HomeMy WebLinkAbout20250585.tiffResolution
Approve Three (3) Party Tender Agreement and Full Release Between Surety
Company and Obligee for Law Administration Elevator Modernization Project, and
Authorize Chair to Sign — DZMod Lift Company and Capitol Indemnity Corporation
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, on the 26th day of June, 2023, the Board of County Commissioners of
Weld County, Colorado, approved Bid #B2300120, awarding Peak Elevator, LLC, the
Law Administration Building Elevator Modernization Project, for the total amount of
$209,175.00, and
Whereas, pursuant to said approved bid, the Board approved ,the Agreement for
Construction Services to perform said project, and
Whereas, the Weld County Facilities Department determined DZMod Lift Company had
abandoned the project and defaulted the terms and conditions of said agreement,
requiring the pursuit of Performance and Labor and Materials Bonds, collectively
identified as #CIC1939689, provided by Capitol Indemnity Corporation, and
Whereas, Capitol Indemnity Corporation, subcontracted DZMod Lift Company to facilitate
completion of said project, and
Whereas, the Board has been presented with a Three (3) Party Tender Agreement and
Full Release Between the Surety Company and Obligee for the Law Administration
Elevator Modernization Project, regarding Performance and Labor and Materials Bonds,
collectively identified as #CIC1939689, among the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the
Facilities Department, DZMod Lift Company, and Capitol Indemnity Corporation,
commencing upon full execution of signatures, with further terms and conditions being as
stated in said agreement, and
Whereas, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Three (3) Party Tender Agreement and Full Release Between the
Surety Company and Obligee for the Law Administration Elevator Modernization Project,
regarding Performance and Labor and Materials Bonds, collectively identified
as #CIC1939689, among the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Facilities Department,
DZMod Lift Company, and Capitol Indemnity Corporation, be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
cc•.t G(Po/cw), cA (T3 /14 IA)
o3t3I /25
2025-0585
BG0027
Three (3) Party Tender Agreement and Full Release Between Surety Company and
Obligee for Law Administration Elevator Modernization Project — DZMod Lift Company
and Capitol Indemnity Corporation
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 3rd day of March, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Excused
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Excused
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0585
BG0027
THREE PARTY TENDER AGREEMENT AND
FULL RELEASE AS BETWEEN THE SURETY AND OBLIGEE
Surety: Capitol Indemnity Corporation
Principal: Peak Elevator, LLC
Obligee: Weld County
Completion Contractor: Dzmod Lift Co.
Project: Law Administration Elevator Modernization Project, Contract
ID #7166
Performance Bond No.: CIC1939689
This Three Party Tender Agreement and Full Release as Between the Surety and Obligee (the
"Agreement") is made this 5th day of February 2025, between and among Weld County, State of
Colorado (hereinafter "Obligee")
AND
Capitol Indemnity Corporation, a corporation of the State of Wisconsin (hereinafter the "Surety"
or "CAPITOL"),
AND
Dzmod Lift Co., a Colorado Limited Liability Company (hereinafter "Completion Contractor").
Obligee, CAPITOL, and Completion Contractor shall be referred to collectively as "Parties and
individually as a "Party".
RECITALS
WHEREAS, on or about July 17, 2023, Obligee, as Owner, awarded a contract to Peak
Elevator, LLC ("Principal"), as contractor, a contract for Law Administration Elevator
Modernization Project, Contract ID #7166, the "Original Contract", as hereinafter defined,
for the performance of certain work on a construction project known more commonly as Law
Administration Elevator Modernization Project, Contract ID #7166 (the "Project"); and
WHEREAS, Principal's scope of work on the Project is more particularly set out in the attached
Exhibit "A" (the "Original Contract") which is fully incorporated herein by reference; and
1 2025-0585
3/3 5 G1001
WHEREAS, in connection with the Original Contract, CAPITOL, as surety, issued separate
Performance and Labor and Material Payment Bonds, each bearing bond number CIC1939689 in
the penal sum of $209,175.00 (collectively, the "Bonds"), on behalf of Principal, as principal, and
in favor of Obligee, as obligee; and
WHEREAS, the Principal has defaulted and abandoned its work on the Project; and
WHEREAS, the Obligee terminated Principal for and the Obligee has made a demand against
CAPITOL under the Performance Bond; and
WHEREAS, in an effort to mitigate damages by expediting the progress and completion of
Principal's obligations under the Original Contract, CAPITOL solicited pricing for the completion
of the Principal's work on the Project;
WHEREAS, CAPITOL has obtained and reviewed a proposal for the completion of the work
from the Completion Contractor, a copy of which is attached hereto as Exhibit "B" and is fully
incorporated herein by reference (the "Completion Proposal");
WHEREAS, Completion Contractor has agreed to complete the scope of work pursuant to its
proposed schedule which is including within Exhibit "B" and is fully incorporated herein by
reference (the "Completion Schedule"); and
WHEREAS, Completion Contractor has agreed to complete the scope of work as set forth
herein according to the terms and conditions of the Original Contract, for consideration in the
amount of ONE HUNDRED THIRTEEN THOUSAND FOUR HUNDRED DOLLARS AND
00/100 CENTS ($113,400.00), exclusive of alternatives, and to post Payment and Performance
bonds naming Weld County as obligee in an equal amount for completion of the scope of work
as set forth herein; and
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WHEREAS, the Surety desires to tender the services of Completion Contractor to Obligee in
full settlement and satisfaction of any and all obligations under its Performance Bond, subject to
the terms of this Agreement; and
WHEREAS, the parties wish to clarify their rights and responsibilities pursuant to the
performance of the completion work as set forth herein in accordance with the terms and conditions
of the Original Contract.
AGREEMENT
NOW THEREFORE, in consideration of the promises, and other good and valuable
consideration, and the mutual covenants set forth herein, the receipt and sufficiency of which are
hereby acknowledged, the Parties hereto agree as follows:
1. Recitals. The above Recitals are incorporated herein by reference, are material and
contractual in nature, and shall not be deemed to be merely recitals.
2. Terms and Conditions. All of the terms and conditions of the Original Contract shall remain
in full force and effect, except as modified by this Agreement.
3. Contract Documents. This Agreement consists of the terms and provisions contained
herein, including but not limited to the following:
a) The Original Contract, including all General, Supplementary and Special Conditions,
drawings, specifications, forms, addenda and documents forming a part of the Original
Contract, and any modifications to the Original Contract, all of which are incorporated
herein by reference and which are referred to herein collectively as the "Original
Contract", attached hereto as Exhibit "A"; and
b) The Completion Proposal from Completion Contractor, attached hereto as Exhibit "B";
and
c) The Completion Proposal Completion Schedule, included in Exhibit "B"; and
3
d) All documents or specific portions of documents which may be referred to herein or in
any Exhibits attached hereto and incorporated herein by reference, thereby making them
a part hereof.
(Collectively referred to hereinafter as the "Contract Documents").
4. Full Investigation. The Completion Contractor agrees that it has reviewed the Project
in detail and has fully investigated and is fully informed as to the status and conditions affecting
the work to be done, and the scope of work remaining to be completed, and that no representations
in reference thereto have been made to Completion Contractor by CAPITOL or the Obligee or any
of their respective representatives. CAPITOL and Obligee make no warranties or representations,
express or implied, to Completion Contractor with respect to the Contract Documents.
5. Contract Accounting. The original Contract price was for $209,175.00. Obligee
subsequently issued approved Change Orders in the total amount of ($29,000.00), resulting in a
revised Contract price of $180,175.00. Obligee has made payments in the amount of $99,358.12
to Principal (or to Principal and its vendors by joint checks) under the Original Contract.
Accordingly, there remains an unpaid balance and/or amounts remaining available for use under
this Agreement in the amount of $80,816.88 ("Final Agreement Proceeds").
6. Availability of Final Agreement Proceeds for Completion. The Parties agree that the Final
Agreement Proceeds are allocated for completion of Principal's scope of work and shall be
preserved and dedicated solely and exclusively for use in completion of Principal's scope of work,
and for no other purpose. The Parties agree that the Final Agreement Proceeds shall not be reduced
by any claims arising prior to the execution of this Agreement not specifically addressed herein,
including but not limited to claims for liquidated and/or delay damages arising from the work
performed by Peak Elevator, LLC and/or between the date of the Peak Elevator, LLC's default
through the execution of this Agreement.
7. Tender of Completion Contractor. (a) With the execution of this Agreement, Surety hereby
tenders the Completion Contractor to Obligee to complete the full and complete remaining scope
of work as set forth in the Original Contract, Completion Proposal, Contract Documents and this
4
Agreement, for a total amount of ONE HUNDRED THIRTEEN THOUSAND FOUR
HUNDRED DOLLARS AND 00/100 CENTS ($113,400.00) ("Completion Cost"). All work by
Completion Contractor is to be performed in accordance with the terms and specifications of the
Original Contract previously incorporated herein and attached hereto as Exhibit "A".
(b) Within ten (10) days of the final approval and execution of this Agreement, Surety shall pay to
Obligee the sum of THIRTY TWO THOUSAND, FIVE HUNDRED EIGHTY-THREE
DOLLARS AND 12/100 CENTS ($32,583.12).
(c) Completion Contractor agrees to complete, as change order work under the Original Contract,
such additional work as requested by Obligee in accordance with the terms of the Original
Contract. Payment shall be made to Completion Contractor by Obligee in accordance with the
terms and conditions of the Original Contract. The parties agree that Surety shall have no
responsibility for payment to Completion Contractor and that Completion Contractor will look
solely and exclusively to Obligee for payment of any and all amounts due hereunder.
8. Release. Upon Obligee's receipt of the payment as set forth under paragraph 7
above and in consideration of the Parties' performance as specified herein, Obligee acknowledges
and accepts Surety has fulfilled and fully discharged its obligations under the Performance Bond
CIC 1939689, and that CAPITOL is fully released from further obligations under that Performance
Bond.
9. The Surety's Continuing Obligations Under Original Contract Payment Bond. Nothing
herein shall alter or affect CAPITOL's payment obligations to third party claimants, if any, under
the Payment Bond issued on behalf of Principal in connection with the Project, provided however
that the Payment Bond shall not apply to or cover the Completion Contractor or any of its sub-
subcontractor(s) and suppliers for any work performed and/or materials delivered in connection
with the work performed by the Completion Contractor, or for any other purpose. Notwithstanding
anything to the contrary, Obligee may not make a claim against the Payment Bond.
5
10. Reservation of Rights as Between the Surety and Principal. This Agreement shall in no
way alter, affect, impair or prejudice any rights, claims, causes of action or defenses between
CAPITOL and Principal and/or its individual indemnitors relating to the Original Contract, Bonds,
or any other agreements between such parties, regardless of whether such claims arise under
contract, statute or at common law.
11. No Admission of Liability. This Agreement does not constitute an admission of liability
on the part of any of the Parties.
12. Assignment. Obligee hereby assigns and transfers to CAPITOL and subrogates to
CAPITOL, all claims, demands, causes of action and rights which Obligee has, had, or may ever
have against Principal arising out of or evidenced by the Original Contract.
13. Credits for Payments Made. The parties acknowledge that the Surety's covenants and its
obligations of performance under this Agreement are made to address Obligee's demand under the
Performance Bond and that all payments by Surety for administration, labor or material or for
performance of the Original Contract are in performance of Surety's obligations under the
Performance Bond and are to be credited against the penal sum of the Performance Bond.
14. No Payment by Obligee Without Surety's Consent. Obligee further agrees that it will not
acknowledge or honor any claims or charges against the unpaid contract funds by any creditors or
transferees of Principal or any other parties making claim to any such proceeds or balances without
the prior written consent of CAPITOL or by order of a court of competent jurisdiction after due
notice to CAPITOL. It shall be implied that, upon full execution of this Agreement by the parties,
CAPITOL consents to payment of Completion Contractor by the Obligee in accordance with the
terms of the Original Contract.
15. No Waiver of Penal Amount. Obligee hereby confirms and agrees that Capitol's total
liability and obligation under the Original Contract, the Subcontract Performance Bond and the
Subcontract Payment Bond. This Agreement shall not extend he Penal Sum of the Bonds. Neither
6
this Agreement nor any other Capitol act constitutes a waiver of such Penal Sum or an increase in
the liability of Capitol under the Subcontract Performance Bond or the Subcontract Payment Bond.
16. This Agreement Controls. In case of conflict between the provisions of this Agreement and
the provisions of the Original Contract, Subcontract Performance Bond, and the Subcontract
Payment Bond, this Agreement shall control.
17. Binding Agreement. This Agreement shall only extend to and be binding upon the Parties
hereto and their respective successors and assigns. Nothing contained in this Agreement shall
create any third -party beneficiaries under the Performance Bond, nor confer any benefit or
enforceable rights under this Agreement other than to the Parties hereto and their respective
successors, assigns, and reinsurers.
18. Administration. Obligee will administer Completion Contractor, any subcontractors and
others that may be designated by Completion Contractor to complete portions of the work on the
same basis and to the same extent as Obligee was required by the Original Contract to administer
the Original Contract with Principal.
19. No Modification Except in Writing. This Agreement may not be modified unless in writing
and executed by the Parties hereto. No waiver of any provisions of this Agreement shall be valid
unless in writing and signed by the Party against whom it is sought to be enforced.
20. Interpretation of Agreement. The provisions of this Agreement shall be applied and
interpreted in a manner consistent with each other so as to carry out the purposes and intent of the
Parties, but, if for any reason any provision is unenforceable or invalid, such provision shall be
deemed severed from this Agreement and the remaining provisions shall be carried out with the
same force and effect as if the severed portion had not been a part of this Agreement.
21. Incorporation of All Prior Negotiations. This Agreement incorporates, includes, and
supersedes all prior negotiations, correspondence, conversations, agreements or understandings
applicable to the matters contained herein; and the Parties agree that there are no commitments,
7
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this Agreement. Accordingly, the Parties agree that no deviations from the terms
hereof shall be predicated upon any prior representations or agreements, whether oral or written.
22. Acknowledgment of Release of Rights. The Parties acknowledge and agree that they are
releasing certain rights and assuming certain duties and obligations which, but for this Agreement,
would not have been released or assumed. Accordingly, the Parties agree that this Agreement is
fair and reasonable, that each of them has had an opportunity and have in fact consulted with such
experts of their choice as they may have desired, and that they have had the opportunity and have
in fact discussed this matter with counsel of their choice.
23. Advice of Counsel. The Parties acknowledge that they have sought and received whatever
competent advice and counsel as was necessary for them to form a full and complete understanding
of all rights and obligations herein and that the preparation of this Agreement has been their joint
effort. The language agreed to expresses their mutual intent and the resulting document shall not,
solely as a matter of judicial construction, be construed more severely against one of the Parties
than the other.
24. Obligations of Further Execution. The Parties agree to execute all such further instruments,
and to take all such further actions as may be reasonably required by any Party to fully effectuate
the terms and provisions of this Agreement and the transactions contemplated herein.
25. Jurisdiction and Venue. In the event that it is necessary for any of the Parties to seek
enforcement of this Agreement, the Parties agree that the Agreement will be interpreted and
construed in accordance with and governed by the laws of the State of Colorado. The parties
further agree that, any litigation arising under this Agreement will be brought in venues exclusively
in the State of Colorado, consent to the personal jurisdiction of these courts, and waive any
objection that such venue is inconvenient or improper.
26. Notices. Any notices required hereunder shall be in writing and shall be (as elected by the
person giving the notice): (i) delivered by messenger or national overnight courier service; (ii)
8
mailed by first-class, postage prepaid, registered or certified mail; or (iii) sent by facsimile or
electronic mail to the following addresses (or such other address as may be provided from time to
time in writing):
To CAPITOL:
Capitol Indemnity Corporation
Attention: Ron Wills, Esq
1600 Aspen Commons, Suite 300
Middleton WI 53562
608-829-6916
rwills@CapSpecialty.com
To OBLIGEE:
Weld County Facilities Department
Attention: Curtis Naibauer, Deputy Director
1105H Street
P.O. Box 758
Greeley, CO 80632
970-400-2027
cnaibauer@weldgov.com
To COMPLETION CONTRACTOR:
Dzmod Lift Co.
Attention: Deon Young, CEO
5978 Elk Song Trail
Golden, CO 80403
855-888-8624
deonyoung@dzmod.com
Notice shall be deemed delivered and received: (i) on the date delivered if by personal delivery;
(ii) if by facsimile or email, on the date of transmission (if a business day) or the next business
day, if otherwise, or (iii) on the date upon which the return receipt is signed or delivery is refused
or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed.
27. Closing Obligations. This Agreement shall be effective upon signature by all Parties and
each party has received a fully executed original or counterpart of this Agreement. Upon execution
Completion Contractor shall within 10 days of execution provide all parties a current Certificate
9
of Insurance with all requisite coverage and limits as required by the Original Contract naming
Obligee and Surety as additional insureds. Completion Contractor shall, within 10 days of
execution deliver to the Obligee the originals of the payment and performance bonds in the form
attached hereto as Exhibit "C" from a duly licensed and qualified surety satisfactory to Obligee
pertaining to the completion work, each in the amount of $113,400.00 naming Completion
Contractor, as principal, and Weld County as Obligee. Failure of Completion Contractor to
provide the required insurance and performance and payment bonds within ten (10) business days
after the effective date of this Agreement shall be a material breach of this Agreement by
Completion Contractor and Completion Contractor shall be responsible for any and all costs and
damages incurred by the Surety and/or the Obligee as a result thereof.
28. Execution in Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original document. A counterpart of this Agreement transmitted
by a Party hereto to the other Parties by facsimile transmission or by e-mail and bearing the
signature of such party shall be deemed an original hereof and may be relied upon by the recipient
as duly executed and effective notwithstanding the fact that the recipient did not receive an original
copy of the transmitter's signature.
IN WITNESS WHEREOF, the Parties hereto have affixed their hands and seals to this
Agreement the day and year first set forth above, and the individuals who execute this Agreement
personally represent and warrant that they have full authority to execute this Agreement on behalf
of the respective Parties.
[END OF DOCUMENT — SIGNATURE PAGES TO FOLLOW]
10
WELD COUNTY, STATE OF COLORADO
By:
Perry L. uck
Title: Chair, Board of Weld County
Commissioners MAR 0 3 2025
Date:
Attest: Widt4,841 W ',ego; /' N
Esther E. Gesick, Clerk to the B.
