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Home My WebLink About20232726.tiffCo► cl- ( 7 actS BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Facilities building renovation and expansion change order #3 DEPARTMENT: Facilities DATE: 2-12-24 PERSON REQUESTING: Curtis Naibauer Brief description of the problem/issue: Existing building framing was not as shown in the original plans. Changes to the new framing are required to support the existing building structure. What options exist for the Board? 1. Approve the change order. 2. Deny the change order. Consequences: Impacts: Project cannot proceed without the changes. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): See attached change order for costs. Recommendation: The recommendation is to place the change order on an upcoming agenda for approval. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine via .emike vtQ vmad, Via Ma.l, m: ) c 0 n - kig n c / 0 2 - 20Z3 -Z -1Z(0 f3Gic2.5 February 12, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Curtis Naibauer Subject: Facilities Building Addition and Remodel - Change Order #3- 2023-2726 During the renovation of the building, structural support elements were discovered that were not as shown in the original plans. These conditions require additional labor and materials to change the new construction to support the existing structure. Therefore, the Facilities Department is recommending approving this change order in amount of $10,379.39. If you have any questions, please contact me at extension 2027. Sincerely, Curtis Naibauer Interim Director CHANGE ORDER #3 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND RHINOTRAX CONSTRUCTION Date: February 12, 2024 Original Agreement: Weld County document no. 2023-2726 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit A, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 2,192,963.00 Original Contract Amount $ 46,779.71 Previously Approved Change Order(s) Amount $ 10,379.39 Current Change Order Amount $ 2,250,122.10 New Contract Total CONTACTOR: By: -Name: I w, Title: P �jfv• t o,✓ Date 2120 /24- • BOARD OF COUNTY COMMISSIONERS ATTEST: "' WELD COUNTY, COLORADO Weld • ult Clerk to the Bo: rd BY: ,LL.Aa.,� Deputy Cl:'k to t e Boat r C' ' L, \ in D Ross, Chair II MAR 0 4 2024 02002,5-.2726, Exhibit A RH)NO TRAX CONSTRUCTION Rhinotrax Construction 1035 Coffman Street Longmont, CO 80501 Ph: 303-682-9906 Fax: 303-532-0106 Potential Owner Change Order # 3A To: Weld County Facilities Dept. Job Name Weld County Facilities Building Addition & Remodel Address: 1105 H Street 1105 H Street Greeley CO 80631 Greeley CO 80631 Contact: Sterling Geesaman Phone: 970-400-2029 Fax: - Date: February 6, 2024 Architect Cairn Design LLC 1805 Sheely Drive Fort Collins CO 80526 All terms and conditions of the Owner Contract entered into between Rhinotrax Construction and the Owner apply to the work performed under this Change Order Form. SCOPE OF WORK item Description I TOTAL 1 Response to change frame details from A-14 & A-22 Change A, A-1 walls from 3-5" S137 1-3/8" flange 18 g.a. studs 16" o.c. 2 to 3-5" S162-54 1 5-8" flange 16 g.a. studs 16" o.c. $ - Change C, C-1 walls from 3-5" S137 1-3/8" flange 18 g.a. studs 16" o.c. 3 to 3-5" S162-54 1 5-8" flange 16 g.a. studs 16" o.c. $ - Header detail 03 add 14 g.a. web stiffeners each side of header, add 2 3- 4 5" S162-54 16 g.a. studs to each side, total 5 studs each side. $ - Header detail 07 change 18 g.a. track top & bottom to 14 g.a. track to 5 match gauge of stud. $ 6 Header detail 03 change 18 g.a. track top & bottom to 14 g.a. track. $ 7 Frame back office wing walls and headers to fix existing framing. $ Materials $ 5,678.00 Labor $ 2,949.00 $ SUB -TOTAL $ 8,627.00 Bonds 1,50"4 $ 129.41 GL Insurance 2.00% $ 175.13 Builder's Risk Insurance 0.50% $ 44.66 Pollution Insurance 0.55% $ 49.37 Profit 15% $ 1,353.83 Subtotal of Changes $ 10,379.39 Previously Approved Changes $ 46,779.70 Original Contract $ 2,192,963.00, Revised Contract $ 2,250,122.10 Additional days required I Jim King, VP Operations Date: Weld County Facilities Dept. Date: Contract For Entity Information Entity Name* Entity ID* RHINOTRAX CONSTRUCTION INC @00041743 Contract Name" Contract ID FACILITIES BUILDING ADDITION AND REMODEL (2023- 7843 2726) Contract Status CTB REVIEW Contract Description* ADDITIONAL FRAMING TO SUPPORT STRUCTURE. Contract Description 2 Contract Lead * CNAIBAUER [� New Entity? Parent Contract ID 20232726 Requires Board Approval YES Contract Lead Email Department Project # cnaibauer@weld.gov Contract Type* Department Requested BOCC Agenda Due Date CHANGE ORDER BUILDINGS AND Date* 02/22/2024 GROUNDS 02/26/2024 Amount* $10,379.39 Department Email Will a work session with BOCC be required?* CM- NO Renewable* BuildingGrounds@weldgo NO Does Contract require Purchasing Dept. to be v.com included? Automatic Renewal Department Head Email YES CM-BuildingGrounds- Grant DeptHead@weldgov.com Bid/RFP #* B2300169 County Attorney IGA GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date 04/05/2024 Committed Delivery Date Renewal Date Expiration Date* 04/05/2024 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 02/26/2024 Approval Process Department Head CURTIS NAIBAUER DH Approved Date 02/20/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/04/2024 Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 02/21/2024 02/23/2024 Tyler Ref # AG 030424 Originator CNAIBAUER CorrhKtc,4-tD *105 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Facilities building renovation and expansion change order. DEPARTMENT: Facilities DATE: 12-15-2024 PERSON REQUESTING: Curtis Naibauer Brief description of the problem/issue: Unsuitable soils were discovered during excavation for the foundation and need to be removed and replaced. What options exist for the Board? 1. Approve the change order. 2. Deny the change order. Consequences: Project can not proceed without the replacement of these soils. Impacts: Costs (Current Fiscal Year I Ongoing or Subsequent Fiscal Years): Recommendation: The recommendation is to place the change order on an upcoming agenda for approval. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine connvdio- iziz7/z3 —24-eivkikrzo_61 lc2A27/.25- ZOz l -2-72( 6610OZ5 December 15, 2023 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Curtis Naibauer Subject: Facilities Building Addition and Remodel - Change Order #2- 2023-2726 During the excavation of the construction area for the new addition, some soils were discovered that were not previously shown to be present in the boring logs and some soils that were deemed to be unsuitable to stay. The geotechnical engineer for the project determined that the soils needed to be removed and hauled off site and new suitable soils needed to be brought in. This resulted in additional labor, materials and equipment costs for the additional work. Therefore, the Facilities Department is recommending approving this change order in amount of $31,006.14. If you have any questions, please contact me at extension 2027. Sincerely, Curtis Naibauer Interim Director CHANGE ORDER #2 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND RHINOTRAX CONSTRUCTION Date: December 15, 2023 Original Agreement: Weld County document no. 2023-2726 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 2,192,963.00 Original Contract Amount $ 15,773.57 Previously Approved Change order(s) Amount $ 31,006.14 Current Change Order Amount $ 2,239,742.71 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACT By: Name: / 'T1 -MV\ f i j'r Title: \/ P , 0 PS ATTEST: W.,,,trA0) Weld BY: Deputy CI Date IZ.iP. �3 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1111:CL ike Freeman, Chair DEC 2 7 2023 Page 1of1 00.33-a7o7Ca Contract Form Entity Information Entity Name* Entity ID* RHINOTRAX CONSTRUCTION INC @00041 743 Contract Name* FACILITIES EXPANSION (2023-2726) Contract Status CTB REVIEW Contract ID 7705 Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Contract Description* CHANGE ORDER - 2 EXCAVATION OF UNSUITABLE SUBSTRATE. Contract Description 2 New Entity? Parent Contract ID Requires Board Approval YES Department Project # Contract Type* Department Requested BOCC Agenda Due Date CHANGE ORDER BUILDINGS AND Date* 12/23/2023 GROUNDS 12/27/2023 Amount* $31,006.14 Department Email Will a work session with BOCC be required?* CM- NO Renewable* BuildingGrounds@weldgo NO Does Contract require Purchasing Dept. to be v.com included? Automatic Renewal Department Head Email YES CM-BuildingGrounds- Grant DeptHead@weldgov.com Bid/RFP #* B2300169 County Attorney IGA GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 07/31/2024 Committed Delivery Date Renewal Date Expiration Date* 07/31/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 12/19/2023 Approval Process Department Head Finance Approver Legal Counsel CURTIS NAIBAUER CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 12/19/2023 12/19/2023 12/19/2023 Final Approval BOCC Approved Tyler Ref # AG 122723 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 12/27/2023 bliklae+ 11)41U6a(0 December 5, 2023 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Curtis Naibauer Subject: Facilities Building Addition & Remodel Change Order # 1— 2023-2726 Rhinotrax Construction was awarded the bid for the Facilities Building Addition and Remodel. During the contract process it was noticed that the bid specifications did not identify Pollution Liability Insurance as a required policy. After consultation with the County Attorney, Weld County requires the Pollution Liability Insurance Policy for this project. Rhinotrax Construction submitted a change order request in the amount of $15,773.57 for the Pollution Liability Insurance Policy. Therefore, the Facilities Department is recommending the change order in the amount of $15,773.57. If you have any questions, please contact me at extension 2027. Sincerely, Curtis Naibauer Interim Director ee. Covo,n4- fig wick 12A 1/2.3 M-1///`-5 2623-77a0 13C1OOZS CHANGE ORDER # 1 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND RHINOTRAX CONSTRUCTION Date: December 5, 2023 Original Agreement: Weld County document no. 2023-2726 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 2,192,963.00 Original Contract Amount $ 0.00 Previously Approved Change order(s) Amount $ 15,773.57 Current Change Order Amount $ 2,208,736.57 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR:N'N &' 6o/o U 7casj By: _ �� .._.".