The URL can be used to link to this page

Browse Search

Home My WebLink About20120604.tiff AGREEMENT FOR PROFESSIONAL SERVICES AND RENOVATION OF AIR HANDLER UNITS THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 1150 'O' Street, Greeley, Colorado, 80632 ("County"), and Frontier Mechanical Inc., 2771 West Mansfield Avenue, Englewood, CO 80110 ("Contractor"). WHEREAS, County desires to retain Contractor as an independent contractor to perform services as more particularly set forth below; and WHEREAS, Contractor has the time available, equipment, and materials to timely perform the services, and is willing to perform the services according to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby accepts engagement by County upon the terms and conditions set forth in this Agreement. 2. Term. The term of this Agreement shall be from the date of signing by both parties hereunder, through and until completion of the replacement of the motors and fans in Air handler Units 10 and 11 of County's Plaza West Building (referred to herein as"Air Handler Units") as described in Exhibit A. 3. Services to be Performed. Contractor agrees to perform the Services listed or referred to in Exhibit A, attached hereto and incorporated herein. 4. Compensation. a. County agrees to pay Contractor for services performed as set forth on Exhibit A the sum of$48,800. Said sum shall include payment for all materials and labor. b. Payment to Contractor will be made only upon presentation of a proper invoice by Contractor upon completion of the services described in Exhibit A. 5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such 11rr1/�{�11..�L aura-ot e-7 a�ay Q prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the County for any purpose. Contractor shall have no authorization, express or implied, to bind the County to any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of County, nor is Contractor entitled to any employee benefits from County as a result of the execution of this Agreement. 7. Warranty. Contractor warrants that services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Such warranty shall extend to the workmanship to accomplish the services described in Exhibit A. The Generator shall be under warranty from its manufacturer, which warranty Contractor shall assign to County, if necessary. 8. Reports County Property. All reports, test results and all other tangible materials produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 9. Acceptance of Product not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the work. Acceptance by the County of, or payment for, any services performed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 10. Insurance and Indemnification. Contractor shall defend and indemnify County, its officers and agents, from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance at Contractor's own cost and expense. 11. Non-Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of County. 12. Access to Records. County shall have access to Contractor's financial records as they relate to this Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. 2 13. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 15. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 16. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures,and practices of County. 17. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 18. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further, Contractor represents, warrants, and agrees that it has verified that Contractor does not employ any illegal immigrants. If it is discovered that Contractor is an illegal immigrant, employs illegal immigrants or subcontracts with illegal immigrants, County can terminate this Agreement and Contractor may be held liable for damages. 29. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, representation, and understanding or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part of County to expend funds not otherwise appropriated or budgeted for. 21. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 22. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3 23. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. 24. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. IN WITNESS WHEREOF, the parties have executed this Agreement as of April 3", 2012. N CT R. FRON IER E HANICAL, INC. By: V Title: VI PiestrYEACI ATTEST: BOARD OF COUNTY CLERK TO THE BOA COMMISSIONERSOF WELD COUNTY / /7 C By: .e..i _s i� ._.