I
By: naI/ �� a t
Deputy Cler to the Board 1 1 r
•,
11
each of which shall be deemed an original document. A counterpart of this Agreement
transmitted by a Party hereto to the other Parties by facsimile transmission or by e-mail and
bearing the signature of such party shall be deemed an original hereof and may be relied upon by
the recipient as duly executed and effective notwithstanding the fact that the recipient did not
receive an original copy of the transmitter's signature.
IN WITNESS WHEREOF, the Parties hereto have affixed their hands and seals to this
Agreement the day and year first set forth above. and the indirtduala who execute this
Agreement personally represent and warrant that they have full authority to execute this
Agreement on behalf of the respective Pattie.
(END OF DOCUMENT — SIGNATURE PAGES TO FOLLOW] ,
WELD COUNTY, STATE OF COLORADO
By: see previous page fn, signature
Title:
Date:
STATE OF COLORADO
COUNTY OF WELD
(Sr this day of February, 2025, before me personally appeared
, who is ( ] personally known to me or h.( 1 produced
as identification and who has stated that he/she is the
of Weld County, State of Colorado (OBLIGEE), named
in the foregoing AGREEMENT, that he/she executed the foregoing instrument on behalf of the
Corporation with full authority to do so from the Board of Directors of the Corporation, and that
he/she executed the foregoing instrument on behalf of the Corporation for the uses and purposes
set forth therein.
Notary Public
CAPITOL INDEMNITY
CORPORATION
Surety
Tide:
Cotmsel
Claims
Date:
STATE OF GEORGIA
COUNTY OE/1 Ulh 4 tT
, Maw
Ott this''7day of -February, 2025, before me personally appeared Ron Wills, who is
personally brown to me or has t ] produced
as
identification and who has stated that he/she is Surety Claims Counsel of CAPITOL
INDEMNITY CORPORATION, named in the foregoing AGREEMENT, that he/she executed
the foregoing instftunent on behalf of the Corporation with full authority to do so from the Board
of Directors of the Corporation, and that he/she executed the foregoing instrument on behalf of
the Garp<im for t • and purposes set forth therein.
Dented
Ce.
�as
Date:
STATE OF COLORADO
Lift
COUNTY OE-leek/Soo
this day of 4.tdifettry, 2025, before rite perso y appeared
ber 7 who is [ ] personally known to me or has [educed g___
rl 4,infiaie as identification and echo has stated that he/she is the
�i41G of Dzmad Lift Co, named in the foregoing
AGREEMENT, that he/she executed the foregoing instrument on behalf of the Corporation with
full authority to do so from the Board of Directors of the Corporation, and that he/she executed
the foregoing instrument on behalf of the Corporation for the uses and purposes set forth therein.
10NATHAN ROBOT BEtitodti
i' NOTARY Punuc - sum OF COLORADO
NOTARY ID 20144043007
MY COMMISSION E%PlRES HOY 20, 2010
2
Corrvac+ It*k -Nut()
AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY & PEAK ELEVATOR LLC
LAW ADMINISTRATION ELEVATOR MODERNIZATION PROJECT
THIS AGREEMENT is made and entered into this may of , 2023, by
and between the Board of Weld County Commissioners, on behalf of the Facilit s Department,
hereinafter referred to as "County," and Peak Elevator LLC 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
terns 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:
I. 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.
B2300120.
ad___JjkiLa 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.
Conse.nt R5e.r,eka,
7/11/23
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EXHIBIT
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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 Oeder.
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
5289,175.00, 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 shalt 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 alt 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 famished 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
(I) 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 ordmary 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 -her contractors in the Project
4) 1 he 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 floodplatn 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 assignor transfer its rights hereunder without such prior approval by County shall,
at the option of County, automatically terminate this Agreement and aIl 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: Dan Abbate
Position Sales Executive
Address 5405 W 56`h Ave Suite E
Address Arvada, CO 80002
E-mail don abbale c peakelevator coin
Phone 720-910-8966
County.
Name Toby Taylor
Position Facilities Director
Address 1105 H Street
Address Greeley, CO. 80632
E-mail navlorc v4eldvor corn
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.Ii.S. §§24-1S-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 foi actual and
consequential damages
Except where exempted by federal law and except as provided in CRS § 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 s 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 CRS §8-17-107 and 2 C FR §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-
Peak Elevator LLC
•
By.
Name t)�n,f1 AI ro
Title cie
C
WELD COUNTY
ATTEST ddzAmjjC. a4
6J7//o/Z3
Date of Signature
BOARD OF COUNTY COMMISSIONERS
Weld C Clerk to and WELD �C(OUNTY, COLORADO
Exhibit A
REQUEST FOR BID
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80831
DATE: MAY 9, 2023
BID NUMBER: 02300120
DESCRIPTION. LAW ADMINISTRATION ELEVATOR MODERNIZATION
DEPARTMENT' FACILITIES
MANDATORY PRE -BID: MAY 23, 2023
BID OPENING DATE. JUNE 6, 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
LAW ADMINISTRATION ELEVATOR MODERNIZATION
A mandatory ore-bld conference will be held on May 23. 2023 at 1:00 PR) at the Weld County Law
Administration Building located at 1950 O 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 June 6. 2023 at 10:00 AM (Weld County Purchasing Time Clock) The
submitted bids will be read over a Microsoft Teams Conference Call on June 6, 2023 at 10:30 AM. To tom.
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 Administration Building, Fort St. Wain Meeting Room, 1150 O Street,
Greeley, CO 80631
Phone number. 720-139-5261 Phone Conference ID. 313 517 5220
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.
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 pnce which the bidder will expect Weld County to pay if awarded the
bid
You can find information concerning this request on the BidNet Direct websde at
httpxflwww bdnetdirect cone/ 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 enbhes post
their bids, quotes, proposals, addendums, and awards on this one centralized system
Hjd Delivery to Weld County
A. Smelled bids are required. PREFERRED email bids to bldsiftweldgov.com, however, if your
bids exceeds 25MB please upload your bid to httos //www.bidnetdirect coin 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 '1 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
one of the members of the partnership or by an authorized representative, followed by the signature and btle
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 din the matter The name of each person signing shall also be typed or
pnnted below the signature A bid by a person who affixes to his signature the word "president," "secretary,"
"agent," or other title without disclosing his pnncipal, 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 attomey 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 pnces 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 pnor to the time indicated in Section 1,
entitled, "Notice to Bidders " Bids received pnor 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 nght for the withdrawal of the bid after d
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' nsk
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 pnce 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, pnnting,
ldhographmg 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 appropnated, 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 992300120
Page 2
B Trade Secrets and other Confidential Informatlort: 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 a) documents The bidder is responsible for ensunng 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 Confdenhal 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 fords ads and those
of its agents and employees for all acts pe fomled 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 m the
amounts required by taw, 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 lawns, rules and regulabons in effector hereafter established, including without limitation, laws applicable
to discnminabon 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 sinctly reserved to the undersigned parties and nothing in the contract shall give or allow any claim
or nght 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 Gable to or responsible for
the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder
BID REQUEST #82300120 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
matenals 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
matenal breach of the terms of the Agreement
M Extension or Modification. Any amendments or modifications to this agreement shall be in wnting
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 nght in its reasonable
discretion to approve all personnel assigned to the subject Project dunng 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 fodder 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
al services will conform to applicable specrfications
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 #82300120 Page 4
County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year
penod 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
Detailed equipment specifications to include the warranty
2 Descnptrve 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 nghts of the successful bidder hereunder Such
consent may be granted or denied at the sole and absolute discretion of County
O Interruptions. Neither party to this Agreement shall be liable to the other for delays m 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 maser 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 Dunng the term of this Agreement, the
successful bidder shall not engage in any m 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 shat 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 junsdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the anginal 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 contractor incorporated herein by reference shall
be null and void
✓ 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 #82900120 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 bit 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 Indemntfication Contract Professionals must secure, at or before the time of execution
of any agreement or commencement of any work, the following insurance covenng 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 provisional. endorsement
stating "Should any of the ab ove-descnbed 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
pnor. If any policy ism excess of a deductible or self -insured retention, County must be notified by the
Contract Professional Contract Professional shall ho 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 lands 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, sults, actions, or willful acts or
omissions of Contract Professional, or claims of any type or character ansing 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 ansing 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 intunes 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 ansing 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 ansing from the work performed by the Contract Professional
BID REQUEST #02300120 Page 8
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 dung 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 appropnate 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,
$1,000,000 general aggregate,
$1,000,000 Personal Advertising injury
Automobile Liability: Contract Professional shall maintain limas 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 Imitator 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 fora 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 dunng 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 Counts Risk Administrator in his sole
discretion
Additional insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor lability,
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 nghts
against County
Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other
entities providing goods or services required by this Agreement shalt be subject to all of the requirements
herein and shall procure and maintain the same coverages required of Contract Professional Contract
BID REQUEST #62300120 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 #B2300120 Page 8
SCOPE OF WORK
Law Administration
Elevator Modernization
PROJECT OVFRVIEW
This project consists of a designibuild contract for the turn -key full modernization of the elevator
located at the Law Administration 1950 O Street Greeley Colorado 80631 The existing elevator is
registered with the State of Colorado Department of labor and Fmployment with the following
to formation
Description
State
Elevator
# Of
Registration ID
Drive/Type
Stops
Elevator
wan o02693
Hydraulic
2
METHOD OF PROCUREMENT
Request for Bid (RI -B, i, a procurcincnt method often ietcrred to as a sealed bid solicitation 1tihcn
issued the bid package is considered complete lot bidding puiposes Respimaiceness it the solicitation ,
terms and conditions arc required incomplete or non -responsive bids will be eliminated from
consideration Low pi ice is the key consideration by Weld County in awarding an RFB the contract
Project documents and specifications have been provided per the following attachment to this bid
PROJECT SCOPE:
The scope of this project is for the complete modernization of the above specified Law Administration
elevator This will include alt work as outlined in the documents provided
1 Contractor will be responsible foi procuring and executing all scopes of work as outlined and specified
in the projects contract documents that have been provided during this bid rsquest per the attachment
outlined above This will include but not limited to all associated labor materials, and equipment it is
the contractor's responsibility at the time of bid submission to ensure that all project specifications and
requirements have been included par the project documents provided
2 This scope of work will need to be coordinated with the Weld County facilities project manager to
obtain access and confirming hours of the location specified in Attachment B
ATTACHMENTS
I he attachments listed below will become part of this bid and are available on f3idNct
a Attachment A Weld County project documents
Attachment B Photos and Location
PROJECT SPECIFIC TERMS APID CONDITIONS:
I This is a desigtvbuild turn -key modernization Therefore all wort, required to be accomplished (i e
electrical_ mechanical elevator, architectural modifications, etc ) shall be included in the bid price and
construction/modernization schedule This shall include all additions alterations, and new work required
to ensure full modernization and code compliance is achieved
#1D REQUEST #92300120
Page 9
2 Contractor to provide a design that iv to be reviewed and approved by Weld County prior to elevator
material procurement 1 he design shall include a full modernization of the complete elevator system
3 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
4 The contractor will provide a full-time qualified representative on site while any work is being
performed
5 Contractor shall not commence work until all parts have arrived
6 Contractor is responsible for having an up-to-date list of employees accessing the building
7 This facility is operational Monday — Friday 700 am to 5 00 pm All work will be done during regular
hours
8 Any partitions and or containments that may be needed for the contractor to perform their scope,* work
will be the contractor's responsibility
9 The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been
properly stared 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 have to clean or move materials or
equipment that were not properly stored the contractor w Ill assume all associated costs
I0 Contractor will be responsible to provide any temporary lighting or power that may be needed to
complete the scope of work
I 1 Contractor to provide lahoi and material as required to tally modernize the existing elevator components
with one that is fully code compliant This modernization should be non-proprietary and should include
the maximum level tool(s) needed tbi future tmubleshooting of anomalies/components
l2 Replace the controller submersible power unit, cab door operator, clutch, double -bottom jack unit
(cylinder/piston/protective liner), pumping unit pick-up rollers, and interlocks
13 The following equipment should be retained hoist way entrances, doors pit equipment, rails, and
counterweights
14 Replace door hanger rollers
IS Machine Rooms bring access and rooms into compliance with current codes
16 Fire System interface/recall bring into compliance with elevator/fire codes (Smoke detectors, shunt
trip, etc as required by code) Contractor to include pricing for all fire alarm scopes of work to complete
elevator modernization
17 Upgraded signals personnel access and phone will comply with Americans with Disability Act and
OSHA
18 The interior of the car will be updated as necessary to bring into ADA compliance
19 Once work has commenced (e g elevator taken out at service) the contractor shall be allowed 6 weeks
to complete all work
20 Elevator speed must remain 100 feet per minute as a minimum
21 Room/pit heater must he replaced and be thermostatically controlled
22 Sump Pit must meet applicable codes and receive new pump and motor
23 Machine room/pit improvements must meet ventilation requirements
24 Include detailed scope of work included/excluded in bid
25 The completed work must be inspected and passed by a certified inspector who is currently licensed
with the Colorado Department of Labor and Employment Division of Oil and Public Safety to perform
inspections
PROJECT CLOSE OUT
1 Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals
2 Contractor will provide a maintenance schedule tor all systems and or equipment as required to maintain
all warranties
3 Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County
personnel associated with this project
BID REQUEST#82300120 Page 10
4 At protect close-out provide all maintenance manuals including operation and maintenance
instructions, parts listing with sources indicated rei_ommended pans inventory listing emergency
instructions and similar information Include all diagnostic and repair information available to
manufacturer's and installer's maintenance personnel A digital copy of these records to be reviewed and
approved by Weld Counts Atter ecsiew and approval, the contractor will be required to provide 2 (two)
hard copies of these records to the Weld County Project Manager
WFI.D COUNT5c STANDARD TERMS AND CONDITIONS:
I All damages to building structure and finishes shall be repaired to original condition as a part of this
contract
2 Licensed contractors are required for all elect' teal, plumbing and mechanical work
3 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
4 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
5 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
6 All lifting and hoisting equipment shall be provided by the contractor as required
7 The projected contract date is expected to be July I0, 2023 Based on this date, provide expected start
and finish dates for each phase of this project
, Work will comply with all applicable Federal State, and local laws ordinances and regulatory
requirements
9 No bid bond is required for this project
10 Bids over 550,000 will require a payment (100%) and performance (100%) bond
I I Performance and payment bonds must be submitted using an AiA-A312 bond form Other bond Corms
will not be accepted
12 All trash and debris to be propeily 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
13 Contractor to include Protessional Liability Insurance and (FLIP builders risk insurance
14 Weld County is a tar -exempt entity
15 Davis -Bacon and Buy American requirements are NO f required
26 Contractor will be required to enter into a standard Weld County contract for thus service A standard
Weld County contract is available through the Weld County Purchasing Department and is available for
viewing upon request
27 Contractor is to pro,ide lien waivers with each pay application
BID REQUEST #B2300120
Page 11
SCHEDULE.
l Contiactoi is responsible for providing and maintaining a three week look ahead schedule
throughout the Ste of this project
Below is the anticipated Sehedule for this project
Date of this Bid
Advertisement Date
Pre -bid conference
Bid Questions Due
Bids Are Due
Bid Award Notice
Contract Execution
Construction Start
Construction Finish
May 9, 2023
May 9.2023
May 23, 2023
May 30 2023
June 6, 2023
June 26, 2023
July 10, 2023
Immediately following Contract
January 12024
PROPOSED DATES:
Please provide proposed schedule dates with the expectation of contract execution being July 10 2023
START DATE
COMPLE NON DATE
TOTAL LLMP SLM COST
FACILITY
LUMP SUM COST
TOTAL LUMP SUM COST
BID REQUEST #52 3001 20
Page 12
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 June 6. 2023:
1) Pages 9 thru 14 of the Bid Specificabons/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 #82300120 Page 13
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 #B2300120
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 authonzed 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
(Please print)
BUSINESS
ADDRESS DATE
CITY, STATE, ZIP CODE
TELEPHONE NO
FAX TAX ID #
SIGNATURE EMAIL
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
Weld County Clerk to the Board
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 #82300120 Page 14
LAW ADMIN ELEVATOR MODERNIZATION
82300120 - Q&A
1 Question Is elevator on emergency power,
Answer No, the elevator is not on emergency power
2 Question 1 he machine room is heated and cooled by the buildings' HVAC system
Line 21 reads Room'pit heater must be replaced and be thermostatically controlled
Given this requirement. is it sate to assume that you are looking to install additional
heating and cooling in the machine room,
Answer No, The County does not need additional heating or cooling for this room as the
building 1-IVAC will suffice
3 Question I me 21 states Room/pit heater must be replaced and be thermostatically
controlled " Given this requirement, them currently is no pit heater installed in the pit
Are you requiring that heating be added to the pit,
Answer Since this is a design ! build elevator modernization the contactor will need to
determine if a unit heater is required by code No heater is required by the County if not
required by code
4 Question. Line 22 states - Sump Pit must meet applicable codes and receive new pump
and motor" Have you identified a discharge point for the pump9 if not, are them more
detailed plumbing drawings available for review'
Answer Since this is a desig, build elevator modernization the contactor cc it need io
determine if a sumo pump is required by code The design for sump pump discharge will
need to be included in the lame sum price for this bid
5 Question Given the requirement to add a sump pump can the due date be extended by I
week for further investigation'
Answer At this time Weld Cruniy will not be extending the bid
6 Question Please confirm ATS Circuitry (3/4" EMT-'- 4 #12 THHN's) will be required for
pretranster signal and EM Power running, conduit to be run from existing ATS to
elevator controller
Answer Flevatoi is not correcrec .o errercency powve- and 'he Coin's A esn's hour the
need for it to be on emeroerc, raiser
7 Question Please provide any manufacture documentation for the ATS equipment
Answer Please refere ice Q& ° 6
8 Question Will two-way audio/visual communication be required per ANSI 2019'
Answer, No Audio visual will not be required There will need to be emergency call
capabilities per code requirements
9 Question 1b ill there be a requirement for additional Data(Cat6/Phone Imes) be required
as part of the scope of work for emergency communication or Aud io/1,'isual
communication,
Answer No
10 Question Will shore be an elevator status panel installed for this project
Answer No unless it is required by code
11 Question Are there any existing electrical, fire alarm, or any emergency power one lines
available?
