Attachment B - Sample Contract (Includes B25-09 Insurance Requirements).pdf

Engineering Contract – April 2025

LARIMER COUNTY, COLORADO

Construction Services Agreement- ENGINEERING

Bid No. B25-09 Project No. 9091

2025 Resurfacing Program

THIS AGREEMENT is made by and between the Board of County Commissioners of Larimer County, Colorado, located at 200 W. Oak, Fort Collins, Colorado 80521 ("County"), and , located at , (“Contractor”). County and Contractor agree to the following terms and conditions:

1. CONTRACT DOCUMENTS

a. The following documents are incorporated into this Agreement by this reference and are on file in the Office of Engineering Department, Larimer County, Colorado (collectively the “Contract Documents”):

i. Invitation for Bids No. and Contractor’s Proposal in response, including but not limited to the Colorado Department of Transportation Standard Specifications for Road and Bridge Construction; Colorado Department of Transportation Special Provisions; Larimer County Engineering Special Provisions; the Insurance Requirements; the Plans, Payment and Performance bonds, together with all alterations and modifications thereto (the “Bid Documents”);

ii. Bid Schedule attached hereto as Attachment A (the “Bid Schedule”).

iii. Insurance Requirements attached hereto as Attachment B

2. STATEMENT OF WORK

a. Contractor shall, in a good and workmanlike manner, at his/her own cost and expense and strictly in accordance with this Agreement, furnish all materials and do all work necessary or incidental to the complete construction of the Larimer County project referenced by the Bid and Project No. in the caption above (the “Work”).

b. County’s Contract Administrator (identified in §7(a) below), has the authority to approve changes to the scope of the Work and specifications in the Bid Documents, subject to the following:

i. The specific changes at issue shall be described in a Change Order and signed by County’s Contract Administrator and Contractor; and

ii. Any increase or decrease in costs to County shall be documented in the Change Order. If the Change Order will result in a cost increase to County exceeding 10% of the total maximum cost as stated in the Bid Schedule, the Change Order must also be signed by the Larimer County Board of County Commissioners, unless otherwise provided for in the Larimer County Policy addressing Signature Authority for County Expenditure and Revenue Commitments.

3. SCHEDULE OF WORK & LIQUIDATED DAMAGES

a. This Agreement shall be effective on the date it becomes fully executed by the parties and Contractor has delivered to County payment and performance surety bonds, acceptable to County in penal sums equal to the estimated contract price as shown on the Bid Schedule, duly executed by a corporate surety, qualified and licensed to do business and maintaining a general agent in Colorado (“Effective Date”).

b. Contingent on County issuing a Notice to Proceed to Contractor, Contractor shall begin the Work no later than the ___ day of ______________, 2025 (or such later date as may be stated in the Notice to Proceed).

c. Contractor shall complete the Work within 65 calendar days (the “Completion Date”).

d. Time is of the essence of this Agreement. Subject to §3(e) below, in the event Contractor fails to complete any Work by the Completion Date, County may withhold, as liquidated damages and not as a penalty, the sum of $_______ for each calendar day after the Completion Date that the Work remains incomplete.

e. If Contractor is delayed for any reason beyond its control, Contractor shall submit the reason for the delay in writing to County’s Contract Administrator who shall decide whether there is sufficient justification for an extension of the Completion Date. This decision shall be made in writing and shall be final.

4. PAYMENT

a. All charges, prices, fees, and discounts related to the Work are set forth in the Bid

Schedule. In no event shall County be liable to pay any money more than the total maximum cost stated in the Bid Schedule, unless County agrees otherwise in writing.

b. Contractor shall initiate payment requests by invoice to County in the amounts, form and manner stated in the Bid Schedule. With each request for payment, Contractor shall warrant that all subcontractors and material suppliers have been timely paid in accordance with Colorado Revised Statutes, §24-91-103, as now in effect or as may be amended from time to time.

