BID SPECS - WCR 41 and SH 52 Intersection Improvements Project RFP 4-2-25 Final.docx

Public Works Construction – Request for Proposal (RFP)

Solicitation Number: B2500045

Issue Date: April 2, 2025

Pre-Proposal Meeting: April 16, 2025, at 10:00 a.m.

(Mandatory)

Questions Due: April 21, 2025, by 7:00 a.m.

Questions email: egreen@weld.gov with copy to bids@weld.gov

Proposal Due Date: April 28, 2025, by 10:00 a.m., Purchasing’s Clock

Proposal Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631

For additional information: bids@weld.gov

Documents Included in this Solicitation Package

Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631

Solicitation # B2500045 Page 18

Solicitation # B2500045 Page 13

RFP Schedules

Schedule A: Solicitation Instructions Schedule B: Scope of Work Schedule C: Procurement Schedule Schedule D: RFP Response - Criteria Schedule E: Proposal Form Schedule F: Insurance & Bonds Schedule G: Weld County Contract Schedule H: Forms Due with Proposal Schedule I: Public Works Contract Forms RFP Attachments

Attachment 1 – Contract Administration Forms Attachment 2 – Weld County Project Special Provisions Attachment 3 – Applicable CDOT Standard Special Provisions Attachment 4 – Construction Plan Set

Table of Contents

Schedule A - Solicitation Instructions

Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, “Weld County”), wishes to purchase the following:

WCR 41 and SH 52 Intersection Improvements Project

A Mandatory Pre-Proposal conference will be held on April 10, 2025, at 10:00 a.m. at the Weld County Public Works building located at 1111 H Street, Engineering North Conference Room, Greeley, CO 80631. Proposers must participate and record their presence at the pre-proposal conference to be eligible to submit Proposals.

Proposals will be received until: April 28, 2025, at 10:00 a.m. (Weld County Purchasing Time Clock). The submitted Proposals will be read over a Microsoft Teams Conference Call on April 28, 2025, at 10:30 a.m. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the Proposal opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631.

Join the meeting now Meeting ID: 214 826 576 306 Passcode: nx3ja6GE

+1 720-439-5261,,88408086# United States, Denver Phone conference ID: 884 080 86#

Proposal Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their Proposals, quotes, proposals, addendums, and awards on this one centralized system.

Proposal Submission

1. PREFERRED: email Proposals to bids@weld.gov If your Proposal exceeds 25MB please upload your Proposal to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed Proposals will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the Proposal due date and time.

2. PDF format is required. Emailed Proposals must include the following statement on the email: “I hereby waive my right to a sealed Proposal”. An email confirmation will be sent when your Proposal has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions.

Introductory Information

1. Proposals shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each Proposal must give the full business address of Proposer and be signed by authorized person. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Proposals by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A Proposal by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the Proposal of the individual signing. When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Proposer. All corrections or erasures shall be initialed by the person signing the Proposal. All Proposers shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this solicitation as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the solicitation forms shall be suitably filled in. Proposers are required to use the solicitation forms which are included in this package and on the basis indicated in the Solicitation Forms. The submitted proposal must be filled out completely, in detail, and signed by the Proposer.

2. Late or unsigned Proposals shall not be accepted or considered. It is the responsibility of the Proposer to ensure that the proposal arrives in the Weld County Purchasing Division on or prior to the time indicated in Schedule A. Hard copy Proposals received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Purchasing Division for the premature opening of a Proposal not properly addressed and identified. Proposals may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing Proposer prior to the time fixed for award. Negligence on the part of a proposer in preparing the Proposal confers no right for the withdrawal of the Proposal after it has been awarded. Proposrs are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the Proposer’s risk.

3. Weld County reserves the right to reject any and all bids (proposals), to waive any informality in the bids (proposals), to award the bid (proposal) to multiple vendors, and to accept the bid (proposal) that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) (proposal) may be awarded to more than one vendor.

Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of seeking solicitations and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms.

Schedule B - Scope of Work

Project Overview Weld County is seeking Proposals for a vendor to provide construction services for improvements to the WCR 41 and SH 52 intersection.

Method of Procurement Best Value: Best Value refers to a project procurement method where price and other key factors, such as quality and expertise, are considered in the evaluation and selection process. Best Value is typically achieved through a two-step process using a Request for Qualifications (RFQ) and Request for Proposal (RFP) to evaluate proposers.

Delivery Method Design-Bid-Build (DBB): Design-Bid-Build (DBB) is the traditional project delivery method in which County either designs or retains a designer to furnish complete design services. Then solicits bids or proposals (advertises) and awards a separate construction contract based on the designer's completed construction documents. In DBB, the agency "owns" the details/risks of design during construction and as a result, is responsible for the cost of any errors or omissions encountered in construction.