Answer The County will provide available drawings to the lout bidder
12_ Question Are there any existing plumbing drawings available,
Answer The County w ill provide available drawings to the low bidder
13 Question is there specific electrical or fire alarm contractors that are to be used,
Answer No
14. Question Who will be the "Authority Having Jurisdiction" that will be inspecting the
completion of the project,
Answer Greeley File Department and State of Colorado
l5 Question Please confirm a sump pump will be required in the elevator pit
Answei Since this is a design i eortd eleaatoi modernization the contactor will need to
determine if a sump pump is required by code
16 Question Will an Independent Fire Protection Engineer be required before or after the
completion of this project'
Answer Any modification to the fire alarm or fire suppression systems v ill need to be
designed by a licensed engineer These design services will be a par t of this contract aria
the cost associated with them will he include(' in the bid price
17 Question Please confirm the Fire sprinkler tines feeding the elevator machine room and
the elevator hoist way will need to have a FA monitored tamper valve
Answei Yes.
18 Question Please confirm a 'F lashing Hat" Module will be required
Answer Yes
19 Question Instructions To Bidders Sutton 3 Can you please confirm what scope of
work would be provided to more than one vendor"5
Answer field County has no intention of awarding any of this project to more than one
bidder
20 Question Instructions To Bidders, Section 4 Can you please confirm what year this
project is slated for due to the comment found. `By acceptance of this bid, Weld County
does, not warrant that funds will be available to fund the contract beyond the current fiscal
year,
a Since lull contract exeLution and receipt of initial payment is unknown, tf final
turnover paymentshnvoices were to roll into 2024, will the county be able to
confirm that said funds would be available?
Answer This project is intended to be completed in 2023 Funds for this project are
available
21 Question lnstruc.tions To Bidders Section 4, Subsection X Can you please confirm that
this project will be tax exempt from all City. County and State taxes" It this is a Tax -
Exempt project, can you please provide a copy of all tax-exempt certificates not just a
number'?
a Weld County Standard Terms and Conditions. Line Number Ft Additional
reference to fax Exemption status
b Weld County Undersigned Section "Weld County is exempt from Colorado State
Taxes"
Answer This project is tax exempt hh e will pror;de a tax-exempt certificate to the
successful bidder
22 Question Project Specific terms and Conditions Line Number 2 Flow long will the
county take to review and approve designs
Answer Approximately 3 Meeks
23 Question Project Specific Terms and Conditions Line Namber7 Will the facility be
available for working hours starting at 6 00am or is 7 00am the earliest entry time'
Ansv,ei 7 00 AM would be preferable
24 Question. Project Specific Terms and Conditions Line Number 9 Will the facility be
providing ample dry and secure storage or will the county want to add storage (CONEX)
cost to the project?
Answer There are no dry storage areas available within the building Any storage areas
will need to be provided by the elevator contractor
25 Question Project Specific Terms and Conditions, Line Number 10 W ill normal pruner
be available during the project to run hand tools and alike,
Answer Any outlets that are adjacent to the work area will be available for the contractor
to use Corridor and walkways mound the work area wilt be in use by County personnel
during construction and they must be kept clear of debris and tripping hazards including
extension cords
26 Question Project Speufic Terms and Conditions, Line Number 12 During the Site
Visit/Survey and through stain documents, it was found that the facility does not have a
`Single -Bottom Jack' Thus, the replacement of the jack would not be recommended
Can you please confirm why the county would want this jack replaced, and the cost
associated?
Answer Due to this elevator s age the County feels th_t replacing the jack is necessary to
prevent failure
27 Question Project Specific Terms and Conditions, Line Number 13 The retained
equipment listed (Pit Equipment) is very general, as code requirements will include some
pit equipment' Can you please confirm what Pit Equipment should be retained,
Answer All pit equipment required by codes shall be retained Any pc equipment not
existing but required by code shall be installed
28_ Question Project Specific -1 erms and Conditions, Line Number 18 Please specify what
car interior treatments you want" During the survey, it was found that the costing cab
interior is ADA compliant (handrails)
Answer Cab interior shall be updated with nets ,all finishes ceiling finishes and
flooring
29_ Question Weld County Standard i erms and Conditions Line Number 3 Please confirm
what Al -{J will allow elevator altemationnnodemization permits to be waived'
Answer Weld County building permit fees will be waived Any other fees associated
with this project will not be waived and shall he paid for by the contractor and those costs
shall be included in this bid price
30 Question Weld County Standard Terns and Conditions, Line Number 4 Beyond 3"i
Party Inspection cost, please confirm what related fees should be included in the bid,
Answer Any fees required by the AHJ or State of Colorado
31 Question Weld County Standard leans and Conditions Line Number 12 Will access to
on -site dumpsters for minor accumulated paper -waste be available?
Answer The dumpster at this site will not be available for use There will be a roll oft
dumpster nearby that can be used for minor "waste
32 Question Weld County Standard Terms and Conditions Line Number 26 Please provide
a copy of the `Standard Weld County Contract", or is the provided ` Sample" Weld Count
Facilities Department Contract Bid Documents considered to be the contract?
a, Within the `Sample' AIA file —Notice To Proceed section it contains a date of
completion being September 22, 2023', is this a set -date, or should contractors
follow the finish date of "January I, 2024",
Answer The Standard Weld County Contract is postea on Bidnet The contractor is to
provide a date of completion on the bid form as designated under the schedule section
January I, 2024, is the County s nest guese as to final completion of this contract The
date identified on the Notice to Proceea is to be ignored as this was used for sample
purposes
33 Question. Schedule, Section 1 — Construction Start- Please confirm if Weld County
expects that work will begin on VI 0/23 assuming that material lead-times can exceed 14
to 18 weeks"
Answer The Contractor is to provide a start date based on expected lead times on the bid
form as designated under the schedule section
34 Question Alternates
a Please confirm if Weld County will accept a Contractors Alternate' bid for this
project'
Ans«er No
35 Question Check -In / Check -Out Process
a What are the specific procedures required for this facility"
b Who will be the primary point of contact at the facility`s
i Will contractors be provided keys tar access'
it Will a contractor's lockbov be allowed on the premises'
Answer The Weld County Facilities Project Manager or the Sherritfs Office Project
Manager will gore the contractor access each day The primary point of contact is the
Facilities Project Manager Key or lockboxes will not be provided for this project
36 Question Interim/Warranty/Ongoing Maintenance
a Can Weld County provide a copy of the current service agreement'
b Will a separate Service Agreement specification be provided, It not is there a
desired Interim/Warranty/Ongoing maintenance plan that should be quoted,
Answer No, the County will not provide current service agreement or a separate service
agreement specification Yes, the contractor is to provide a I year wan -arty for material
and labor_
37 Question Emergency Power
a Please confirm that the elevator due to be modernized is connected to Emergency
Power
Answer No It is not connected to emergency power
Exhibit B
PEAK Elevator — Hydraulic Elevator Modernization
Tuesday June 06, 2023
Weld County Admm
1930 O Street
Greeley, CO 80631
Old Number —B2300120
Re Elevator Modernization — Weld County Law Adteocetauon — One (I) Elevator
To Whom It May Concern,
E l E V A T
PEAK is pleased to provide you with our proposal to modernize one ( I) hydraulic clecetor located at the above mentioned property
Our proposal meets all applicable codes and includes all tabor and material required fora complete installation Our puce is valid for a
period of thirty (30) days
Our proposal is based upon the following components/systems being upgraded on the elevator
i}ivdroulie Controller
Your existing relay control system will be replaced with a',Ion-Proprietary Controller Reliability, performance and diagnostics can be
improved by converting to a new microprocessor based control system The new control system will also afford much simplified
additions of new features, now or in the future, and will include on -board LCD screen diagnostics which will improve the efficiency
of future troubleshooting needs
PEAK shall provide all labor, material, permits and supervision required to perform the following scope of work during rt.gular
working hours of the elevator trade
- Remove existing elevator control components and control cabinet
- Install new microprocessor controller in new cabinet
- Perform all required wiring to interface the new control system with other elevator components
- Replace hoist -way components as needed to properly interface with the new control system
Selector sod Posetruntae System
All existing selector and positioning devtees shall be removed and replaced meth a new selector and positioning system which will be
integrated into new controller equipment and wired as needed to interface properly
Submersible Power Unit
PEAK to Replace submenble power unit mtuh new
Teeyelinq Cable
New traaelmg cable to be installed to work directly with new control system
y@acttioe Room Wireng
All new wiring between the hotstway and machine room equipment will be furnished and installed according to applicable codes
Machine Room
Our proposal makes the assumption that the tousling machine room will remain and will satisfy all code requirements
Car Tote Inspection Station
Esle5teg car top inspection stattorts to be replaced with a new code compliant car top tnspet.tton station
Car Operating Panel
A new ADA compliant Car Operating Panel will be provided New COP will be to a brushed stainless steel finish and will be per
ASMP A 17 12019 *for current code), including Foe F tghters Phase II operation
'Building to contract directly with Kmgs3 for video and phone momtonng services and this cost is NOT included in our bid
Hall Fixtures
All new ADA compliant hall fixtures will be provided All fixtures will be in a brushed stainless steel finish and will be per ASME
A17 1 2019 *tor current code), including Fire Fighters Phase 1
Car Door Operator
Replace the existing door operator with new door operator The new door operator will be closed loop and installed as needed to
interface with the new control system
Car and Hall Door hlechanrcals
Replace the existing car and hall door mechanical components with new car and hall door mechantcals as needed to interface with the
new door operator, halt and car doors
final Limit Switches and_Mouet e
New final limit switches will be provided when necessary to ensure proper operation
Braille on Jambs
New Braille plates will be provided on each entrance side jamb in a manner complaint with ADA regulations
3-D Safety Edge
PEAK to install new 3-D ear door safety edge
Hydraulic Jack Replacement — FLAK wilt extract the existing jack out of the hole in the ground end replace with e
brand new in ground jack Once the existing jack Is extracted the hole will most likely need to be cleaned of debit via e
vacuum truck before rc installing the new equipment See "Attachment 4" as this is usually an additional cost due to the
fact that we will not be able to determine the length of time we will need the vacuum truck until the existing tack is
removed
In cases where existing elevators are modernized, the State of Colorado mandates that the newly modernized elevator and all of
the elevator components satisfy ail local and state mandated code requirements. PEAK Elevator will ensure that the new elevator
components satisfy all local and state mandated code requirements for the items related to the scope of work listed above in this
proposal
The state of Colorado ALSO mandates that all other equipment associated with the newly modernized elevator be brought up
to latest adopted elevator code per regulations In order to satisfy this state mandated requirement, there are other building
Items that are associated with the existing elevator that need to be modified, replaced or upgraded One of these items has to
meet the new 2019 code mandate. ev ofJanuary 2022, that cab view must be installed In all elevators being upgraded Thls
means you must have 24/7 emergency phones and monitoring, that have video capabilities Customer agrees to either preside
this service through a verified •ender or contract with KINGS III for all elevator phones and monitoring, required by code
Customer will contract directly with KINGS ill to provide this service. The contact for KINGS III is Dan Hendrickson and he
can be reached at 303-916-9709 PEAK will assist the customer In coordinating with KINGS H[ for this code required service
PEAK holds no liability for phone momtoriog
PEAK Proposal 0606230741 DA
Page 2 of 12
PEAK Elevator shall not be responsible for replacement of or modification of an) work that may be required diet falls outside
the scope of work listed above in this proposal However, PEAK Elevator will assist with the "coordination efforts" for work
by other items
PEAK Elevator has provided a list of WORK BY OTHERS" below which can be used as a guideline for achieving such code related
items
Upon Completion of the modernization project, PEAK shall recommend a state certified QEI to the owner / owners representative as
state requirements disallow PEAK from retaining an inspector forour work Upon the owner choosing an trupeetor, PEAK shall arrange
fora proper inspection and document upgrades to the State of Colorado requirements
Work by Others (Included in price): Most of the below components will already be in place as you already have an
e'ctstrng elevator PEAK will help the customer discover what will be needed
Mainline Power Feeders
The current mainline piping and wiring from the disconnect to the new
controller may need to be relocated to accommodate the new controllers A
ground wire must be added if it does not already eetst
Cab Lighting
A single 110 circuit must be run to each controller This circuit must be
run through a disconnect or switch that is lockable in the on or off position
The location of this switch must be coordinated with the elevator mechanic
on -site.
Gil Outlets
All outlets in the machine room and/or the pit, must be retrofitted with GFI
outlets per code
Light Guards
All ltghttng in the machine room and/or pre, must be retrofitted with code
compliant guards made of erounded metal, plastic or comparable
Phone
Code requires a single phone line per elevator to be run m conduit to the
controller This line must have a normal dial tone outside line Please note,
analog systems will not interface with communication and phone failure
system Phone line must be capable of interfacing with communication
failure system Cabitew must be installed, per 2019 code PEAK works
directly with KINGS III to provide this new phone system and will asset the
costumer in coordinating with KINGS Ill to ensure this code required nem
is installed Customer will contract directly with KINGS If l for this service,
Disconnects
Themain power elevator disconnects must be code compliant. fused and
loikable or shunt tnp breakers, and must be capable of locking in off
position !he disconnects need to be located within clear site of the elevator
motor
Fire Recall
Combined with the modernization to this elevator, main and alternate floors
fin: recall is required Smoke detectors must be installed, if not pre-
existing, at every lobby in the machine room, and in the hoistwav (if
sprinklers are present) Smoke detectors in the hotstway have to be
mounted on an access panel that can be serviced from outside of the
hotslrsay This panel cannot be greater than 2' r 2' i'ire recall system must
also have flashing hat feature.
If the sprinklers are altered or installed in the machine room and/or the
hoistway as part of this modernization, a heat detector must be installed
within 18" of every sprinkler head in the machine room and the horstway
overhead These heat detectors must activate a shunt trip disconnect
located outside of the elevator machine room to remove all of the three-
phase elevator power, prior to the power entering the machine room
PEAK Proposal 06052307415A
'age 3 of 12
Modifications In irolachine Room
Including but not limited to.