c. Within forty-five (45) calendar days of its receipt of a complete and proper invoice, County shall pay the invoice so long as the amount invoiced correctly represents Work completed by Contractor in compliance with the terms of this Agreement. Payment of any invoice shall not constitute acceptance of any Work performed or deliverables provided under the Agreement. Prior to payment, County reserves the right to require such additional documentation that it reasonably deems necessary to support invoices and payments to Contractor. In such event, payment deadlines shall be tolled and non-payment pending receipt and review of such additional documentation shall not constitute a breach by County.

d. Contractor agrees that all invoices shall be exclusive of all excise, sale, use and other taxes for which County is exempt. Upon request, County shall provide Contractor a tax-exempt certificate or other similar form demonstrating its tax-exempt status.

e. County represents that sufficient appropriations exist to pay its obligations under this Agreement, and that no Change Orders will issue unless appropriations exist to cover any increased costs.

5. BREACH & EARLY TERMINATION

a. The failure of either party to perform any of its obligations in accordance with this

Agreement, in whole or in part, shall be a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach.

b. In the event of a breach, the non-breaching party shall give written notice of the breach to the other party in accordance with §7. If the notified party does not cure the breach within forty-five (45) days after the effective date of the notice pursuant to §7, the non-breaching party may exercise any of the remedies described in §6 for that party.

c. County may, at its sole option, terminate this Agreement at any time for its convenience and without cause, in which case:

i. County shall provide Contractor written notice of such termination in accordance with §7, and such notice shall specify the effective date of the termination.

ii. If County terminates for convenience, Contractor will be paid for Work completed and unpaid prior to the effective date of termination as follows:

1. Lump Sum Contracts: The percentage of the total lump sum fee that represents the ratio of Work completed to the total amount of Work;

2. Specific Rate of Compensation Contract: Incurred cost of actual Work performed;

3. Per Unit of Work Contract: The cost of each completed unit of Work and/or a percentage of each partially completed unit of Work.

4. Cost Plus Fixed Fee Contracts: Incurred cost of actual Work performed plus a percentage of the fixed fee that represents the ratio of Work completed to the total amount of Work;

iii. In no event shall County be liable for costs incurred by Contractor after the specified termination date, including but not limited to anticipated profits on this Agreement, post-termination employee salaries, post-termination administrative expenses, or post-termination overhead or unabsorbed overhead.

6. REMEDIES FOR BREACH

a. County Remedies. If Contractor is in breach under any provision of this Agreement and fails to cure such breach as provided in §5(b) above, County may terminate this Agreement or any portion of this Agreement, or in its sole discretion choose one or more of the following remedies: Seek specific performance; Withhold payment to Contractor until Contractor cures its breach; Suspend Contractor’s performance, pending corrective action by Contractor, with respect to all or any portion of the Work, which may include immediate removal from the Work of any Contractor’s employees, agents or subcontractors whom County deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable with respect to the Work.

i. If County terminates this Agreement for breach or convenience, Contractor shall take all actions necessary to carry-out the termination on the date specified in the termination notice and to minimize the liability of Contractor and County to third parties. All such actions shall be subject to prior approval of County and shall include, without limitation, the following:

1. Halting performance of all services and other Work on the date(s) and in the manner specified by County;

2. Not placing any further orders or subcontracts for materials, services, equipment, or other items;

3. Terminating all existing orders and subcontracts in a manner that minimizes liability to the greatest extent feasible under the circumstances;

4. At County’s direction, assigning to County any or all of Contractor’s right, title, and interest under the orders and subcontracts terminated.

Upon such assignment, County shall have the right, in its sole discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts;

5. Subject to County’s approval, settling all outstanding liabilities and all claims arising out of the termination of orders and subcontracts;

6. Completing performance of any services or work that County designates to be completed prior to the date of termination specified by County;

7. Taking such action as may be necessary, or as County may direct, for the protection and preservation of any property related to this Agreement which is in the possession of Contractor and in which County has or may acquire an interest.

ii. Contractor shall be liable to County for any damages sustained by County in connection with any breach by Contractor, and County may withhold payment to Contractor for purposes of mitigating damages and losses sustained by County in connection with any breach by Contractor.

b. Contractor Remedies. If County is in breach under any provision of this Agreement and fails to cure such breach as provided in §5 above, Contractor may terminate this Agreement and shall have all remedies available by law and equity.

c. No Binding Arbitration. Larimer County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Agreement, whether expressly stated or by incorporation, shall be null and void. Any provision rendered null and void by this provision shall not invalidate the reminder of this Agreement.