Pricing Method Unit Pricing: Unit pricing is where the contractor simply sets a price for each unit of type of work, or category of cost.

Specific Requirements and Responsibilities The scope of this project is for a heavy civil contractor who is experienced in asphalt removal, installation of storm culverts, earthwork, hot mix asphalt paving, roadway signage & striping, installation of guardrail, and temporary/permanent erosion control. The work generally consists of but is not limited to the following:

1. Providing a field office and sanitary facilities in accordance with the project specifications.

2. Providing a field soils laboratory in accordance with the project specifications.

3. Work site traffic control.

4. Laying out and staking of project limits.

5. Coordination with third party utility companies and their contractors.

6. Erosion and sediment control installations, management, inspections, and maintenance.

7. Clearing and grubbing of the project site.

8. Stripping and stockpiling of topsoil.

9. Removal of full depth of existing asphalt mat along WCR 41 by saw cutting, chunking, and planing.

10. Process Control (PC) testing in accordance with project specifications.

11. Installation of storm culverts, manhole, toe walls, and riprap.

12. Earthwork to build road subgrade and roadside grading.

13. Installation of geogrid.

14. Placement of Aggregate Base Course (Class 6).

15. Placement of Aggregate Base Course (RAP) for relocated Sakata access road.

16. Placement of Hot Mix Asphalt (HMA).

17. Placement of Aggregate Base Course (Shoulder Material).

18. Locating, preserving, and referencing a Public Land Survey System (PLSS) monument within the intersection with the assistance of a Colorado licensed Public Land Surveyor (PLS). Adjustment or replacement of the associated monument box with the assistance of a Colorado licensed PLS to accommodate removal of asphalt mat and the final Hot Mix Asphalt (HMA) pavement surface.

19. 4-inch HMA mill and overlay of SH 52. Apply temporary waterborne pavement marking paint immediately following milling; apply permanent modified epoxy pavement marking paint immediately following overlay.

20. Placement/fine grading of Aggregate Base Course (Class 6) at accesses beyond HMA limits.

21. Application of permanent striping utilizing modified epoxy pavement marking paint and preformed thermoplastic pavement markings.

22. Installation of permanent signage.

23. Installation of guardrail.

24. Subgrade preparation for topsoil, amendment and distribution of topsoil, installation of soil retention blanket, seeding, and mulching for final site stabilization. Restoration of farmed field areas.

25. Setting of survey boundary monuments (Type 1).

Schedule C - Procurement Schedule

Below is the anticipated schedule for procurement of this solicitation:

Advertisement Date April 2, 2025

Pre-Proposal Meeting (Mandatory) April 16, 2025, at 10:00 a.m. at 1111 H Street, Greeley, CO 80631, Engineering North Conference Room

Technical Questions Due April 21, 2025 by 7:00 a.m.

Technical Questions email egreen@weld.gov with copy to bids@weld.gov

Questions Answered via Addendum April 22, 2025 (Final Addendum)

Interviews (Optional) May 20, 2025

Solicitation Notice of Award (Anticipated) June 2, 2025

Contract Execution (Anticipated) June 18, 2025

Notice to Proceed (Anticipated) June 19, 2025

Schedule D – RFP Response Criteria

RFP Response Submittal

Weld County is seeking the Contractor who represents the best value for the County. To aid in the determination, the Contractor shall submit a proposal containing the items described below. The RFQ/RFP Response should be arranged in order of the evaluation criteria shown in the RFP Review Scoring Table below.

1. Statements showing the proposer clearly understands the scope of the project and its objectives.

2. Describe how the proposed methodology will meet the desired goals of the project.

3. Include a brief description of similar or related projects completed within the last 5 years.

4. Emphasize projects that have included aspects related to this RFQ/RFP.

5. The RFQ/RFP response shall include a description of critical issues that the Contractor considers to be of importance for the project and how those issues will be solved.

6. A description of how the project costs will be controlled for both the prime contractor and their sub-contractors.

7. Describe how the Contractor will ensure that all Federal, State, and Local procedures will be followed.

8. Describe how the Contractor will handle the quality control for the entire project.

9. Describe any judgements, claims, or suits pending or outstanding against Contractor’s company.

10. Describe any citations by OSHA for violations within the last 5 years.

11. Describe any projects where the Contractor has been assessed liquidated damages within the last 5 years.

12. Describe any changes in company ownership in the last 5 years.

13. A description of the Contractor’s main office location and explain how it will not affect the project coordination with the County.