� i By: Deputy Cler '�* e� ;��% Sean Conway, Chairman 11/42=; APR 1 12012 O. 1%61 t U 4 &D/2, 6 ,61r BID REQUEST NO. B1200047 Page 6 Monica Mika Director of Finance &Administration 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Dear Monica: The undersigned, having become familiar with the specifications to renovate AIR HANDLER UNITS 10 & 11 for the Buildings & Grounds Dept., hereby proposes to sell and deliver to Weld County as set forth in the following schedule: $ y 6t boo.OQ RENOVATE AHU 10 & 11 $ PROPOSED START DATE a 1 -10 WE>=1s F(toM Not'cE i e boast) $ PROPOSED FINISH DATE : 3 wEEK5 FROM St''tP.T DhTf; A mandatory pre-bid conference will be held on February 24, 2012 @ 10:00 AM at 910 10th Avenue, Greeley 80631. Bidders must participate and record their presence at the pre-bid conference to be allowed to submit bids. DOES YOUR BID MEETS OUR SPECS? YESX NO__ I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all the specifications it has so indicated in this bid form. The Board of Weld County Commissioners reserves the right to reject any or all bids, to waive any informalities in bids, and to accept the bid that, in the opinion of the Board, is to the best interests of the Board and of the County of Weld, State of Colorado. The Board of Weld County Commissioners shall give preference to resident Weld County bidders in all cases where the bids are competitive in price and quality. FIRM FRov.ITIER hi1/4EctkA,.ttckt—. 1W C.. BY —\05+fvrr+r SituilEn- v.9. (please print) BUSINESS ADDRESS till W. M'N%Fral-O tki/E61Vc DATE 03. 0211. 12 CITY, STATE, ZIP CODE kNULEWDOb1 09010 EMAIL j k;n•er ecrbic ,4rMc L.4et TELEPHONE NO3D3. 8010.5r-loo FAX 12.o. % t . %ol-o TAX ID# tq q-D9 55 C SIGNATURE 1 ki 0i WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. CERTIFICATE OF EXEMPTION NO 98-03551-0000. PLEASE DO NOT FAX BACK PAGES 1 -5. BID REQUEST NO. B1200047 Page 7 DESCRIPTION This project consists of a turnkey renovation of two existing Air Handler Units located at the Plaza West facility at 910 10th Avenue, Greeley 80631. Scope of work: 1. Provide all labor and material as required to fully renovate AHU 10 &11 with the following outcomes: Air Handling Unit AHU-10 Existing Installation Replacement Size 24 Air Foil Fan Size 22 Forward Curved Fan 50 HP fan motor 15 HP fan motor Fan/Motor skid New Fan/Motor skid Variable Frequency Drive Reuse existing unit, change out motor overloads, replace circuit breakers, reprogram unit as required 3rd band Sound Power Level = 102 3rd band Sound Power Level = 81 Air Handling Unit AHU-11 Existing Installation Replacement Size 24 Air Foil Fan Size 12 Forward Curved Fan Fan/Motor skid New Fan/Motor skid 50 HP fan motor 7.5 HP fan motor Variable Frequency Drive Reuse existing unit, change out motor overloads, replace circuit breakers, reprogram unit as required 3rd band Sound Power Level = 95 3rd band Sound Power Level = 87 Refrigerant Coils with hot gas Provide (2)-thermal expansion bypass only valves bypass only on one of(2)- operating coils with hot gas bypass BID REQUEST NO#B1200047 Page 8 2. HVAC control changes, if required, are part of this bid and should be included. SetPoint Systems is currently installed. 3. Identify the proposed method/detail in your scope of work. 4. Include detailed scope of work included/excluded in bid. 5. This is a design/build turn-key renovation. Therefore, all work required to be accomplished (i.e. electrical, mechanical, architectural modifications, etc.) shall be included in the bid price. This shall include all additions, alterations, and new work required. 6. Balancing of the HVAC system for these air handlers is required as part of this project. 7. Work must be performed after hours and on weekends. The units should remain functional during weekdays (M-F); 8AM —6PM. 8. Performance bond is required. ••" Client#: 53596 8FRONMEC ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DOIYrrY)4/03/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROUCER CONTACT Willis of Colorado,Inc. ONE 303 722-7776 I taC,No): 303-722-8862 uktc,No,Exg: 2000 South Colorado Boulevard E-MAIADDRESS: Tower II,Suite 900 INSURERS)AFFORDING COVERAGE NAIC Denver,CO 80222 INSURER A:Employers Mutual Companies 21415 INSURED INSURER B:Columbia Casualty Company 31127 Frontier Mechanical,Inc. INSURERC:Pinnacol Assurance 41190 3800 S.Federal Blvd INSURER D:AGCS Marine Insurance Company 22837 Englewood,CO 80110 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR SINVD POLICY NUMBER (MMIDDWYYYYY) (MMIDDWYYY) LIMITS A GENERAL LIABILITY 3D45954 01/01/2012 01/01/2013 EACH A�O.ECC7URpRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISESO(EaE erica) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 Al: 7482.301/08 X PERSONAL A ADV INJURY $1,000,000 