7. NOTICE & REPRESENTATIVES

a. All notices required or permitted under this Agreement shall be in writing and delivered in person, or by certified or registered mail to the following designated party representatives (“Contract Administrator”):

i. If to County: Erich Purcell, Construction Manager Larimer County Engineering Department 200 W. Oak Street, Suite 3000 PO Box 1190 Fort Collins CO 80522

ii. If to Contractor:

b. Notices delivered in person or by certified or registered mail are effective upon delivery.

8. LIABILITY

a. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of the monetary limits, notice requirements, immunities, rights, benefits, defenses, limitations and protections available to County under any applicable law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et. seq., as currently written or hereafter amended or implemented.

b. General Liability & Intellectual Property Indemnification.

i. Contractor shall be responsible for and hold harmless County, its employees, officials, and agents for any losses and liabilities incurred by County, its employees, officials, and/or agents, that are attributable to the negligence or fault of Contractor, its employees, agents, subcontractors, or assignees in connection with this Agreement; and

ii. Contractor shall indemnify and hold harmless County, it’s employees, officials, and agents for any losses and liabilities incurred by County, it’s employees, officials, and/or agents, in relation to any claim that any Work infringes a patent, copyright, trademark, trade secret, or any other intellectual property right.

c. Duty to Defend. Contractor shall defend the County, it’s employees, officials, and agents, by attorneys and other professionals reasonably approved by them against any claims, suits, actions or proceedings related to the losses, liabilities, and indemnity set forth in §8(b)(i) and (ii) above. In no event shall any matter be settled without prior approval by the County.

d. Insurance. Contractor shall obtain, and maintain continuously for the term of this Agreement, at its expense, the insurance types and amounts set forth in Bid Documents.

Contractor is not relieved of any liability or other obligations due to its failure to obtain or maintain insurance in sufficient amounts, durations, or types.

e. No Pledge of Credit or Aid to Corporations. Pursuant to Colorado Constitution Article XI, §1 and 2, and Article X, §20, County shall not indemnify or hold harmless Contractor, or any party related to or operating under this Agreement. No provision of this Agreement shall limit or set the amount of damages available to County to any amount other than the actual direct and indirect damages to County, regardless of the theory or basis for such damages. Any provision included or incorporated in this Agreement by reference which purports to negate this provision in whole or in part, or which conflicts with its terms, shall not be valid or enforceable or available in any action at law or equity, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by this provision shall not invalidate the remainder of this Agreement.

9. GENERAL PROVISIONS

a. Independent Contractor. Contractor is an independent contractor and under no circumstance will Contractor or any agent or employee of Contractor be deemed an employee of County. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through County, and Contractor is solely responsible to provide such benefits at its sole cost.

b. No Assignment. All rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior written consent by the other party, and any such transfer or assignment shall subject the transferee/assignee to all provisions of this Agreement.

c. Standard and Manner of Performance. Contractor shall perform its obligations under this Agreement in accordance with the highest standards of care, skill and diligence in Contractor’s industry, trade, or profession.

d. Not Exclusive. Contractor is not guaranteed any work except as expressly stated herein, and this Agreement does not create an exclusive contract for the Work.

e. Choice of Law, Jurisdiction and Venue. Colorado law shall be applied in the interpretation, execution and enforcement of this Agreement. All suits or actions related to this Agreement shall be filed and proceedings held in the State of Colorado and venue shall be in Larimer County, Colorado.

