HomeMy WebLinkAbout20232955.tiffCo &ID '$fin
August 5, 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: Southwest Service Center Snow Removal (2023-2955)
In 2023, Si Ward Landscapes was awarded the snow removal contract for the Southwest Service Center.
The bid permitted the option for an annual renewal for the period of October 15, 2024, through May 1,
2025.
The Facilities Department is recommending approval of this annual renewal.
Sincerely,
Curtis Naibauer
Interim Director
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CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN
THE WELD COUNTY DEPARTMENT OF FACILITIES
AND SJ WARD LANDSCAPES
This Agreement Extension/Renewal ("Renewal"), made and entered into ICI tilday of
, by and between the Board of Weld County Commissioners, on behalf of the Weld Count
Department of Facilities, hereinafter referred to as the "Department", and SJ Ward Landscapes, hereinafter
referred to as the "Contractor".
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld
County Clerk to the Board of County Commissioners as document No. 2023-2955, approved on October 4,
2023.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with
the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided
herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
• The Original Agreement will end on May 1, 2024.
The parties agree to extend the Original Agreement for an additional one (1) year period, which will
begin October 15, 2024, and will end on May 1, 2025.
The Renewal, together with the Original Agreement, constitutes the entire understanding between the
parties. The following change is hereby made to the Contract Documents, which shall be effective
upon the expiration of the current term of the Original Agreement:
1. $1,774.28 for a full removal and $1,329.97 for a partial removal. Snow removal will be on an as
needed basis.
• All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year
first above written.
CONTRACTOR: On 'C'e' v
SRMIYAMACLS - ss IN10 & Lo 1 sca.fts
P ted Name
CUM
Lure
BOARD OF COUNTY COMMISSIONERS
WELD COU ADO
Kevin D. Ross, Chair AUG 1 9 2024
ATTEST
ddez44)
Weld C+unty lerk to the Board
BY:
Deputy Clerk to the Board
AC O®
CERTIFICATE OF LIABILITY INSURANCE
RATE (MMfDD1YYYY)
0611212024
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(les) 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
Flood and Peterson
PO Box 578
Greeley CO 80632
G0001AGT Alexandra Weber
P(AH�ON�u um (970) 356-0123 I (00, Nol: (970) 330.1867
�oREss: AWeber5lloodpeterson.c0m
INSURER(S) AFFORDING COVERAGE
NAIL •
INSURER 8 : Selective Insurance Company of the Southeast
39926
INSURED
SJ Ward Landscapes. LLC
3351st Ave
Unit 116
Longmont CO 80501
,,,,SURER. : Pinnacol Assurance
41190
aisuRER o :
WSURER D :
e1SURER E :
INSURER F:
COVERAGES
CERTIFICATE NUMBER: Master
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 CONTRACTOR 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 PORGIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Ill
LTR
TYPE OF INSURANCE
ADDCBUBR
INSD YN6
POLICY NUMBER
POLICY EFF
(MMIDDtYYYY)
POLIGY ExP
(MMIDDIYYYY)
UNITS
A
X COMMERCIAL GENERAL 8001 ITY
CLAIMS -MADE OCCUR
Y
S 2508790
12/20/2023
12/20/2024
EACH OCCURRENCE
$ 1,000,000
PREMISES E owurrencie)
$ 500,000
MEC. EXP {Roo one person)
$ 15,000
PERSONAL d ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEM AGGREGATE LIMIT APPLIES PER:
POLICY ® jag: LOC
OTHER:
PRODUCTS - COMP/O0 AGG
S 2,000,000
A
AUTOMOBILE LIABILITY
X my AUTO
OWNED
AUTOS ONLY
XHIRED
AUTOS ONLY
- SCHEDULED
AUTOS
AUTOS NEO
X AUTOS ONLY
S 2508790
12/20/2023
12/20/2024
COMBB'ED m)SINGLE LIMIT
(Ee eawe
$ 1,000,000
BODILY INJURY (Per person!
$
BODILY INJURY {Per scolds.