B X Prof/Poll Liability CZB288238270 11/13/2011 01/01/2013 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: Claims Made $1,000,000 OCC PRODUCTS-COMP/OP AGG $2,000,000 -1 POLICY Xa X LGC $15,000 SIR $2,000,000 AGG $500 A AUTOMOBILE LIABILITY 3E45954 01/01/2012 01/01/2013;eMBINZtsINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ PROPERTY DAMAGE $ AUTOS NO -OWNED (Per accident) X HIRED AUTOS X AUTOS $ A x UMBRELLA LWB X OCCUR 3J45954 01/01/2012 01/01/2013 EACH OCCURRENCE $9,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE s9,000,000 DED I XI RETENTION$10,000 $ `. WORKERS COMPENSATIONWC STATU- IOTH- AND EMPLOYERSLABILm' 4067647 01101/2012 01/0112013 X ITORVIOMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE YI N E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH)R EXCLUDED? N NIA E.L.DISEASE-EA EMPLOYEE $1,000,000 (Mandatary in If yes.describe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below D Instal Floater MZI93026032 11/13/2011 01/0112013 $500,000 Job/Temp Loc D Builders Risk MZI93026032 11/13/2011 01/01/2013 $2,000,000 Limit Deds:$1,000 $100,000 Transit DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) The following are Additional Insureds as respects General Liability only if required by written contract and coverage applies only as respects work performed by the Insured for the Additional Insureds. All coverage terms,conditions and exclusions of the policy apply. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Weld County,State of Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1150'O'Street ACCORDANCE WITH THE POLICY PROVISIONS. Greeley,CO 80632 AUTHORIZED REPRESEM/NTTATNEE I 4.1i ©1988-2010 ACORD CORPORATION.All rights reserve ACORD 25(2010/0M 1 .s 2 The ACORD name and Mao are renistered marina of ACORD DESCRIPTIONS (Continued from Page 1) Additional Insureds:Weld County its officers and agents The Additional Insured endorsement which is referenced above under"Type of Insurance-General Liability"is attached. SAGITTA 25.3(2010/05) 2 of 2 Frontier Mechanical, Inc. COMMERCIAL GENERAL LIABILITY 3D45954. 1/1/2012- to 1/1/2013 THIS ENDORSEMENT'CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - CONSTRUCTION CONTRACTS INCLUDING COMPLETED OPERATIONS - VICARIOUS LIABILITY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II —WHO IS AN INSURED is amended 2. "Bodily injury," 'property damage" or °personal to include as an additional insured any person or and advertising injury° arising out of the organization when you have agreed in writing in a rendering of, or failure to render, any contract or agreement that such person or professional, architectural, engineering or organization be added as an additional insured on surveying services including: your policy. Such person or organization is an a. The preparing, approving, or failing to additional insured only with respect to liability for prepare or approve maps, shop drawings, "bodily injury; "property damage' or "personal and opinions, reports, surveys, field orders, advertising injury"caused,in whole,by: change orders or drawings and 1. Your acts or omissions; or specifications;or 2. The acts or omissions of those acting on your b. Supervisory, inspection, architectural or behalf, engineering activities. in the performance of: C. The limits of insurance applicable to the additional a. your ongoing operations for the additional insured are those specified in the Declarations of insured; or this policy or in the written contract or written agreement,whichever is lower. b. 'Your work° for the additional insured and D. My coverage provided hereunder shall be excess included in the 'products — completedover any other valid and collectible insurance operations hazard'. available to the additional insured whether that B. With respect to the insurance afforded to these insurance is primary, excess, contingent or on any additional insureds, the following additional other basis, unless you and the additional insured exclusions apply: have specifically agreed in a written contract or This insurance does not apply to: written agreement that this insurance be primary. 1. "Bodily injury,' °property damage° or "personal When coverage is provided on a primary basis we and advertising injury" resulting from any act or will not seek contribution from any other insurance omission by, or willful misconduct of the available to the additional insured if a written additional insured, whether the sole or a contract or written agreement requires that this contributing cause of the loss. The coverage insurance be noncontributory. afforded to the additional insured is limited E. All other terms and conditions of this policy remain solely to the additional insureds "vicarious unchanged. liability" that is a specific and direct result of your conduct 'Vicarious liability' as used in this endorsement means liability that is imposed on the additional insured solely by virtue of its relationship with you, and not due to any act or omission of the additional insured. 