� Date a- S- 73 Name: ` 1'r tC li'_(e/ FJC Title: t ti� � �� BOARD OF COUNTY COMMISSIONERS ATTEST: G�p WELD COUNTY, COLORADO Weld BY: ike Freeman, Chair DEC 1 12023 o27 Exhibit A -Change Order # 1 Document G7011" - 2017 Change Order PROJECT: (Name and address) Weld County Commissioners on behalf of Facilities Dept. 1005 H St Greeley, Colorado TO CONTRACTOR: (Name and address) Rhinotrax Construction 1035 Coffman Street Longmont, Colorado 80501 CHANGE ORDER NUMBER: DATE: 12/5/2023 ARCHITECT'S PROJECT NUMBER: Weld County Bid Package No. B2300169 CONTRACT DATE: 11/1/2023 CONTRACT FOR: Public Works Facilities Bldg Addition OWNER Ox ARCHITECT O CONTRACTOR DP FIELD O OTHER O The Contract is changed as follows: (include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives') Add pollution insurance policy for the duration of construction plus three additional years. In accordance with Section 13. a. Pollution Liability of the Contract. The original (Contract Sum) (Guaranteed Maximum Price) was $ 419Z9I69,A7 The net change by previously authorized Change Orders $ a00 The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was $ 119Z91fi3.00 The (Contract Sum) (Guaranteed Maximum Price) will be (increase.) (decreased) (unchanged) by this Change Order in the amount of $ 35,77)57 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be $ 520,,736,51 The Contract Time will be (increased) (decreased) (unchanged) by The late of Substantial Completion as of the date of this Change Order therefore is (Note: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.) ( ) days NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. 07/m Ales/pin LLC ARCHITECT (Firm name) 1805SheltyDr. fortCopNos, CYJ80526 ADDRESS BY (Stgnotnre) (Typed name) Rh/notrox Construction Weld County Commissioners CONTRACTOR (Firm name) OWNER (Firer name) 1035 Coffman Street Longmont CO 80501 1005 St. Greeley, CV ADDRESS ADDRESS BY (Signature) King, President (Typed name) (Typed name) /Z1s/�3 DATE DATE DATE CAUTION. You should sign an original 010 Contract DocumentOil wl,,o:, this text appears in RED. An orlglnal assures that changes will not be obscured. AIA Document G701. — 2017. Copyright © 1979, 1987, 2000 and 2017 by The American Institute of Architects. All rights reserved. WAP,NING: This AlA Document Is protected by D.S. Copyright Law and Inlernalional Treaties. Unauthorized reproduction or distribution of this AlA Document, or any portion of I(: may result In severe civil and criminal penalties, and w'e bo prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten 110) copies of this document when completed. To report copyright violations of AIA Contract Documents, a -mail The American Institute of Architects' legal counsel, copyrightaaia.oro. Exhibit A -Change Order # 1 Document G701" — 2017 Change Order PROJECT: (Name and address) Weld County Commissioners on behalf of Facilities Dept. 1005 H St Greeley, Colorado TO CONTRACTOR: (Name and address) Rhinotrax Construction 1035 Coffman Street Longmont, Colorado 80501 CHANGE ORDER NUMBER: DATE: 12/5/2023 ARCHITECT'S PROJECT NUMBER: Weld County Bid Package No, B2300169 CONTRACT DATE: 11/1/2023 CONTRACT FOR: Public Works Facilities Bldg Addition OWNER QY ARCHITECT ❑ CONTRACTOR Dr FIELD ❑ OTHER ❑ The Contract is changed as follows: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) Add pollution insurance policy for the duration of construction plus three additional years. In accordance with Section 13. a. Pollution Liability of the Contract. The original (Contract Sum) (Guarantee: Maximum Price) was $ Z19,Z 90 OD The net change by previously authorized Change Orders $ am The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was $ 1,19ZNI07 The (Contract Sum) (Guaranteed Maximum Price) will be (increasel) (decreased) (unchanged) by this Change Order in the amount of $ 15,17151 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be $ 1,10,,135,57 The Contract Time will be (increased) (decreased) (unchanged) by ( ) days The late of Substantial Completion as of the date of this Change Order therefore is (Note: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maxiuunn Price which have been authorized by Construction Change Directive until the cost and time have been agreed 'spots by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.) NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Calm Design LLC ARCHITECT (Firm name) 1805Meld ea% FortCo/fins, 0980576 ADDRESS BY (Signature) (Typed name) Rh/natmk Construction Weld County Comm./one/7 CONTRACTOR (Firm name) OWNER (Firm name) 1035 Cob/man Sheet Longmont Lid 817501 1005 NSt. Greeley, 01 ADDRESS ADDRESS (Z/5/03 DATE DATE DATE CAUTION: You should Agn an original AIA Contract Document, on which this text appears in RED. An original assures that changes will riot be obscured. BY (Signature) (Typed name) AIA Document G701 T'" — 2017. Copyright © 1979, 1987, 2000 and 2017 by The American Institute of Architects. All rights reserved. WARM.: this AIA Document is protected by U.S. Copyright Law and Intermitional Treaties. Unauthorized reproduction or ri 9tr;bullan of this AIA Document, or any portion of I{, may result in sever. clv, and crirnif. penatiies, and will bo prosecuted to the maximum extent possible under the law - Purchasers are permitted to reproduce len (70) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright.aia.org. Contract Form Entity Information Entity Name * Entity ID * RHINOTRAX CONSTRUCTION INC @00041 743 Contract Name * FACILITIES BUILDING EXPANSION (2023-2726) Contract Status CTB REVIEW Ej New Entity? Contract ID 7666 Contract Lead * SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;lredfern@weldgov.com Contract Description * CHANGE ORDER # 1- POLLUTION LIABILITY INSURANCE POLICY Contract Description 2 Parent Contract ID Requires Board Approval YES Department Project # Contract Type * Department Requested BOCC Agenda Due Date CHANGE ORDER BUILDINGS AND Date* 12/09/2023 GROUNDS 12/13/2023 Amount $15,773.57 Department Email Will a work session with BOCC be required?* CM- NO Renewable * BuildingGrounds@weldgo NO Does Contract require Purchasing Dept. to be v.com included? Automatic Renewal Department Head Email YES CM -Build ingGrounds- Grant DeptHead@weldgov.com Bid/RFP #* B2300169 County Attorney IGA GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date 12/31/2024 Committed Delivery Date Renewal Date Expiration Date" 12/31/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 12/07/2023 Approval Process Department Head Finance Approver Legal Counsel CURTIS NAIBAUER CHERYL PATTELLI MATTHEW CONROY DH Approved Date Finance Approved Date Legal Counsel Approved Date 12/05/2023 12/05/2023 12/06/2023 Final Approval BOCC Approved Tyler Ref # AG 121123 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 12/11/2023 Corrlvqd- (D# 14 t��{ AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & RHINOTRAX CONSTRUCTION FACILITIES BUILDING ADDITION & REMODEL PROJECT THIS AGREEMENT is made and entered into this day of OtkierribeV, 2023, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and Rhinotrax Construction, 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 based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2300169. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. ///i7.2-3 Z023-212(0 Se -t0025 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 Facilities Department 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 immediately 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 Modification. 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 $2,192,963.00, 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 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. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, 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. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person; $1,000,000 for bodily injury for each accident; and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors where: (1) the Work includes Construction Surveying and/or Survey Monumentation and/or (2) plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to (a) Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, (b) Mix designs, (c) Contractor performed design work as required by the plans and Specifications, (d) Change Orders, or (e) Approved Value Engineering Proposals. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. 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. 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: Per Loss $ 1,000,000 Aggregate $ 1,000,000 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. 1) 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. 2) 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. 3) 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. 4) 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. Flood damage coverage is not required for work within the floodway or 100 year floodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. 5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. 6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). 7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the 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. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. 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. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Michele King Position: LEED AP/ President Address: 1035 Coffman Street Address: Longmont, CO. 80501 E-mail: michele(cr�,rhinotrax.com Phone: 303-682-9906 County: Name: Toby Taylor Position: Facilities Director Address: 1105 H Street Address: Greeley, CO. 80632 E-mail: ttaylor6 weldgov.com Phone: 970-400-2021 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. 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. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. 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. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 32. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: Title: "W E511 l - WELD COUNTY: ATTEST: .) o;4. Zz Date of Signature BOARD OF COUNTY COMMISSIONERS Weld C.un Clerk to the Band WELD COUNTY, COLORADO Mike Freeman, Chair NT/ 0 1 2323 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1301 N. 17T" AVENUE GREELEY, CO 80631 DATE: AUGUST 7, 2023 BID NUMBER: B2300169 DESCRIPTION: FACILITIES BUILDING ADDITION & REMODEL DEPARTMENT: FACILITIES MANDATORY PRE -BID: AUGUST 21, 2023 BID OPENING DATE: SEPTEMBER 5, 2023 1. NOTICE TO BIDDERS: • The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: FACILITIES BUILDING ADDITION & REMODEL A mandatory pre -bid conference will be held on August 21, 2023 at 9:00 AM at Weld County Facilities Building located at 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: September 5, 2023 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on September 5, 2023 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room. 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 878 440 428# PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 1. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://vvww.bidnetdirect.com/. Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County: A. Emailed bids are required. PREFERRED: email bids to bidscweldiov.com; however, if your bids exceeds 25MB please upload your bid to hftps://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. B. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid is received. Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by o ne of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids 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 bid 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 bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone n ot otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements. specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Bid Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also u nderstood 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 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 any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated. budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. BID REQUEST #82300109 Page 2 B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq... as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. BID REQUEST #B2300169 Page 3 !. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement. with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder 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. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. 0. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances. and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld BID REQUEST #B2300169 Page 4 County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. 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. R. 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. S. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. BID REQUEST #82300169 Page 5 X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder 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. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self - insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional 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 Contract Professional 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. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy. and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional BID REQUEST #B2300169 Page 6 for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,00Q000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $ 1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract BID REQUEST #B2300169 Page 7 Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B2300169 Page 8 SCOPE OF WORK Weld County Facilities Building Addition and Remodel PROJECT OVERVIEW: Weld County is seeking lump sum bids for a new addition and an interior office remodel at the Weld County Facilities Building, located at 1105 H Street, Greeley Colorado. METHOD OF PROCUREMENT: Request for Bid (RFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an RFB the contract. PROJECT SCOPE: The scope of this project includes an approximate 100'x120' pre-engineered metal building addition that will tie into the existing building as well as a partial interior remodel of the existing office space. All work is to be completed as it is outlined in the project documents and specifications but will include but not limited to the following scopes: architectural, civil, electrical, mechanical, and plumbing as well as all other scopes identified in the project documents. It is the contractor's responsibility at the time of bid to ensure all project specifications and requirements have been considered and included with their bid submission. PROJECT DOCUMENTS: > Attachment A: Weld County Contract Documents Attachment B: Project Documents PROJECT SPECIFIC TERMS AND CONDITIONS: 1. Contractor will only have access to the designated construction areas outlined in the project documents. No additional storage or staging areas will be available. 2. Contractor is responsible for all material handling and deliveries. Weld County will not accept any deliveries made to the building. The contractor will use the work area(s) for any onsite storage that may be needed. 3. The contractor will provide a full-time superintendent or project manager on site while any work is being performed. 4. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors must clean or move materials or equipment that were not properly stored the contractor will assume all associated costs. 5. Contractor is responsible for maintaining the vehicle tracking pad at the entrance/exit of the site. Contractor is responsible for cleaning all adjacent parking or drive lane areas to the site with daily cleanup including street sweeping as needed or requested by the Weld County project manager. 6. Contractor is responsible for installing and maintaining a temporary construction fence to contain the work site. BID REQUEST #B2300169 Page 9 7. It is the contractor's responsibility to ensure all system operations that are needed for normal function of the building remain fully operational and functional. These systems would include but not limited to I-IVAC systems and controls, access controls, plumbing, lighting and power. Any system or utility will need to be coordinated with the appropriate personnel prior to the system being shut down, even if only momentarily. 8. Contractor is responsible for locating all buried utilities (including private) prior to excavation. 9. Contractor is responsible for developing and maintaining a storm water management plan per the project documents and all local EPA and State of Colorado requirements. Contractor must complete all requirements and submit via CEOS website. Contractor is responsible for and will be the operator for all associated permits and will be responsible for all violations/fines for non-compliance with the regulatory requirements. 10. Contractor will be responsible for any additional Weld County MS -4 requirements that are identified in the Public Works MS -4 checklist and Public Works grading permits. 11. Per the provided documents the contractor is responsible for providing a fully functional fire alarm system per all local, state, and federal laws or regulations. This will be tied into the existing building fire alarm system. Contractor will be responsible for all associated cost for design, engineering, procurement, install, and any associated fees to provide a fully operational fire alarm system. 12. Contractor will be responsible and will need to coordinate any necessary permits with the local fire authority. Any fees for these permits to be paid for by the contractor. 13. Contractor is responsible for all Contractor Furnished Contractor Installed equipment as outlined in the project documents. All equipment and shelving final locations must be approved prior to final install by the Weld County project manager. 14. Contractor is responsible for any temporary lighting or power that may be needed to complete the scope of work throughout construction. OWNER PROVIDED NOT IN CONTRACT (NIC): 1. All carpeting will be provided by the owner and is NIC. 2. All rubber cove base in carpeted areas will be provided by owner and is NIC. All base in areas with other types of floors will be provided and installed by the contactor. 3. All bathroom and breakroom soap, paper towels, and tissue paper dispensers will be provided by the owner and is NIC. 4. All appliances shown on the provided project documents in the break rooms will be provided by the owner and is NIC. 5. Install of owner provided equipment will be done by the owner and is not to be included in this scope of work. 6. All systems furniture will be owner provided and is NIC. 7. Access control will be provided by the owner and is NIC. Contractor is responsible for all pathways and rough ins as shown in the project documents. INFORMATION TECHNOLOGY (IT) — DATA CABLING 1. Weld County IT department will be responsible for providing all cabling for County data and is NIC. 2. Contractor will be responsible for all pathways and rough ins for data as outlined in the project documents and specifications. PROJECT CLOSE OUT: 1. Contractor will provide two (2) complete sets of O&M manuals along with two (2) complete sets of as - built drawings at the time of completion of the project. 2. Contractor will provide all manufacturer's warranty documentation for all equipment. 3. Contractor will provide a detailed report for all craftsmanship and labor warranties. BID REQUEST #B2300169 Page 10 4. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 5. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff This includes but is not limited to Security Electronics, HVAC, and Access Control. 6. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All submittals will need to be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 4. RFI's are only to be sent through the County project manager. RFI responses will be sent from the County project manager to the construction team. Direct submissions to or responses from any other source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed. 5. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 6. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. 