S
PROPERTY DAMAGE
(Pet accident)
$
A
X UMBRELLAL"
EXCESS LIAO
X OCCUR
CLAtMSMADE
S 2508790
12/20/2023
12/20/2024
EACH OCCURRENCE
$ 3,000,000
A. A1E.
$ 3,000,000
$
DEG I Xl RETENTIONS 0
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y t N
ANYPROPRIETOR/PARTNERfEXECUTP/E Q
OF neleto y m NH) EXCLUDED?
(Mandatory In NH)
U yes, describe under
DESCRIPTION OF OPERATONS below
618
4241993
035O2024
03/01/2025
_
XI STATUTE 1 I 2.1" -
E.L. EACH8500ENT
S 1.000'000
E.L. DISEASE = EA EMPLOYEE
$ 1,000,000
E.L. DISEASE -POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Addhlonal Rem.* Schedule, may be attsehed N more •.e41 Is required)
Weld County Building Department is included as Additional Insured as required by written contract for liability caused by the named insured, subject to policy
terms and conditions. This Certificate does not alter the insurance coverage afforded by the policies described herein.
ERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Weld County Building Department
ACCORDANCE WITH THE POLICY PROVISIONS.
1105 H St
AUTHORIZED REPRESENTATIVE
Greeley
i
CO 80631
(3.6,0110--- -
ACORD 25 (2016/03)
®1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Contract Form
Entity Information
Entity Name*
SJ WARD LANDSCAPES
Entity ID*
@00040251
Q New Entity?
Contract Name * Contract ID
SOUTHWEST WELD COUNTY SERVICE CENTER SNOW 8627
REMOVAL
Contract Status
CTB REVIEW
Contract Lead *
CNAIBAUER
Contract Lead Email
cnaibauer@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
SNOW REMOVAL CONTRACT FOR SOUTHWEST SERVICE CENTER. FULL REMOVAL $1,774.28, PARTIAL REMOVAL
$1,329.97, TYLER (2023-2955)
Contract Description 2
Contract Type*
CONTRACT
Amount*
$1,774.28
Renewable*
YES
Automatic Renewal
Grant
IGA
Department Requested BOCC Agenda Due Date
BUILDINGS AND Date* 08/1 5/2024
GROUNDS 08/19/2024
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
D.GOV
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
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*
08/01/2025
Committed Delivery Date
Renewal Date*
10/15/2025
Expiration Date
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
CURTIS NAIBAUER CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
08/14/2024 08/14/2024 08/14/2024
Final Approval
BOCC Approved Tyler Ref*
AG 081924
BOCC Signed Date Originator
CNAIBAUER
BOCC Agenda Date
08/19/2024
Coh os+ 7e-135
September 25, 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: Southwest Service Center Parking Lot Snow Removal - 82300182
As advertised this bid is for the Southwest Service Center parking lot snow removal. The low bid is from
S.J. Ward Landscapes and meets specifications.
Therefore, the Facilities Department is recommending the award to S.J. Ward Landscapes in the amount
of $1,612.98 for Full removal & $1,209.73 for Partial removal.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
onr J l;al ,. �,�.: �C, U,r1 e, 2023-2955
.i�J- Oj 1C�1� to Ics 1 a3
�act/Z3 v 3C-10023
WELD COUNTY AGREEMENT FOR SERVICES
BETWEEN WELD COUNTY & S.J. WARD LANDSCAPES
SOUTHWEST SERVICE CENTER SNOW REMOVAL
THIS AGREEMENT is made and entered into this day of laiitb?,v, 2023, by
and between the Board of Weld County Commissioners, on behalf of the Facilities Department,
hereinafter referred to as "County," and S.J. Ward Landscapes, hereinafter referred to as
"Contractor".
WHEREAS, County requires an independent contractor to perform the services required
by County and set forth in the attached Exhibits; and
WHEREAS, Contractor is wilting and has the specific ability to perform the required
services at or below the cost set forth in the attached Exhibits; 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 attached 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.
B2300182.
Exhibit B consists of Contractor's Response to County's Request.