• Machine room door must be self-ciostng and self-locking and have the
proper UL fisted fire rating
• Adequate lighting and in proper lot.ation in machine room
, • (*I outlets
• Light guards
• Disconnects
• Phone Imes
• 110V cab lighting dedicated circuits and fused and lockable disconnects
• Pit ladder
• Pat lighting and GFI
• Sprinklers
• Smoke detectors and heat detectors
• Shunt trip disconnects
• Ledges in horstway
• Windows in horstway
• Vents in hotstway
• Temperature control in the machine room
TERMS AND CONDITIONS
Our proposal is submitted with the understanding that PEAK will mobilize to the project site one (1) time for the complete elevator
installation process and return one (I) for the Soot adjusting/inspection process Should PEAK be required to incur additional
mobilizations due to circumstances beyond PE4K's control, additional mobilization fees shall be owed PEAK Remobilrzalron
charges wdl be based on our current billing rates
2 Payments Schad uler
• 50% of Contract Value
o Due when coctract is signed and pnor to beginning the surveying and engmcenng processor ordering parts
o PEAK shall not be responsible for delays incurred or schedules impacted due to delays in receiving payments
25% of Contract Value
o Due two weeks after the start date Will be billed upon scheduling the start of the project
ftemaroing 25% of Contract Value
o Invoiced "Prior to" final completion to order to allow ample tune for final payment arraogcments to be made
by building represernative
PEAK will Invoice once the elevator portion of. modernization is completed. Final payment to full
is due at time of final completion of the elevstprlcooe of work and prior to the elevator hetne Plated
back into service. Customer naives to pay the final Invoice once the elevator imam. of the work us
done
• PEAK shall not be responsible for delays of work or payments due to work by others or third party
entities
▪ PFAK shall not be responsible for delays incurred or schedules impacted due to delays or payment
• All invoices must be paid prior to PEAK turning elevator back over for public use or delays will ,
occur
PEAK Proposal 0606230741 DA
Page 4of12
The payment schedule remains in fone even in the event of non-payment by a third party andlor in cases where contractors have
not been paid by building ownership PEAK reserves the right to postpone engineering process, drawing approval process, material
delivery, project start and/or suspend work or services for non-payment Additionally in cases where payment arrangements have
been made and agreed upon in writing by both parues, if payment in full is not received according to contracture! agreement,
invoices wt1l bear interest at the highest allowable amount acwrding to state guidance and shell be calculated from the invoice
date Payments thereafter will first be applied to accrued interest and then to the unpaid principal If collection procedures are
necessary to obtain balances due from Purchaser, Purchaser shall be required to pay any and all balances then due interest thereon,
and all reasonable attorney fees andror collection fees, and litigation costs necessary to recover such amounts Purchaser agrees
and acknowledges collection expenses, including without limitation attorney fees, shall be due upon engaging an attorney in
states requtrmg notice prior to filing a lien, this notice nquuement is hereby complied with
3 Should you decide prior to the start of the contract A cancel the project. tf PEAK Elevator, t l C has already purchased parts for
your property, you will be responsible for paying for the parts that PLAK purchased
4 PEAK will work with the customer to assist in finding a `work by others" contractor, if requested The price from "work by
others' contractors, is not included in this bid price Should any remobtlrzatton and stand-by' be required by PEAK that was
due to circumstances beyond PEAK's control, due to contractor delays third -party delays or customer delays, a separate invoice
will be sent for that time
5 Permits are part of any modernization process PEAK rlcvator has zero control over the pr.rmtt process and timing DFD is the
Jurisdiction having authority Once we have all electrical, fire and sprinkler permit log numbers, where applicable, by the work by
others, PEAK can then apply for the permii If the work by others contractor does not provide PEAK with these numbers, where/if
applicable, we cannot apply fora permit Once we do apply, the permit process can take up to 4 months to obtain Again, PEAK
has zero control overfills process and can only wart for the A HJ to approve the permit Your scheduled start date will be determined
by the date we receive the permit NO work will ever begin on a prtJct,t, unul a permit is in hand
6 PE AK s modernization services shall be performed between the hours of 7 30 am and 4 00 p m Monday through Friday local
property tone and in accordance with PCAK's standard contract pertaining to "regular -time" hours and working days
7 The delivered material shall remain the property of PEAK and PEAK shall retain title thereto until final payment is made
8 PEAK shall not be responsible for the abatement or disposal of any hazardous materials that may be discovered within the building
structure as a result of the work required to perform this upgrade
9 PEAK specifically eri.ludes any/all cutting and patching required for the proper removal and/or installation of the elevator system
or any of its components
10 FLAK requests that the owner provide necessary room to the fire command room tor applicable elevator fire status panel if
applicable
1 I PEAK assumes that safe, clean, dry storage shall be provided near the hotstways
12 PIAK is submitting this proposal based upon ASME A 17 1-2019 or current applicapabte code
13 PEAK speufically excludes any and all engineering costs associated with building supports for machints, sheaves controllers
hydraulic components hoisting means
14 PIAK shall not be responsible for any indirect incidental or consequential damages PEAK s liability and liquidated damages
under any circumstances shall be no more than 5% of the Proposal value of the Equipment concerned
15 This letter shall become part of any contract executed between purchaser and PEAK
I6 PEAK shall not be liable for any loss, damage, claim or delay due to any cause beyond PFAK's control including, but not limited
to acts of government, strikes, lockouts, fire explosion, theft, floods, not, civil commotion, war, mallows mischief, or acts of
PEAK Proposal 06062307411M
Page 5 0(12
17 The Purchaser agrees to indemnify defend and hold harmless PEAK from any love, damage or claim for damages or injuries,
including death, connected with the use or operation of the Equipment Should damage occur to PEAK s material or work on the
premises, where work is to be or is being performed, by fire, theft or otherwise, the Purchaser is to compensate PEAK therefore
PEAK's obligation to defend, indemnify and hold Purchaser harmless shall be limited to the extent a claim for damages or mjurtes
results from PEAK's negligent.e acts or omission or willful nust.onduct, but not the negligent acts or omissions or willful
misconduct of others
18 The Elevator Contractor shall warrant and guarantee all equipment provided and installed under this Contract for 12 months
against defects to the materials and workmanship and will correct any defects not due to ordinary wear and tear, improper use or
care, or lack of maintenance which may develop within I year from the date of ...captor. and being placed ono operation 1 he
Smartrise elevator controller will receive a five year manufacture warranty This work is only to be completed during normal
business hours Should a call be placed after normal business hours (8 00AM -4 30PM), on the weekend or on a holiday
PEAK will charge the customer with the overtime charge for PEAK to come out outside of normal honest hours This
warranty a NOT tntendt.d to supplement normal maintenance service and shall not be construed to mean that the Elevator
Contractor shall provide free service or periodic exammatton, testing, lubrication or adjustment due to normal use beyond that
included in the Contract, nor ;hall the Elevator Contractor correct, without charge, trouble arising from abuse, misuse, improper
and inadequate maintenance, or any other causes beyond the I levator Contractors control
END OF SECTION
PROJECT SCHEDUI E
IS Protect Schedule Shall be as follows
• Upon fully en.ecuted contract, and once PEAK has received the dove payment PEAK shall engage in project survey
process - [ 2 weeks
PEAK will submit Surveys to Vendors *(1-2 business days after all surveys have been completed)
Engineering / Drawing approval process ---- 2-3 weeks
o Average engineering and drawings approval times are listed however, PEAK has no cameo) over the
engineering / drawing process and cannot be responsible for delays due to
• Client failing to review / approve drawings in e timely manner
o Vendor backlog causing delays
• Delays beyond PF AK's t.oetrol
• Upon engineering and drawing approval by client, PEAK shall approve vendors to begin manutacturtng
a Material manufacturing Lead-times —10-12 weeks from date of final approved and signed approval drawings
o blanufacturtng lead times vary and PEAK cannot be responsible for manufacturing delays
o Shipping -- I week
e Materials are delivered and material payment is made
c PEAK will not deliver the materials until material payment has been received by PEAK
• Installation --- 3 weeks
• PRE' Inspection/testing — 1-3 working days
• Final testing— 1-3 days
o Final testing must be scheduled millwork by others contractors, local authorities and to some cases fire
department personnel
on PEAK cannot be responsible for delays in getting the aforementioned parties on site and delays beyond our
control
turn over to customer for public use
FLAK 1S ILl NO 1 RI IL. R': EQItiP\IE'e f FO CLIEN i FOR PUBLIC USE L'V i IL AL i PAYMENTS HAVE BEEN
RECEIN ED By PEAK
PEAK Proposal 0616230741OA
Page 6 of 12
PRODUCT PICTURES: EXAMPLES
SRARTRISE CONTROLLER:
SMARTRISE
CAR TOP INSPECTION STATION & WIRING:
PEAK PW08810606230741 DA
Page 7 of 12
Car Operatina Panel and SIGNAL FIXTURES
DOOR OPERATORS:
PEAK Proposal0606230741DA
Page 8of12
Components of a
Hydraulic Elevator System
the aGc"nl tort decant of rn,. 6JH+rTr er C1D ihn ftltlnn is ennvollsrr! by �n r're Cinc
motor and yol,c �✓slam tna[ r tyuldtr.. the tlow oY on to '+c �yllnUor foT A smavth nd
Wh11V Ch CfC JrY 3CVCf 11 t /P'-+ oY Fydriulic pig ✓U for tilr �Ilclll lrlll 11l IVW r luy(rr]Il • flr _
Hole Ong or ...log boom
Short
Ha1LMlay fwllehrc
Cu Rop -rs or
Guide Shotl�
Paclnaning Syclom
CAr TnP
Fs. qPo H.
Ono, Opcar�+c,r
G •r Puel! Fulton or COP
Cyr Opa,rilmcl PLrt.-1
CAr PI i+rrwn+
Cor Sal
Po5/[lan{ntt Intl+c �ror
or L tnd.n J InrL�w+or
Hau Dac+r ar
Landing Doer
Lnndlnq Pu�nOtr elan
Hell Iremo�,
Plt Aran
Cer 9Yrfur
Cylrndsr PVC Cocing
Cyfh+dw
END OF SECTION
PEAK Proposal 0606230741OA
Page 9 of 12
Cab Re-Model—flneluded to price) PEAK to remodel the existing cab with new laminate panels (color to be selected
by owner), new SS reveals, one (1) SS handrail, Aluminum framed SS LED Drop -down ceiling existing COP (Car
Operating Panel) to be removed and re -installed — Alt. Price. 518,501.00 (Should ownership wish to have a different
design, a virtual design session can be set up for NO charge additional cost, final price subject to change depending on
selection
lutist Here To Select
PRICING:
Thank you for the opportunity to submit our proposal for this project Our proposal for this portion of the project is for the net sum of
5209,175 00 (Two Hundred Nine Thousand One Hundred Seventy Five and 00/00s) If you should have any questions,
comments or concerns, please do not hesitate CO call
Execution.
In witness thereof, the parties have executed this agreement as ofthe effective date
Sincerely,
PEAK Elevator Accepted by
Da 14, Abbate Printed Name
Tale
Dan Abbate
Sales Executive I lens Name
Date
This offer, when accepted by purchaser and countersigned by an officer of PEAK will be the entire agreement between parties This
offer, if accepted on any other form or document or if the terms are amended, shall not be binding on PEAK unless countersigned in
writing by an officer of PEAK
Approved by —PEAK htcccior Corporate Officer
PEAK Proposal 06062307410A
Page 10 of 12
ATTACHMENT
"A"
Hydraulic Jack Cylinder Removal and Hole "Cleaning" Clause
Hydraulic Jack Assembly removal and hole "cleaning" processes expose the customer to unknown
underground risks which can make the removal of the existing Jack assembly difficult, or impossible Once
the existing jack assembly Is removed from the hole, it may be necessary to dnlUvacuum, or "clean", the
existing hole to obtain the proper "dear' depth required for installation of the new jack assembly Until the
exisiing Jack assembly is removed, it is impossible to determine the conditon of the existing hole and whether
or not it is cased, and plugged, and will remain"open'
ft is hereby stated that PEAK Elevator Performance Group (PEAK) does not know, and cannot predict, the
true underground conditions and whether or not the hole will remain 'open" to its full depth once the existing
Jack assembly is removed It is PEAK's expert and ethical opinion that issues related to elevator holes caving
in, or otherwise becoming obstructed, and preventing installation of a new jack assembly are rare However,
purchaser must understand that dutficuthes may occur and the purchaser bares this risk
In the unlikely event PEAK encounters unusual difficulty extracting the existing hydraulic jack assembly or
"cleaning° the ousting hole to proper depth, PEAK shall immediately cease at work and consult with
purchaser to develop the best plan to complete the project in a safe, cost effective, timly manner It is hereby
understood that all additional costs such as the use of a vacuum truck, indoor dnikng rigs, compressor rental,
Jack hammer rental, specialty tools necessary for the jack extraction, or purchasing customized jack
assemblies shall be the responsibility of purchaser and not PEAK
In the event a vacuum truck andlor dnlhng equipment is required, purchaser shall compensate PEAK at e
standard hourly crew rate for PEAK's assistance in overseeing such assignment and managing this section of
the project.
PEAK Proposal 06062307410A
Page 11 of 12
PEAK is pleased to provide you with our proposal to provide the vacuum services that are required by the
vacuum service company and PEAK's portion of the labor necessary to assist the vacuum service company
in vacuuming out the existing soils that are in the hydraulic jack hale
PEAK has attached below, the vacuum service companies' charges and PEAK's labor rates to assist the
vacuum service company in performing the work necessary
I Our proposal is based upon the following
• Hydraulic vacuum services
o Vacuum services will be provided according to the following.
• Vac Truck 4 hr minimum @ $275 00 per hour port to port
• Disposal $350/1,000 gals
• Fuel Surcharge $29 00
• PEAlce labor to assist with the vacuum services
o PEAK's hourly rate to assist the vacuum service company is $680 62 per crew hour
o PEAK's hourly rate will start when the vacuum service company amves an site and will end when
the vacuum service company has completed with vacuuming and removing all soils from the jack
hole
PEAK Proposal 00062307410A
Page 12 of 12
SCOPE OF WORK
Lava Administration
Elevator Modernization
PROJECT OVERVIEW
This project consists of a design/build contract for the turn -key full modernization of the elevator
located at the Law Administration 1950 0 Street, Greeley, Colorado 80631 The crusting elevator is
registered with the State of Colorado Department of Labor and Employment with the following
information
Description
State
Registration ID
Elevator
Drive/Type
#Of
Stops
Elevator
CP08-002693
Hydraulic
2
METHOD OF PROCUREMENT:
Request for Bid (RFB) is a procurement method often referred to as a,ealed hid solicitation When
issued, the bid package is considered complete for bidding purposes Responsiveness to the solicitation's
terms and conditions aie required incomplete of non -responsive bids will be eliminated from
consideration Low pi ice is the key consideration by Weld County in awarding an RFB the contract
Project documents and specifications have been provided per the following attachment to this bid
PROJECT SCOPE
The scope of this project is for the complete modernization of the above specified Law Administration
elevator This will include all work as outlined in the documents provided
I Contractor will be responsible for procuring and executing all scopes of work as outlined and specified
in the projects contract documents that have been provided during this bid request per the attachment
outlined above This will include but not limited to all associated labor, materials, and equipment It is
the contractor's responsibility at the time of bid submission to ensure that all project specifications and
requirements have been included per the project documents provided
2 This scope of work will need to be coordinated with the Weld County facilities project manager to
obtain access and confirming hours of the location specified in Attachment B
ATTACHMENTS:
The attachments listed below will become part of this bid and are available on BidNet
Attachment A Weld County project documents
5- Attachment B Photos and Locahon
PROJECT SPECIFIC TERMS AND CONDITIONS
IThis is a design/build turn -key modernization Therefore, all work requu ed to be aci,omplished (i e ,
electrical, mechanical, elevator, architectural modifications, etc ) shall be included in the bid pnce and
construction/modernization schedule This shall include all additions, alterations, and new work required
to ensure full modernization and code compliance is achieved
BID REQUEST #62300120 Page 9
2 Contractor to provide a design that is to be reviewed and approv ed by Weld County prior to elevator
material procurement The design shall include a full modernization of the complete elevator system
3 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
4 The contractor will provide a full-time qualified representative on site while any work is being
performed
5 Contractor shall not commence work until all parts have arrived
6 Contractor is responsible for having an up-to-date list of employees accessing the building
7 This facility is operational Monday - Friday 7 00 am to 5 00 pm All work will be done during regular
hours
S Any partitions and or containments that may be needed for the contractor to perform their scope of work
will be the contractor's responsibility
9 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 have to clean or move materials or
equipment that were not properly stored the contractor will assume all associated costs
10 Contractor will be responsible to provide any temporary lighting or power that may be needed to
complete the scope of work
II Contractor to provide labor and material as required to fully modernize the existing elevator components
with one that is fully code compliant This modernization should be non-proprietary and should include
the maximum level tool(s) needed for future troubleshooting of anomalies/components
12 Replace the controller, submersible power unit, cab door operator, clutch, double -bottom jack unit
(cylinder/piston/protective liner), pumping unit, pick-up rollers, and Interlocks
13 The following equipment should be retained hoist way entrances, doors, pit equipment, rails, and
counterweights
14 Replace door hanger rollers
15 Machine Rooms bring access and rooms into compliance with current codes
16 Fire System interface/recall bring into compliance with elevator/fire codes (Smoke detectors, shunt
trip, etc as required by code) Contractor to include pricing for all fire alarm scopes of work to complete
elevator modernization
17 Upgraded signals, personnel access, and phone will comply with Americans with Disability Act and
OSHA_
18 The interior of the car will be updated as necessary to bring into ADA compliance
19 Once work has commenced (e g , elevator taken out of service) the contractor shall be allowed 6 weeks
to complete all work
20 Elevator speed must remain 100 feet per minute as a minimum
2l Room/pit heater must be replaced and be thermostatically controlled
22 Sump Pit must meet applicable codes and receive new pump and motor
23 Machine room/pit improvements must meet ventilation requirements
24 Include detailed scope of work included/excluded in bad
25 The completed work must be inspected and passed by a certified inspector who is currently licensed
with the Colorado Department of Labor and Employment Division of Oil and Public Safety to perform
inspections
PROJECT CLOSE OUT.
1 Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals
2 Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain
all warranties
3 Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County
personnel associated with this project
BID REQUEST#82300120 Page 10
4 At project close-out, provide all maintenance manuals, including operation and maintenance
instructions, parts listing with sources indicated, recommended parts inventory listing, emergency
instructions, and similar information Include all diagnostic and repair information available to
manufacturer's and installer's maintenance personnel A digital copy of these records to be reviewed and
approved by Weld County After review and approval, the contractor will be required to provide 2 (two)
hard copies of these records to the Weld County Project Manager
WELD COUNTY STANDARD TERMS AND CONDITIONS'
1 All damages to building structure and finishes shall be repaired to original condition as a part of this
contract
2 Licensed contractors are required for all electrical, plumbing, and mechanical work
3 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
4 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
5 Any temporary protection for floonng, 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
6 All lifting and hoisting equipment shall be provided by the contractor as required
7 The projected contract date is expected to be July 10, 2023 Based on this date, provide expected start
and finish dates for each phase of this project
8 Work will comply with all applicable Federal, State, and local laws, ordinances, and regulatory
requirements
9 No bid bond is required for this project
10 Bids over 550,000 will require a payment (100%) and performance (100%) bond
11 Performance and payment bonds must be submitted using an AIA-A312 bond form Other bond forms
will not be accepted
12 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
13 Contractor to include Professional Liability Insurance and (PLI) builders nsk insurance
14 Weld County is a tax-exempt entity
15 Davis -Bacon and Buy 4mencan requirements are NOT required
26 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
27 Contractor is to provide lien waivers with each pay application
BID REQUEST #82300120 Page 11
SCHEDULE
1 Contractor is responsible for providing and maintaining a three week look ahead schedule
throughout the life of this project
Below is the anticipated schedule for this project
Date of this Bid May 9, 2023
Advertisement Date
Pre -bid conference
Bid Questions Due
Bids Are Due
Bid Award Notice
Contract Execution
Construction Start
Construction Finish
May 9, 2023
IvMay 23, 2023
May 30, 2023
June 6. 2023
June 26, 2023
July 10, 2023
Immediately following Contract
January 1 2024
PROPOSED DATES
Please provide proposed schedule dates with the expectation of contract execution being July 10, 2023
START DATE .)0.:17/(t.
COMPLETION DATE
TOTAL LUMP SUM COST.
, 0/7,- ,
FACILITY
LUMP SUM COST
TOTdL L USJP SUM COST
J
BID REQUEST #82300120
Page 12
BID SUBMITTAL INSTRUCTIONS.
The following items must be completed and submitted with your bid on or before the bid ooeninq
deadline of 90.00 AM on June 6.2023
1) Pages 9 thru 14 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 maybe disqualified.
BID REQUEST #82300120 Page 13
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 #B2300120.
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 nght 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 OA( A` /--/
BUSINESS
ADDRESS ' i /c
BY 4,14 -
(Please punt)
CITY ,r STATE, -
DATE v/://i; 2
ZIP 7, CODE
TELEPHONE -WO-. (i/O' ,V FAX TAX ID # `f /%/:19/7
SIGNATURE '-.. L-- _ E-MAIL - c� i./�fc / � , i
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- S.
ATTEST
Weld County Clerk to the Board
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 #82300120 Page 14
Exhibit A
REQUEST FOR BID
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
DATE: MAY 8, 2023
BID NUMBER: 82300120
DESCRIPTION: LAW ADMINISTRATION ELEVATOR MODERNIZATION
DEPARTMENT: FACILITIES
MANDATORY PRE -BID: MAY 23, 2023
BID OPENING DATE: JUNE 6, 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:
LAW ADMINISTRATION ELEVATOR MODERNIZATION
A mandatory pre -bid confercnie will be held on May 23, 2023 at 1:00 PM at the Weld County Law
Administration Building located at 1950 0 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: June 6, 2023 at 10:00 AM (Weld County Purchasing Time Clock)_ The
submitted bids will be read over a Microsoft Teams Conference Call on June 6 2023 at j9:30 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 Administration Building, Fort St. Vrain Meeting Room, 1150 0 Street,
Greeley, CO 80631_
Phone number: 720-4394261 Phone Conference ID: 313 517 522#
PAGE§ 1— 8 QF THUS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST
NUMR REFERRED TO ABOVE, NOT ALL OF THE INFORMATION C9NTANED JN PAQ E? I - 8 MAY
gg gpPJ.ICABLE FOR EVERY PURCHASE, BID SPECIFICS FOLLOW PAGE 8,
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 Weld County to pay if awarded the
bid.
