pursuant to this Agreement upon termination, C. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement,together with all other items,materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE." D. Upon termination of this Agreement by County,Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 9. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement.Contractor shall faithfully perform the work in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement. Contractor further represents and warrants that: A. All construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards. B. All construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 10. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default.No assent,expressed or implied,to any breach of any one or more covenants,provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance and Indemnification. Contractor stipulates that it has met the insurance requirements identified in Exhibit A.Contractor shall be responsible for the professional quality,technical accuracy, and quantity of all construction services provided,the timely delivery of said services, and the coordination of all services rendered by Contractor and shall,without additional compensation,promptly remedy and correct any errors, omissions, or other deficiencies. Contractor shall defend, indemnify and save harmless County, its officers,agents,and employees,from and against injury,loss damage,liability, suits,actions,or claims of any type or character brought because of Contractor's acts,errors or omissions in seeking to perform its construction obligations under this Agreement. Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement,or on account of or in consequence of neglect of Contractor in its construction methods or procedures;or in its provisions of the materials required herein,or through use of unacceptable materials and/or materials not identified in Exhibits A and B; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. County may retain as much of any moneys due Contractor under any this Agreement as may be determined by it to be in the public interest. By execution of this Agreement, Contractor has agreed to secure and maintain the insurance required by the terms of Exhibit A. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement.Weld County and the State of Colorado shall be named as additional insured 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). 12. 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. 13. Time of the Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Examination of Records. Contractor agrees that any duly authorized representative of County, including the County Auditor, shall, until the expiration of five(5)years after the final payment under this Agreement,have access to and the right to examine and audit any books,documents,papers and records of Contractor, involving all matters and/or transactions related to this Agreement. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as Director of Weld County Department of Public Works, or his designee. 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations,representations,and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest—C.R.S.$424-18-201 et seq.and 424- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect,that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement,Contractor shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement.No employee of Contractor nor any member of Contractor's family shall serve on a County Board,committee or hold any such position which either by rule,practice or action nominates,recommends,supervises Contractor's operations,or authorizes funding to Contractor. 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision,to the extent that this Agreement is then capable of execution within the original intent of the parties. 23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 24. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.In the event of a legal dispute between the parties,Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 27. Public Contracts for Services C.R.S. 48-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement through participation in the E- Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c),Contractor shall not knowingly employ or subcontract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor(a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed, (b)shall notify the subcontractor and County within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement,(c)shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to CRS §8- 17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to County, a written, notarized affirmation, affirming that County has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5- 101 et seq., County may terminate this Agreement for breach and, if so terminated, Contractor shall be liable for damages. 28. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction"and the Colorado Department of Transportation Standard Plans"M&S Standards"establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 29. Compliance with Davis-Bacon Wage Rates. The latest version of the Davis-Bacon wage decision is applicable to the work and is included in these bid documents. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Special Flood Provisions: FHWA Requirements. SPECIAL FLOOD PROVISION: The successful bidder agrees that it is a"Contractor" as that term is used and/or referred to in the State of Colorado, Department of Transportation, Master Intergovernmental Agreement with Weld County, Colorado, Routing # 14 HA4 64551, ID 331001024 ("the State Contract"), approved by the Board of County Commissioners of Weld County on March 26, 2014. The successful bidder shall comply with all requirements of the Contractor as stated in the State Contract, including, without limitation, the requirements set forth in Sections 6 D iii b) (2) (a), 15 B and C, and 22 (which includes compliance with the requirements detailed in Exhibit I, Exhibit J, Exhibit K, and Exhibit N), and Subsections 11 and 12 of Section 26 of the State Contract. Furthermore, the successful bidder shall comply with the requirements of Section 14 A I and iii of the State Contract as if it were considered to be the "Local Agency" for the purposes of that Section. Finally, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Exhibit J Section T iv of the State Contract. SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 9' day of /9"r;/ , 2014. CONTRACTOR: By://9/1b4' C/f///rrn c, Date fo,c,4 Name: ,�� — Titl S e'C(/ WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO v ATTEST: w � w , ;a L_- Dougla Rademacher, Chair APR 1 6 2014 Weld County Clerk to the Board II BYknd d,De uty Clerk to the Board 1�1 tn04,, , tli6_, go/4-1,0,0% • • 1861 MEMORANDUM a J�! JU. 1%j GO_UNT,Y TO: Clerk to the Board DATE: April 8, 2014 FROM: Mike Bedell, P.E., Public Works Department SUBJECT: BOCC Consent Agenda Bid No. B1400067—Doc #2014-1006 - Flood Repairs Agreement for construction services to repair Bridge 61/54A with AISA Civil, Inc. Attached are two original Agreements. Please return one original to Public Works. M.\Frande\AGENDA memos\AgendaMIkesedell-1.docx / qDPW Co-y\iI 4ito-14 �l - li. PI ally- loot, " ©© .O WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND AISA Civil,Inc. FLOOD REPAIRS: BRIDGE 61/54A THIS AGREEMENT is made and entered into this 7 day of .// , 2014, by and between the County of Weld, a body corporate and politic of the State ofado, by and through its Board of County Commissioners,whose address is 1150"O"Street,Greeley,Colorado 80631 hereinafter referred to as"County,"and AISA Civil,Inc.,a corporation,duly authorized to do business in the State of Colorado,whose address is P.O.Box 567,Brighton,CO 80601_,hereinafter referred to as"Contractor". Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. Exhibit A consists of County's Request for Bid as set forth in"Bid Request No.B1400067". The Bid Request 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. WITNESSETH: WHEREAS, Flood Repairs: Bridge 61/54A are in need of construction services, (hereinafter referred to as the"Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the repair of this road or bridge, and WHEREAS, County requires an independent contract construction professional to perform the Construction Services required by County and set forth in Exhibit A; and WHEREAS,Contractor is willing to perform and has the specific ability to perform the required Construction Services at the cost specifically set forth in Exhibit B: NOW,THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree as follows: 1. Components of Agreement: County and Contractor acknowledge and agree that this Agreement,including specifically Exhibits A and B,define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements.Contractor acknowledges that Exhibit A contains highly important forms and/or documents,some of which must be completed subsequent to the execution of this Agreement, and further acknowledges that those forms requiring completion by Contractor shall be completed to the satisfaction of County at the time and in the manner required by County.Contractor further acknowledges that a failure to comply with any of the requirements of Exhibit A and B may result in County's decision to withhold payment. 2. Work to be Performed. Contractor, under the general direction of, and in coordination with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"),agrees to perform the services described on attached Exhibits A and B.Contractor agrees that during the term of this Agreement,it shall fully coordinate its construction services with County and/or any other person or firm under contract with the County doing work or providing services which affect Contractor's services. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement.Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. Contract 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.In no event shall this Agreement continue beyond one year from County's execution of the Agreement unless the parties specifically agree to a continuation in writing. 4. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project,and County's acceptance of the same,County agrees to pay the amount earned, up to$101,100.00,set forth in Exhibit B.Contractor acknowledges no additional payment will be made by County unless a"change order"authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. 5. Additional Work. In the event the County shall require changes in the scope,character,or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by Contractor for adjustment hereunder must be made in writing prior to the performance of any work covered in the anticipated supplemental Agreement.Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement.Contractor shall perform its duties hereunder as an independent contractor.Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers'compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party.Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes(if applicable)incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters:(a)provide and keep in force workers'compensation and unemployment compensation insurance in the amounts required by law(and as set forth in Exhibit A), and(b)provide proof thereof when requested to do so by County. 7. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement,whether or not such materials are in completed form, shall at all times be considered the property of the County.Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 8. Termination Provisions. A. County has the right to terminate this Agreement,with or without cause on thirty(30)days written notice.Furthermore,this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials(or services)under this Agreement beyond the time when such materials(or services) become unsatisfactory to the Manager. B. If this Agreement is terminated by County,Contractor shall be compensated for,and such compensation shall be limited to,(1)the sum of the amounts contained in invoices which it has submitted and which have been approved by the County;(2)the reasonable value to County of the materials which Contractor provided prior to the date of the termination notice,but which had not yet been approved for payment; and (3) the cost of any work which the Manager approves in writing which he determines is needed to accomplish an orderly termination of the work.County shall be entitled to the use of all material generated pursuant to this Agreement upon termination, C. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement,together with all other items,materials and documents which have been paid for by County,and these items,materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked"DRAFT-INCOMPLETE." D. Upon termination of this Agreement by County,Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 9. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement.Contractor shall faithfully perform the work in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement. Contractor further represents and warrants that: A. All construction services shall be performed by qualified personnel in a professional and workmanlike manner,consistent with industry standards. B. All construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 10. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default.No assent,expressed or implied,to any breach of any one or more covenants,provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance and Indemnification. Contractor stipulates that it has met the insurance requirements identified in Exhibit A.Contractor shall be responsible for the professional quality,technical accuracy, and quantity of all construction services provided,the timely delivery of said services,and the coordination of all services rendered by Contractor and shall,without additional compensation,promptly remedy and correct any errors,omissions, or other deficiencies. Contractor shall defend, indemnify and save harmless County,its officers,agents,and employees,from and against injury,loss damage,liability, suits,actions,or claims of any type or character brought because of Contractor's acts,errors or omissions in seeking to perform its construction obligations under this Agreement. Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person,persons,or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement,or on account of or in consequence of neglect of Contractor in its construction methods or procedures;or in its provisions of the materials required herein,or through use of unacceptable materials and/or materials not identified in Exhibits A and B; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. County may retain as much of any moneys due Contractor under any this Agreement as may be determined by it to be in the public interest. By execution of this Agreement, Contractor has agreed to secure and maintain the insurance required by the terms of Exhibit A. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement.Weld County and the State of Colorado shall be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 201011/85,CG 2037,or equivalent). 12. 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. 13. Time of the Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Examination of Records. Contractor agrees that any duly authorized representative of County, including the County Auditor, shall,until the expiration of five(5)years after the final payment under this Agreement,have access to and the right to examine and audit any books,documents,papers and records of Contractor,involving all matters and/or transactions related to this Agreement. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God,fires, strikes,war, flood, earthquakes or Governmental actions. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as Director of Weld County Department of Public Works, or his designee. 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations,representations,and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available.. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest—C.R.S.6624-18-201 et seq.and 624- 50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect,that would in any manner or degree interfere with the performance of Contractor's services and Contractor shall not employ any person having such known interests.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. 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision,to the extent that this Agreement is then capable of execution within the original intent of the parties. 23. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protections or other provisions, of the Colorado Governmental Immunity Act §§24-l0-101 et seq., as applicable now or hereafter amended. 24. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 25. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County,Colorado or its designee. 26. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.In the event of a legal dispute between the parties,Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 27. Public Contracts for Services C.R.S. 68-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Agreement and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement through participation in the E- Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(e),Contractor shall not knowingly employ or subcontract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement.Contractor(a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed,(b) shall notify the subcontractor and County within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this Agreement,(c)shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice,and(d)shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to CRS §8- 17.5-102(5),by the Colorado Department of Labor and Employment. If Contractor participates in the State program, Contractor shall deliver to County, a written, notarized affirmation, affirming that County has examined the legal work status of such employee,and shall comply with all of the other requirements of the State program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5- 101 et seq., County may terminate this Agreement for breach and, if so terminated, Contractor shall be liable for damages. 28. Official Engineering Publications. Contractor acknowledges and agrees that the Colorado Department of Transportation"Standard Specifications for Road and Bridge Construction"and the Colorado Department of Transportation Standard Plans"M&S Standards"establish the requirements for all work performed by Contractor under this Agreement, and Contractor agrees to meet or exceed all standards set by these publications. Contractor further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 29. Compliance with Davis-Bacon Wage Rates. N/A. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Special Flood Provisions: FEMA Requirements. SPECIAL FLOOD PROVISION: The successful bidder agrees that it is a"Subgrantee" 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 Subgrantee 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. SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 7'" day of s-. / , 2014. CONTRACTOR: Bgm� //7 2 Date ,./7//*N e: J2.44 4-, T/fr y..,.? Title: l/z_ - 4- ,7 WELD COUNTY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST- / am( �BvY� Cls�il^ f✓dt.im) StC .ldp:ii Douglas Radem her, Chair Weld County Clerk to the Board "''�� APR 1 4 2014 p� 'cam , ` a �14 BY f leyil, . 