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 further be responsible for the timely completion, and acknowledges that a failure
to comply with the standards and requirements of Work within the time limits prescribed by
County may result in County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the mutual execution
of this Agreement, and ends one year later. 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.
4. Termination; Breach; Cure. County may terminate this Agreement for its own
convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County
to procure replacement services, Contractor may terminate this Agreement for its own convenience
upon ninety (90) days written notice to County. 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
completed or partially completed Work 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. Upon termination of this Agreement by County,
Contractor shall have no claim of any kind whatsoever against the County by reason of such
termination or by reason of any act incidental thereto, except for compensation for work
satisfactorily performed and/or materials described herein properly delivered.
5. Extension or Amendment. Any amendments or modifications to this agreement shall be
in writing signed by both parties. No additional services or work performed by Contractor shall be
the basis for additional compensation unless and until Contractor has obtained written
authorization and acknowledgement by County for such additional services.
6. Compensation. Upon Contractor's successful completion of the Work, and
County's acceptance of the same, County agrees to pay Contractor an amount not to exceed
$1,612.98 for Full removal & $1.209.73 for Partial removal as set forth in the 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).
2
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 the 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. Warranty. Contractor warrants that the Work performed under this Agreement will be
performed in a manner consistent with the 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.
10. 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 and incidental material(s) furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
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 exists 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.
11. 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.
3
Types of Insurance.
Workers' Compensation / Employer's Liability Insurance as required by state statute,
covering all of 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; $1,000,000 general aggregate; $1,000,000
Personal injury $5,000; Medical payment per person.
Automobile Liability Insurance: 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.
b. Proof of Insurance. Upon County's request, Contractor shall provide to County a
certificate of insurance, a policy, or other proof of insurance as determined in County's
sole discretion. County may require Contractor to provide a certificate of insurance naming
Weld County, 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
their 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.
12. 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
4
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.
13. 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.
14. Examination of Records. To the extent required by law, the Contractor agrees that an
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. Contractor agrees to maintain these
documents for three years from the date of the last payment received.
15. 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.
16. Notices. 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 and received by the sending party; or
Either party may change its notice address(es) by written notice to the other. Notice may be sent
to:
5
TO CONTRACTOR:
Name: Steve Ward
Position: Owner
Address: 335 1St Ave. #6
Address: Longmont, CO 80501
E-mail: steve@siwardlandscapes.com
Phone: 303-776-7991
TO COUNTY:
Name: Toby Taylor
Position: Facilities Director
Address: 1105 H Street
Address: Greeley, CO. 80632
E-mail: ttavlor@weldgov.com
Phone: 970-400-2021
17. 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.
18. 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.
19. 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.
20. 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.
21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-
50-507. The signatories to this Agreement state 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.
22. 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
requirements) shall survive any such expiration or termination.
6
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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
29. 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, 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.
7
CONTRACTOR:
SI Ward Landscapes
BY; ____
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WELD COUN : t
ATTEST: ,, .. ; ok BOARD OF COUNTY COMMISSIONERS
Weld County a to t e board WELD C • UNTY, COLORADO
Depu Clerk to the Board , E. e Freeman, Chair
OCT 0 4 2323
8
Exhibit A
REQUEST FOR BID
WELD COUNTY, COLORADO
1301 N. 17TH AVENUE
GREELEY, CO 80631
DATE: September 5, 2023
BID NUMBER: B2300182
DESCRIPTION: SOUTHWEST SERVICE CENTER PARKING LOT & SIDEWALK SNOW REMOVAL
DEPARTMENT: FACILITIES
MANDATORY PRE -BID CONFERENCE DATE: SEPTEMBER 11, 2023
BID OPENING DATE: SEPTEMBER 20, 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:
SOUTHWEST SERVICE CENTER PARKING LOT & SIDEWALK SNOW REMOVAL
A mandatory pre -bid conference will be held on September 11, 2023 at 1:00 PM at the Southwest Service
Center located at 4209 County Road 24%, Firestone, CO 80504. Bidders must participate and record their
presence at the pre -bid conference to be eligible to submit bids.