You can find information concerning this request on the BidNet Direct webs to at
httpOwitivi,Ndnetcjirect.corni. Weld County Government is a member of BidNet Direct which is an online
notification system being utilized by multiple nonprofit and governmental entities. Participating entities post
their bids, quotes, proposals, addendums, and awards on this one centralized system.
Did pifivery to VVapty:
A. Emalled bids are required. PREFERRED: email bids to b weIdpn►v.co y.t; however, if your
bids exceeds 25MB please upload your bid to httos://www.biclnetdirectcom. The maximum file size to upload
to BidNet Direct is 500 MB.
F3OFEmailed bids must include the following statement on the `mar! hereby
� �r format Is required. 9
waive my right to a sealed bld". An email confirmation will be sent when your bid is received. Please call
Purchasing at 970 004222 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
in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone
not otherwise authorized to bind the Bidder. AN 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 confess 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 wril be at the bidders' risk.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weki 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, product specifications and scope of services), the
successful bidders 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 #823001'20 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 §§24.1 0401 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 contrail. 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 odder 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 saki 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 082300120 Page 3
1. 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 breath 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 Agent, 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.
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 X2300120
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. H24-18-201 et seq. and §24-80-507.
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 tern 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. My 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 orders 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 #82300120 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 #B2300120 Page
for the County. A failure to comply with this provision shall result in County's right to immediately terminate
this Agreement.
,.es 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 1000,000 each occurrence;
$1,000,000 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 sad 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.
Agclitional 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.
Wilvispr of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights
against County_
Subcontrqctors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other
entices 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 #B2300120
Page 7
Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers
or other antes 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 #B230C120 Page 8
SCOPE OF WORK
Law Administration
Elevator Modernization
PROJECT OVERVIEW:
This project consists of a design/build contract for the turn -key full modernization of the elevator
located at the Law Administration 1950 O Street, Greeley, Colorado 80631. The existing elevator is
registered with the State of Colorado Department of Labor and Employment with the following
in formation.
Description
State
Elevator
#t Of
+..
Registration
1$
ID
Drive/Type
Stops
r
Elevator
CP08-002693 _
Hydraulic
2
METHOD OF PROCUREMENT:
Request for Bid (Rf B): 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 RFD the contract.
Project documents and specifications have been provided per the following attachment to this bid.
PROJECT SCOPE:
The scope of this project is for the complete modernization of the above specified Law Administration
elevator. This will include all work as outlined in the documents provided.
. Contractor will be responsible for procuring and executing all scopes of work; as outlined and specified
in the projects contract documents that have been provided during this bid request per the attachment
outlined above. This will include but not limited to all associated labor, materials, and equipment. It is
the contractor's responsibility at the time of bid submission to ensure that all project specifications and
requirements have been included per the project documents provided.
2. This scope of work will need to be coordinated with the Weld County facilities project manager to
obtain access and confirming hours of the location specified in Attachment B.
ATTACHMENTS:
The attachments listed below will become part of this bid and are available on BidNet_
Y Attachment A: Weld County project documents.
SPt Attachment B: Photos and Location
PROJECT SPECIFIC TERMS AND CONDITIONS:
1. This is a design/build turn -key modernization. Therefore, all work required to be accomplished (i.e.,
electrical, mechanical, elevator, architectural modifications, etc.) shall be included in the bid price and
construction modernization schedule. This shall include all additions, alterations, and new work required
to ensure full modernization and code compliance is achieved.
B10 REQUEST #B2300120 Page 9
2. Contractor to provide a design that is to be reviewed and approved by Weld County prior to elevator
material procurement. The design shall include a full modernization of the complete elevator system.
I 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.
4. The contractor will provide a full-time qualified representative on site while any work is being
performed.
5. Contractor shall not commence work until all parts have arrived.
6. Contractor is responsible for having an up-to-date list of employees accessing the building.
7. This facility is operational Monday — Friday 7:00 am to 5:00 pm. All work will be done during regular
hours.
8. Any partitions and or containments that may be needed for the contractor to perform their scope of work
will be the contractor's responsibility.
9. 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 have to clean or move materials or
equipment that were not properly stored the contractor will assume all associated costs.
10. Contractor will be responsible to provide any temporary lighting or power that may be needed to
complete the scope of work.
11. Contractor to provide labor and material as required to fully modernize the existing elevator components
with one that is fully code compliant. This modernization should be non-proprietary and should include
the maximum level tool(s) needed for future troubleshooting of anomalies/components.
12. Replace the controller, submersible power unit, cab door operator, clutch. double -bottom jack unit
(cylinder/piston/protective liner), pumping unit, pick-up rollers, and interlocks.
13. The following equipment should be retained; hoist way entrances, doors, pit equipment. rails. and
counterweights.
14. Replace door hanger rollers.
15. Machine Rooms: bring access and rooms into compliance with current codes.
16. Fire System interface/recall: bring into compliance with elevator/fire codes. (Smoke detectors, shunt
trip. etc. as required by code). Contractor to include pricing for all fire alarm scopes of work to complete
elevator modernization.
17. Upgraded signals, personnel access, and phone will comply with Americans with Disability Act and
OSHA.
18. The interior of the car will be updated as necessary to bring into ADA compliance.
19. Once work has commenced (e.g.. elevator taken out of service) the contractor shall be allowed 6 weeks
to complete all work.
20. Elevator speed must remain 100 feet per minute as a minimum.
21. Room/pit heater must be replaced and be thermostatically controlled.
22. Sump Pit must meet applicable codes and receive new pump and motor.
23. Machine roumlpit improvements must meet ventilation requirements.
24. Include detailed scope of work included/excluded in bid.
25. The completed work must be inspected and passed by a certified inspector who is currently licensed
with the Colorado Department of Labor and Employment Division of Oil and Public Safety to perform
inspections.
PROJECT CLOSE OUT:
1. Contractor will provide all manufacturers warranty documentation as well as all equipment manuals.
2. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain
all warranties.
3. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County
personnel associated with this project.
BID REQUEST #8230 0120
4. At project close-out, provide all maintenance manuals, including operation and maintenance
instructions, parts listing with sources indicated, recommended parts inventory listing, emergency
instructions, and similar information. Include all diagnostic and repair information available to
manufacturer's and installer's maintenance personnel. A digital copy of these records to be reviewed and
approved by Weld County. After review and approval, the contractor will be required to provide 2 (two)
hard copies of these records to the Weld County Project Manager.
WELD COUNTY STANDARD TERMS AND CONDITIONS:
1. All damages to building structure and finishes shall be repaired to original condition as a part of this
contract.
2. Licensed contractors are required for all electrical, plumbing, and mechanical work.
3. 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.
4. 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.
5. 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.
6. All lifting and hoisting equipment shall be provided by the contractor as required.
7. The projected contract date is expected to be July 10, 2023. Based on this date, provide expected start
and finish dates for each phase of this project.
8. Work will comply with all applicable Federal, State, and local laws, ordinances, and regulatory
requirements.
9. No bid bond is required for this project.
10. Bids over $50,000 will require a payment (100%) and performance (100%) bond.
11. Performance and payment bonds must be submitted using an AIA-A3 12 bond form. Other bond forms
wilt not be accepted.
12. 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.
13. Contractor to include Professional Liability Insurance and (PLO} builders risk insurance.
14. Weld County is a tax-exempt entity.
15. Davis -Bacon and Buy American requirements are NOT required.
26. 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.
27. Contractor is to provide lien waivers with each pay application.
BID REQUEST #82300120 Page 11
SCHEDULE:
I . Contractor is responsible for providing and maintaining a three week look ahead schedule
throughout the life of this project.
Below is the anticipated schedule for this project:
Date of this Bid
Advertisement Date
Pre -bid conference
Bid Questions Due
Bids Are Due
Bid Award Notice
Contract Execution
Construction Start
Construction Finish
May 9, 2023
May 9.2023
May 23, 2023
May 30, 2023
June 6, 2023
June 26, 2023
July 10, 2023
Immediately following Contract
January 1, 2024
PROPOSED DATES:
Please provide proposed schedule dates with the expectation of contract execution being July 10, 2423.
START DATE
COMPLETION DATE
TOTAL LUMP SUM COST:
FACILITY
LUMP SUM
COST
_.
TOTAL
LUMP SUM COST
$
BID REQUEST 082300120
Page 12
BID SUBMITTAL I N TRUCTIONS:
The following Items must be completed and submitted with your bid
deadline of 10:00 AM on June 61 2023:
on or berm the bid opening
1) Pages 9 thru 14 of the Bid Specifications/Scope of Work.
2) 1N9, 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 #B2300120 Page 13
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 #B23O0124
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 spec ications 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 format 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 bids) may be awarded to more than one vendor.
FIRM
BUSINESS
ADDRESS
BY
(Please print)
CITY, STATE,
DATE
ZIP CODE
TELEPHONE NO
FAX TAX ID #
SIGNATURE E-MAIL
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERT1RCATE OF EXEMPTION
NUMBER IS #98.03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1- 8.
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
PSRFB0323
• ...0..._-.aRE. _
BID REQUEST 082300120 Page 14
LAW ADMEN ELEVATOR MODERNIZATION
B2300120 - Q&A
1. Question: is elevator on emergency power?
Answer: No, the elevator is not on emergency power.
2. Question: The.machine room is heated and cooled by the buildings' HVAC system.
Line 21 reads: "Room/pit heater must be replaced and be thermostatically controlled,"
Given this requirement, is it safe to assume that you are looking to install additional
heating and cooling in the machine room?
Answer: No,4: Count,. does not need additional boring or cooling for :h:s roam as the
building I -1 VAC :::; `% s u f.:St .
3. Question: Line 21 states: "Room/pit heater must be replaced and be thermostatically
controlled." Given this requirement, there currently is no pit heater installed in the pit.
Are you requiring that heating be added to the pit?
Answer: Since this is a design / build elevator modernization the contactor will need to
determine if a unit heater is required by code. No heater is required by the County if not
required by code.
4. Question: Line 22 states: "Sump Pit must meet applicable codes and receive new pump
and motor." Have you identified a discharge point for the pump? If not, are there more
detailed plumbing drawings available for review?
Answer: Since this is a design ; build elevator modernization the contactor will need to
determine if a sump pump is required b) code. The design for sump pump discharge will
need to be included in the lump sum price for this hid.
5. Question: Given the requirement to add a sump pump, can the due date be extended by I
week for further investigation?
Answer: At this time Weld County -win not be exceeding the
6. Question: Please confirm ATS Circuitry (3/4" EMT+ 4 #12 THHN's) will be required for
pretransfer signal and EM Power running; conduit to be run from existing ATS to
elevator controller.
Answer: Elevator is not connected to emergency power and the County doesn't have the
need for it to be on emergency power.
7, Question: Please provide any manufacture documentation for the ATS equipment.
Answer: Please reference Q&A 6,
8. Question: Will two-way audio/visual communication be required per ANSI 2019?
Answer: No. Audio visual will not be required, There will need to be emergency cal:
capabilities per code requirements.
9. Question: Will there be a requirement for additional Data(Cat6fPhone lines) be required
as part of the scope of work for emergency communication or Audio/Visual
communication?
A:Isl.%ere No.
10. Question: Will there be an elevator status panel installed for this project?
Answer: No unless it is required by code.
11. Question: Are there any existing electrical, fire alarm, or any emergency power one lines
available?
Answer: The County will provide available drawings to the low bidder.
12. Question: Are there any existing plumbing drawings available?
Ansj; er: The County ks ill provide available drawings to the low bidder.
13. Question: Is there specific electrical or fire alarm contractors that are to be used?
Answer: No
14. Question: Who will be the "Authority Having Jurisdiction" that will be inspecting the
completion of the project?
Answer: Greeley Fire Department and State of Colorado
15. Question: Please confirm a sump pump will be required in the elevator pit.
Answer: Since this is a d .s grr ; build elevator modernization the contactor will need to
determine if a sump pump is requi by code.
16. Question: will an independent Fire Protection Engineer be required before or after the
completion of this project?
Answer: Any modification to the fire alarm or tire suppression systems wi1f need to be
designed by a licensee engineer. "1hest: design services will be a part of his contract and
the cost associated with then will be included in the bid price.
17. Question: Please confirm the Fire sprinkler lines feeding the elevator machine room and
the elevator hoist way will need to have a FA monitored tamper valve.
Answer, Yes
18 Question' Please confirm a "Flashing Hat" Module will be required
Answer. Yes
19. Question- instructions To Bidders; Section 3• Can you please confirm what scope of
work would be provided to "more than one vendor"?
Answer Weld County has no intention ofawarding any of this project to osore than one
bidder.
20 Question Instructions To Bidders, Section 4 Can you please confirm what year this
project is slated for, due to the comment found, "By acceptance of this bid, Weld County
does not warrant that funds will be available to fund the contract beyond the current fiscal
year"?
a Since full contract execution and receipt of initial payment is unknown, if final
turnover payments/invoices were to roll into 2024, will the county be able to
confirm that said funds would be available?
Answer This project is intended to be compacted in 2023. Funds for this project are
available,
21 Question Instructions To Bidders, Section 4, Subsection X. Can you please confirms that
this project will be tax exempt from all City, County and State taxes? if this is a Tax -
Exempt project, can you please provide a copy ofall tax-exempt certificates not just a
number?
a Weld County Standard Terms and Conditions; Line Number 14. Additional
reference to Tax Exemption status
b Weld County Undersigned Section: "Weld County is exempt from Colorado State
Taxes"
Answer This project is tax exempt. We will provide a tax-exempt certificate to the
successful bidder.
22. Question. Project Specific Terms and Conditions; Line Number 2• How long will the
county take to review and approve designs?
Answer. Appro :imatcly 3 weeks
23 Question Project Specific Terms and Conditions; Line Number? Will the facility be
available for working hours starting at 6 00am, or is 7:00am the earliest entry time?
&nswer: 7:00 A? 1 would be preferable.
24. Question: Project Specific Terms and Conditions; Line Number 9: Will the facility be
providing ample dry and secure storage, or will the county want to add storage (CONEX)
cost to the project?
Answer: There are no dry storage areas : vailablc witiin :i1e bLilding, Any storage areas
wi:i need to be provided by :he elevator contractor.
25. Question: Project Specific Terms and Conditions; Line Number 10: Will normal power
be available during the project to run hand tools and alike?
Answer: Any outlets that ate actiLcent to the work a:ea 1v91 be , ailable :or the contractor
�►� ''1� 11t'1tS ` the work area he i y•-. T ►1f�. ��+�•wCa*S
tc «se. Corr ier r; and wz`lov ys ..nd work will .r. use by .oust p: 3nne
during construction and the) rnus: be kept clear of debris nr.d trlpp1 ig h:mzards including
ex1LT1sion cords
26. Question: Project Specific Terms and Conditions: Line Number 12: During the Site
Visit/Survey and through state documents; it was found that the facility does not have a
*Single•Bottom Jack'. Thus, the replacement of the jack would not be recommended.
Can you please confirm why the county would want this jack replaced, and the cost
associated?
Answer: Due to this elevator's age the County feels that icpacing the jack is necessary to
prevent (allure,
27. Question: Project Specific Terms and Conditions; Line Number 13: The retained
equipment listed (Pit Equipment) is very general; as code requirements will include some
"pit equipment". Can you please confirm what Pit Equipment should be retained?
Answer: All pit equipollent r gi:irei by crd es shw.l he r:uained. Any pit equipment not
existing but required by code shal! be instal:et=.
28. Question: Project Specific Terms and Conditions; Line Number 18: Please specify what
car interior treatments you want? During the survey, it was found that the existing cab
interior is ADA compliant (handrails).
Answer: Cab interior shall be updated with new wall finishes, ceiling finishes and
flooring.
29. Question: Weld County Standard Terms and Conditions; Line Number 3: Please confirm
what AHJ will allow elevator alternation/modernization permits to be waived?
Answer: Weld County building permit fees will be waived. Any ot!wr fees associated
with this project will not be waived and shall be paid for by h: contractor and those costs
shall be included in this bid price.
30. Question: Weld County Standard Terms and Conditions; Line Number 4: Beyond 3a1
Party Inspection cost, please confirm what related fees should be included in the bid?
Answer: Any fees required by the M4J or State of Co lorado .
31. Question: Weld County Standard Terms and Conditions; Line Number 12: Will access to
on -site dumpsters for minor accumulated paper -waste be available?
Answer: cu:rLpster at this site wily not be available for use. There v:ct be a roll a
d vps:e r Nary call be used for ..m into '`waste.
32. Question: Weld County Standard Terms and Conditions; Line Number 26: Please provide
a copy of the 'Standard Weld County Contract", or is the provided "Sample" Weld Count
Facilities Department Contract Bid Documents considered to be the contract?
a. Within the `Sample' AlA file -- Notice To Proceed section; it contains a date of
completion being "September 22, 2023": is this a set -date, or should contractors
follow the finish date of "January I, 2024"?
Answer: the Standard Weld County Contract is posted on Bidnet. The contractor is to
provide a date of completion on the bid form as designated under the schedule section.
January I. 2024, is the County's best guess as to final completion of this contract. The
date identified on the Notice to Proceed is to be ignored as this was used for sample
purposes.
33. Question: Schedule; Section 1-- Construction Start: Please confirm if Weld County
expects that work will begin on 7/10/23 assuming that material lead-times can exceed 14
to 18 weeks?
Answer: The Contractor is to provide a start date based on expected lead times on the bid
form as designated under the schedule section.
34. Question: Alternates:
a. Please confirm if Weld County will accept a `Contractors Alternate' bid for this
project?
zr%. r.'No
35. Question: Check -in / Check -Out Process:
a. What are the specific procedures required for this facility?
b. Who will be the primary point of contact at the facility?
i. Will contractors be provided keys for access?
ii. Will a contractor's lockbox be allowed on the premises?
Answer: The Weld County Facilities Project Manager or the Sherri 's Office Project
Manager will give the contractor access each day. The primary point of contact is the
Facilities Project Manager. Key or lackboxes will not be provided for this project.
36. Question: Interim/Warranty/Ongoing Maintenance:
a. Can Weld County provide a copy of the current service agreement?
b. Will a separate Service Agreement specification be provided? If not, is there a
desired Interim/Warranty/Ongoing maintenance plan that should be quoted?