7. Contractor is responsible for the coordination and scheduling of all inspections that are required for all scopes per the conditions of the Weld County Building Permit. Please note that the Weld County Building Department does not complete inspections during off hours. The contractor will be responsible for having a qualified representative on site for any inspection. 8. All electrical work will be done by a qualified State Licensed electrician. 9. All plumbing work will be done by a qualified State Licensed plumber. 10. All mechanical work will be done by a qualified State Licensed technician. 1 l . Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 12. All lifting and hoisting equipment shall be provided by the contractor as needed. 13. Work will comply with all applicable Federal, State, and local laws, ordinances and regulatory requirements. 14. No bid bond is required for this project. 15. Bids over $50,000 will require a payment (100%) and performance (100%) bond. Performance and payment bonds must be submitted using an AIA-312 bond form. Other bond forms will not be accepted. 16. Contractor will be required to provide Professional Liability Insurance (PLI) and builders risk insurance in the amount of the bid. 17. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. 18. Weld County is a tax-exempt entity. 19. Davis -Bacon and Buy American requirements are NOT required. 20. Contractor to provide lien releases with each ALA payment application. 21. Contractor must submit all payment applications in ALA format. BID REQUEST #B2300169 Page 11 22. Five (5) percent retainage is to be held for the total cost of the project including any additional change orders or increases in cost from original contract. Contractor must show the applicable retainage on each payment application. 23. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. SCHEDULE: I. Contractor is responsible for providing and maintaining a full project schedule as well as a three week look ahead schedule throughout the life of this project. Contractor will have an updated project schedule available upon request. 2. The contractor will host a weekly coordination meeting with all associated contractors, and County representatives. At this time the contractor will provide the three (3) weeks look ahead schedule as well as all applicable updates to the overall project schedule. This will need to be submitted in person at the weekly meeting as well as sent electronically to the County project manager and construction team. Below is the anticipated schedule for this project: Date Of This Bid Advertisement Date Pre -Bid Conference Bid Questions are Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish August 7, 2023 August 7, 2023 August 21, 2023 August 28, 2023 September 5, 2023 September 25, 2023 October 9, 2023 Immediately upon receipt of signed contract June 28, 2024 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being October 9, 2023. Construction Start: Construction Finish: I BID REQUEST #B2300169 Page 12 GENERAL CONDITIONS: Weld County will require the contractor to provide a breakout of all monthly general condition items and their associated costs. This will be used for determining actual cost for claims of delays caused by the owner. This cost shall include but is not limited to all supervision, project management, administrative, equipment, parking, fuel or vehicle expense, or any additional applicable fees and or cost that is associated with the contractor's management and operation of this project. This cost is for additional general conditions, in the case that the project through no fault of the contractor is delayed or extended beyond the contractor's schedule. Any delays in schedule due to the contractor or its representatives will be the contractor's responsibility including all associated cost. Please provide a breakout per the chart below along with your line itemed total monthly general conditions cost. This breakout will only be used in the case of owner delays or if additional scope is added to the project. Contactors Additional Monthly General Conditions Lump Sum Cost: $ GENERAL CONDITIONS MONTHLY BREAKOUT DESCRIPTION MONTHLY LINE -ITEM COST $ $ $ $ $ $ $ $ Fee: Provide a breakout of total cost per the table below. DESCRIPTION TOTAL COST Architectural $ Mechanical $ Electrical $ Plumbing $ Other _ $ Provide your total lump sum cost to complete the project in its entirety. Total Lump Sum Cost $ BID REQUEST #B2300169 Page 13 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on September 5, 2023: on or before the bid opening 1) Pages 9 thru 15 of the Bid Specifications/Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid S ecifications/Scof Work. p� _ope .. ork. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2300169 Page 14 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid No. #B2300169. 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 bidder for the amount shown on the accompanying Bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY BUSINESS ADDRESS CITY, STATE, (Please print) DATE ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. ATTEST: Weld County Clerk to the Board YOU DO NOT NEED TO SEND BACK PAGES 1 — 8. BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0323 BID REQUEST #52300169 Page 15 ADDENDUM#1 BID REQUEST NO. B2300169 FACILITIES BUILDING ADDITION & REMODEL 1) Currently: B2300169 Bid Due Date is September 5, 2023 @ 10:00 am. Change: Due to the increased inquiry for an extension to the bid due date. The bid due date has been revised and moved to September 11, 2023 @ 10:00 am. See revised schedule and due dates below. Date of this Bid August 7, 2023 Advertisement Date August 7, 2023 Pre -bid conference August 21, 2023 Bid Questions Due August 28, 2023 Bids Are Due (Revised) September 11, 2023 Bid Award Notice (Revised) September 27, 2023 Contract Execution (Revised) October 11, 2023 Project completion June 28, 2024 ***We need signed copy on file. Thank You! Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL August 22, 2023 ADDENDUM#2 BID REQUEST NO. B2300169 FACILITIES EXPANSION 1) Currently: The current dates for bid elements are shown below: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Project completion August 7, 2023 August 7, 2023 August 21, 2023 August 28, 2023 September 11, 2023 September 27, 2023 October 11, 2023 June 28, 2024 Change: Due to the number of questions and the substance of some of them, the bid due date has changed along with bid award notice, and contract execution. The new dates are shown below: Date of this Bid August 7, 2023 Advertisement Date August 7, 2023 Pre -bid conference August 21, 2023 Bid Questions Due August 28, 2023 Bids Are Due (Revised) September 18, 2023 Bid Award Notice (Revised) October 4, 2023 Contract Execution (Revised) October 18, 2023 Project completion June 28, 2024 2) Currently: Responses to contractors' questions were to be posted on or about August 29, 2023. Change: Responses to contractors' question will be posted on or about September 7, 2023 ***We need signed copy on file. Thank You!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL August 30, 2023 ADDENDUM#3 BID REQUEST NO. B2300169 FACILITIES EXPANSION 1) Currently: The current dates for bid elements are shown below: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Project completion August 7, 2023 August 7, 2023 August 21, 2023 August 28, 2023 September 11, 2023 September 27, 2023 October 11, 2023 June 28, 2024 Change: 1) Currently: B2300169 Bid Due Date is September 11, 2023 @ 10:00 am. Change: Due to the increased inquiry for an extension to the bid due date. The bid due date has been revised and moved to September 18, 2023 (4 10:00 am. See revised schedule and due dates below. Due to the number of questions and the substance of some of them, the bid due date has changed along with bid award notice, and contract execution. The new dates are shown below: Date of this Bid August 7, 2023 Advertisement Date August 7, 2023 Pre -bid conference August 21, 2023 Bid Questions Due August 28, 2023 Bids Are Due (Revised) September 18, 2023 Bid Award Notice (Revised) October 4, 2023 Contract Execution (Revised) October 18, 2023 Project completion June 28, 2024 2) Currently: Responses to contractors' questions were to be posted on or about August 29, 2023. Change: Responses to contractors' question will be posted on or about September 7, 2023 ***We need signed copy on file. Thank You!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL September 15, 2023 Weld County Facilities Expansion B2300169 - QUESTION & ANSWERS 1. Question: The drawings show (4) garage doors on the elevations but when you go down to the door schedule there are no new roll up doors listed. There is a spec and a design, but they are not on the door schedule. Answer: Contractor is responsible for the procurement and install of all four garage doors as shown in the project documents. 2. Question: Is there soils report available for the earthwork on this project? Answer: Soils Report has been posted to BidNet. 3. Question: Please provide the geotechnical report. Answer: Soils Report has been posted to BidNet. 4. Question: Are there liquidated damages? If yes, what is the amount per calendar day? Answer: No, there are not liquidated damages. 5. Question: Pre -Engineered Metal Building (PEMB) — Is the PEMB owner furnished contractor installed? Answer: NO, the contractor is responsible for all associated cost to engineer, provide and install the PEMB. It is contractor furnished contractor installed. 6. Question: Are there owner furnished contractor materials (OFCI) - If yes, please provide a list OFCI materials. Answer: No, 7. Question: Please provide owner contractor agreement. Answer: Sample contract has been posted to BidNet. 8. Question: We request the bid date be extended until September 07, 2023, due to the Labor Day holiday. Answer: See Addendum #2 9. Question: Can we please extend the bid date because of the holiday? Its always hard to get suppliers to bid around a holiday. Answer: See Addendum #2 10. Question: DS constructors would like to request an extension to bid this project. The Bid date is on Tuesday, September 5th right after Labor Day. Answer: See Addendum #2 11. Question: Can you publish the Soils Report that is Referenced on Page C-2 Answer: Soils Report has been posted to BidNet. 