14. Explain how the Contractor is familiar with Weld County and CDOT project specifications and policies.

15. Include a list of the number of employees and the annual operating budget.

16. Explain the Contractor’s knowledge about Weld County in general.

17. Include a list of Contractor’s facilities and major equipment leased or owned (excavators with bucket sizes, blades, dozers, scrapers, tractor trailers, etc.)

18. A detailed phasing plan. The County has provided a general phasing plan in the Commencement and Completion Project Special Provision. It is expected that the Contractor will use the general phasing plan to develop the detailed phasing plan.

19. A preliminary construction schedule showing major construction items associated with this project, and how the Contractor would complete the project within the contract time following the phasing plan. Note, if the Contractor’s schedule shows completion before the completion date listed in the RFQ/RFP Response, the completion date will be updated to match the completion date provided in the Contractor’s Response.

20. References from at least three other projects with similar requirements that have involved the staff proposed to work on this project. The County may choose to visit one or more of the listed projects and/or request a copy of the plans and documentation completed.

21. For the Contractor’s staff proposed to handle CDOT / federal aid paperwork requirements on this project, specifically describe their experience with these requirements and their familiarity with CDOT Region 4 staff.

Response Format

The following defines the response format:

1. Limit the total length of RFP Response to a maximum of 20 pages.

a. The County will reject RFP responses received that are longer than 20 pages in length.

b. The front and back cover will not count as pages.

c. Section dividers also do not count as pages unless they have photos or text on them, then they will be included in the pages count.

d. The proposal document forms included in this request which are mandatory to submit with your Proposal will not be included in the page count for your proposal.

2. RFP Responses shall be mainly made up of 8 ½” x 11” paper.

a. 11” x 17” paper can only be used for presenting construction schedules, or example plan sheets.

b. Text sizes shall be 11 point or larger.

3. In addition to the Proposal submission instructions and deadline identified, Proposer shall submit 5 hard copies to the Purchasing Division located at 1301 North 17th Avenue on April 28, 2025 by 4:00 p.m. These hard copies will be used by the selection committee. Proposers shall ensure the hard copies of the proposals are exactly how the proposers want them to be presented.

4. Failure to follow these instructions may result in the RFP Response being rejected.

Best Value Selection Process Summary Description

The following simple equation is utilized to determine the selection process scoring of the contractors which submit proposals.

BV = TS + SS + CS + IS

BV = Best Value Total Score (150 points maximum) TS = Technical Score (50 points maximum) SS = Schedule Score (20 points maximum) CS = Cost Score (30 points maximum) IS = Interview Score (50 points maximum) (this criterion is optional to the County)

Technical Score Based upon 4 separate evaluation criteria, each with their own weighting factors. Evaluation criteria are as follows:

· Scope of proposal and team.

· Critical issues and similar projects.

· Project control and approach.

· Work location/familiarity.

Schedule Score County discloses to Proposers the maximum allowable contract time acceptable, for example 150 calendar days. The earliest responsible proposed schedule scores 20 points. Other proposed schedules score based upon a ratio to the earliest. This Schedule Score is calculated by the Project Manager and provided to the selection committee members after the Technical Scores have been determined. The schedule of the successful Proposer shall form the basis for establishing the contract time, and liquidated damages would be applied after this contract time has expired.

Cost Score The lowest responsible cost proposal scores 30 points. Other proposed costs score based upon a ratio to the lowest cost. The County will request Proposers to submit their cost proposal separately from their main proposal document. The Project Manager will not share the cost proposals with the other selection committee members until after the technical and schedule scores have been prior determined.

Interview Score (optional) If the County decides to incorporate this criterion into the selection process, they will select the three Proposers with the highest scores to participate. In such case, these short-listed Proposers interview scores shall be added into the equation which determines the Best Value Total Score (BV).

Scoring Criteria

The RFP Responses will be evaluated using the criteria listed in each Table. 1 through 3. NOTE: Each RFP Response will be individually evaluated by a team of reviewers. Each reviewer will score using a rating scale from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. After the individual reviewers have scored each area, the individual reviewer scores will be totaled.

The two to three highest scored RFP Responses will be invited to participate in interviews (if required) to help the reviewers determine the final overall score and which represents the best value to the County. If interviews are determined to be necessary for the selection process, Contractors will be evaluated on the criteria shown below in Table 4.

After all scores have been determined from the RFP Response and the interview (if required), each score will be totaled for each RFP. The highest score will be considered the top ranked proposal and best value for the County. NOTE: The highest score proposal may not be the lowest proposed cost.