f. Contractor’s Records. Contractor shall maintain a file of all documents, records, communications, notes, accounting records and other materials relating to the Work, including documents, records, communications, notes, and other materials related to the Work performed by subcontractors or agents (collectively the “Contractor’s Records”), for a minimum of three (3) years from the date of final payment to Contractor under this Agreement. During performance of the Work and for the required record retention period, Contractor shall permit duly authorized agents and employees of County to enter Contractor’s offices to inspect, review, copy, examine, and/or audit Contractor’s Records at all reasonable times with a minimum of two (2) business days’ notice from County.

g. Debarment. Contractor certifies by signing this Agreement that neither Contractor, the organization, nor its principals are suspended or debarred or otherwise excluded from procurement by the Federal government and do not appear on the System for Award Management (SAM) exclusions list maintained by the General Services Administration

(GSA).

h. Authority. Each party represents and warrants that the execution and delivery of this Agreement and the performance of such party’s obligations have been duly authorized.

i. No Third-Party Beneficiaries. This Agreement is for the sole benefit of County and Contractor and nothing herein shall be construed as giving any benefits, rights, remedies, or claims to any other person or entity. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to County and Contractor. Any services or benefits which third parties receive as a result of this Agreement are incidental.

j. Public Records. County is subject to the Colorado’s Open Records Act (“CORA”) and Contractor acknowledges that this Agreement is disclosable to the public pursuant to CORA. Additionally, Contractor understands that other records and information related to this Agreement may be subject to public disclosure pursuant to CORA, and County will release any such records per the requirements of CORA. County shall not be responsible for any damages or claims related to its disclosure of records or information it determines must be disclosed pursuant to CORA or any other applicable law.

k. Laws and Regulations. Contractor shall strictly comply with all applicable federal and state laws, rules, and regulations in effect or hereafter established, including, without limitation, Title II of the Americans with Disabilities Act of 1990, as amended, as well as laws applicable to discrimination and unfair employment practices.

l. Ownership of Work Product. The tangible and intangible products of the Work performed under this Agreement, including but not limited to documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, pictures, negatives, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work (“Work Product”), are intended to be works made for hire and shall be solely owned by County. Contractor assigns to County all right, title, and interest to all Work Product, and agrees to cooperate and execute any documents in furtherance of County securing and/or protecting its intellectual property rights related to the Work Product. Work Product does not include any material developed by Contractor prior to the effective date of this Agreement that is used, without modification, in performance of the Work.

m. Counterparts and Signatures. This Agreement may be executed in several identical counterparts, all of which taken together shall constitute one single agreement between the parties. Facsimile signatures and signatures transmitted via portable document format (PDF) shall be considered as original signatures.

n. Warranty. The Contractor warrants and represents that it shall perform services in a timely, competent, and professional manner, and that all products and/or services furnished hereunder: (1) will conform in all respects to the terms of the contract documents, including any drawings, specifications or standards incorporated herein; (2) are in good working order and condition; (3) are free from defects in design, materials, and workmanship; and

(4) are merchantable and fit for their particular purpose. All provisions and remedies of the Colorado Uniform Commercial Code, C.R.S. Title 4, relating to implied and express warranties are incorporated herein, in addition to any warranties contained in the contract documents.

o. Right of Removal. The County retains the right to demand, at any time, regardless of whether Contractor is in breach, the immediate removal of any of Contractor’s employees, agents, or subcontractors from the work whom the County, in its sole discretion, deems incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this Contract is deemed by the County to be contrary to the public interest or the County’s best interest.

p. Digital Accessibility. Contractor acknowledges that, pursuant to the Americans with Disabilities Act (“ADA”), as amended (42 U.S.C. Sec. 1201 et seq.), programs, services and other activities provided by a public entity to the public, whether directly or through a vendor, must be accessible to people with disabilities. Contractor shall provide the services specified in this Agreement in a manner that complies with the ADA and any and all other applicable federal, state and local disability rights legislation at all times and at no additional cost to County, including but not limited to the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et. seq.; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C § 701 et. seq.; and the Colorado Anti-Discrimination Act, C.R.S. 24-34-401 et. seq., as amended; and the Colorado Accessibility Standards for Individuals with a Disability, C.R.S. 24-85-101 et. seq., C.R.S. § 24-34-802 and C.R.S. § 24-85-103. Such compliance may include, but not be limited to supporting assistive software or devices such as large print interfaces, text-to-speech output, voice activated input, refreshable braille displays, and alternative keyboard or pointer interfaces, in a manner that, at minimum, is consistent with 8 CCR 1501-11, and version 2.1 Level AA of the Web Content Accessibility Guidelines (https://www.w3.org/TR/WCAG21/#background-on-wcag-2) or its successor standard as updated and adopted by any regulatory entity of competent jurisdiction.