Bids will be received until: September 20, 2023 at 1:00 PM (Weld County Purchasing Time Clock). The
submitted bids will be read over a Microsoft Teams Conference Call on September 20, 2023 at 1:30 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: 872 587 224#
PAGES 1 - 7 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE
REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN
PAGES 1 - 7 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 7.
2. 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 the Weld County to pay if
awarded the bid.
You can find information concerning this request on the BidNet Direct website at
https://www.bidnetdirect.com/. Weld County Government is a member of BidNet Direct. BidNet Direct is an
on-line notification system which is being utilized by multiple non-profit and governmental entities.
Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized
system.
Did Delivery to Weld County:
A. Emailed bids are required. PREFERRED: email bids to bids@weldgov.com; however, if your bid
exceeds 25MB please upload your bid to https://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 has been 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
one 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
on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone
not 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 Proposal
Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal
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
understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with
C.R.S. § 30-11-110 (when it is accepting bids 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 the product specifications and scope of services), the
formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County
Commissioners, together constitutes a contract, with the contract date being the date of signature by the
Chair of the Board of County Commissioners.
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 #B2300182 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 #82300182 Page 3
i . 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.
O. 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. In addition to the foregoing warranties, Contractor is
aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty
period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship
or performance.
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.
BID REQUEST #B2300182 Page 4
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
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 mailer 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 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 #B2300182 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
General Requirements: Successful bidders 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. Successful bidders 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
Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured
retention. County reserves the right to require Successful bidder 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 Successful bidder. The County in no way warrants that the minimum
limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of
the performance of the work under this Contract by the Successful bidder, its agents, representatives,
employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate
and/or prudent, maintain higher limits and/or broader coverages. The successful bidder 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 successful bidder 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 successful bidder stipulates that it has met the insurance requirements identified herein. The successful
bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and
services provided, the timely delivery of said services, and the coordination of all services rendered by the
successful bidder and shall. without additional compensation. promptly remedy and correct any errors..
omissions, or other deficiencies.
INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, 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
successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful
bidder 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 successful bidder 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 successful bidder 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 successful bidder 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
BID REQUEST #B2300182
Page 6
successful bidder 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 successful bidder 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 successful bidder'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
successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such
successful bidder or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability insurance for bodily injury, property damage, and liability assumed under an
insured contract, and defense costs, with the minimum limits must be 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
Automobile Liability: Successful bidder 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.
Successful bidders 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 Request for Bid.
Proof of Insurance: County reserves the right to require the successful bidder 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, Successful bidder's insurer shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against
County.
Subcontractors: All subcontractors, subcontractors, independent contractors, 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 Successful bidder. Successful bidder
shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as
insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful
bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, 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 #B2300182 Page 7
SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING:
SOUTHWEST SERVICE CENTER
PARKING LOT & SIDEWALK SNOW REMOVAL
This bid is for the snow removal from parking lots and the clearing of associated sidewalks at the
Southwest Service Center located at 4209 County Road 24 1/2, Firestone, CO 80504.
FULL REMOVAL SPECIFICATIONS
1. Snow shall be removed from parking lots and all adjacent/campus sidewalks each weekday
(Monday through Friday).
2. Snow must be removed before 7:00 AM each weekday of snowfall more than one inch in depth.
3. Snow is to be piled on the property at locations that do not interfere with traffic flow.
4. With each full removal, ice melt shall be spread on all sidewalk areas.
5. VVith each full removal, sand shall be spread on the parking lot areas.
6. Provide price below for FULL REMOVAL.
PARTIAL REMOVAL SPECIFICATIONS
1. If snow continues through the day, Contractor is expected to return to site and remove snow
greater than one inch in depth.
2. Contractor will coordinate arrival and departures with Building & Grounds representative.
3. Contractor will not perform partial removals past 5:00 PM each weekday. However, depending
on storm, Contractor may be called to remove snow to allow the Sherriffs office to be able to
access the lot.