Table 1 - Technical Scoring Form

Scope of Proposal and Team

· The proposal clearly shows an understanding of the project objectives.

· The proposed methodology meets the desired goals of the County.

· Qualifications and relevant experience of key team members (including subcontractors).

· Evidence that the team has worked together successfully on past similar projects.

· The proposal offers realistic solutions to the critical issues.

· Contractor has demonstrated its ability to produce successful projects, meet project schedules, and meet project budgets.

· The team has successfully completed projects for Weld County in the past.

· The proposal describes clearly how their major subcontractor’s costs will be controlled.

· The Contractor has demonstrated their ability to ensure that State and Federal regulations and specifications are met.

· The Contractor has demonstrated a quality control (QA/QC) process in place to manage the quality of the materials and final product.

· The proposal describes how impacts to the travelling public and impacts to access for residences and businesses (including agricultural operations) will be minimized and balanced with construction project safety and efficiency.

· The approach is described in a logical manner.

· The Contractor is familiar with Weld County policies and construction criteria.

· The Contractor demonstrated knowledge of Weld County in general.

Table 2 - Schedule Scoring Form

· Weld County will supply the initial project schedule goals, and Contractors will be encouraged to meet or exceed those goals.

· The schedule and resultant Contract Time proposed by the successful Proposer will become the basis for the official Contract Time allowed.

Table 3 - Cost Scoring Form

· The Contractor’s cost proposal will remain sealed until after their Technical Score and Schedule Score have been first established.

· The lowest responsible Proposal cost will receive 30 points, and all other Contractor’s Proposal costs will be scored based upon their ratio to the lowest cost.

Table 4 - Interview Scoring Form

· The Contractor offered innovative ideas for the project.

· The Contractor’s proposed project manager demonstrates effective communication skills.

· The people being interviewed displayed effective communication skills.

· The answers provided by the Contractor demonstrated a clear understanding of the project and the project goals.

Schedule E - Proposal Response Form

Proposal Submittal Instructions The following items must be completed and submitted with your Proposal on or before the opening deadline of 10:00 a.m. on April 28, 2025:

1) Vendor’s Proposal – Outlined in Schedule D

2) Schedule E: Proposal Response Form

3) Schedule H: Forms Due with Proposal

4) Any issued Addenda must be completed/acknowledged.

5) All other items as requested in the Bid Specifications and/or Scope of Work.

Failure to include any of the above items upon submittal of your Proposal may result in your Proposal being incomplete, non-responsive, and your Proposal being rejected. If there are any exclusions or contingencies submitted with your Proposal, it may be disqualified.

System for Award Management (SAM) Database

Proposers must be registered in the System for Award Management (SAM) database. In space below, provide the company’s Dun & Bradstreet (DUNS) number. Weld County will use the SAM database to verify the company’s registration and status.

DUNS/UEI #: ____________

Fees - Proposal Schedule Provide fees for this project in the Proposal Schedule spaces below:

NOTE: The following are items of work to be completed by Weld County:

1. Materials Quality Acceptance (QA) and Independent Assurance (IA) Testing.

2. Construction Inspection.

Note: Include all Force Account (F/A) items and amounts below in the total Proposal amount.

TOTAL PROPOSAL AMOUNT ($)

TOTAL PROPOSAL (WRITTEN WORDS):

Fees – Cost Adjustments

Proposers have the option to accept Fuel and/or Asphalt Cement Cost Adjustments in accordance with CDOT Section 109 for Fuel and Asphalt Cement Cost Adjustments. To accept either of these standard special provisions, the Proposer must fill in an “X” next to the “YES” below. No Fuel or Asphalt Cement Cost Adjustments will be made due to fuel or asphalt cement cost changes for Proposers who answer “NO”. If neither line is marked, the Department will assume the Proposer has answered “NO”. After the Proposals are submitted, Proposer will not be given any other opportunity to accept or reject the Fuel and/or Asphalt Cement Cost adjustments.

Fuel Cost Adjustment

· YES, I choose to accept Fuel Cost Adjustments for this project.

· NO, I choose NOT to accept Fuel Cost Adjustments for this project.

Asphalt Cost Adjustment

· YES, I choose to accept Asphalt Cement Cost Adjustments for this project.

· NO, I choose NOT to accept Asphalt Cement Cost Adjustments for this project.

Attestation

The undersigned, by his or her signature, hereby acknowledges and represents that:

1. The Proposal herein meets all the conditions, specifications and special provisions set forth in the Request for Proposal No. B2500045.

2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes.

3. He or she is authorized to bind the below-named Proposer for the amount shown on the accompanying Proposal sheets.

4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting.