1161 �i• De ty Clerk to the Board am" 4.4, A0/41 - We' • • RESOLUTION RE: ACTION OF BOARD CONCERNING WAIVER OF TEN-DAY WAITING PERIOD FOR •CONSIDERATION AND INVESTIGATION OF BID #B1400067, BRIDGES 53/58A AND 54/41A FLOOD REPAIRS -AISA CIVIL, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on March 31, 2014, the Department of Purchasing requested waiver of the ten-day waiting period for Bid Request #B1400067, Bridges 53/58A, 54/41A, and 61/54A Flood Repairs, for the Department of Public Works, and the Board deemed it advisable to approve said Bid on an Emergency basis because of time constraints due to the anticipated high spring runoff, and WHEREAS, on April 2, 2014, the Board reconsidered the matter and deemed it advisable to reject that portion of said Bid concerning Bridges 53/58A and 54/41A in response to a denial of Federal Highway Administration ("FHWA") funding, and to reaffirm the emergency approval of flood repairs for Bridge 61/54A, and WHEREAS, the Board has been advised of the subsequent awarding of FHWA funds concerning Bridges 53/58A and 54/41A and now deems it advisable to waive the ten-day waiting period for Bid Request#61400067. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Bid Request #61400067, specific to Bridges 53/58A and 54/41A for the Department of Public Works, be, and hereby is, waived because of time constraints due to the anticipated high spring runoff. BE IT FURTHER RESOLVED by the Board that the low bid from AISA Civil, Inc. for Bridge 53/58A, in the amount of $314,267.80, and for Bridge 54/41A, in the amount of $80,606.00, be, and hereby are, accepted. CC • CA-Cee, S,9) G/S OEM, Act, FL, -PW/ 5M. ER-, CB, 2014-1006 P00016 BC0045 EG0070 ACTION OF BOARD CONCERNING WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION OF BID #B1400067, BRIDGES 53/58A AND 54/41A FLOOD REPAIRS -AISA CIVIL, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d bete; fjL CQP wr{ eke" Dou lg a Rade cher,Chair Weld County Clerk to the Boar. �\�, Z L lI >> r bars Kirkmeyer, Pro-Tem BY: 1 l �I T ...� last De. t Clerk to the Boardj'ir an P. Conway APPRPVED AS • i UlIzc Mike Fr em oun Attorney Willi m . arcia Date of signature: 4-1(y•1l 2014-1006 P00016 MEMORANDUM ig6i Date: March 27, 2014 N T C 0 U 1 To: Trevor Jiricek, Director of General Services From: Michael Bedell, P.E., Senior Engineer RE: Bid Request No. B1400067 BOCC Approval Date March 31,2014 Bids were received and opened on March 27, 2014 for contracted construction of Flood Repairs: Bridges 53/58A, 54/41A, and 61/54A. Two bids were received ranging from $495,973.80 to $573,540.00 with the lowest bid submitted by AISA Civil, Inc. from Brighton, Colorado. My Engineer's Estimate for this work was $420,730.00 The submitted bids have been reviewed for errors and completeness. I identified one minor math error which did not change the ranking of the bidders and increased the low bid by $74.20. No other errors or discrepancies were apparent. The bid tabulation has been submitted for your information. It is my recommendation to award the construction contract to AISA Civil, Inc. for a total amount of $495,973.80. This contractor has assured me that they will start the work as soon as possible. If this bid is approved by the BOCC on March 3151 the contract time (40 calendar days) will commence on the same date. 2014-1006 BID TABULATION 3-27-14 B1400067 FLOOD REPAIRS ITEM ESTIMATED UNIT PRICE TOTAL UN1T PRICE TOTAL UNIT PRICE TOTAL NUMBER CONTRACT ITEM UNIT QUANTITY Engineer's Engineer's AISA Civil NSA Civil Dunn Dunn EM-BR 53/58A EMERGENCY REPAIRS 203 Embankment Material(CIP)(Imported) CY 4909 $2000 $98,180.00 $34.20 $167,88180 $24.00 $117,81600 203 Blading(100-150 HP Range) HOUR 20 $130.00 $2,600.00 $100.00 $2,000.00 $165.00 $330000 203 Dozing(140-180 HP Range) HOUR 20 $130.00 32,600.00 $100.00 52,000.00 $205.00 $4,100.00 203 Hydraulic Excavator(120-200 HP Range) HOUR 40 $21000 $8,40000 $115.00 $4,600.00 $22500 $9,000.00 203 Front End Loader(140-170 HP Range) HOUR 20 $120.00 $2,400.00 $11500 $2,300.00 $205.00 $4,10000 208 Rock Check Dam EACH 1 $2,000.00 $2,000.00 $2,400.00 $240000 $6,200.00 $6,200.00 208 Vehicle Tracking Pad EACH 1 $2,000.00 $2,000.00 $750.00 $750.00 $2,70000 $2,700.00 208 Removal/Disposal of Sediment(Labor) HOUR 40 $50.00 $2,000.00 $45.00 $1,800.00 $45.00 $1,80000 208 Removal➢isposal of Sediment(Equipment) HOUR 40 $100.00 $4,000.00 $60.00 $2,400.00 $20000 $6,000.00 208 Sweeping(Sediment Removal) HOUR 20 $12000 $2,400.00 $100.00 $2,000.00 $200.00 $4,000.00 208 Debris and Obstmaias Removal CY 100 $50.00 $5,000.00 $1600 $1,600.00 $150.00 $15,000.00 210 Reset Fence LF 500 $6.00 $3,000.00 $10.00 $5,000.00 $11.00 $5,500.00 506 Ripmp(l2") CY 315 $90.00 $28,350.00 $118.00 $37,170.00 $145.00 $45,675.00 625 Commotion Surveying LS I $2,000.00 $2,000.00 $1,00000 $1,000.00 $4,500.00 $4,500.00 626 Mobilization LS I $25,000.00 $25,000.00 $37,900.00 $37,900.00 $30,000.00 $30,00000 630 Flagging HOUR 480 $22.00 $10,560.00 $2650 $12,720.00 $26.00 $12,480.00 630 Traffic Control Management DAY 20 $600.00 $12,000.00 $69200 $13,840.00 $660.00 $13,200.00 630 Traffic Control Inspection DAY 10 $160.00 $1,600.00 $90.00 $900.00 $8500 $850.00 630 Constriction Traffic Sign(Panel Size B) EACH 8 $50.00 $400.00 $75.00 $600.00 $75.00 $600.00 630 Traffic Cone EACH 50 $7.00 $350.00 $800 $400.00 51100 $55000 700 Face Account-Minor Contract Revisions FA 1 $10,000.00 $10,000.00 $10,000.00 510,000.00 $10,000.00 $10,000.00 700 Force Account-Dewatering FA I $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5000.00 EM-BR 54/4IA EMERGENCY REPAIRS 203 Embankacnt Material(Cm)(Imported) CY 113 $3000 $3,390.00 $60.00 $6,780.00 $73.00 $8,249.00 203 Binding(100-150 HP Range) HOUR 10 $13000 $1,300.00 $100.00 $1,000.00 $165.00 $1,650.00 203 Dozing(140-lEO RP Range) HOUR 10 $130.00 $1,300.00 $10000 $1,000.00 $205.00 $205000 203 Hydraulic Excavator(120-200 HP Range) HOUR 20 $210.00 $4,20000 $115.00 $2,300.00 $225.00 $4,500.00 203 Front End Loader(140-170 HP Range) HOUR 20 $120.00 $2,400.00 $115.00 $2,300.00 $205.00 $4,100.00 208 Vehicle Tracking Pad EACH I $2,000.00 $2,000.00 $750.00 $750.00 $2,700.00 $2,700.00 208 Renaoval/Disposal of Sediment(Labor) HOUR 40 $5000 $2,000.00 $45.00 $180000 $45.00 $1,800.00 208 R.mmvalDisposal o(Sdiment(Equipment) HOUR 40 $100.00 $4,000.00 $6000 $2,400.00 $200.00 $8,00000 208 Sweeping(Sediment Removal) HOUR 40 $120.00 $4,800.00 $100.00 $4,000.00 $200.00 $8,000.00 208 Debris and Obstructions Ranoval CY 50 $50.00 52,500.00 $1600 $800.00 $150.00 $7,500.00 210 Reset Fence LF 500 $6.00 $3,000.00 $10.00 55000.00 $11.00 $5,500.00 506 Riprap(9") CY 68 $100.00 56,800.00 $10200 $6,936.00 $20000 $13,600.00 625 Commotion Surveying LS 1 $2,00000 $2,000.00 $500.00 550000 $3,000.00 53,000.00 626 Mobilization LS I $15,000.00 $15,00000 $13,400.00 $13,40000 $20,000.00 $2000000 630 Flagging HOUR 480 $2200 $10,56000 $26.50 $12,720.00 $26.00 $12,480.00 630 Traffic Control Management DAY 15 $600.00 $9,00000 $692.00 $10,380.00 $660.00 $9,900.00 630 Traffic Control Inspection DAY 6 $160.00 $960.00 $90.00 $540.00 $85.00 $510.00 630 CoruWctian Traffic Sign(Panel Size B) EACH 8 $50.00 $400.00 $75.00 $600.00 $75.00 5600.00 630 Tragic Cone EACH 50 $7.00 $350.00 $8.00 $40000 $11.00 $550.00 700 Face Account-Minor Contract Revisions FA I $5,000.00 55,00000 $5,000.00 $5,000.00 $5,000.00 $5,000.10 700 Force Amount-Dewatering FA I $2,000.00 $2,000.00 $2,00000 $2,000.00 $2,000.00 $2,000.00 EM-BR 61/54A EMERGENCY REPAIRS 203 Embankment Materiel(CIP)(Imported) CY 240 $30.00 $7,200.00 562.00 $14,88000 $80.00 $19,200.00 203 Eluding(100-150 HP Range) HOUR 10 5130.00 $1,300.00 $100.00 $1,000.00 $165.00 $1,650.00 203 Dozing(140-180 HP Range) HOUR 10 $13000 $1,300.00 $100.00 51,000.00 $205.00 $2,050.00 203 Hydraulic Excavator(120-200 HP Range) HOUR 20 $210.00 $4,200.00 $115.00 $230000 $225.00 $4,500.00 203 Front End Loader(140-170 HP Range) HOUR 20 $120.00 $2,400.00 $115.00 $2,300.00 $205.00 $4,100.00 208 Vehicle Tracking Pad EACH 2 $2,000.00 $4,000.00 $750.00 $1,500.00 $2,700.00 $5,40000 208 RmnvnlDisposal of Sediment(Labor) HOUR 40 $5000 $2,000.00 $45.00 5180000 $45.00 $1,80000 208 Removal/Disposal of Sediment(Equipment) HOUR 40 $100.00 $4,000.00 $60.00 $2,400.00 $20000 $8,000.00 208 Sweeping(Sediment Removal? HOUR 20 $120.00 $2,400.00 $10000 $2,000.00 $200.00 54,00000 208 Debris and Obstructions Removal CY 50 $50.00 $2,500.00 $16.00 $800.00 5150.00 $7,500.00 506 Riprap(9") CY 108 $90.00 $9,720.00 $12000 512,96000 $200.00 521,60000 625 Construction Surveying LS 1 $2,00000 52,000.00 $50000 $50000 $2,000.00 $2,000.00 626 Mobilization LS i $25,000.00 $25,000.00 $14,200.00 $14200.00 $23,00000 $23,000.00 630 Flagging HOUR 480 $22.00 $10,560.00 $26.30 512,72000 $26.00 $12,480.00 630 Traffic Control Management DAY 20 $600.00 $12,000.00 $692.00 $13,840.00 $66000 $13,200.00 630 Traffic Control k pection DAY 10 $160.00 $1,600.00 $90.00 $900.00 $85.00 $850.00 630 Construction Traffic Sign(Panel Size B) EACH 8 $50.00 $400.00 $75.00 $600.00 $75.00 $600.00 630 Traffic Cone EACH 50 $7.00 $350.00 $800 $400.00 $1100 $550.00 700 Force Account-Minor Contract Revisions FA I $10,00000 $80,000.00 $10,000.00 510,000.00 $10,000.00 $10,000.00 700 Force Acmwt-Dewatcming FA 1 $5,000.00 $5,00000 $5,000.00 $5,00000 $5,000.00 $5,00000 TOTAL $420.730.00 TOTAL $485,873.80 $573,540.00 Bidding Errors or Discropancies NIA 0$74.20 Error No Errors CD CY) CO > • 2kco O 2 / ! : � # § - - - c /) / j ) S _ _ § * § \ #m ao O1' � Jl � SM w � - m § | TamEa >) I--S « EEes W CIoe0 W § CD CD • \ § / ) ) -J § } CD \ CO ` I- k CD CD 0 k � . / § / _ / 2 k 0 } IX ≥ Q § 2 § & _ w i » - / in W 0 § co 2 w 2 S F ) ce w kti; rc.co' w § 2 » � � co 6 co ca w r o ! s Ili / - ( /§ § \ 3 - } ou = a w § _: § � ( � � � 2 / 2 2 w Wl— 2 § < D o $ § 9 62 § © \ 0 0 Z° ° / E / $ O 12 , aI- ) k / a w _I* 3 j < / w 2 ^ � LUD < ZCO \ § 2 < Zw 0 W _ \ §j § ( k \ } / CC LO o - o / / ® \ RESOLUTION RE: ACTION OF BOARD CONCERNING RECONSIDERATION OF WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION OF BID #61400067, BRIDGE 61/54A, FLOOD REPAIRS, AND REJECT THE BIDS CONCERNING BRIDGES 53/58A, 54/41A - AISA CIVIL, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on March 31, 2014, the Board of County Commissioners deemed it advisable to grant the request of the Department of Purchasing to waive the ten-day waiting period for Bid Request #B1400067, (Flood Repairs), for the Department of Public Works, because of time constraints due to the anticipated high spring runoff, and WHEREAS, the Board has been advised that the funding for Bridges 53/58A and 54/41A has been denied, therefore, the portion of Bid #B1400067 concerning said bridges is now rejected, and the emergency approval concerning Bridge 61/54A is reaffirmed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that portion of Bid Request #61400067 concerning Bridges 53/58A and 54/41A, be, and hereby is, rejected. BE IT FURTHER RESOLVED by the Board that waiver of the ten-day waiting period for Bid Request #B1400067, Bridge 61/54A, for the Department of Public Works, be, and hereby is, reaffirmed. BE IT FURTHER RESOLVED by the Board that the new low bid from AISA Civil, Inc., in the amount of $101,100.00, specific to Bridge 61/54A, be, and hereby is, accepted. i 's OEm F 5fi fa� CC' CB c� e� � ,�w(Y , ma> Li 73' H 2014-1006 PO0016 BC0045 EG0070 ACTION OF THE BOARD CONCERNING EMERGENCY BID #61400067, BRIDGE 61/54A, FLOOD REPAIRS, AND REJECT THE BIDS CONCERNING BRIDGES 53/58A, 54/41A - AISA CIVIL, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:Cpl t� / 6 uglls Radem----ri Chair r � Weld County'' Clerk to the Board :.CsL,e) arbara Kirkmey , Pro-Tem BY: Deput lerk to the Boar `I ( ,rJ= — an Conway APPROVED AS TO FORM: eb7t ikeFr %}t5t- County Attorney William . Garcia Date of signature: 2014-1006 PU0016 MEMORANDUM TEiw3.86i Date: March 27, 2014 oU I T Y To: Trevor Jiricek, Director of General Services From: Michael Bedell, P.E., Senior Engineer RE: Bid Request No. B1400067 BOCC Approval Date March 31,2014 Bids were received and opened on March 27, 2014 for contracted construction of Flood Repairs: Bridges 53/58A, 54/41A, and 61/54A. Two bids were received ranging from $495,973.80 to $573,540.00 with the lowest bid submitted by AISA Civil, Inc. from Brighton, Colorado. My Engineer's Estimate for this work was $420,730.00 The submitted bids have been reviewed for errors and completeness. I identified one minor math error which did not change the ranking of the bidders and increased the low bid by $74.20. No other errors or discrepancies were apparent. The bid tabulation has been submitted for your information. It is my recommendation to award the construction contract to AISA Civil, Inc. for a total amount of $495,973.80. This contractor has assured me that they will start the work as soon as possible. If this bid is approved by the BOCC on March 3O the contract time (40 calendar days) will commence on the same date. 2014-1006 • BID TABULATION 3-27-14 B1400067 FLOOD REPAIRS ITEM ESTIMATED UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL NUMBER CONTRACT ITEM UNIT QUANTITY Engineer's Engineer's AISA Civil AISA Civil Duran Duran EM-BR 53/58A EMERGENCY REPAIRS 203 Embankment Material(CIP)(Imparted) CY 4909 $20.00 598,18000 534.20 $167,88]80 $24.00 5117,81600 203 Bladin5(100-150 HP Range) - HOUR 20 $130.00 $2,600.00 0100,00 $2,000.00 $165.00 $3,300.00 203 Dozing(140-100 HP Range) HOUR 20 $130.00 $2,600.00 $100.00 $2,000.00 $205.00 $4,100.00 203 Hydraulic Excavator(120.200 HP Range) HOUR 40 $210.00 $8,40000 $115.00 $4,600.00 $225.00 $9,000.00 203 Front End Loader(140-170 HP Range) HOUR 20 $120.00 $2,400.00 $115.00 $230000 $205.00 54,10000 208 Rock Check Dam EACH 1 $2,000.00 $2,000.00 $2,40000 $2,400.00 $6,200.00 56,200.00 208 Vehicle Tracing Pad EACPI 1 $2,000.00 $2,000.00 $750.00 $750.00 $2,700.00 $2,700.00 208 Removal/Disposal of Sediment(Labor) HOUR 40 $50.00 $2,000.00 $45.00 $1,800.00 $45.00 $1000,00 208 Removal/Disposal of Sediment(Equipment) HOUR 40 $100.00 $4,000.00 $60.00 $2,400.00 5200.00 $8,000.00 208 Sweeping(Sediment Removal) HOUR 20 $120.00 $2,400.00 $100.00 $2,000.00 $200.00 $4,000.00 208 Debris and Obstructions Removal CY 100 $50.00 $5,000.00 $1600 $1,600,00 $15000 $15,000.00 210 Resin Fence LF 500 $6.00 $3,000.00 $10.00 $5,000.00 $11.00 $5,500.00 506 Riprap(12") CY 315 $9000 $28,350.00 $11000 $37,170.00 $145.00 $45,675.00 625 Construction Surveying LS I $2,000.00 $2,000.00 $1,000.00 $1,000.00 $4,500.00 $4,500.00 626 Mobilization LS 1 $25,000.00 $25,000.00 $37,900.00 $37,900.00 $30,000.00 530000.00 630 Flagging HOUR 480 $22.00 $10,560.011 $26.50 $12,720.00 $26.00 $12,480.00 630 Traffic Control Management DAY 20 $600.00 $12,000.00 $692.00 $13,840.00 $660.00 513,200.00 630 Traffic Control Inspection DAY 10 $160.00 $1,60000 $90.00 $900.00 