12. Question: Will Cairn Design LLC be coming out with a new drawing set for the lighting? Specifically, there are no fixtures in the NW vestibule. There are no fixtures in the (2) men's restrooms in the center of the room. These areas don't show any items on the demo plans either. Answer: No Cairn Design will not be issuing any additional lighting plans. Please reference the project documents as these areas (NW Vestibule, Existing RR) do not require any lighting changes. 13. Question: Are the as -built plans available for the existing building? Answer: There are limited PDF drawings for the existing building. Successful contractor will be given access to them after contract is executed. 14. Question: Has this project been submitted for Permit? Note Six on Page 11 states: Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. Will the electrical permit be through the state? Will the HVAC and Plumbing Permit be through the state? Answer: Weld County is responsible for the Weld County Building permit which will include electrical, HVAC, and plumbing. Any other permits and their fees will be the responsibility of the contractor. 15. Question: Bid Form Page 13 under "Fee:" Has Architectural as a breakout for total cost, was this supposed to be another Scope? We are not anticipating Architectural Costs because the drawing set is complete. Answer: The architectural cost breakout is for the architectural portion of the project documents to be completed. For example, framing, drywall, finish, flooring, and all other scopes of work as outlined in the architectural drawings. 16. Question: We see the exposed ceiling at the new warehouse does not paint — will the structural frames need to paint (horizontally or vertically or both) Answer: Refer to PEMB specifications found on page A-04. 17. Question: Will permits be by owner? Answer: Refer to question #14. 18. Question: Foundations, bid per drawings? Once awarded will revise if needed based on PEMB. Answer: Final foundation detail will be dependent on the contractor provided PEMB design. Contractor shall bid per project drawings. 19. Question: Do we follow exterior demo per civil? A-05 is different for asphalt demo. Answer: Contractor shall include both civil and architectural asphalt details and requirements. A-05 shows the existing asphalt that is to be removed and replaced, as the civil drawings show the new asphalt around the exterior of the new building. 20. Question: A-13 is the equipment by owner/ GC install? Or is GC installing and providing? Answer: Contractor is responsible for providing and installing. Contractor furnished contractor installed. 21. Question: Can we get a picture of existing guard rail so we can match or are there any specs on this? Answer: This was available at the pre -bid meeting. Successful contractor will have access to the existing space. 22. Question: What are MS -4 requirements? Where do we locate these? Answer: MS -4 requirements are available both on the Weld County and City of Greeley's web sites for flood and storm water management. 23. Question: Is this night work? Answer: No, but since the existing building will remain occupied careful consideration and scheduling will be required. 24. Question: Please confirm existing wall panel color and if it is to be custom matched or if an approved color from the manufacturers standard colors will be acceptable. Answer: Wall panel color will have to be color matched to the existing unless the manufacturers standard colors are an exact match to the existing building. 25. Question: Please confirm existing roof panel color and if it is to be custom matched (if not galvalume). Answer: Roof panel color will have to be color matched to the existing unless the manufacturers standard colors are an exact match to the existing building. 26. Question: Drawings A-04 note Wall panels to be insulating core enclosed between two metal face sheets 24ga. each side. This can be perceived as Insulated Metal Panels. The existing building appears to have single -skin exterior A -panels with standard PEMB insulation in between an interior R liner panel. Please clarify desired wall panel design. Answer: Design intent is a single layer exterior panel, with a single layer interior metal panel with standard metal building insulation in-between. Insulated metal panels are not required. 27. Question: Please confirm the desired gauge of exterior metal wall panels. Answer: 24 Gauge 28. Question: Please confirm the interior metal liner panel height is to match existing building to 7'9" AFF. Answer: Yes, match existing at 7'9" AFF. 29. Question: Drawings A-11 note wall insulation as R-13 + R-13 continuous. Would single layer R-30 with an equal or better R-Factor/performance be allowed? Answer: Yes, this must be part of the submittal process and final approval will be required by the Architect and Owner. 30. Question: Drawings A-11 General Notes #3 state to "align inside face of girts & stud framing with inside face of foundation stem wall at exterior walls." Foundation details do not show a stem wall. Please confirm if there is to be a stem wall AND if girts are to be flush or bypass. Answer: Refer to foundation plan S-102, and detail 2 on S-501 31. Question: Please confirm the roof is 24 ga 18" Standing Seam Answer: Yes, roof panels are 24 gauge 18" standing seam. 32. Question: Please provide a complete set of as -built plans for the existing building with civil pages with the contours. Answer: The only existing grade contours are shown on page C2. Existing civil as-builts are not available. 33. Question: Are there as built plans available for the existing building. Answer: There are limited PDF drawings for the existing building. Successful contractor will be given access to them after contract is executed. 34. Question: For the epoxy sealed concrete listed on page A-50, are we looking for Ashford formula, clear seal for concrete or a colored concrete? Epoxy is typically 3-4 coats depending on expected wear. Answer: Clear seal. 35. Question: Will there be a forklift or heavy-duty traffic on the floor? That will make a difference on what we choose and the durability. Answer: Yes 36. Question: Please confirm that controls for this project (mentioned on sheet M-3.1) are to be furnished and installed only by the local branches of either Johnson Controls (Metasys) or Setpoint Systems (Delta Controls). Answer: The current HVAC system is a standalone system. 37. Question: Please confirm that the controls for this building are to be standalone and are not to be integrated into the existing controls servers for monitoring and control (no remote monitoring or remote control of IR heaters, EF's, mini -splits, or split systems is wanted). Answer: They are to be standalone as is the existing systems. 38. Question: Where will we be able to stockpile excavated material from building? Answer: Weld County will provide a laydown area for the contractor as shown on page A-05 general note 2. If more space is needed contractor will need to coordinate with the Weld County project manager. Contractor may need to store spoils further away from the project location on County property and include all applicable Federal, State, and Local SWMP rules and or applicable laws to protect the spoils pile and surrounding area. 39. Question: Will we be removing and replacing all road base? Answer: Yes, all existing road base is to be removed and replaced. 40. Question: Materials that are left over will they be left onsite, or do they need to be hauled off to a city location or just haul off? Answer: Some materials will be required to be left on -site as owner stock. All additional materials will be required to be hauled off site by the contractor. 41. Question: Will the guard rail at the new Mezzanine need to paint. Answer: Yes, all new guard rail is required to match the existing. 42. Question: With the questions being answered a week before the bid due date and the bid due date being the Tuesday after Labor Day, please consider a bid extension for this project. Answer: See addendum #2 43. Question: Will the existing building be occupied at any point during construction? Answer: Yes 44. Question: Please advise if there are any preferred contractors that Weld County would like the GC to use on scopes of work? Answer: No 45. Question: Please confirm that the owner is responsible for utilities consumption cost during the construction of the building Including gas, power, and water. Answer: Yes 46. Question: Please verify and list all items of deferred or delegated design that the GC or our subcontractors will be responsible for performing. Answer: Pre -Engineered Metal Building (PEMB), Fire Alarm, and Fire Suppression. 47. Question: Would the owners like the GCs to carry an escalation contingency with this project? Answer: No, contractor is responsible for providing a full and complete Lump Sum price. 48. Question: Please provide the existing grades of the site. Answer: The only existing grade contours are shown on page C2. Existing civil as-builts are not available. 49. Question: Page A -I 3 calls for items #6 and #7 hose sets. Part number Q4985SMEZ is not a valid part number from Uniweld. Which products would you like us to price these two items? Answer: This part number is valid and is available through the Uniweld web site. 50. Question: What other fees aside from the permit would be expected to be associated with this project? Answer: All associated fees for stormwater, right of way, or any additional permit that may be needed to provide a complete project. 51. Question: If procurement times do not allow for the projects finish at the desired times. Will the project dates be pushed out based on these procurement dates? Or will liquated damages be charged regardless of lead times? Answer: In the bid request, please provide your anticipated schedule. There will be no liquidated damages. 52. Question: Will any clarifications be accepted with this bid? Answer: No 53. Question: Please provide the current building HVAC controls system? Answer: The current building is standalone 54. Question: Are there any prevailing wages on this project? Answer: No 55. Question: Will any BIM coordination be required? Answer: No 56. Question: Please advise if the GC will be responsible for any accreditations or 3`d party testing on this project. Answer: 3"d party testing will be paid for by the owner. Contractor will be responsible for all coordination with the 3"I party testing agency. 