0G7482.3(1-08) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 ell THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. S410143 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Frontier Mechanical, Inc. Employers Mutual Casualty Company 3800 S. Federal Boulevard P.O. Box 712 Englewood, CO 80110 Des Moines, IA 50306-0712 OWNER(Name and Address): County of Weld, State of Colorado 1150 'O' Street Greeley, CO 80632 CONSTRUCTION CONTRACT Date: Amount $48,800.00 Forty Eight Thousand Eight Hundred Dollars and 00/100 Description (Name and Location): Renovate Air Handler Units 10 & 11 located at the Plaza West Facility at 910 10th Avenue, Greeley, CO 80631 BOND Date(Not earlier than Construction Contract Date): Amount: $48,800.00 Forty Eight Thousand Eight Hundred Dollars and 00/100 Modifications to this Bond: E None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Fronti Mec nical I c. Employers M . ual Casualty Corn any I Signature: Signat 'i�/�i Na and i e:Sarah :ro n �D uAtc Name and Tit e: E. sk NNa- ' r eS """'• 4s RoBC-Rr. t Attorney-in-Fact :>` -'eooR4 9: Vice j7R&St°GNI- o_ v f= Gc (Any additional signatures appear on page 3) EI SEAL - `' (FOR INFORMATION ONLY-Name,Address and Telephone) OWNER'S REPRESENTATIVE(Architect,En .grothed AGENT or BROKER: party) : ••,40,NES A,•` Willis of Colorado, Inc. 2000 South Colorado Blvd., Tower II, Ste. 900 Denver, CO 80222 303-722-7776 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 1 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of theConstruction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 if the Contractor performs the Construction Contract, Owner citing reasons therefor. theSurety and the Contractor shall have no obligation $ lf the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness.the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 ff there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 Owner has notified the Contractor and the this Bond,and the Owner shall be entitled to enforce any The its address described otidt in Con ra o 10 below remedy available to the Owner. If the Surety proceeds as SuretyParagraph provided in Subparagraph 4.4,and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right lion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2. or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the any.subsequently to declare a Contractor Default;and Construction Contract, and the responsibilities of the 3 2 Owner has declared a Contractor Default and Owner to the Surety shall not be greater than those of the 3.2 The terminated Ownha thearedaC Contractor and Owner under the Construction Contract.To the limit of the formallyg complete amount of this Bond, but subject to commitment by the the contract.Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of dared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 3 3 The Owner has agreed tothe Balance of the 6.1 The responsibilities of the Contractor for correc- g pay tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner- costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and graph 3,the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 liquidated damages, or if no liquidated damages Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual darn- 4.1g ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 4.2 Undertake toandcom complete 7 The Surety shall not be liable to the Owner or others for perform P obligations of the Contractor that are unrelated to the Con- lion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- B The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence,to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a lions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default: or and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased 4.4 Waive its right to perform and complete,arrange `+ for completion, or obtain a new contractor and with orkingor within two years aftertheSurety refusesorfai�s reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation,determine the amount for prohibited by law,the minimum period of limitation avail-- NA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1964 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.N.W.,WASHINGTON,0.20006 