Contractor shall ensure that product maintenance and upgrades are implemented in a manner that does not compromise product accessibility at any time. The only exception to the WCAG 2.1 Level AA compliance requirement is if making such modifications would fundamentally alter the nature of the service, program, or activity or present an undue financial, technical, or administrative burden.

q. Invoices. Unless a shorter time period is stated in another provision of the Contract, all invoices from the Contractor to County requesting payment for services/goods provided must be received by County sixty (60) days following the month in which such services/goods were provided or conducted. Failure to ensure that the County receives such invoices within this period of time shall result in all payment obligations associated with such services/goods identified in the delinquent invoice(s), even if reinserted or reclaimed in another invoice, being waived and County shall have no obligation to pay for such services/goods.

r. Colorado Labor Requirement. (Non-Federally Funded Public Works Projects Only):

The Contractor shall comply with the provisions laid out in C.R.S. § 8-17-101, specifically the Contractor agrees to employ Colorado labor to perform no less than eighty percent (80%) of the total work on the Project.

Remainder of Page Left Intentionally Blank Signature Page Follows

BOARD OF COUNTY COMMISSIONERS

OF LARIMER COUNTY

By: ___ Chair

Date:________________________________________

Attest:

Deputy Clerk

CONTRACTOR

Company Name

By:

Signature

Date:________________________________________

Printed Name Title

Project No. 9091

2025 Resurfacing Program

BID SCHEDULE

BID No. B25-09

Date: April 10, 2025

Revision Date: ___________

REF

NO.

CONT

ITEM CONTRACT ITEM

APPROX.

QUAN. UNITS

UNIT PRICE

(2 decimals only)

EXTENDED

AMOUNT

1 202 Remove Asphalt Mat (Planing) 4,622 SY -$

2 203 Blading 24 HOUR -$

3 210 Reset Mailbox Structure (Type 1) 1 EACH -$

4 210 Reset Mailbox Structure (Type 2) 1 EACH -$

5 210 Reset Mailbox Structure (Type 3) 1 EACH -$

6 210 Adjust Manhole 1 EACH -$

7 210 Adjust Valve Box 13 EACH -$

8 304 Aggregate Base Course (Class 5)(Shoulder)(Special) 16,165 TON -$

9 403 Hot Mix Asphalt (Grading S) (75) (PG 64-22) (Patch) 3,386 TON -$

10 403 Hot Mix Asphalt (Grading SX) (75) (PG 64-22) 3,912 TON -$

11 403 Hot Mix Asphalt (Grading SX) (75) (PG 64-22) (Leveling) 3,006 TON -$

12 403 Hot Mix Asphalt (Grading SX) (75) (PG 64-22) (with Fiber) 8,484 TON -$

13 403 Hot Mix Asphalt (Grading SX) (75) (PG 64-22) (Leveling) (with

Fiber)

8,905 TON -$

14 626 Mobilization 1 L S -$

15 627 Preformed Thermoplastic Pavement Marking (Word-Symbol) 138 SF -$

16 627 Preformed Thermoplastic Pavement Marking (X-Walk - Stop-line)

284 SF -$

17 629 Monument Box 7 EACH -$

18 630 Flagging 3,010 HOUR -$

19 630 Construction Traffic Control 1 L S -$

20 630 Traffic Control Inspection 45 DAY -$

21 630 Traffic Control Management 90 DAY -$

22 630 Automated Flagging Assistance Device 1 DAY -$

23 630 Portable Message Panel 66 DAY -$

24 700 F/A Minor Contract Revisions 1 F A $370,000.00 370,000.00$

TOTAL……

Contractor's Name

370,000.00$

(Please Print)