57. Question: Will erectors and fabricators need to be AISC certified? Can AISC be waived? Answer: Yes if it meets the PEMB manufacturers recommendation. 58. Question: Please provide specs for asphalt paving. Answer: Total thickness shall be 10" which shall include 5" of new aggregate base course that meets or exceeds CDOT Class 5 Or 6 specifications. Existing road base or any base course shall not be used. Asphalt shall be 5" in total thickness and placed in two lifts with each lift no more than 3". All asphalt materials shall meet and or exceed CDOT grading S or SX specifications. 59. Question: Please provide specs and wall sections details for masonry walls as well as a foundation detail for the masonry walls. Answer: See sheet A-20 for masonry specifications. Final wall detail will be dependent on the contractor provided PEMB design. 60. Question: What is the daily operating times of current operating hours? How do we keep the existing facility operational during construction? Answer: Typical hours are Monday through Friday 7am to 5pm. The existing building will need to remain open and operational during construction. The successful contractor and the Weld County project manager will develop the final phasing or schedule once contract is complete. See posted floor plan showing anticipated phasing requirements. Weld County has the sole discretion as to where and when the contractor will have access to the existing office space to complete their scope of work. Contractor shall allocate time between anticipated phases for carpet install, and employee and equipment relocation. Anticipated time needed is 15 business days between phases. 61. Question: Please provide the current fire alarm system in the existing building. Answer: Honeywell Firelite. 62. Question: Carpet and base is provided by the owner. Do we provide adhesive? Answer: No, all carpet and rubber base where carpet is installed will be furnished and installed by the owner. All other flooring and base is the responsibility of the contractor to provide and install. 63. Question: All low volt systems are by owner but are we responsible for conduit pathways. Can a sheet be provided showing locations, type of conduit, size, etc. that is required? Cable tray? Answer: Yes, the contractor is responsible for all pathways including conduit. Please refer to electrical drawings for layout and requirements. 64. Question: Please provide the projects Geotech report. Answer: Soils Report has been posted to BidNet. 65. Question: Please provide as-builts for the existing PEMB. Answer: There are limited PDF drawings for the existing building. Successful contractor will be given access to them after contract is executed. 66. Question: Please provide window sizes, types, and basis of design. Answer: Refer to page A-60 detail 4 for window size. Windows shall be 4" aluminum frame with 2" site lines and a factory clear anodized mill finish with 1" insulated glass and shall match existing window tint. 67. Question: Is the thickness of the existing asphalt to be removed known? Answer: Approximately 6" 68. Question: What is the proposed thickness of the new asphalt? Answer: Total thickness shall be 10" which shall include 5" of new aggregate base course that meets or exceeds CDOT Class 5 Or 6 specifications. Existing road base or any base course shall not be used. Asphalt shall be 5" in total thickness and placed in two lifts with each lift no more than 3". All asphalt materials shall meet and or exceed CDOT grading S or SX specifications. 69. Question: Is there any aggregate base needed? Or is the new asphalt going to be paved directly over the existing aggregate base? Answer: Total thickness shall be 10" which shall include 5" of new aggregate base course that meets or exceeds CDOT Class 5 Or 6 specifications. Existing road base or any base course shall not be used. Asphalt shall be 5" in total thickness and placed in two lifts with each lift no more than 3". All asphalt materials shall meet and or exceed CDOT grading S or SX specifications. 70. Question: Will there be office space available in the existing Facilities building for the GC to use during construction or will a jobsite trailer be needed? Answer: No, it is up to the contractor if they want or need a jobsite trailer. 71. Question: Are there any preferred/required subcontractors (i.e. fire suppression, fire alarm, etc.)? Answer: No 72. Question: Will we be able to use the existing office area as a construction office instead of an office trailer. Answer: No. 73. Question: Will the exterior split systems need to be relocated and reinstalled as soon right after they are removed? Answer: Yes, HVAC systems in the current building need to remain operational. 74. Question: Should we be figuring LVT and base in the break room? (Right next to Dining 06) This room is not called out on the room finish schedule, but keynote 5 on sheet A-11 calls out for new LVT and base in the breakroom. Answer: Yes, contractor is responsible for the removal of the existing flooring and installing new LVT and base in the existing breakroom. 75. Question: Where all should we be figuring resilient base? The room finish schedule calls for B3 base in Warehouse 1, OT office/storage 2, dining 6, and equipment 10. Note 1 of the finish schedule notes says "base on walls at equipment and office only." Answer: Refer to the room finish schedule on page A-50. Resilient Base will be required at all drywall finished walls. Which includes the warehouse, OT office and storage, Dining, and the equipment room. 76. Question: Should we be figuring any new flooring in the storage mezzanine? Answer: No, the new mezzanine shall match the existing mezzanine. 77. Question: Will the following be structural info be available? Seismic — spectral response acceleration at short periods? Seismic- spectral response acceleration for 1 second collateral load? Answer SS = 0.149 / S1 = 0.05 Weld County Facilities Expansion B2300169 - QUESTION & ANSWERS CLARIFICATION 1. Question: Please confirm that controls for this project (mentioned on sheet M-3.1) are to be furnished and installed only by the local branches of either Johnson Controls (Metasys) or Setpoint Systems (Delta Controls). Answer: The current HVAC system is a standalone system. Question Clarification: Current system is standalone, that is correct. That does not answer the question at hand as controls are called out for on sheet M-3.1 and call out for parking garage ventilation controls are to control some exhaust fans and gravity ventilators. It mentions that these controls are to be by Johnson Controls or Setpoint. I was trying to clarify that these are to only be furnished and installed only by the local branches of either Johnson Controls (Metasys) or Setpoint Systems (Delta Controls). Sheet M3. I that mentions controls. 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METHOD OF PROCUREMENT: Request for Bid (RFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an RFB the contract. PROJECT SCOPE: The scope of this project includes an approximate 100'x120' pre-engineered metal building addition that will tie into the existing building as well as a partial interior remodel of the existing office space. All work is to be completed as it is outlined in the project documents and specifications but will include but not limited to the following scopes: architectural, civil, electrical, mechanical, and plumbing as well as all other scopes identified in the project documents. It is the contractor's responsibility at the time of bid to ensure all project specifications and requirements have been considered and included with their bid submission. PROJECT DOCUMENTS: Attachment A: Weld County Contract Documents ➢ Attachment B: Project Documents PROJECT SPECIFIC TERMS AND CONDITIONS: 1. Contractor will only have access to the designated construction areas outlined in the project documents. No additional storage or staging areas will be available. 2. Contractor is responsible for all material handling and deliveries. Weld County will not accept any deliveries made to the building. The contractor will use the work area(s) for any onsite storage that may be needed. 3. The contractor will provide a full-time superintendent or project manager on site while any work is being performed. 4. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors must clean or move materials or equipment that were not properly stored the contractor will assume all associated costs. 5. Contractor is responsible for maintaining the vehicle tracking pad at the entrance/exit of the site. Contractor is responsible for cleaning all adjacent parking or drive lane areas to the site with daily cleanup including street sweeping as needed or requested by the Weld County project manager. 6. Contractor is responsible for installing and maintaining a temporary construction fence to contain the work site. BID REQUEST #B2300169 Page 9 7. It is the contractor's responsibility to ensure all system operations that are needed for normal function of the building remain fully operational and functional. These systems would include but not limited to HVAC systems and controls, access controls, plumbing, lighting and power. Any system or utility will need to be coordinated with the appropriate personnel prior to the system being shut down, even if only momentarily. 8. Contractor is responsible for locating all buried utilities (including private) prior to excavation. 9. Contractor is responsible for developing and maintaining a storm water management plan per the project documents and all local EPA and State of Colorado requirements. Contractor must complete all requirements and submit via CEOS website. Contractor is responsible for and will be the operator for all associated permits and will be responsible for all violations/fines for non-compliance with the regulatory requirements. 10. Contractor will be responsible for any additional Weld County MS -4 requirements that are identified in the Public Works MS -4 checklist and Public Works grading permits. 