A312-1984 2 THIRD PRINTING•MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims NoticetotheSurety,theOwnerortheContractorshall for damages to which the Contractor is entitled, re- 10be mailed or delivered to the address shown on the sig- behalf by all Contractor d aad proper underp the ments made to or on behalf of the the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price:The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N W.,WASHINGTON,D.C.20006 A312-1984 3 THIRD PRINTING•MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS WO 1k Bond No. S410143 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business): Frontier Mechanical, Inc. Employers Mutual Casualty Company 3800 S. Federal Boulevard Englewood, CO 80110 P.O. Box 712 OWNER(Name and Address): Des Moines, IA 50306-0712 County of Weld, State of Colorado 1150 'O' Street Greeley, CO 80632 CONSTRUCTION CONTRACT Date: Amount: $48,800.00 Forty Eight Thousand Eight Hundred Dollars and 00/100 Description (Name and Location):Renovate Air Handler Units 10 & 11 located at the Plaza West Facility at 910 10th Avenue, Greeley, CO 80631 BOND Date (Not earlier than Construction Contract Date): Amount $48,800.00 Forty Eight Thousand Eight Hundred Dollars and 00/100 Modifications to this Bond: ❑ None ❑X See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Frontier echa 'cal, c. Employers MutPpl Casualty Company Lam/ ,,,puury.p., Signature: • Sign- re: I !////�t g stuAi r•., 9 aS fr Name and Title: RD c. 51<t N Nf� Na r e and T. : Sarah Brown • �;`00,4 •,c Attorney-in-Fact : z �tG� k��StDcT SEAL (Any additional signatures appear on page 6) s s r• ocre'4.., (FOR INFORMATION ONLY-Name,Address and Telephone) OWNER'S REPRESENTATIVE (Architect,E/ bNB6 "• AGENT or BROKER: party) : Willis of Colorado, Inc. 2000 South Colorado Blvd., Tower II, Ste. 900 Denver, CO 80222 303-722-7776 MA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 4 THIRD PRINTING•MARCH 1987 • 1 The Contractor and the Surety, jointly and severally, 5 If a notice required by Paragraph 4 is given by the bind themselves, their heirs, executors, administrators, Owner to the Contractor or to the Surety, that is sufficient successors and assigns to the Owner to pay for labor, compliance. materials and equipment furnished for use in the 6 When the Claimant has satisfied the conditions of performance of the Construction Contract, which is Paragraph 4, the Surety shall promptly and at the Surety's incorporated herein by reference. expense take the following actions: 2 With respect to the Owner, this obligation shall be null 6.1 Send an answer to the Claimant,with a copy to the and void if the Contractor: Owner, within 45 days after receipt of the claim, stating 2.1 Promptly makes payment,directly or indirectly, for the amounts that are undisputed and the basis for all sums due Claimants,and challenging any amounts that are disputed. 2.2 Defends, indemnifies and holds harmless the 6.2 Pay or arrange for payment of any undisputed Owner from claims, demands, liens or suits by any amounts, person or entity whose claim, demand, lien or suit is for 7 The Surety's total obligation shall not exceed the the payment for labor, materials or equipment furnished amount of this Bond, and the amount of this Bond shall be for use in the performance of the Construction Contract, credited for any payments made in good faith by the provided the Owner has promptly notified the Surety. Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits 8 Amounts owed by the Owner to the Contractor under the and tendered defense of such claims, demands, liens Construction Contract shall be used for the performance of or suits to the Contractor and the Surety, and provided the Construction Contract and to satisfy claims, if any, under there is no Owner Default. any Construction Performance Bond. By the Contractor 3 With respect to Claimants, this obligation shall be null furnishing and the Owner accepting this Bond, they agree and if the ant promptly isobligation makes p be null that all funds earned by the Contractor in the performance of directly voidor indirectly,ffor all sums due. the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this 4. The Surety shall have no obligation to Claimants under Bond, subject to the Owner's priority to use the funds for the this Bond until: completion of the work. 