5. Acknowledgement of Schedule F – Insurance and Bonds

6. Acknowledgment of Schedule G – Weld County Contract

7. By submitting a responsive proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County.

8. Weld County reserves the right to reject any and all Proposals, to waive any informality in the Proposals, and to accept the Proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The Proposal(s) may be awarded to more than one vendor.

Company Name:

Address:

Phone

Email:

FEIN/Federal Tax ID #:

CONTRACTOR:

By: ____________________________ ______________ Date of Signature Name: __________________________

Title: ___________________________

Schedule F – Insurance and Bonds

Insurance

Contractor shall provide coverage with limits of liability no less than those stated below:

Required Types of Insurance.

1) Workers’ Compensation and Employer’s Liability Insurance covering all the Contractor’s employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers’ Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form.

2) Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, departments, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations."

Such policy shall include minimum limits as follows:

Completed Operations coverage must be kept in effect for up to the statute of repose after project completion.

3) Automobile Liability:

Contractor's Automobile Insurance Policy shall include Minimum Limits as follows:

Bodily Injury/Property Damage (Each Accident) $ 1,000,000

Bodily injury and property damage for any owned, hired, and non-owned vehicles used in the performance of this contract.

4) Professional Liability: Contractor shall maintain Professional Liability Insurance covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract.

The policy/coverages shall be amended to include the following:

5) Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary.

6) Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor’s completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained, or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed.

Minimum Limits:

7) Builders' Risk Insurance or Installation Floater – Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles.

a. The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site.

b. Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County ’s has insurable interest in the property to be covered, whichever is later.

c. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub-tier contractors in the Project.

d. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false-work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect’s fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading.

e. The Builders’ Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder’s Risk Policy. The Builder’s Risk Policy shall remain in force until acceptance of the project by the County.

f. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing).

g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy.

Additional Insurance Related Requirements

No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract or decrease or limit any liability of Contractor.

The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement.

Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein.

All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, associated and/or affiliated entities, successors, or assigns; its elected officials, trustees, employees, agents, and volunteers as “Additional Insureds” for work that is being performed by the Contractor.

On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract.

Upon request by the County, Contractor must provide a copy of the actual insurance policy and/or required endorsements effecting coverage(s) required by the Contract for examination for evidence of required coverages. Copies are not kept as a record, are deemed confidential, and are not subject to disclosure under Colorado's Open Records Act (CORA). All certificates and endorsements are to be received and approved by the County before work commences.

Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract.

Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney’s Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action.

Bonds

1. For projects over $50,000 the following bonds are required:

a. A 5% Bid Bond is required at the time of Proposal submittal.

b. Performance Bond in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work.

c. Payment Bond (Labor and Materials) in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work.

2. Surety companies executing bonds must appear on the U.S. Treasury Department’s most current list (Circular 570) as amended and be authorized to transact business in the State of Colorado.

3. A 5% Retainage Fee will be held for Construction contracts over $150,000.

4. Bonds may be submitted on the Standard AIA form or Weld County Form.

Insurance Mailing Information

Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below:

Email:

Project Manager: Erich Green, P.E., Engineer III Email: egreen@weld.gov Telephone: 970-400-3742

Mail:

Weld County Department of Public Works ATTN: Erich Green, P.E., Engineer III PO Box 758 Greeley, CO 80632 Schedule G - Weld County Contract

Contractual Obligations

1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule G of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution.

2. Issuance of this solicitation does not commit the County to award any agreement or to procure.

3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee.

4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non-appropriation, and termination.

5. Contractor’s Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project-by-project basis that provide further clarification.

Weld County Standard Contract

Below is a sample of a standard Weld County Contract for Construction.

AGREEMENT FOR CONSTRUCTION SERVICES

BETWEEN WELD COUNTY AND [CONTRACTOR]

FOR [INSERT NAME OF PROJECT]

THIS AGREEMENT is made and entered into this [Insert] day of [Insert], 2024, by and between the Board of Weld County Commissioners, on behalf of the [DEPARTMENT], hereinafter referred to as “County,” and [CONTRACTOR], hereinafter referred to as “Contractor”.

WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and

WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and

WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:

1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor’s willingness and ability to meet those requirements (the “Work”). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment.

Exhibit A consists of County’s Request for Bid (RFB) as set forth in Bid Package No. [Insert Bid Number].

Exhibit B consists of Contractor’s Response to County’s Request for Bid.

2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. 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 Work within the time limits prescribed by County may result in County’s decision to withhold payment or to terminate this Agreement.