ATTACHMENT A

SAMPLE

- F

OR IN

FORMATIO

N O

NLY

April 7, 2025 RISK MANAGEMENT DIVISION |

INSURANCE REQUIREMENTS

PN 9091 – 2025 Resurfacing Program

Prior to commencement of any work, contractor/vendor shall provide a Certificate of Insurance issued to Larimer County, 200 West Oak St., Suite 4000, Fort Collins, Colorado 80521 as the Certificate Holder. The insurance required herein shall be procured and maintained in full force and effect for the duration of the Contract or Agreement and shall be written for not less than the following amounts, or greater if required by law. Such certificate shall be delivered to InsuranceCert@larimer.org.

I. Workers' Compensation and Employers' Liability A. Workers’ Compensation: Statutory B. Employer's Liability: $100,000 Each Accident

$500,000 Disease-Policy Limit $100,000 Disease-Each Employee

C. Waiver of Subrogation in favor of Larimer County D. If the contractor/vendor is not required to carry Workers’ Compensation coverage per Colorado

Workers’ Compensation Act 8-40-202(2)(b) a signed Workers’ Compensation waiver must be provided.

II. Commercial General Liability on an Occurrence Form with minimum limits as follows:

A. Per Occurrence Limit $1,000,000 B. General Aggregate Limit $2,000,000 C. Contractor/Vendor agrees that the insurance afforded the County is primary non-contributory.

III. Automobile Liability Insurance including coverage for all owned, non-owned, & hired autos. Limits to be as follows:

A. Bodily Injury & Property Damage Combined Single Limit $1,000,000 B. Lower limits may be accepted if automobiles are not used for transport in relation to goods/service provided as outlined in agreement (i.e. only commuting to job site).

IV. Minimum required limits set forth herein may be met by utilizing a combination of excess/umbrella policies in conjunction with primary insurance policies if necessary.

V. General Liability and Automobile Liability insurance policies shall include Larimer County and its elected and appointed officials and employees as additional insureds as their interests may appear.

VI. The County reserves the right to reject any insurer it deems not financially acceptable by insurance industry standards. Insurance Companies shall be licensed to do business in the State of Colorado and shall have an AM Best rating of not less than A- VII.

VII. Notice of Cancellation: Each insurance policy required by the insurance provision of this Contract or Agreement shall provide the required coverage and shall not be suspended, voided, or canceled.

Should any of the required policies be cancelled before the expiration date, notice shall be delivered to Larimer County, 200 West Oak St. Suite 4000, Fort Collins, CO 80521 or InsuranceCert@larimer.org.

VIII. Subcontractors: If subcontractors are used by contractor/vendor in the performance of contracted services, all subcontractors are required to carry insurance coverage consistent with the limits as listed in this document and the subcontractor must include Larimer County an additional insured as described in section V.

ANY DEVIATIONS FROM THE STANDARDS GIVEN ABOVE MUST BE APPROVED BY THE

LARIMER COUNTY RISK MANAGEMENT DIVISION.

ATTACHMENT B

mailto:InsuranceCert@larimer.org

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that ____________________________________________

________________________________ , of the County of __________________, State of ______________________, as principal, and ____________________________________________

______________________________________________of _______________________________________, State of ________________________, as surety, are held and firmly bound unto the County of Larimer, in the penal sum of _____________________________________________________________________________ with interest thereon at the rate of eight percent (8%) per annum until paid, in good and lawful money of the

United States of America, for the payment of which sum well and truly to be made, principal and surety bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.

WITNESS our hands and seals this _____ day of ___________________, A.D. 2025.

The conditions of the foregoing obligation are such that whereas, on the date hereof, the said principal entered into a written contract with the County of Larimer for the construction of Bid No. B25-09, Project No.

9091 – 2025 Resurfacing Program, in the State of Colorado; said construction work to be done according to the requirements of said contract.