4. Contractor shall remove snow from all campus sidewalks.
5. Contractor shall plow drive paths in parking lot.
6. Removal of snow between parked cars is not required.
7. Snow is to be piled on the property at locations that do not interfere with traffic flow.
8. With each partial removal, ice melt shall be spread on all sidewalk areas.
9. With each partial removal, sand shall be spread on the parking lot areas drive paths.
10 Provide price below for PARTIAL REMOVAL.
OTHER
1. This is a large job. Specify the type of equipment and quantities that will be used for your
operation to fulfill this scope of work for evaluation of capacity to perform.
2. The quoted price for FULL REMOVAL or PARTIAL REMOVAL will be for completing all of areas
at the same time.
3. Weld is posting several snow removal bids and reserves the right to award to different vendors so
one vendor is not providing all snow removal services where vendor capacity could be exceeded.
4. Bid will be for a one-year period with an optional renewal period up to three years (evaluated
annually). The initial contract dates are from October 15, 2023, through May 1, 2024.
5. In addition, provide escalation percentage based on each subsequent year.
BID REQUEST #B2300182 Page 8
PRICING
Provide pricing in spaces below for full removal and partial removal. In addition, provide the annual
escalation rate for each subsequent year.
FULL REMOVAL $
PARTIAL REMOVAL $
ANNUAL ESCALATION
0/0
BID REQUEST #B2300182 Page 9
BID SUBMITTAL INSTRUCTIONS:
The following items must be completed and submitted with your bid on or before the bid opening
deadline of 1:00 PM on September 20, 2023:
1) Pages 8 thru 11 of the Bid Specifications and/or Scope of Work.
2) W9, if applicable.*
3) Any future Addenda must be completed.
4) All other items as requested in the Bid Specifications and/or 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 #B2300182 Page 10
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 for Request No. #B2300182.
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
BUSINESS
ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE NO
PRINTED NAME AND TITLE
SIGNATURE
E-MAIL
FAX TAX ID #
DATE
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 - 7.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk 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
GS0323
BID REQUEST #B2300182 Page 11
Southwest Service Center Parking Lot & Sidewalk Snow Removal— B2300182
Questions and answers
9/12/2023
1. Question: During the pre -bid meeting, there was discussion on sanding the parking lots. Is
sanding the parking lots required?
ANSWER: Yes. Sanding of the parking lots is required. Please refer to bid specifications page 8,
item 5 under Full Removal Specifications and item 9 under Partial Removal Specifications.
Exhibit B
SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING:
SOUTHWEST SERVICE CENTER
PARKING LOT & SIDEWALK SNOW REMOVAL
This bid is for the snow removal from parking lots and the clearing of associated sidewalks at the
Southwest Service Center located at 4209 County Road 24 1/2, Firestone, CO 80504,
FULL REMOVAL SPECIFICATIONS
1 Snow shall be removed from parking lots and all adjacent/campus sidewalks each weekday
(Monday through Friday)
2. Snow must be removed before 7 00 AM each weekday of snowfall more than one inch in depth.
3 Snow is to be piled on the property at locations that do not interfere with traffic flow
4 With each full removal, ice melt shall be spread on all sidewalk areas
5 With each full removal, sand shall be spread on the parking lot areas.
6 Provide price below for FULL REMOVAL.
PARTIAL REMOVAL SPECIFICATIONS
1 If snow continues through the day, Contractor is expected to return to site and remove snow
greater than one inch in depth
2. Contractor will coordinate arrival and departures with Building & Grounds representative
3. Contractor will not perform partial removals past 5.00 PM each weekday However, depending
on storm, Contractor may be called to remove snow to allow the Sherrift's office to be able to
access the lot
4 Contractor shall remove snow from all campus sidewalks
5 Contractor shall plow drive paths in parking lot
6. Removal of snow between parked cars is not required.
7. Snow is to be piled on the property at locations that do not interfere with traffic flow
8 With each partial removal, ice melt shall be spread on all sidewalk areas
9 With each partial removal, sand shall be spread on the parking lot areas drive paths
10 Provide price below for PARTIAL REMOVAL.
OTHER
1 This is a large job. Specify the type of equipment and quantities that will be used for your
operation to fulfill this scope of work for evaluation of capacity to perform
2 The quoted price for FULL REMOVAL or PARTIAL REMOVAL will be for completing all of areas
at the same time.