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants or contract with the Contractor have given notice to the others for obligations of the Contractor that are unrelated to Surety (at the address described in Paragraph 12) and the Construction Contract. The Owner shall not be liable for sent a copy, or notice thereof,to the Owner, stating that payment of any costs or expenses of any Claimant under a claim is being made under this Bond and, with this Bond, and shall have under this Bond no obligations to substantial accuracy,the amount of the claim. make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 4.2 Claimants who do not have a direct contract with the Contractor: 10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to .1 Have furnished written notice to the Contractor related subcontracts, purchase orders and other obligations. and sent a copy, or notice thereof, to the Owner, within 90 days after having last 11 No suit or action shall be commenced by a Claimant performed labor or last furnished materials or under this Bond other than in a court of competent equipment included in the claim stating, with jurisdiction in the location in which the work or part of the substantial accuracy, the amount of the claim work is located or after the expiration of one year from the and the name of the party to whom the date (1) on which the Claimant gave the.notice required by materials were furnished or supplied or for Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last whom the labor was done or performed; and labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the .2 Have either received a rejection in whole or in Construction Contract, whichever of(1)or(2)first occurs. If part from the Contractor, or not received within the provisions of this Paragraph are void or prohibited by 30 days of furnishing the above notice any law,the minimum period of limitation available to sureties as communication from the Contractor by which a defense in the jurisdiction of the suit shall be applicable. the Contractor has indicated the claim will be paid directly or indirectly; and 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the .3 Not having been paid within the above 30 signature page. Actual receipt of notice by Surety, the days, have sent a written notice to the Surety Owner or the Contractor, however accomplished, shall be (at the address described in Paragraph 12) sufficient compliance as of the date received at the address and sent a copy, or notice thereof, to the shown on the signature page. Owner, stating that a claim is being made under this Bond and enclosing a copy of the 13 When this Bond has been furnished to comply with a previous written notice furnished to the statutory or other legal requirement in the location where the Contractor. construction was to be performed, any provision in this Bond AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 5 THIRD PRINTING•MARCH 1987 conflicting with said statutory or legal requirement shall be service or rental equipment used in the Construction deemed deleted herefrom and provisions conforming to Contract, architectural and engineering services such statutory or other legal requirement shall be deemed required for performance of the work of the Contractor incorporated herein. The Intent is that this Bond shall be and the Contractors subcontractors, and all other construed as a statutory bond and not as a common taw items for which a mechanic's lien may be asserted in bond. the jurisdiction where the labor, materials or equipment were furnished. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall 15.2 Construction Contract: The agreement promptly furnish a copy of this Bond or shall permit a copy between the Owner and the Contractor identified on to be made. the signature page, including all Contract Documents and changes thereto. 15 DEFINITIONS 15.3 Owner Default: Failure of the Owner,which has 15.1 Claimant: An individual or entity having a direct neither been remedied nor waived, to pay the contract with the Contractor or with a subcontractor of Contractor as required by the Construction Contract or the Contractor to furnish labor, materials or equipment to perform and complete or comply with the other for use in the performance of the Contract. The intent terms thereof. of this Bond shall be to include without limitation in the terms 'labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed,including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractors or Surety's defenses to,or right to dispute, such claim. Rather,the Claimant shall have the immediate right,without further notice,to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AMA DOCUMENT A312•PERFORMANCE BOND ANO PAYMENT BOND•DECEMBER 1984 ED.