585.00 $850.00 630 Construction Traffic Sign(Panel Size B) EACH 8 $50.00 $400.00 $75.00 $600.00 $75.00 $600.00 630 Traffic Cone EACH 50 $7.00 $350.00 $8.00 $400.00 $11.00 $550.00 700 Force Account-Minor Contract Revisions FA 1 $10,000.00 $10,000.00 $10,00000 $10,000.00 $10,000.00 $10,000.00 700 Force Account-Dnvalcring FA 1 $5,000.00 $5,000.00 $5,000.00 $5,00000 $5,000.00 $5,000.00 EM-01154/41A EMERGENCY REPAIRS 203 Embankment Material(CIP)(Imported) CY 113 $30.00 $3,390.00 $60.00 $6,78000 $73.00 $8,249.00 203 Binding(100-150 HP Range) HOUR 10 $130.00 $1,300.00 $100.00 $1,000.00 $165.00 $1,650.00 203 Dozing(140-180 HP Range) HOUR 10 $130.00 $1,300.00 $100.00 $1,000.00 $20500 $2,050.00 203 Hydraulic Excavator(120-200 HP Range) HOUR 20 $210.00 $4,200,110 $115.00 $2300.00 $225.00 $4,500.00 203 Front End Loader(140-170 HP Range) HOUR 20 $120.00 $2,400.00 $115.00 $2,300.00 $205.00 $4,100.00 208 Vehicle Tracking Pad EACH 1 $2,000.00 $2,000.00 $750.00 $750.00 $2,700.00 $2,700.00 208 Removal/Disposal of Sediment(Labor) HOUR 40 $5000 $2,000.00 $45.00 $1,800.00 $45.00 $1,800.00 208 Rcmoval/Disposal of Sediment(Equipment) HOUR 40 $100.00 $4,000,00 $60.00 $2,400.00 $200.00 $8,000.00 208 Sweeping(Sediment Removal) HOUR 40 $12000 $4,800.00 $100.00 $4,00000 $20000 $8,000.00 208 Debris and Obstructions Removal CY 50 050.00 52,500.00 $16.00 580000 $15000 $7,500.00 210 React Fence LF 500 $600 53,000.00 $10.00 55,00000 $11.00 $5,500.00 506 Riprap(9") CY 68 $100.00 $6,800.00 $102.00 $6,936.00 $200.00 $13,600.00 625 Construction Surveying LS 1 $200000 $2,000,110 $500.00 $500.00 $3,000.00 $3,0011.00 626 Mobilization LS 1 $15,000.00 $15,000.00 $13,400.00 $13,40000 $20,000.00 $20,000.00 630 Flagging HOUR 480 $2100 $10,560.00 $26.50 $12,720.00 $26.00 $12,400.00 630 Traffic Control Management DAY 15 $000.00 $9,000.00 $692.00 $10,380.00 $660.00 $9,900,00 630 Traffic Control Inspection DAY 6 $160.00 $960.00 $90.00 $540.00 $85.00 0510,00 630 Construction Tragic Sign(Panel Size B) EACH 8 $50.00 $400.00 $75.00 $60000 $75.00 $600.00 630 Traffic Cone EACH 50 57.00 $35000 $800 $400.00 $1100 $550.00 700 Form Aecouat-Minor Contract Revisions FA I $500000 $5,000.00 $5,000.00 $5,00000 $5,000.00 $5,000.00 700 Force Account-Dewatering FA I $2,000.00 $2,0011.00 $2,000.00 $2,00000 $2,000.00 $2,000.00 EM-BR 61(54A EMERGENCY REPAIRS • 203 Embankment Material(COP)(Imported) CY 240 $30.00 $7,200.00 $62.00 514,880.00 $80.00 $19,200.00 203 Binding(100-150 HP Range) HOUR 10 $130.00 $1,300.00 $100.00 $1,000.00 $165.00 $1,650.00 203 Dozing(140-180 HP Range) HOUR 10 5130.00 $1,300.00 $100.00 $1.000.00 $205.00 $2,050.00 203 Hydraulic Excavator(120-200 HP Range) HOUR 20 $210.00 $4,200.00 $115.00 $2,300.00 $225.00 $4,500.00 203 Front End Loader(140.170 HP Range) HOUR 20 $120.00 $2,400.00 $115.00 $2,300.00 $205.00 $4,100.00 208 Vehicle Tracking PM EACH 2 $2,000.00 $4,000.00 $750.00 $1500.00 $2,700.00 $5,400.00 208 Removal/Disposal ofSediment(Labor) HOUR 40 $50.00 $2,000.00 $45.00 $1000.00 $45.00 $1,800.00 208 Removal/Disposal ofSediment(EguipmeoO HOUR 40 $10000 $4,000.00 $60.00 $2,400.00 $200.00 $8,000.00 208 Snapmg(Sediment Removal) HOUR 20 $120.00 $2,400.00 $100.00 $2,000.00 $200.00 $4,000.00 208 Debris and Obstructions Removal CY 50 $50.00 $2,500.00 $1600 $80000 $150.00 $7,500.00 506 Riprap(9") CY 108 $90.00 $9,720.110 $120.00 $12,960.00 $200.00 $21,600.00 625 Construction Surveying LS 1 92,000.00 $2,000.00 $500.00 $50000 $2,000.00 92,000.00 626 Mobilization LS I $25,000.00 $25,000.00 $14,200.00 $14,200.00 $23,000.00 $23,000.00 630 Flagging HOUR 480 $22.00 $10560.00 $26.50 $12,720.00 $26.00 $12480.00 630 Traffic Control Management DAY 20 $60000 $12000.00 $692.00 $13,840.00 $660.00 91320000 630 Traffic Control Inspection DAY 10 $160.00 $1,600.00 $90.00 $900.00 $8500 $850.00 630 Construction Traffic Sign(Panel Size B) EACH B $50.00 $400.00 $75.00 $600.00 $75.00 $600.00 630 Traffic Cone EACH 50 $7.00 $350.00 $8.00 $400.00 $11.00 $550.00 700 Force Account-Minor Coatrocl Revisions FA 1 $10,000.00 .$10,00000 $10,000.00 $10,00000 $10,000.00 $10,000.00 700 Force Aceowl-Dewamring FA I $5,000.00 $5,0 00.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 TOTAL $420,730.00 TOTAL $495,973,80 $573,540,00 Bidding Errors or Discrepancies NIA +674.20 Error No Errors Co O) o 0k CO O 2 / j ! \ ) 2 cm c ° © ei Fd ® ® « <� a � « 32f ® am w ® eoa 0O c6 Co � Jl ._ § ± z - a ) p\ § @ ` ® e ° 0 -.E2m w Dee / � $ ( } j ) ) _ co _ -J ( _ _ : I- 0 0 o2 06 0 2 M co 2 co 2 m / \ \ _ \ R ' ° i CC / < 0 } rro cn u- « - x et ILI co ? / I- 0 § Icel:N1 . § \ }ro 2 } - - § L � § ® ® \ '9 § \ z /°{ " r \ 3 § 00 \ < H E o , , o < m / z ; MW § § z — I 0 y k . oji- co \ < D o § o « R M@ ■ e « o 0 0 > _ _ { § 2Ir < c o 42O crwO o > 0 = g � � � f \ k § /{ 0 ( m / E _ 2} f bw = owo 5o = z\ e z } / a ( §Iz = m < = o ) z ± o j § . < wwg ) � 00E _ wW E / _ W _ MM « « _ = , o , . 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