Answer: No, the County will not provide current service agreement or a separate service
agreement specification. Yes, the contractor is to provide a l year warranty for material
and labor.
37. Question: Emergency Power:
a. Please confirm that the elevator due to be modernized is connected to Emergency
Power
Answer: No, it is not connected to emergency power.
Exhibit B
PEAK Elevator — Hydraulic Elevator Modernization
Tuesday June 06, 2023
Weld County Admm
1950 O Street
Greeley, CO 80631
Bid Number — B2300120
Re Elevator Modernization — Weld County Law Administration — One (1) Elevator
To Whom It May Concern,
PEAK is pleased to provide you with our proposal to modernize one (1) hydraulic elevator located at the above mentioned property
Our proposal meets all applicable codes and includes all labor and material required fora complete installation. Our price is valid for a
period of thirty (30) days.
Our proposal is based upon the following componentsfsystems being upgraded on the elevator.
ltivdrauilc Controller
Your existing relay control system will be replaced with a Non -Proprietary Controller Reliability, performance and diagnostics can be
improved by converting to a new microprocessor based control system The new control system will also afford much simplified
additions of new feature;, now or in the future, and will include on -board LCD screen diagnostics which will improve the efficiency
of future troubleshooting needs.
PEAK shall provide all labor, material, permits, and supervision required to perform the following scope of work during regular
working hours of the elevator trade
- Remove wasting elevator control components and control cabinet
- Install new microprocessor controller m new cabinet
- Perform all required wiring to interface the new control system with other elevator components
- Replace hoist -way components as needed to properly interface with the new control system
Selector and Positioning System
All existing selector and positioning devices shall be removed and replaced with a new selector and positioning system which will be
integrated into new controller equipment and wired as needed to interface properly
Submersible rower Unit
PEAK to Replace submerible power rout with new
Traveling Cable
New traveling cable to be installed to work directly with new control system
Patsehine Roam Wiring
All new wiring between the hoistway and machine room equipment will be furnished and installed according to applicable codes
• Machine Room
Our proposal makes the assumption that the existing machine room will remain and will satisfy all code requirements.
Car Ton laanection Station -
Existing car top inspection stations to be replaced with a new code compliant car top inspection station
Car Operating Panel
A new ADA compliant Car Operating Panel will be provided: New COP will be in a brushed stainless steel finish and will be per
ASME A17-1 2019 °(or current code), including Fire Fighters Phase II operation
*Budding to contract directly with Kmgs3 for video and phone monitoring services and this cost is NOT included in our bid
Hall Fixtures
All new ADA compliant hall fixtures will be provided All fixtures will be in a brushed stainless steel finish and will be per ASME
A 17 1 2019 .(or current code), including Fire Fighters Phase I
Car Door Operator
Replace the existing door operator with new door operator The new door operator will be closed loop and installed as needed to
interface with the new control system
Car and Hall Door Mechanicals
Replace the existing car and hall door mechanical components with new car and hall door mechanicals as needed to interface with the
new door operator, hall and car doors
Final Unlit Switches and Mounting,
New final limit switches will be provided when necessary to ensure proper operation
prailte on Jambs
NewBradle plates will be provided on each entrance side jamb in a manner complaint with ADA regulations
3-D Safety Edge
PEAK to install new 3-D car door safety edge
Hvdraulic Jack Replacement _PEAK will extract the existing jack out of the hole m the ground and replace with a
brand new in ground jack. Once the existing jack is extracted the hole will most likely need to be cleaned ofdebn via a
vacuum truck before re installing the new equipment See "Attachment A" as this is usually an additional cost due to the
fact that we will not be able to determine the length of time we will need the vacuum truck until the existing jack is
removed
In cases where existing elevators are modernized, the State of Colorado mandates that the newly modernized elevator and all of
the elevator components satisfy all local and state mandated code requirements PEAK Elevator will ensure that the new elevator
components satisfy all local and state mandated code requirements for the items related to the scope of work listed above in this
proposal.
The state of Colorado ALSO mandates that all other equipment associated with the newly modernized elevator be brought up
to latest adopted elevator code per regulations. In order to satisfy this state mandated requirement, there are other building
items that are associated with the existing elevator that need to be modified, replaced or upgraded. One of these items has to
meet the new 2019 code mandate, as of.tahuary 2022, that cab view mast be installed In all elevators heung upgraded. This
means you must have 24/7 emergency phones and monitoring, that have video capabilities. Customer agrees to either provide
this service through a verified vendor or contract with KINGS III for ell elevator phones and monitoring, required by code.
Customer will contract directly with KINGS HI to provide this service The contact for KINGS iHI is Den Hendrickson and he
con be reached at 303-946-9709 PEAK will assist the customer in coordinating with KINGS III for this code required service.
PEAK holds no habrhty for phone monitoring.
PEAK Proposal 0606230741 DA
Page 2 0112
PEAK Elevator shall not be responsible for replacement of or modification of any work that may be required that falls outside
the scope of work listed above in this propene' However, PEAK Etevatorwltt assist with the "coordination efforts" for work
by other items
PEAK Elevator has provided a list of "WORK BY OTHERS" below which can be used as a guideline for achieving such code related
items
Upon Completion of the modernization project, PEAK shall recommend a state certified QEI to the owner / owner's representative as
state requirements disallow PEAK from retaining an inspector for our work Upon the owner choosing an inspector, PEAK shall arrange
fora proper inspection and document upgrades to the State of Colorado requirements
Work by Others (Included in price): Most of the below components will already be in place as you already have an
existing elevator PEAK will help the customer discover what will be needed
Mainline Power Feeders
The current mainline piping and wiring from the disconnect to the new
controller may need to be relocated to accommodate the new controllers A
ground wire must be added if it does not already exist.
Cab Lighting
A single 110 circuit must be run to each controller This circuit must be
run through a disconnect or switch that is lockable in the on or off position
The location of this switch must be coordinated vnth the elevator mechanic
on -site
GFl Outlets
All outlets in the machine room and/or the pit, must be retrofitted with GFI
outlets per code
Light Guards
All lighting in the machine room and/or pit, must be retrofitted with code
compliant guards made of grounded metal, plastic or comparable
Phone
Code requires a single phone line per elevator to be run in conduit to the
controller This line must have a normal dial tone outside line Please note,
analog systems will not interface with communication and phone failure
system. Phone line must be capable of interfacing with communication
failure system CabView must be installed, per 2019 code PEAK works
directly with KINGS 111 to provide this new phone system and will assit the
customer in coordinating with KINGS III to ensure this code required item
is installed Customer will contract directly with KINGS Ili for this service,
Disconnects
The main power elevator disconnects must be code compliant, fused and
lockable or shunt trip breakers, and must be capable of locking in of
position The disconnects need to be located within clear site of the elevator
motor
Fire Recall
Combined with the modernization to this elevator, main and alternate floors
flee recall is required Smoke detectors must be installed, if not pre-
existing, at every lobby, in the machine room, and in the hoistway (if
sprinklers are present). Smoke detectors in the hoistway have to be
mounted on an access panel that can be serviced from outside of the
hoistway. This panel cannot be greater than 2' x 2' Fire recall system must
also have flashing hat feature
s
If the sprinklers are altered or installed in the machine room and/or the
horstway as part of this modernization, a heat detector must be installed
within 18" of every sprinkler head in the machine room and the hotstway
overhead These heat detectors must activate a shunt trip disconnect
located outside of the elevator machine room, to remove all of the three-
phase elevator power, prior to the power entering the machine room
�ct�ia�isc�..s�
PEAK Proposal 0606230741 DA
Page 3 of 12
Modifications in Machine Room
Including but not limited to.
• Machine room door must be self -closing and self-locking and have the
proper UL listed fire rating
• Adequate lighting and in proper location in machine room
• GFI outlets
• Light guards
• Disconnects
• Phone lines
• 110V cab lighting dedicated circuits and fused and lockable disconnects
• Pit ladder
• Pit lighting and GFI
• Sprinklers
• Smoke detectors and heat detectors
• Shunt trip disconnects
• Ledges m hoistway
• Windows in hoistway
• Vents in hoistway
• Temperature control in the machine room
TERMS AND CONDITIONS,,
1 Our proposal is submitted with the understanding that PEAK will mobilize to the project site one (l) time for the complete elevator
installation process and return one (1) for the final adjusting/inspection process Should PEAK be required to ncur additional
mobilizations due to circumstances beyond PEAK's control, additional mobilization fees shall be owed PEAK. Remobilization
charges will be based on our current billing rates
2. Payments Schedule:
• 50% of Contract Value
o Due when coctract is signed and prior to beginning the surveying and engineering processor ordering parts
o PEAK shall not be responsible for delays incurred or schedules impacted due to delays in receiving payments
a 25•% of Contract Value
o Due two weeks after the start date Will be billed upon scheduling the start of the project
o Remainine 25_56 of Contract Value
o Jnvoiced "onor to" final completion In order to allow ample hate for final payment arrangements to be made
by buildine representative.
PEAK will invoice once the elevator cordon of the modernization is completed. Final immanent in t411
is due at time of pool completion of the elevator scone of wont and prior to the elevator being placed
back into service Customer agrees to pay the Neat invoice sane the elevator portion of the work is
done
• PEAK shall not be responsible for delays of work or payments due to work by others or third -party
entities
• PEAK shall not be responsible for delays incurred or schedules impacted due to delays in payment
• All invoices must be paid prior to PEAK turning elevator back over for public use or delays will
occur
PEAK Proposal 06002307412A
Page 4 of 12
The payment schedule remains in force even m the event of non-payment by a thud party and/or m cases where contractors have
not been paid by building ownership PEAK reserves the nght to postpone engineering process, drawing approval process, material
delivery, project start and/or suspend work or services for non-payment Additionally, in cases where payment arrangements have
been made and agreed upon in writing by both parties, If payment m full is not received according to contractural agreement,
invoices will bear interest at the highest allowable amount according to state gtudaace and shall be calculated from the invoice
date Payments thereafter will first be applied to accrued interest and then to the unpaid principal. If collection procedures are
necessary to obtain balances due from Purchaser, Purchaser shall be required to pay any and all balances then due, interest thereon,
and all reasonable attorney fees and/or collection fees, and litigation costs necessary to recover such amounts Purchaser agrees
and acknowledges collection expenses, including without limitation attorney fees, shall be due upon engaging an attorney In
states requiring notice prior to filing a lien, this notice requirement is hereby complied with
3 Should you decide prior to the start of the contract to cancel the project, if PEAK Elevator, LLC has already purchased parts for
your property, you will be responsible for paying for the parts that PEAK purchased
4 PEAK will work with the customer to assist in finding a "work by others" contractor, if requested The price from "work by
others" contractors, is not included in this bid price Should any remobiltzation and "stand-by" be required by PEAK that was
- due to circumstances beyond PEAK's control, due to contractor delays, third -party delays or customer delays, a separate invoice
will be sent for that time
5 Permits are part of any modernization process PEAK Elevator has zero control over the permit process and timing DFD is the
lunsdictian having authority Once we have all electrical, fire and sprinkler permit log numbers, where applicable, by the work by
others, PEAK can then apply for the permit If the work by others contractor does not provide PEAK with these numbers, where/if
applicable, we cannot apply for a permit. Once we do apply, the permit process can take up to 4 months to obtain Again, PEAK
has zero control over this process and can only wait for the AtJ to approve the permit Your scheduled start date will be determined
by the date we receive the permit NO work will ever begin on a project, until apermit n m hand
6 PEAK's modernization services shall be performed between the hours of 730 aim and 4 00 p m Monday through Friday, local
property time and in accordance with PEAK'S standard contract pertaining to "regular -time" hours and working days
7 The delivered material shall remain the property of PEAK and PEAK shall retain title thereto until final payment is made
5 PEAK shall not be responsible for the abatement or disposal of any hazardous materials that may be discovered within the building
structure as a result of the work required to perform this upgrade
9 PEAK specifically excludes any/all cutting and patching required for the proper removal and/or installation of the elevator system
or any of its components
10 PEAK requests that the owner provide necessary mom in the fire command room for applicable elevator fire status panel, if
applicable
I l PEAK assumes that safe, clean, dry storage shall be provided near the hoistways
12 PEAK is submitting this proposal based upon ASME Al 7 1-2019 or current appllcapable code
13 PEAK specifically excludes any and all engineering costs associated with building supports for machines, sheaves, controllers,
hydraulic components, hoisting means
14 PEAK shall not be responsible for any indirect, incidental or consequential damages PEAK'S liability and liquidated damages
under any circumstances shall be no more than 5% of the Proposal value of the Equipment concerned
15 fins letter shall become part of any contract executed between purchaser and PEAK
16 PEAK shall not be liable for any loss, damage, claim or delay due to any cause beyond PEAK's control tecludmg, but not limited
to, acts of government, stnkes, lockouts, fire, explosion, theft, floods, not, civil commotion, war, malicious mischief, or acts of
PEAK Proposal 06082307410A
Page 5of12
17 The Purchaser agrees to indemnify, defend and hold harmless PEAK from any loss, damage or claim for damages or injuries,
including death, connected with the use or operation at the Equipment Should damage occur to PEAK'S material or work on the
premises, where work is to be or is being performed, by fire, theft or otherwise, the Purchaser is to compensate PEAK therefore
PEAK's obligation to defend, indemnify and hold Purchaser harmless shall be limited to the extent a claim for damages or injuries
results from PEAK's negligence acts or omission or willful misconduct, but not the negligent acts or omissions or willful
misconduct of others.
Is The Elevator Contractor shall warrant and guarantee all equipment provided and installed under this Contract for 12 months
against defects m the materials and workmanship and will correct any defects not due to ordinary wear and tear, improper use or
care, or lack of maintenance which may develop within 1 year from the date of acceptance and being placed into operation The
Smartnse elevator controller will receive a five year manufacture warranty. This work is only to be completed during normal
business hours Should a call be placed after normal business hours (8 00AM - 4 30PM), on the weekend or on a holiday,
PEAK will charge the customer with the overtime charge for PEAK to come out outside of normal business hours This
warranty is NOT intended to supplement normal maintenance service and shall not be construed to mean that the Elevator
Contractor shall provide free service or penodic examination, testing, lubrication, or adjustment due to normal use, beyond that
included in the Contract, nor shall the Elevator Contractor correct, without charge, trouble arising from abuse, misuse, improper
and inadequate maintenance, or any other causes beyond the Elevator Contractors control
END OF SECTION
PROJECT SCHEDULE
19 Project Schedule Shall be as follows
o Upon fully executed contract, and once PEAK has received the down payment, PEAKshall engage in project survey
process - 1-2 weeks
o PEAK will submit Surveys to Vendors •(1-2 business days after all surveys have been completed)
Engineering / Drawing approval process --- 2-3 weeks
o Average engineering and drawings approval times are listed however, PEAK has no control over the
engineering / drawing process and cannot be responsible for delays due to
o Client failing to review /approve drawings in a timely manner.
Vendor backlog causing delays
® Delays beyond PEAK'S control
e Upon engineering and drawing approve! by client, PEAK shall approve vendors to begin manufacturing
• Material manufacturing Lead-times —10-12 weeks from date of final approved and signed approval drawings
o Manufacturing lead times vary and PEAK cannot be responsible for manufacturing delays.
Shipping — 1 week
o Materials are delivered and materiel payment is made
o PEAK will not deliver the materials until material payment has been received by PEAK
Installation --- 5 weeks
"PRE" Inspection/testing —1-3 working days
Find testing —1-3 days
o Final testing must be scheduled with work by others contractors, local authorities and in some cases, fire
department personnel
o PEAK cannot be responsible for delays in getting the aforementioned parties on site and delays beyond our
control
Tum over to customer for public use
PEAK WILL NOT RETURN EQUIPMENT TO CLIENT FOR PUBLIC USE UNTIL ALL PAYMENTS HAVE BEEN
RECEIVED BY PEAK
PEAK Proposal 0606230741DA
Page 6 of 12
PRODUCT PICTURES: EXAMPLES
SNARTRYSIE CONTROLLER
SMART
CAR TOP INSPECTION STATION & WIRING:
ISE
PEAK Proposal 06D6230741 DA
Page 7 of 12
Car Overatiaa Panel and SIGNAL. FIXTURES
DOOR OPERATORS:
PEAK Proposal 0808230741DA
Page 8 of 12
Components of a
Hydraulic Elevator System
Hydraulic alev -- nre powered "a piston shot travels Insltle 4 cyllntler controlOng
the ascent and descent of the etavator cab The piston Is controlled by an electric
motor and valve system that regulates the flow of oa to the cylUder for a smooth ride
While there are several types of hydraulic elevator the example below Illustrates the
components that make up a conventional hydraulic systems The maximum travel
distance for an elevator of this type Is approximately 18 mitred. (6o feel)
Shaft
Halatway serltahes
Ca► Re6are or
Guido SFoes
Pealdonin s System
=Car Top
Z. Hatch
Door Operator
Cab Door
Car Ptmh Button or COP
Cm Operating Panel
Car Platform
car Sin
Too Guard
Travelling Cables
Posatlorting Ind Icator
a landlrlg lndld:ator
Hall Door or
landing Door
Landing Puohbutton
Hall frames
Hall tall
Pat Area
Car Buffer
Pit Steel
Cylinder PVC C.c.s,
Cylinder
F
Hoisting or lifting beam
Overhead apace
Guard Rail
Cab
Sway Bars
Sling
Rail Brackets
Guide Rails
Interlock
Contraltlr
Hlwator Machine
Roorn
Valve WkaMer
Shut aN trallo
Pump
F{ydraullc Oil Supply Line
Hohaway tvatchea
Plston Stop Ring
PEAK Proposal 0606230741DA
Page 9 of 12
ELEVAT
Cub Re —W 1— (Included in twice) PEAK to remodel the existing cab with new laminate panels (color to be selected
by owner), new SS reveals, one (1) S5 handrail, Aluminum framed SS LED Drop -down ceiling, existing COP (Car
Operating Panel) to be removed and re -installed —Alt. Price: S18.500.00 (Should ownership wish to have a different
design, a virtual design session can be set up for NO charge additional cost, final price subject to change depending on
selection
Intuit there To Select
Thank you for the opportunity to submit our proposal for this project Our proposal for this portion of the project is for the net sum of
$209,17500 (Two Hundred Nine Thousand One Hundred Seventy Five and 00/1001) If you should have any questions,
comments or concerns, please do not hesitate to call
Execution.