3 Weld is posting several snow removal bids and reserves the right to award to different vendors so
one vendor is not providing all snow removal services where vendor capacity could be exceeded
4 Bid will be for a one-year period with an optional renewal period up to three years (evaluated
annually) The initial contract dates are from October 15, 2023, through May 1, 2024
5 In addition, provide escalation percentage based on each subsequent year.
BID REQUEST #82300982
Page a
PRICING
Provide pricing in spaces below for full removal and partial removal In addition, provide the annual
escalation rate for each subsequent year,
FULL REMOVAL
PARTIAL REMOVAL $ f20(/ 72
ANNUAL ESCALATION
fv
BID REQUEST #6230016'2 Page 9
BID SUBMITTAL INSTRUCTIONS:
The following items must be completed and submitted with your bid on or tiefor®'the bid'openitis�
deadline! of f:Q0 PBI on Septei ibei20 2023:
1) Pages 8 thru 11 of the Bid Specifications and/or Scope of Work
2) W9, if applicable *
3) Any future Addenda must be completed
4) All other items as requested in the Bid Specifications and/or 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
FaUiire to'inciude ony of the;above items upon submittal:of;your4bLd may�result in your bir! being
i f complete�an'd your bid4beingarejected. If there areanyegj ision8 orwith
y�uPtiiiF:f4�a'tieg►�ti®'disaivaoifieal.
SID REQUEST #8230'0182 Page 10
DATE
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 for Request No #B23001,82,
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 'd u'`'` A cps
ADDRESS 8 \ v)t-
CITY, STATE, ZIP CODE ��1 oii-+- Q.0 1
TELEPHONE NO J-�-1.Lf -1 t FAX TAX ID # Z- - 5 414 2311-3
PRINTED NAME AND TITLES -x L ,C( e-tOR. .X
SIGNATURE -,--___
MAI31-2J�e6caSLODADILCI-Yld.9CQ_pe. Win i( 4-i1 _LYL+a0 CCOrct- v
1L'i,'`''' 2bZ u. .1 lanciscti
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98.03551-0000 YOU DO NOi' NEED TO SEND BACK PAGES 1 - 7.
ATTEST
Weld County Clerk to the Board WELD COUNTY, COLORADO
BOARD OF COUNTY COMMISSIONERS
BY
Deputy Clerk to the Board Mike Freeman, Chair
APPROVED AS TO SUBSTANCE
Elected Official or Department Head
Controller
GS0323
BID REQUEST #82300182 Page 11
ACCORD
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMSIorrerri
121,5!2022
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 INSURERIS), AUTHORIZED REPRESENTATIVE OR
PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: It the certificate holder is an ADDITIONAL INSURED, the policy.. must have ADDITIONAL INSURED provisions or be endorsed, It
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, .
PRODUCER
FEDERATED MUTUAL INSURANCE COMPANY
HOME OFFICE: P.O. BOX 328
OWATONNA, MN 55060
CONTACT
NAME: CLIENT CONTACT CENTER
rtzto, EMI: 888-333-4949 11a/c, Not: 5071446-4664
%Cass: s: CUENTCONTACTCENTEROFEDINS.COM
INSURER,. AFFORDING COVERAGE
NAIL 8
INSURER A: FEDERATED MUTUAL INSURANCE COMPANY
13935
INSURED 171-430-2
S. J. WARD LANDSCAPES, LLC
335 1ST AVE p6
LONGMONT, CO 80501-5958
INSURER a: FEDERATED RESERVE INSURANCE COMPANY
16024
INSURER C:
INSURER D:
INSURER E:
INSURER F:
COVERAGES
CERTIFICATE NUMBER: 81
REVISION NUMBER: 0
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
INS. TYPE Of INSURANCE
L7R,T
I SUBR
1NSR W1tD
POLICY NUMBER
POLICY EFF
lMM(DDlXYYY!