11. Per the provided documents the contractor is responsible for providing a fully functional fire alarm system per all local, state, and federal laws or regulations. This will be tied into the existing building fire alarm system. Contractor will be responsible for all associated cost for design, engineering, procurement, install, and any associated fees to provide a fully operational fire alarm system. 12. Contractor will be responsible and will need to coordinate any necessary permits with the local fire authority. Any fees for these permits to be paid for by the contractor. 13. Contractor is responsible for all Contractor Furnished Contractor Installed equipment as outlined in the project documents. All equipment and shelving final locations must be approved prior to final install by the Weld County project manager. 14. Contractor is responsible for any temporary lighting or power that may be needed to complete the scope of work throughout construction. OWNER PROVIDED NOT IN CONTRACT (NIC): I. All carpeting will be provided by the owner and is NIC. 2. All rubber cove base in carpeted areas will be provided by owner and is NIC. All base in areas with other types of floors will be provided and installed by the contactor. 3. All bathroom and breakroom soap, paper towels, and tissue paper dispensers will be provided by the owner and is NIC. 4. All appliances shown on the provided project documents in the break rooms will be provided by the owner and is NIC. 5. Install of owner provided equipment will be done by the owner and is not to be included in this scope of work. 6. All systems furniture will be owner provided and is NIC. 7. Access control will be provided by the owner and is NIC. Contractor is responsible for all pathways and rough ins as shown in the project documents. INFORMATION TECHNOLOGY (IT) - DATA CABLING 1. Weld County IT department will be responsible for providing all cabling for County data and is NIC. 2. Contractor will be responsible for all pathways and rough ins for data as outlined in the project documents and specifications. PROJECT CLOSE OUT: 1. Contractor wilt provide two (2) complete sets of O&M manuals along with two (2) complete sets of as - built drawings at the time of completion of the project. 2. Contractor will provide all manufacturer's warranty documentation for all equipment. 3. Contractor will provide a detailed report for all craftsmanship and labor warranties. BID REQUEST #82300169 Page 10 4. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 5. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff. This includes but is not limited to Security Electronics, HVAC, and Access Control. 6. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All submittals will need to be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 4. RFI's are only to be sent through the County project manager. RFI responses will be sent from the County project manager to the construction team. Direct submissions to or responses from any other source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed. 5. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 6. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. 7. Contractor is responsible for the coordination and scheduling of all inspections that are required for all scopes per the conditions of the Weld County Building Permit. Please note that the Weld County Building Department does not complete inspections during off hours. The contractor will be responsible for having a qualified representative on site for any inspection. 8. All electrical work will be done by a qualified State Licensed electrician. 9. All plumbing work will be done by a qualified State Licensed plumber. 10. All mechanical work will be done by a qualified State Licensed technician. 11. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 12. All lifting and hoisting equipment shall be provided by the contractor as needed. 13. Work will comply with all applicable Federal, State, and local laws, ordinances and regulatory requirements. 14. No bid bond is required for this project. 15. Bids over $50,000 will require a payment (100%) and performance (100%) bond. Performance and payment bonds must be submitted using an AIA-312 bond form. Other bond forms will not be accepted. 16. Contractor will be required to provide Professional Liability Insurance (PLI) and builders risk insurance in the amount of the bid. 17. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. 18. Weld County is a tax-exempt entity. 19. Davis -Bacon and Buy American requirements are NOT required. 20. Contractor to provide lien releases with each AIA payment application. 21. Contractor must submit all payment applications in AIA format. BID REQUEST #82300169 Page 11 22. Five (5) percent retainage is to be held for the total cost of the project including any additional change orders or increases in cost from original contract. Contractor must show the applicable retainage on each payment application. 23. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. SCHEDULE: 1. Contractor is responsible for providing and maintaining a full project schedule as well as a three week look ahead schedule throughout the life of this project. Contractor will have an updated project schedule available upon request. 2. The contractor will host a weekly coordination meeting wills all associated contractors, and County representatives. At this time the contractor will provide the three (3) weeks look ahead schedule as well as all applicable updates to the overall project schedule. This will need to be submitted in person at the weekly meeting as well as sent electronically to the County project manager and construction team. Below is the anticipated schedule for this project: Date Of This Bid Advertisement Date Pre -Bid Conference Bid Questions are Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish) August 7, 2023 August 7, 2023 August 21, 2023 August 28, 2023 September 5, 2023 September 25, 2023 October 9, 2023 Immediately upon receipt of signed contract June 28, 2024 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being October 9, 2023. Construction Start: 10/30/2023 Construction Finish: 6/28/2024 BID REQUEST #B2300169 Page 12 GENERAL CONDITIONS: Weld County will require the contractor to provide a breakout of all monthly general condition items and their associated costs. This will be used for determining actual cost for claims of delays caused by the owner. This cost shall include but is not limited to all supervision, project management, administrative, equipment, parking, fuel or vehicle expense, or any additional applicable fees and or cost that is associated with the contractor's management and operation of this project. This cost is for additional general conditions, in the case that the project through no fault of the contractor is delayed or extended beyond the contractor's schedule. Any delays in schedule due to the contractor or its representatives will he the contractor's responsibility including all associated cost. Please provide a breakout per die chart below along with your line itemed total monthly general conditions cost. This breakout will only be used in the case of owner delays or if additional scope is added to the project. Contactors Additional Monthly General Conditions Lump Sum Cost: $ 22,205.00 GENERAL CONDITIONS MONTHLY BREAKOUT DESCRIPTION MONTHLY LINE -ITEM COST Project Manager Superintendent $ 6,726.00 $ 13,452.00 Project Coordinator Temporary Facilities 777.00 $ 1,250.00 $ $ $ S $ $ $ Fee: Provide a breakout of total cost per the table below. DESCRIPTION TOTAL COST Architectural includes siteworlc Mechanical $ 1,476,033.00 $ 210,620.00 $ 274,486.00 $ 177,143.00 Electrical Plumbing Other Fire Sprinkler $ 54,681.00 Provide your total lump sum cost to complete the project in its entirety. Total Lump Sum Cost $ 2,192,963,00 BID REQUEST #82300169 Page 13 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on September 5, 2023: 1) Pages 9 thru 15 of the Bid Specifications/Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications/Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2300169 Page 14 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid No. #62300169. 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 bidder for the amount shown on the accompanying Bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Rhinotrax Construction BY Michele King (Please print) BUSINESS 1035 Coffman Street Ste. 110 ADDRESS DATE 9-5-2023 CITY, Longmont STACEY ZIP 80501 TELEPHONE NO 303 -6$? -9906 � ----PAS TAX ID # 56-2486333 SIGNATURE E-MAIL michele@rhinotrax.com CODE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Cleric to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0323 BID REQUEST #82300169 Page 15 ADDENDUM#1 BID REQUEST NO. B2300169 FACILITIES BUILDING ADDITION & REMODEL 1) Currently: B2300169 Bid Due Date is September 5, 2023 @ 10:00 am. Change: Due to the increased inquiry for an extension to the bid due date. The bid due date has been revised and moved to September 11, 2023 @ 10:00 am. See revised schedule and due dates below. Date of this Bid August 7, 2023 Advertisement Date August 7, 2023 Pre -bid conference August 21, 2023 Bid Questions Due August 28, 2023 Bids Are Due (Revised) September 11, 2023 Bid Award Notice (Revised) September 27, 2023 Contract Execution (Revised) October 11, 2023 Project completion June 28, 2024 ***We need signed copy on file. Thank You!*** Addendum received by: August 22, 2023 Rhinotrax Construction FIRM 1035 Coffman Street Ste 110 ADDRESS Longmont CO 80501 EMAIL ADDENDUM#2 BID REQUEST NO. B2300169 FACILITIES EXPANSION 1) Currently: The current dates for bid elements are shown below: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Project completion August 7, 2023 August 7, 2023 August 21, 2023 August 28, 2023 September 11, 2023 September 27, 2023 October 11, 2023 June 28, 2024 Change: Due to the number of questions and the substance of some of them, the bid due date has changed along with bid award notice, and contract execution. The new dates are shown below: Date of this Bid August 7, 2023 Advertisement Date August 7, 2023 Pre -bid conference August 21, 2023 Bid Questions Due August 28, 2023 Bids Are Due (Revised) September 18, 2023 Bid Award Notice (Revised) October 4, 2023 Contract Execution (Reviser!) October 18, 2023 Project completion June 28, 2024 2) Currently: Responses to contractors' questions were to be posted on or about August 29, 2023. Change: Responses to contractors' question will be posted on or about September 7, 2023 ***We need signed copy on file. Thank You!