In witness thereof, the parties have executed this agreement as of the effective date
Sincerely,
PEAK Elevator Accepted by
Avth i Abbe Le Printed Name
Title
Dan Abbate
Sales Executive Firm Name
Date
This offer, when accepted by purchaser and countersigned by an officer of PEAK, will be the entire agreement between parties This
offer, if accepted on any other form or document or if the leans are amended, shall not be binding on PEAK unless countersigned in
writing by an officer of PEAK.
Approved by — PEAK Elevator Corporate Officer
PEAK Proposal 08062307410A
Page 10 of 12
ATTACHMENT
"A,,
Hydraulic Jack Cylinder Removal and Hole "Cleaning" Clause
Hydraulic Jack Assembly removal and hole "cleaning" processes expose the customer to unknown
underground nsks which can make the removal of the existing jack assembly difficult, or impossible Once
the existing jack assembly is removed from the hole, it may be necessary to dnll/vacuum, or "dean°, the
gusting hole to obtain the proper "clear" depth required for installation of the new jack assembly Until the
existing jack assembly is removed, d is impossible to determine the condrton of the existing hole and whether
or not d is cased, and plugged, and will remain 'open°
It is hereby stated that PEAK Elevator Performance Group (PEAK) does not know, and cannot predict, the
true underground conditions and whether or not the hole will remain 'open' to its full depth once the existing
jack assembly is removed It is PEAK's expert and ethical opinion that issues related to elevator holes caving
in, or otherwise becoming obstructed, and preventing installation of a new jack assembly are rare However,
purchaser must understand that difficulties may occur and the purchaser bares this risk
In the unlikely event PEAK encounters unusual difficulty extracting the wasting hydraulic jack assembly or
'cleaning" the existing hole to proper depth, PEAK shall immediately cease all work and consult with
purchaser to develop the best plan to complete the project in a safe, cost effective, timly manner It is hereby
understood that all additional costs such as the use of a vacuum truck, indoor dnthng nos, compressor rental,
Jack hammer rental, specialty tools necessary for the jack extraction, or purchasing customized jack
assemblies shall be the responsibility of purchaser and not PEAK.
In the event a vacuum truck and/or drilling equipment Is required, purchaser shall compensate PEAK et a
standard hourly crew rate for PEAK'S assistance in overseeing such assignment and managing this section of
the project
PEAK Proposal 0606230741 DA
Page 11 of 12
PEAK is pleased to provide you with our proposal to provide the vacuum services that are required by the
vacuum seance company and PEAK's portion of the labor necessary to assist the vacuum service company
in vacuuming out the existing sods that are in the hydraulic tack hole
PEAK has attached below, the vacuum service companies' charges and PEAK's labor rates to assist the
vacuum service company in performing the work necessary
I Our proposal is based upon the following
® Hydraulic vacuum services
o Vacuum services Moll be provided according to the following
® Vac Truck 4 hr minimum @ $275 00 per hour port to port
® Disposal $35011,000 gals
® Fuel Surcharge $29 00
• PEAK's labor to aeAt with the vacuum sar vtcea.
o PEAK's hourly rate to assist the vacuum service company is $880 62 per crew hour
o PEAK's hourly rate will start when the vacuum service company amves on site and will end when
the vacuum service company has completed with vacuuming and removing all sods from the jack
hole
PEAK Proposal 0006230741 DA
Page 12 V12
SCOPE OF WORK
Law Administrations
Elevator Modernization
PROJECT OVERVIEW:
This project consists of a design/build contract for the turn -key full modernization of the elevator
located at the Law Administration 1950 O Street, Greeley, Colorado 80631 The existing elevator is
registered with the State of Colorado Department of Labor and Employment with the following
information
Description
State
Elevator
0 Of
Registration ID
it
Drive/Type
Stops
Elevator
CP08-002693
Hydraulic
2
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 documents and specifications have been provided per the following attachment to this bid
PROJECT SCOPE.
The scope of this project is for the complete modernization of the above specified Law Administration
elevator This will include all work as outlined in the documents provided
1 Contractor will be responsible for procuring and executing all scopes of work as outlined and specified
in the projects contract documents that have been provided during this bid request per the attachment
outlined above This will include but not limited to all associated tabor, materials, and equipment It is
the contractor's responsibility at the time of bid submission to ensure that all project specifications and
requirements have been included per the project documents provided
2 This scope of work will need to be coordinated with the Weld County facilities project manager to
obtain access and confirming hours of the location specified in Attachment B
ATTACHMENTS:
The attachments listed below will become part of this bid and are available on BidNet
> Attachment A Weld County project documents
> Attachment B Photos and Location
PROJECT SPECIFIC TERMS AND CONDITIONS:
1 This is a design/build tum-key modernization Therefore, all work regiured to be accomplished (i e ,
electrical, mechanical, elevator, architectural modifications, etc ) shall be included in the bid price and
construction/modernization schedule This shall mclude all additions, alterations, and new work required
to ensure full modernization and code compliance is achieved.
BID REQUEST #62300120 Page 9
2. Contractor to provide a design that is to be reviewed and approved by Weld County prior to elevator
material procurement. The design shall include a full modernization of the complete elevator system.
3. 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.
4. The contractor will provide a full-time qualified representative on site while any work is being
performed.
5. Contractor shall not commence work until all parts have arrived.
6. Contractor is responsible for having an up-to-date list of employees accessing the building.
7. This facility is operational Monday — Friday 7:00 am to 5:00 pm. All work will be done during regular`
hours.
8. Any partitions and or containments that may be needed for the contractor to perform their scope of work
will be the contractor's responsibility.
9. 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 have to clean or move materials or
equipment that were not properly stored the contractor will assume all associated costs.
10. Contractor will be responsible to provide any temporary lighting or power that may be needed to
complete the scope of work.
11. Contractor to provide labor and material as required to fully modernize the existing elevator components
with one that is fully code compliant. This modernization should be non-proprietary and should include
the maximum level tool(s) needed for future troubleshooting of anomalies/components.
12. Replace the controller, submersible power unit, cab door operator, clutch, double -bottom jack unit
(cylinder/piston/protective liner), pumping unit, pick-up rollers, and interlocks.
13. The following equipment should be retained: hoist way entrances, doors, pit equipment, rails, and
counterweights.
14. Replace door hanger rollers.
15. Machine Rooms: bring access and rooms into compliance with current codes.
16. Fire System interface/recall: bring into compliance with elevator/fire codes. (Smoke detectors, shunt
trip, etc. as required by code). Contractor to include pricing for all fire alarm scopes of work to complete
elevator modernization.
17. Upgraded signals, personnel access, and phone will comply with Americans with Disability Act and
OSHA.
18. The interior of the car will be updated as necessary to bring into ADA compliance.
19. Once work has commenced (e.g., elevator taken out of service) the contractor shall be allowed 6 weeks
to complete all work.
20. Elevator speed must remain 100 feet per minute as a minimum.
2L Room/pit beater must be replaced and be thermostatically controlled.
22. Sump Pit must meet applicable codes and receive new pump and motor.
23. Machine room/pit improvements must meet ventilation requirements.
24. Include detailed scope of work included/excluded in bid.
25. The completed work must be inspected and passed by a certified inspector who is currently licensed
with the Colorado Department of Labor and Employment Division of Oil and Public Safety to perform
inspections.
PROJECT CLOSE OUT:
1. Contractor will provide all manufacturer's warranty documentation as web as all equipment manuals.
2. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain
all warranties.
3. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County
personnel associated with this project.
811) REQUEST #82300120 Page 10
4. At project close-out, provide all maintenance manuals, including operation and maintenance
instructions, parts listing with sources indicated, recommended parts inventory listing, emergency
instructions, and similar information. Include all diagnostic and repair information available to
manufacturer's and installers maintenance personnel. A digital copy of these records to be reviewed and
approved by Weld County. After review and approval, the contractor will be required to provide 2 (two)
hard copies of these records to the Weld County Project Manager.
WELD COUNTY STANDARD TERMS AND CONDITIONS:
1. All damages to building structure and finishes shall be repaired to original condition as a part of this
contract.
2. Licensed contractors are required for all electrical, plumbing, and mechanical work.
3. 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.
4. Contractor is responsible for the coordination and scheduling of alt 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.
5. 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.
6. All lifting and hoisting equipment shall be provided by the contractor as required.
7. The projected contract date is expected to be July 10, 2023. Based on this date, provide expected start
and finish dates for each phase of this project.
8. Work will comply with all applicable Federal, State, and local laws, ordinances, and regulatory
requirements.
9. No bid bond is required for this project.
10. Bids over $50,000 will require a payment (100%) and performance (100%) bond.
11. Performance and payment bonds must be submitted using an AIA-A3 l2 bond form. Other bond forms
will not be accepted.
12. 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.
13, Contractor to include Professional Liability Insurance and (PLI) builders risk insurance.
14. Weld County is a tax-exempt entity.
15. Davis -Bacon and Buy American requirements are NOT required.
26. Contractor will be required to eater 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.
27. Contractor is to provide lien waivers with each pay application.
BID REQUEST #82300120 Page 11
SCHEDULE:
1. Contractor is responsible for providing and maintaining a three week look ahead schedule
throughout the life of this project.
Below is the anticipated schedule for this project:
Date of this Bid May 9, 2023
Advertisement Date
Pro -bid conference
Bid Questions Due
Bids Are Due
Bid Award Notice
Contract Execution
Construction Start
Construction Finish
May 9, 2023
May 23, 2023
May 30, 2023
June 6, 2023
June 26, 2023
July 10, 2023
Immediately following Contract
January 1, 2024
PROPOSED DATES:
Please provide proposed schedule dates with the expectation of contract execution being July 10, 2023.
START DATE t e /I l (
COMPLETION DATE
TOTAL LUMP SUM COST:
rz
r-.
FACILITY
LUMP SUM COST
TOTAL LUMP SUM COST
$ c o 4,
BID REQUEST #82300120
Page 12
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 June 0,2023:
1) Pages 9 thru 14 of the Bid Specifications/Scope of Work.
2) W9, if applicable.*
3) My 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 #82300120 Page 13
The undersigned, by his or her signature, hereby acknowledges and represents that
1. The bid proposed herein meets at of the conditions, specifications and special provisions set forth in
the Request for Bid No. #82300120.
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 spedfications 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 1 i.,t (/a .rr
BUSINESS i/,
ADDRESS r ). i.� 74,r, A-
(Please print)
DATE.CAc•, :
CITY, STATE, (..6J 2!P �, CODE
,47,,,,o cQ4: r'�J
TELEPHONE Q ? `%/ " -,i ' ' FAX TAX ID # ' 2 1r'ig7�/
SIGNATURE '`. • i,- ,::_ �_~� : E-MAIL 4-;"9c.,, crr/ 4,6'7,14,6' -4..,..:.!.:. F_•,.,
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- &
ATTEST:
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board Mike Freeman, Chair
APPROVED AS TO SUBSTANCE:
BOARD OF COUNTY COMMISSIONERS
Elected Official or Department Head
Controller
PSRFB0323
BID REQUEST #82300120 Page 14
CERTIFICATE OF LIABILITY INSURANCE
DATE (MwODKYYY)
o9H 3/2023
TINS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. VMS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE 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 Ws certificate holder is an ADDITIONAL INSURED, the poscy(tas) must have ADOMONAL INSURED provisions or be endorsed.
B SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate doss rut confer rights to the certificate holder In Neu of such endorsement(s).
PRr ca9t
ST�EM.T ten Linville
Brown & Brown of Colorado, Inc.
rPAI/I�,INE�, (303)980-8285 I WnA1tCNek (720) 982-5142
1125 170 Street, Si
Sine 1450
A GES.6b; ren.Nnvil bbrown.com DDRe
INSURER., AFFORDING COVERAGE
NAIL 0
Denver CO 80202
...RA, Great American Insurance Company
37532
INSURED
RisRRER e , Firemen's Insurance Company of Washington, D.C.
21784
PEAK ELEVATOR, LLC
8N8uRER C , Liberty Insurance Un06/101 tens, Inc.
19917
5405 W. 58th Ave., Unit E
RisRRER D, Pinner& Assurance, Inc.
41190
Arvada CO 80002
INSURER E:
ellh .. P
COVERAGES
CERTIFICATE NUMBER: 23-24 Master
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED- NOTWNTHSTANDING 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 I5 SUBJECT TO ALLTHE TERMS,
EXCLUSIONS AND CONOMONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
T
TYPE OF INSURANCE
MSC MCI
POLICY NUMBER
POLICY EFF
Puut 1YYYYj
POLICY EXP
fMMioOrn l
mars
A
X COMMERCIAL°maim. LImeuvY
CLAIMS -MADE ® OCCUR
Po828OnLlablcty-S1,000,000
Y Y
GLP132482708
05!0312023
05/03/2024
EACH OCCURRENCE
$ 1.000.0
kB
ArEMIZS7r'eta
PREh1�StFa amnersa)
S °C.•..°
BEDt7p/5 eAwww,
$ 10,000
PERSGNALaA0,,,,uRY
s 1,000,000
GEN'LAGGREGATE UNIT APPUES PER:
POuCY .fir ® LGc
OTHER:
GENERALAGGRE:GATE
a 4,000,000
PRGDucrs-CONFrOPAdo
s 4,000.000
M. Aggregate
s $10,000,000
B
{
AUTOMOBILE LMMIUTY
X ANY AUTO
"` .....
AUTi.OS ONLY
,_,_ AUTOS ONLY
--" SCHEDULED
AUTOS
_,_ AUTOS ONLY
Y Y
CPA3224274
-�
05/73/2023
05/03/2024
,4B(,ECT4=0 SINGLELIMIT
s 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Perse aNe0
$
PAOPERTY DAMAGE
S
f
C
X UMBRELLA UAB Dee,
880008 We �, Ayds 08955
Y Y
100050968701
05/03/2023
05/03/2024
EACH OCCURRENCE
$ 5'..'.
AGGREGATE
S 12,500.000
our I X4 RETENn°N S 0
8
0
WORKERS COMPENSATION
AND EMPLCWERS' LIABILITY YIN
NIA Y
4198225
05/01/2029
05/01/2024
I XPERTUTE I 1OTH-
STAER
El...HAM... ACCIDENT
t 1,000,000
ANY PROPRIETL7RlPARTNER/El(ECUTIVE
OFFFCFJt1MFS,IBERIXCWDED7 ❑
HM�y!re,, In Nor
OF,SCWPiION OF OPERATIONS below
E.L DISEASE - EA EMPLOYEE
$ .0.0°
E.L DISEASE • POLICY 0817
s 1,000,000
B
Employee Theft
CPA3224274
05/03/2023
05/93/2024
Theft Per Claim
525,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101, Additional Rms. Schedule, may be Mend d 1 more specs Is required!
RE: JaN Blevabx Modernization Contract
Skid County is named as Additional Insured as per written contract A Waiver of Subrogation applies. Coverage 's Primary and Non -Contributory. Umbrella
follows form.
All policy terms, conditions and exclusions apply.
CERTIFICATE HOLDER
CANCEL
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Weld County
1105 H Street
ACCORDANCE WITH THE POLICY PROVISIONS.
Greeley CO 80831
AUTNOMBEG REPRESENIATIVE
y# 6.4.4,
ACORD 26 (20161011
tti 1988-2018 ACORD CORPORATION. All rights reserved.
The ACORD name and Iogo are registered marks of ACORD
New Contract Request
Entity information
Entity Mame °
PEAK ELEVATOR LLC
Entity ID.
@00042055
Contract Name*
LAW ADMINISTRATION BUILDING ELEVATOR
MODERNIZATION
Contract Status
CTB REVIEW
❑ New Entity,
Contract ID
7166
Contract Lead.
SGEESAMAN
Contract Lead Email
sgeesamao@co weld co us,I
redfernntueldgov corn
Contract Description'
UPDATE AND MODERNIZE THE LAW ADMINISTRATION BUILDING ELEVATOR
Contract Description 2
Contract Type
CONTRACT
Amount
$209,175 00
Renege*
NO
Automatic Renewal
Grant
ICA
Parent Contract ID
Requires Board Approval
YES
Department Project*
Department Requested ROCC Agenda Due Date
BUILDINGS AND GROUNDS Date. 07,06'2023
07-10-2023
Department Email
CM-
BuddingGrounds@weldgov c
om
Department Head Email
CM-BuildingGrounds-
DeptHead@weldgov corn
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEYEWELDG
OV COM
Willa work session with SOCC be required,'
NO
Does Contract require Purchasing Dept. to be included,
YES
Bid/RFP #Y
B2300120
If this is a renewal enter previous Contract ID
If this is part of a &SSA enter MSA Contract ID
Note the Previous Contract Number and Master Serances Agreement Number should be left blank If those contracts are not in
OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Review Date*
1227,2023
Committed Delivery Date
Rents al Date
Expiration Date*
12 27 2023
Contact Type Contact Email Contact Phone ➢ Contact Phone 2
Purchasing Approver Purchasing Approved Date
CHERYL PATTELLI 07 , 1 1 , 2023
Approval Process
Department Head
TOBY TAYLOR
DH Approved Date
07110;2023
Final Approval
MCC Approved
MCC Signed Date
MCC /Venda Date
07,17/2023
Originator
SGEESAMAN
Finance Approver
CHERYL PATTELLI
Legal Counsel
KARIN MCDOUGAL
Finance Approved Date Legal Counsel Approved Date
07.10;2023 07,11 .2023
Tyler Reff#
AG 071723
Wilk
DZMOD
LIFT CO.
ffflibanoflheStne SY
5978 Elk Song Trl Golden, CO, 80403-8194 United States
Direct: (855) 888 - 8624
Cell: (720) 737 - 5391
1
PROPOSAL FOR ELEVATOR MODERNZATION
SERVICES (WELD COUNTY ADMIN. ELEVATOR)
DZMOD & LIFT is pleased to present our proposal for providing all associated Material and Labor for the elevator on your
modernization project. At DZMOD we aim to enhance the safety, efficiency, and overall functionality of the existing elevator
infrastructure. With our expertise in project supervision and skilled labor, we are confident in our ability to deliver a seamless
installation process that meets your specific needs and exceeds your expectations. Pricing is based on Davis Bacon Wage
Determination, and bid documents provided.