POLICY EXP
IMM/ODIriYY1
LIMITS
X
B
,,,,,,,,-41
).1
COMMERCIAL GENERAL UABIUTY
I CLAMS -MADE ❑X occuR
N N
9186858
12/20/2022
1
12/20/2023
EACH OCCURRENCE
$1,000,000
DAMAAE TO RENTED
PREM14E9 !Ea o[arcdnse7
$100,000
MED EXP IMy one person!
$5,000
PERSONAL a AO/ INJURY
GENERAL AGGREGATE
$1,000,000
$2,000,000
AGGREGATE LIMIT APPLIES PER:
POLICY L.1jECT LOC
OTHER:
PRODUCTS • COMFKOP AGO
$2,000,000
AUTOMOBILE
X
8 ..__
LIABILITY
ANY AUTO
OWNED AUTOS ONLY
HIRED AUTOS ONLY
_
SCHEDULED
_ AUTOS
NON-0WNEo
_ AUTOS ONLY
N N
9186658
12/20/2022
12/20/2023
COMBINED SINGLE LIMIT
$1,000,000
BODILY INJURY
6001LY NJURY (Per person)
BODILY INJURY (Per accidenq
PROPERTY DAMAGE
IPer ettldentl
X
A
UMBRELLA UAB
EXCESS LIAR
DED RETENTION
X OCCUR
CLAIMS -MADE
N N
9186659
12/20/2022
12/20/2023
EACH OCCURRENCE
$3,000,000
AGGREGATE
$3,000,000
WORKERS COMPENSATION
AND EMPLYERS' LABI
ANY PROPRIETONIPARTNERIEXECUTIVELITY Y /
A OFFI L=IMBER EXCLUDED?
IMendelary In NHI
H yes, de TION* undx
DESCRIPTION OF OPERATIONS below
N t A N
1811991
03/01/2022
03/01/2023
OTN
X IPER 9TATUTEI ( ER
E.L. EACH ACCIDENT
, ,E -------
E.l. DISEASE EA EMPLOYEE
$1,000,000
$1,000,000
E.L DISEASE - POLICY LIMIT
$1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (*CORD tot Additional Rem... Smedule, may be MU... if more speee H required)
CERTIFICATE HOLDER
CANCELLATION
171-430-2 61 0
WELD COUNTY BUILDING DEPARTMENT
1105 H ST
GREELEY, CO 80631
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE G
*CORD 25 12016/03)
1988-2015 *CORD CORPORATION. All rights reserved.
The ACORO name and logo are registered marks of *CORD
Contract For
Entity Information
Entity Name *
Si WARD LANDSCAPES
Entity ID*
@00040251
New Entity?
Contract Name" Contract ID
SOUTH WEST SERVICE CENTER SNOW REMOVAL 7435
Contract Status
CTB REVIEW
Contract Lead *
SGEESAMAN
Contract Lead Email
sgeesaman@co.weld.co.0
s;Iredfern@weldgov.com
Contract Description *
SNOW REMOVAL FOR THE SOUTHWEST SERVICE CENTER/ 10% ANNUAL ESCALATION
FULL REMOVAL -$1,612.98
PARTIAL REMOVAL -$1,209.73
Contract Description 2
Contract Type
CONTRACT
Amount*
$1,612.98
Renewable*
YES
Automatic Renewal
Grant
IGA
Parent Contract ID
Requires Board Approval
YES
Department Project #
Department Requested BOCC Agenda Due Date
BUILDINGS AND Date* 09/30/2023
GROUNDS 10/04/2023
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 #*
B2300182
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*
09/02/2024
Renewal Date*
10/01/2024
Committed Delivery Date Expiration Date
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
CHERYL PATTELLI 09/28/2023
Approval Process
Department Head Finance Approver Legal Counsel
TOBY TAYLOR CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
09/28/2023 09/28/2023 09/28/2023
Final Approval
BOCC Approved Tyler Ref #
AG 100423
BOCC Signed Date Originator
SGEESAMAN
BOCC Agenda Date
10/04/2023
Hello