*** Addendum received by: \c eo),StLfri lc_ vt.16 FIRM 13 Coo-fi17,a - ADDRESS JoJ rnLolL - ('a bog)] CITY D STATE BY t,c 1e_@✓"k,rufQKo?6 EMAIL August 30, 2023 We are also in receipt of the Questions & Answers issued for B2300169. ADDENDUM#3 BID REQUEST NO. B2300169 FACILITIES EXPANSION 1) Currently: The current dates for bid elements are shown below: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Project completion August 7, 2023 August 7, 2023 August 21, 2023 August 28, 2023 September 11, 2023 September 27, 2023 October 1 I, 2023 June 28, 2024 Change: 1) Currently: B2300169 Bid Due Date is September 11, 2023 @ 10:00 am. Change: Due to the increased inquiry for an extension to the bid due date. The bid due date has been revised and moved to September 18, 2023 (a, 10:00 am. See revised schedule and due dates below. Due to the number of questions and the substance of some of them, the bid due date has changed along with bid award notice, and contract execution. The new dates are shown below: Date of this Bid August 7, 2023 Advertisement Date August 7, 2023 Pre -bid conference August 21, 2023 Bid Questions Due August 28, 2023 Bids Are Due (Revised) September 18, 2023 Bid Award Notice (Revised) October 4, 2023 Contract Execution (Revised) October 18, 2023 Project completion June 28, 2024 2) Currently: Responses to contractors' questions were to be posted on or about August 29, 2023. Change: Responses to contractors' question will be posted on or about September 7, 2023 ***We need signed copy on file. Thank You!*** Addendum received by: September 15, 2023 e72vcne (0 X-- . ADD ► ESS CI T. TE EMAIL Form W-9 (Rev. October 2018) lapppe Aevt of the TSarea stny Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. ao 1 Name (as shown on your Income tax return). Name is required on this line: do not leave this lime blank. Rhlnotrax Construction, Inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. ❑ Individual/sole proprietor Of 0 C Corporation 0 S Corporation ❑ Partnership ❑ Trust/estate single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, 5=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do notched. LLC If the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► 5 Address (number, street, and apt. or suite no.) See Instructions. 1035 Coffman Street City, stale, and ZIP code Longmont, Colorado 80501 T Ust account nvm5ells) here (optional) 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (If any) Exemption from FATCA reporting code (if any) (Applies(o accounts mainta ed.iside. US) Requester's name and address (opt all • Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, It Is your employer Identification number (EIN). If you do not have a number, see Now to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number II or Employer Identification number 5 2 4 8 6 3 3 3 Gm Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting fora number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report ail interest or dividends, or (5) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abando nt of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and ends yo are hed to - e ;L orlon, but you must provide your correct TIN. See the instructions for Part II, later. Sight I Signature of Here u s. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SON), Individual taxpayer identification number (ITIN), adoption taxpayer identification number (MIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► /2 /2•/9 •/ 9 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-9 (stock r) mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S, person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cot. by. 10231X Form W-9 (Rev. 10-2018) ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/24/2023 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 have ADDITIONAL INSURED provisions or 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). PRODUCER CRS Insurance Brokerage 9780 S Meridian Blvd Suite 400 Englewood CO 80112 CONTACT Ginny Kipli g PHONE -7 FAX (Pal, EA; 303-996-7800 (A/c, No): 303-757-7719 ADORess: gkipling@crsdenver.com INSURER(S) AFFORDING COVERAGE NAIL $ INSURER A: Westfield Insurance 24112 INSURED RHINO -1 Rhinotrax Construction, Inc. 1035 Coffman St. Longmont CO 80501 INSURER B : Pinnacol Assurance 41190 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1314410887 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 LT TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (rIall/YEA1 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR CWP3965093 6130/2023 6,30,2024 EACH OCCURRENCE $ 1,000,000 PREM SES Ea occur ence) $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL 8. ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PE LOC OTHER: PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY IRED X Z7(105, AUTOS ONLY AUTOSSCHEDULED X NON -OWNED =SWAN CWP3965093 6/30/2023 6/30/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAR EXCESS LIAR X 05445 CLAIMS -MADE CWP3965093 6/30/2023 6/30/2024 Eoos OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED I X I RETENTION $ n B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y� OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 4111625 7/1/2023 7/1/2024 X 1 PER OTH- I STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Lease/Rented Equip CWP3965093 6/30/2023 6/30/2024 Limit Ded 50,000 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Board of Weld County Commissioners 1301 N. 17th Avenue Greeley CO 80631 AUTHORIZED REPRE ENTATIVE 1,)4e1 SCrl ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD® CERTIFICATE OF PROPERTY INSURANCE DATE (MMIDDIYYYY) 10/24/2023 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. PRODUCER CONTACT David Feldman CRS Insurance Brokerage 9780 S Meridian Blvd Suite 400 Englewood CO 80112 PHONE FAX IAIc. N,. E,dr. 303-996-7800 (AIC, No): 303-757-7719 0005e5.: dfeldman@crsdenver.com PRODUCER CUSTOMER ID: INSURER(S) AFFORDING COVERAGE NAIL # INSURED INSURER A: Select/Ve IDS. CO. Of America 12572 Rhinotrax Construction, Inc. 1035 Coffman St. INSURER B: INSURER C : Longmont CO 80501 INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 361360321 REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 1105 H ST., GREELEY, CO 80631 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYYYY) POLICY EXPIRATION DATE (MMIDDIYYYY) COVERED PROPERTY LIMITS PROPERTY CAUSES OF LOSS DEDUCTIBLES BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG & PP $ $ $ BASIC BUILDING $ BROAD CONTENTS $ SPECIAL $ EARTHQUAKE $ WIND $ FLOOD A X INLAND MARINE CAUSES OF LOSS NAMED PERILS X Special Form TYPE OF POLICY Builders Risk 10/23/2023 10/23/2024 X Location X Catastrophe X Transit X Temporary Loc $ 1,535,074 $ 1,535,074 $ 153,507 POLICY NUMBER S 2508137 $153,507 CRIME TYPE OF POLICY $ $ -I BOILER 8 MACHINERY / EQUIPMENT BREAKDOWN $ SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL a DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Board of Weld County Commissioners 1301 N. 17th Avenue Greeley CO 80631l'')/1),' AUTHORIZED REPRESENTATIVE lib, af"S°1 ACORD 24 (2016/03) © 1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* Entity ID" RHINOTRAX CONSTRUCTION INC @00041 743 Contract Name* FACILITIES BUILDING ADDITION & REMODEL Contract Status CTB REVIEW Contract Description * ADDITION & REMODEL AT THE FACILITIES BUILDING Contract Description 2 Contract Type* CONTRACT Amount* $2,192,963.00 Renewable* NO Automatic Renewal Grant IGA Q New Entity? Contract ID 7464 Contract Lead * SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;Iredfern@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 10/12/2023 GROUNDS 10/16/2023 Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2300169 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 11/18/2024 Committed Delivery Date Renewal Date Expiration Date* 11/18/2024 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver CHERYL PATTELLI Approval Process Department Head TOBY TAYLOR DH Approved Date 10/24/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11/01/2023 Finance Approver CHERYL PATTELLI Purchasing Approved Date 10/27/2023 Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 10/25/2023 10/26/2023 Tyler Ref # 110123 Originator SGEESAMAN September 26, 2023 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Facilities Building Addition & Remodel - B2300169 As advertised this bid is for the Facilities Building Addition and Remodel. The low bid is from Rhinotrax Construction and meets specifications. Therefore, the Facilities Department is recommending the award to Rhinotrax Construction in the amount of $2,192,963.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director ZOZ3-fZ(o Be100Z5 DATE OF BID: SEPTEMBER 5, 2023 REQUEST FOR: FACILITIES BUILDING ADDITION & REMODEL DEPARTMENT: FACILITIES BID NO: B2300169 PRESENT DATE: SEPTEMBER 20, 2023 APPROVAL DATE: OCTOBER 4, 2023 VENDOR WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett S.weldgov.com cgeisert@weldgov.com Phone: (970) 400-4222 or 4223 START FINISH DATE DATE TOTAL RHINOTRAX CONSTRUCTION 10/30/2023 6/28/2024 $2,192,963.00 1035 COFFMAN STREET, SUITE 110 LONGMONT, CO 80501 TCC CORPORATION 1/1/2024 6/28/2024 $2,259,808.00 609 GYRFALCON COURT, UNIT D WINDSOR, CO 80550 DS CONSTRUCTORS, LLC 10/10/2023 6/28/2024 $2,392,988.00 903 N. CLEVELAND, SUITE 100 LOVELAND, CO 80537 POUDRE CONSTRUCTION & DESIGN, LLC 10/18/2023 6/28/2024 $2,398,000.00 607 E. 7TH STREET LOVELAND, CO 80537 GROWLING BEAR CO. INC. 10/31/2023 10/23/2024 $2,405,912.00 2330 4TH AVENUE GREELEY, CO 80631 2023-2726 q/20 5e-10025 PAGE 2 DATE OF BID: SEPTEMBER 5, 2023 REQUEST FOR: FACILITIES BUILDING ADDITION & REMODEL DEPARTMENT: FACILITIES BID NO: B2300169 START FINISH VENDOR DATE DATE TOTAL PETRA INC. 10/18/2023 6/28/2024 $2,607,572.00 9250 E. COSTILLA AVENUE, #600 GREENWOOD VILLAGE, CO 80112 HARRIS CONSTRUCTORS INC 10/19/2023 6/28/2024 $2,669,594.98 975 AUTOMATION DRIVE, A WINDSOR, CO 80550 FRANSEN PITTMAN GENERAL CONTRACTORS 1/8/2024 7/29/2024 $2,748,851.00* 522 MAIN STREET WINDSOR, CO 80550 *ADD ASPHALT DEMO AND REPLACEMENT SHOWN ON PG. A-05 $35,319.00 ADD FOR 7'9" LINEAR WALL PANELS IN WAREHOUSE $5,500.00 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. Hello