BID SPECS - WCR 72 and 76 Paving RFP 4-10-25 - 20.docx

Public Works Construction – Request for Proposal (RFP)

Solicitation Number: B2500020

Title: WCR 72 and 76 Paving Project

Issue Date: April 16, 2025

Pre-Proposal Meeting: April 30, 2025, at 1:00 PM (Mandatory)

Pre-Proposal Location: 1111 H Street, Greeley, CO 80632

Questions Due: May 9, 2025, at 1:00 PM

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

Proposal Due Date: May 16, 2025, at 1:00 PM, 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

Form Revision 12-2024

Solicitation #B2500020 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 Response Form Schedule F: Insurance & Bonds Requirements Schedule G: Weld County Contract Example

RFP Attachments

Attachment 1 – All Bidders Required Forms Attachment 2 – Successful Bidder Forms Attachment 3 – Special Provisions Attachment 4 – Drawings 11” x 17”

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 72 and 76 Paving Project

A mandatory pre-proposal conference will be held on April 30, 2025, at 1:00 PM at the Public Works Department located at 1111 H Street, Greeley, CO 80632. Proposers must participate and record their presence at the pre-proposal conference to be eligible to submit Proposals.

Proposals will be received until: May 16, 2025, at 1:00 PM (Purchasing Time Clock). The submitted Proposals will be read over a Microsoft Teams Conference Call on May 16, 2025, at 1:30 PM. 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: 223 087 972 635 4 Passcode: w2HN27MQ

+1 720-439-5261,,928879906# United States, Denver Phone conference ID: 928 879 906#

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 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. Proposers are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the Proposer’s risk.

3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders (proposers) in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids (proposals) for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject 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 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 the WCR 72 and 76 Paving Project.

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 process using a 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 This project consists mainly of two miles of roadway improvements for gravel roads located in the vicinity of the Town of Eaton. The Contractor will be required to perform earthwork, stormwater erosion control, revegetation, geogrid, aggregate base course, asphalt paving, stormwater drainage pipes, temporary traffic control, signing, and striping. The allowed time for the construction is 60 calendar days, and is anticipated to occur during the summer of 2025. Weld County staff has designed this project. Drawings will be provided as a pdf-type file intended to print 11”x17” hard copies. Contract forms required from all bidders, and from the successful bidder will be provided. Project Special Provisions (specifications) will be provided to all bidders.

Schedule C - Procurement Schedule

Below is the anticipated schedule for procurement of this solicitation:

Advertisement Date April 16, 2025

Mandatory Pre-Proposal Meeting April 30, 2025, at 1:00 PM

Technical Questions Due May 9, 2025, at 1:00 PM

Last Day for Issued Addendum May 9, 2025, at 5:00 PM

Proposals Are Due May 16, 2025, at 1:00 PM

Interviews (Optional) TBD

Contract Execution (Anticipated) June 4, 2025

Schedule D – RFP Response Criteria

RFP Response Submittal

Weld County is seeking the proposer with the best value for the County. To aid in the determination, contractor shall address the following items in the RFP response submittal, The RFP Response should be arranged in order of the evaluation criteria shown in the RFP Review Scoring Table below. The response items include:

1. The RFP Response shall include statements showing the proposer clearly understands the scope of the project and its objectives.

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

3. The RFP Response shall include a description of how the project costs will be controlled for both the prime contractor and their sub-contractors.

4. Describe how the proposer will ensure that all Federal, State, and Local regulations will be followed.

5. Describe how the proposer will handle the quality control for the entire project.

6. Describe any judgements, claims, or suits pending or outstanding against proposer’s company.

7. Describe any projects where the proposer has been assessed liquidated damages within the last 5 years.

8. Explain how the proposer is familiar with Weld County’s project specifications and policies.

9. The RFP Response shall include a preliminary construction schedule showing major construction items associated with this project, and how the proposer would complete the project within the contract time.

10. The RFP Response shall include Attachment 1: All Bidders Required Forms. These forms will not be counted towards the RFP Response maximum pages limit described below.

Response Format

The following defines the response format:

1. Limit the total length of RFP Response to a maximum of 15 pages.

a. The County will reject RFP responses received that are longer than 15 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.

b. Text sizes shall be 11 point or larger.

3. 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 in the Special Provisions the maximum allowable contract time acceptable. 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 may 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 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

Range

· 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 May 16, 2025, at 1:00 PM:

1) Contractor’s Proposal – Outlined in Schedule D.

2) Schedule E: Proposal Response Form.

3) Attachment 1: All Bidders Required Forms.

4) Any issued Addenda must be completed/acknowledged.

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 unit costs and total cost 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.

Solicitation #B2500020 Page 7

Total Proposal Amount ($)

Table Note: Include all Force Account (F/A) items and amounts in the 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 B2500020.

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 Requirements.

6. Acknowledgment of Schedule G – Weld County Contract Example.

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 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 during 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 regarding 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. 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 more than 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 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: Michael Bedell, Senior Engineer Email: mbedell@weld.gov Telephone: 970-301-0780

Mail:

Weld County Department of Public Works ATTN: Michael Bedell, Senior Engineer P.O. Box 758 Greeley, CO 80632 Schedule G - Weld County Contract

Contractual Obligations

1. The successful Contractor will be required to sign a contract substantially like 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 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

FOR

THIS AGREEMENT is made and entered into this day of , 2025, by and between the Board of Weld County Commissioners, on behalf of the Public Works Department, hereinafter referred to as “County,” and , 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 B2500020.

Exhibit B consists of Contractor’s Response to County’s Request for Bid B2500020.

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.

3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor’s completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein.

4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may i terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. 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 that is incomplete at the time of termination shall be marked “DRAFT-INCOMPLETE.” 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 services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered.

5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 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 Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement.

6. Compensation/Contract Amount. Upon Contractor’s successful completion of the Work, and County’s acceptance of the same, County agrees to pay an amount not to exceed $ , as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).

7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor’s officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers’ compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement.

Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract.

8.