•AIA 90 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE..N.W.,WASHINGTON,D.C.20006 A312-1984 6 THIRD PRINTING•MARCH 1987 /EMC Insurance Companies® P.O. Box 712•Des Moines, Iowa 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 2. EMCASCO Insurance Company,an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation 3. Union Insurance Company of Providence,an Iowa Corporation 7, Hamilton Mutual Insurance Company,an Iowa Corporation 4. Illinois EMCASCO Insurance Company,an Iowa Corporation hereinafter referred to severally as"Company'and collectively as"Companies",each does,by these presents,make,constitute and appoint: Sarah Brown its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute the following Surety Bond: Surety Bond Number: S410143 Principal : Frontier Mechanical, Inc. Obligee : County of Weld, State of Colorado and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to(1)appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof;and(2)to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney issued to them,to execute and deliver on behalf of the Company,and to attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company.Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company.The facsimile or mechanically reproduced signature of such officer,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power-of-attorney of the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF,the Companies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this 14th day of July,2011. � {/[/ Seals �! 141/ S�pINSUq`' £'pN EC0 Qo':' :'PtY `, p. �P: ''�f SaQ+'q„'poq'• 9: Fo`,:owPaa Bruce G.Kelley,Chairman Michael Freel �" �' =�=`� �"� ` `P`- 4`y ' of Companies 2,3,4,5&6;President Assistant Vice President/ SEAL f E. 1863 E= :' 17 1953 : >; s •„ r of Company 1;Vice Chairman and Assistant Secretary CEO of Company 7 ,,owa , „. •^'^� ^•- On this 14th day of July,AD 2011 before me a Notary Public in and for the State of Iowa, o\s,,,,,c.: -4PEsux,"�F,; ,syoi-•cq\ personally appeared and Michael Freel,who, by me sworn,did C",‘M.05 05 ,' oeeoea f:o : ': yore s PPe Ybeingduly say -_9= that they are,and are known to me to be the Chairman,President,Vice Chairman and CEO, z_ _ a- and/or Assistant Vice President/Assistant Secrets res ectivel ,of each of the Companies SEAL ;t; SEAL = _�, SEAL t P Y P -, ';;;;/";" , � ; `o , ,;p o above;that the seals affixed to this instrument are the seals of said corporations;that said ;own re,re o... MmNEs>o' instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley and Michael Freel,as such ,-luAL rNs officers,acknowledged the execution of said instrument to be their voluntary act and deed, uru4‘G9y and the voluntary act and deed of each of the Companies. m My Commission Expires March 13,2014. •, LAUREL A.BLOSS Commission Number 183662 ( i-/' a / >\/ _ _ _ 1 O � uR, e M Comm.Ex p.Mar13.2014 j ,(�J(� fx /X•�./,LJ,�/ 410 NES�� Notary Public in and for the State of Iowa CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies,and this Power of Attorney issued pursuant thereto on 14th day of July,2011,are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of VC- 1 , Vice President "For verification of the authenticity of the Power of Attorney you may call(515)345.2689." 1861 N' DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 1N T Y WEBSITE: www.co.weld.co.us GOU 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 14, 2012 To: Board of County Commissioners From: Toby Taylor Subject: Air Handler Units# 10  Bid #B1200047 As advertised, this bid is to replace the motors and fans in Air Handler Units 10 and 11 in the Plaza West Building. The low bid is from Frontier Mechanical for $48,800.00. Buildings and Grounds is recommending the low bid be awarded. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Building Maintenance Coordinator ,;2C/, -D(tO7 3/fd®/o7 ,g c9O/y WELD COUNTY PURCHASING 86 ' 915 10TH St Room #334, Greeley CO 80631 1 1 E-Mail: mwalters(c�co.weld.co.us �z r:!' 1 ` E-mail: reverett(a�co.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: March 2n°, 2012 REQUEST FOR: AIR HANDLER UNITS #10 &#11/Courts West bldg DEPARTMENT: Buildings & Grounds Dept. BID NO: #61200047 PRESENT DATE: March 5th, 2012 APPROVAL DATE: March 19`°, 2012 PROPOSED PROPOSED TOTAL PROJECT VENDORS START DATE FINISH DATE COST FRONTIER MECHANICAL INC 9-10 WEEKS ARO 3 WEEKS $48,800.00 2771 W MANSFIELD AVNEUE ENGLEWOOD CO 80110 CMS MECHANICALSERVICES INC 9 WEEKS ARO 11 WEEKS $50,696.00 609 TECHNOLOGY CIRCLE SUITE A WINDSOR CO 80550 ENERGY SERVICES OF CO INC 3/9/2012 5/31/12 $59,821.00 960 w 124`"AVENUE UNIT 900 WESTMINSTER CO 80234 **BIDS ARE BEING REVIEWED BY TOBY TAYLOR/BUILDINGS & GROUNDS .$�-5/ D/ Lk, ooiy Hello