NOW THEREFORE, if the said principal shall at all times duly and faithfully promptly make payments in all amounts lawfully due to all persons supplying or furnishing him or his subcontractors with labor or materials used or performed in the prosecution of the work provided for in such contract, then this bond will be null and void, otherwise the principal and surety will indemnify and save harmless the County to the extent of any payments in connection with the carrying out of any such contracts which the County may be required to make under the law.

Larimer County shall be under no obligation, except as expressly provided by statute, to withhold any sums due the said principal under the terms of this bond, or to protect in any other way the surety or sureties, claimants or others.

No representation or statement of the principal made to the surety or sureties in application for this bond, or otherwise, shall be read into or be a part of this bond or binding in any way on the obligee herein.

No assignment by principal to surety of the proceeds of such contract shall be binding, except as to any net surplus after paying all claims chargeable by law or by said contract, against the proceeds thereof.

No extension of time of performance of said contract or delay in the completion of the work thereunder shall invalidate this bond or release the liability of the surety thereunder.

This Bond shall not be deemed valid until it shall have been accepted by the Chair, Larimer County Board of Commissioners, or such assistant as he or she may designate.

IN WITNESS WHEREOF, we have hereunto set our hands and seals at

, Colorado, the day and date written above.

(SEAL)

Signature of Principal

(SEAL)

Signature of Principal

(SEAL)

Signature of Surety

(SEAL)

Signature of Surety

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we _________________________________________ __________________________, of the County of ___________________, State of ____________________, as principal, and __________________________________________________________________________ of ____________________________________________________, State of ________________________, as surety, are held and firmly bound unto the County of Larimer, in the penal sum of _____________________________________________________________________________ with interest thereon at the rate of eight percent (8%) per annum until paid, in good and lawful money of the United States of America, for the payment of which sum well and truly to be made, principal and surety bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents.

WITNESS our hands and seals this _ day of __________________, A.D. 2025.

The conditions of the foregoing obligation are such that whereas, on the date hereof, the said principal entered into a written contract with the County of Larimer for the construction Bid No. Bid No. B25-09, Project No. 9091 – 2025 Resurfacing Program, in the State of Colorado; said construction work to be done according to the requirements of said contract.

NOW, THEREFORE, if the said principal shall at all times duly and faithfully discharge its, his or their duties under said contract, and shall duly and faithfully perform all the obligations thereof, and shall and will indemnify and save harmless the County of Larimer, and all persons as provided by the Statutes of the State of Colorado, from any and all damages or loss which the County of Larimer or any persons as provided by the Statutes of the State of Colorado may or shall suffer by reason of the default of the principal or anyone acting for it as subcontractor or otherwise in the performance of this contract, or by reason of any failure on the part of said principal, its agents, servants, or employees, subcontractor or subcontractors, or any of them, in the performance of said contract or any portion thereof, and if the said principal, its subcontractor or subcontractors, and each and all of them, shall duly pay for all labor, materials, and other supplies used or consumed in the performance of the work contracted to be done or any part thereof, then this obligation shall be void; otherwise it shall remain in full force and effect.

Larimer County shall be under no obligation, except as expressly provided by statute, to withhold any sums due the principal under the terms of this bond, or to protect in any other way the surety or sureties, claimants or others.

No representation or statement of the principal made to the surety or sureties in application for this bond, or otherwise, shall be read into or be a part of this bond or binding in any way on the obligee herein.

No assignment by principal to surety of the proceeds of such contract shall be binding, except as to any net surplus after paying all claims chargeable by law or by said contract, against the proceeds thereof.

No extension of time of performance of said contract or delay in the completion of the work thereunder shall invalidate this bond or release the liability of the surety thereunder.

This Bond shall not be deemed valid until it shall have been accepted by the Chair, Larimer County Board of Commissioners, or such assistant as he or she may designate.

IN WITNESS WHEREOF, we have hereunto set our hands and seals at _______________________ _________________________, Colorado, the day and date written above.

(SEAL)

Signature of Principal

(SEAL)

Signature of Principal

(SEAL)

Signature of Surety

(SEAL)

Signature of Surety

Construction Services Agreement- ENGINEERING