Summary of the Proposal
The primary reason for this proposal is to provide Materials and labor for a complete Modernization. Your equipment will be installed
to meet current safety standards and operate with optimal efficiency under the code outlined in the bidding documents. DZMOD will
not only improve its reliability and performance but also extend its lifespan, reduce energy consumption, and enhance the overall end
user experience.
How We Can Best Support Your Needs
To ensure the success of this modernization project, we will provide comprehensive project supervision, overseeing all aspects from
initial acceptance of material delivery through to final inspection for our work. Our team of experienced professionals will coordinate
with you and necessary parties, manage timelines, and ensure that the project stays within schedule. In addition, we will supply the
necessary skilled labor to execute the installation process efficiently. Our technicians are trained in the latest elevator technologies and
safety protocols, ensuring that the modernization is completed to the highest standards.
By partnering with us, you can expect:
i . Expert Project Management:
Photos.
2. Quality Assurance:
3. Tailored Solutions:
4. Minimized Disruption:
Detailed oversight to keep the project on track with submission of Weekly Reports &
Skilled labor that adheres to stringent safety and quality standards.
A modernization installation plan customized for the location.
A commitment to completing the project with minimal disruption to Weld County.
We are dedicated to delivering a modernization solution that not only meets but exceeds your expectations, ensuring the long-term
reliability and efficiency of the elevator system.
Scope of Work
DZMOD shall provide all Materials, labor, and install for the upgrades to one Hydraulic Elevator. We will be responsible for the full
and complete installation of all equipment supplied by DZMOD, including conduit and wiring, necessary for the proper operation of
equipment.
The scope of work includes:
Modernize/Upgrade one Elevator as detailed in specification.
0 Provide Warranty Maintenance and Inspection Services as outlined in the specifications.
0 Attend Progress Meeting and provide closeout training to Maintenance Personnel.
Following is a complete list of all project deliverables:
Deliverable Description
Demolition/Storage
Provide demolition to all equipment being replaced and remove equipment offsite and dispose of in a
code compliant manor.
Installation of new / refurbish
Replace elevator controller, selectors, wiring, hall and car fixtures,
New FABCAB cab Interiors, door operator, and Power Unit.
Testing
Provide testing as required by the bidding documents.
Warranty
Time Lines
Provide Warranty services as outlined in the specifications.
The project will take approximately 3-4 weeks to complete.
Supplied Tools
DZMOD will provide all tools for the Modernization of the elevator.
Unrealized or missing materials that are claimed to be onsite.
DZMOD will not be responsible.
Upon signed contract we will do a complete survey of entire job.
PRICING
The following table details the pricing for delivery of the services outlined in this proposal. This pricing is valid for 30 days from the
date of this proposal:
Services Cost Category #1
Price
Smartrise controller payoff for Passcode
$8,600.00
•
2
V
Weld County Admin.
Elevator
Modernization
$101,800.00
Bonding is included in this
price
$3,000.00
TOTAL:
$113,400.00
Disclaimer: The prices listed in the preceding table are an estimate for the services discussed. This summary is not a warranty of final price.
Estimates are subject to change if project specifications are changed or costs for outsourced services change before a contract is executed.
Payment terms
DZMOD will require the following:
30% Deposit upon signed agreement or purchase order
10% Upon Commencement of the project
0 60% would be billed as progress payments monthly
CLARIFICATIONS FOR ELEVATOR WORK
1. We have made provisions for permits.
2. We have made provisions for bonding.
3. We have not included any Associated Building Work outside of the Elevator Trade. Carpentry, Electrical, HVAC, Generator Services, Painting, Sump pumps
and plumbing and fire alarm is by others.
4. We have made no provisions for dumpsters.
5. We have made no provisions for off hours work if required. Should we choose to perform work off hours, the decision will be made by DZMOD.
6. We have made no provisions for lead testing or abatement services.
7. Any additional material costs will be subject to a contract cost change.
8. Three-phase power and a fused disconnect run to the elevator machine room and three- phase power run to our starter (in conduit) is by others.
9. Separate 120 -volt lighting circuits with disconnect ground fault protected to our controller in conduit is by others.
10. Provide onsite storage of approximately 20' x 25' for each elevator or suitably sized C -Container. If this can't be provided General Contractor or Owner must
pay for offsite storage. The building owner and/or general contractor are responsible to provide adequate site security at all times during normal business hours
and off -hours. It is the building owner and/or general contractor's responsibility to provide a 20' x 25' secured dry storage area inside the building adjacent to
the elevator hoistway(s) for tool and elevator material storage. If not supplied on site, DZMOD must be compensated for stored materials prior to elevator
installation.
11. Water proofing of elevator pits is by others.
12. All lighting in the machine room, elevator pit and in the hoistway per plans and specifications is by others.
13. Traffic analysis/studies are not included in this proposal and if required are to be by others.
14. Air purification systems, ventilation systems or any type of exhaust systems, during construction for welding, etc. are to be supplied by others.
15. All hoistway ventilation is to be by others (if required).
16. All heat sensors, smoke detectors, sprinkler systems, sprinkler cutoff, shunt trip breaker and flow switch if required.
17. Lifting beam required at top of hoistway is by others.
18. Divider beams or support beams for guide rails are by others.
19. Intermediate guide rail supports, if required, and any framework, special brackets or attachments are by others. If hoistway is other than masonry construction
structural guide rail bracket attachment points are to be provided by others.
20. Access doors, panels, platforms, grading, staircases, when and if required for machine rooms, machine spaces, control rooms, control spaces, and/or overhead
areas per code, etc. to be provided by others.
21. Closing in of all doorframes, grouting, patching, caulking, and fire caulking of hoistway and machine room as required.
22. Reasonable parking spaces, one (1) per crew, are to be provided by the GC, or additional cost must be added for offsite parking.
23. Telephone lines. The telephone line is to be run to our controller (in conduit).
24. Remote conduits and wiring from the machine rooms to any location for items such as fire alarm systems, emergency power systems, communication, P.A.
systems or remote -control systems of any type are by others.
25. Sump pumps in pit with grating if required by others, unless mentioned as an alternate price.
26. Emergency power generator and proper signals are not included.
27. Special Barricades (Outside of OSHA requirements) if required are by others. Materials for OSHA barricades is the responsibility of Delaware Elevator.
28. Any cams or guards to correct projections, setbacks, or offsets in hoistways, if necessary are by others.
29. Professional Engineer Stamps/Certifications.
30. We do not include any professional or certified fire caulkers or fire spraying of any disturbed areas in or around our work.
31. No security card or security access readers are provided, only coordination and provisions in controller.
32. No composite clean-up crews will be provided. We will clean our work area only, daily.
33. Spare parts and spare parts cabinets are not included.
34. Any x-raying, ground penetrating radar or core drilling.
35. DZMOD does not include additional materials for out of the ordinary pit structures, or deep pits.
36. No operator hours for temporary construction hoist, for point up, or anything unless negotiated up front and in the Contract.
37. DZMOD will mobilize after completed and dried in hoistway and machine room are complete with either temporary or permanent power to the jobsite is
provided. We will demobilize when complete and allow for a second mobilization for final adjusting/testing once all coordinated and required other trade work
is completed as needed for our final test. Any additional mobilizations due to lack of coordination or completion of other trades and/or GC will be billable at
$3,500 per mobilization. If additional mobilizations are required due to DZMOD falling behind schedule, after the above requirements have been satisfied, there
will be no charge for additional mobilizations.
38. re -mobilization charge. Fire Alarm and telephone hook-ups, etc. should be performed at the end of the install while on site, or during our last mobilization for
adjusting and final testing.
39. In the event DZMOD must work shift work or overtime, the responsible party is to pay premium/overtime rates.
3.
We look forward to working with We are confident we can meet the challenges ahead and stand ready to partner with you
in delivering an effective elevator modernization project. Please send a purchase order to get started.
If you have questions on this proposal, feel free to contact me at your convenience by email at deonyoung@dzmod.com or by phone
at (720) 737 - 5391. We will be in touch with you next week to arrange a follow-up conversation on the proposal.
A detailed Modernization schedule timeline will be created upon award but here is our rough timeline
1/6/25 - Award
1/13/25 - Notice to proceed
1/13/25 - Site Survey
1/13/25-2/3/25 - Start Demo and Installation
2/3/25-2/5/25 - Adjusting/Pre-testing
2/6/25--2/7/25 - 3rd Party Inspection/Turnover
Thank you for your consideration,
Deon Young
Deon Young
Chief Executive Officer
http://ww w . dzrnod. corn/
4
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 100289009
AM Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applkable.
CONTRACTOR (Name and Address):
DZMOD Lift Co.
5978 Elk Song Trail
Golden, CO 80403
OWNER (Name and Address):
Weld County, Colorado
1150 0 Street
Greeley, CO 80632
SURETY (Name and Principal Place of Business):
Merchants National Bonding, Inc.
6700 Westown Parkway
West Des Moines Iowa 50266
CONTSTRUCTION CONTRACT
Date: 01/20/2025
Amount: ($113,400.00) One Hundred Thirteen Thousand Four Hundred Dollars and NO/I00THS
Description (Name and Location): Law Administration Elevator Modernization Project, Contract ID #7166
Weld County Law Administration Building, 2110 0 Street, Greeley, CO 80631
BOND
Date (Not earlier than Construction Contract Date): 01/31/2025
Amount: ($113,400.00)
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company:
DZMOD Lift Co.
Signature:
Narne and Title: Deon Young
Owner
(Any additional signatures appear on page 3)
(Corporate Seal)
(FOR INFORMATION ONLY Name, Address and k!ephone)
AGENT or BROKER:
HUB International Insurance Services, Inc.
2000 S. Colorado Blvd., Tower II, Suite 150
Denver, CO 80222
(303) 893-0300
El None Q See Page 3
SURETY
Company:
Merchants National Bonding, Inc.
a
Signature: »..,
Name and Title: Christina L. ownsenc, tcey-1n-Act
Attorney -In -Fact =;j '
•
•
0
•
R CI I
tei
rod
r
OWNER'S REPRESENTATIVE (Architect, Engineer or other
ref3:
ertex Companies, LLC
2420 W. 26TH Ave., Suite 100-D
Denver, CO 80211
(720) 749-8172
NA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • MA 0
THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW ' .C. 20006
EXHIBIT
C -
A312 -1984 1
1 The Contractor and the Surety, jointly end severally, bind
themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract, the
Surety and the Contractor shall have no obligation under
the Bond, except to participate in conferences as provided
In Subparagraph 31
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after
31 The Owner has notified the Contractor and the
Surety at its address descnbed rn Paragraph 10
below that the Owner is considenng declaring a
Contractor Default and has requested and attempted
to arrange a conference wrth the Contractor and the
Surety to be held not later than fifteen days after
receipt of such notice to discuss methods of per-
forming the Construction Contract If the Owner, the
Contractor and the Surety agree, the Contractor shall
be allowed a reasonable time to perform the
Construction Contract but such an agreementshall
not waive the Owner's right, d any, subsequently to
declare a Contractor Default, and
3 2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract Such Contractor Default shall not be
declared earlier than twenty days after the Contractor
and the Surety have received notice as provided in
Subparagraph 31, and
3 3 The Owner has agreed to pay the Balance of the
Contract Price tothe Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in
accordance with the terms of the contract with the
Owner
4 When the Owner has satisfied the conditions of
Parograph 3, the Surety shall promptly and,atthe Surety's
expense take one of the following actions
41 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract or
4 2 Undertake to perform and complete the Con-
struction Contract itself, through its agents or through
independent contractors, or
4 3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner fora contract for
performance and completion of the Construction
Contract, arrange for a contract to be prepared for
- execution by the Owner and the contractor selected
with the Owner's concurrence, to be secured with
performance and payment bonds executed by a
qualified surety equNalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described 'in Paragraph Bin
excess of the Balance of the Contract Price incurred
by the Owner resulting from the Contractor's default, or
4 4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances
After investigation, determine the amountfor
which rt maybe liable to the Owner and, as soon
as practicable after the amount is determined,
tender payment therefore to the Owner, or
2 Deny liability in whole or in part and notify the
Owneroabng reasons therefore
5 If the surety does not proceed as provided in Para- graph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of
an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this
Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner If the Surety proceeds as
provided in Subparagraph 4 4, and the Omer refuses the
payment tendered or the Surety had denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner
S After the Owner has terminated the Contractor's right to
complete the Construction Contract, and rf the Surety
elects to act under Subparagraph 41,4 2, or 4 3 above,
then the responsiblrtresof the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsrbifibes of the
Owner to the Surety shall not be greater than those_ of the
Owner under the Construction Contract To the limn of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the
Surety is obligated without duplication for
61 The responsibilities of the Contractor for cor-
rection of defective work and completion of the Con-
struction Contract,
6 2 Additional legal, design professional and delay
costs resulting from the Contractors Default and
resulting from the actions or failure to act of the
Surety under Paragraph 4, and
6 3 Liquidated damages, or fr no liquidated damages
are specified in the Construction Contract, actual
damages caused by delayed performance or non-
performance of the Contractor
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the
Construcllon Contract, and the Balance of the Contract
Pnoeshall not be reduced or setoff on account ofany
such unrelated obligations. No right of action shat accrue
on this Bond to any person or entity other than the Owner
or its hers, executors, administrators or successors
8 The Surety hereby waives notice of any change, inclu-
ding charges of lime, to the Construction Contract or to
related subcontracts, purchase orders and other obh-
gatrons
9 Any proceeding, legal or equitable, under this Bond may
be instituted in any court of competent junsdreton in the
location in which the work or part of the work is located and
shall be instituted within two years after Contractor Default
or within two years after the Contractor ceased working
or within two years after the Surety refuses or fads to
perform its obligations under this Bond, whichever occurs
first If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AIA DOCUMENT A312 a PERFORMANCE BOND AND PAYMENT BOND o DECEMBER 1994 ED a AIA
THE mamma INSTITUTE OFARCHn6CHTS,1135 NEW YORK AYE, N W WASHINGTON, D C 20006
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in
this Bond conflicting with said statutory or legal
requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. The
intent is that this Bond shall be construed as a statutory
bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
MODIFICATIONS TO THIS BOND AREAS FOLLOWS:
None
have been made including allowance to the
Contractor of any amounts received or to be
received by the Owner in settlement of insurance or
other claims for damages to which the Contractor is
entitled, reduced by all valid and proper payments
made to or on be- half of the Contractor under the
Construction Contract
12.2 Construction Contract The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default Failure of the Contractor,
which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the
Construction Contract
124 Owner Default Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties. other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
(Corporate Seal)
Name and Title:
Address:
SURETY
Company:
Signature:
Name and Title:
Address:
(Corporate Seal)
AlA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND* DECEMBER 1984 ED. • AEA
THE AMERICAN INSTITUTE OF ARChARCHITECTS, 1735 NEW YORK AVE., H.W. WASHINGTON, D.C. 20006
A312-1984 3
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No_ 100289009
AlA Document A3 12
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be corned plural where apphcabie.
CONTRACTOR (Name and Address):
DZMOD Lift Co.
5978 Elk Song Trail
Golden, CO 80403
OWNER (Name and Address):
Weld County, Colorado
1150 0 Street
Greeley, CO 80632
SURETY (Name and Principal Place of Business):
Merchants National Bonding, Inc.
6700 Westown Parkway
West Des Moines Iowa 50266
CONTSTRUCTION CONTRACT
Date; 01/20/2025
Amount: ($113,400.00) One Hundred Thirteen Thousand Four Hundred Dollars and NO/100THS
Description (Name and Location): Law Administration Elevator Modernization Project, Contract ID #7166
BOND Weld County Law Administration Building, 2110 O Street, Greeley, CO 80631
Date (Not earlier than Construction Contract Date): 01/31/2025
Amount: ($113,400.00) r�
Modifications to this Bond: L! None
CONTRACTOR AS PRINCIPAL
Company:
DZMOD Lift Co.
SURETY
(Corporate Seal) Company:
Merchants National Bonding, Inc.
Signature:
Name and Title: Deon Young
Owner
(Any additional signatures appear on page 6)
Signature:
Name and Title: Christina L. Townsend; AttgEey•In• ct
AO
Attorney -In -Fact - Ce.t : z
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♦,
(FOR INFORMATION ONLY — Name, Address and Tie)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Arched, Engineer or other
HUB International Insurance Services, Inc. i he Vertex Companies, LLC
2000 S. Colorado Blvd., Tower II, Suite 150 2420 W. 26TH Ave., Suite 100-D
Denver, CO 80222 Denver, CO 80211
431a1293-03 (720) 749-8172
MA DOCUMENT MU • PERFORMANCE 9O1•ID AND PAYMENT BOND • DECEMBER 1964 ED. • ALA A
THE AMLRICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
A312-1984 4
J�
•
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrator,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the
performance of the Construction Contract which Is
incorporated herein by reference
2 Wfth respect to the Owner, this obligation shall be null
and void if the Contractor
21 Promptly makes payment, directly or indirectly,
for ail sums due Claimants, and
2 2 Defends, indemnities, and holds harmless the
Owner from all claims, demands, bens or sorts by any
person or entity who furnished tabor, materials or
equipment for use in the performance of the
Construction Contract, provided the Owner has
promptly notified the Contractor and the Surety (at
the address described in Paragraph 12) of any
claims, demands, liens or surfs and tendered defense
of such clams, demands, liens or suits to the
Contractor and the Surety, and provided there is no
Owner Default
3 With respectto Claimants, this obligation shalt be null
and void the Contractor promptly makes payment,
directly or indirectly, for all sums due
4 The Surety shall have no obligation to Claimants under
this Bond until
41 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12)
and sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this Bond
end, with substantial accuracy, the amount of the
claim
4 2 Claimants who do not have a direct contract with
the Contractor,
1 Have furnished wntten notice to the Contractor
and sent a copy, or nobce thereof, to the
Owner, within 90 days after having last per-
formed labor or last furnished materials or
equipment included in the dam staling, wrth
substantial accuracy, the amount of the claim
and the name of the party to whom the mater-
ials were furnished or supplied or for whom
the labor was done or performed, and
2 Have either received a rejection in whole or in
part from the Contractor, or not received within
35 days of furnishing the above notice any
communication from the Contractor by which
the Contractor has indicated the claim will be
paid directly or indirectly, and
3 Not having been paid within the above 30 days,
have sent a written notice to the Surety (at the
address descnbed in Paragraph 12) and sent
a dopy, or notice thereof, to the Owner, stating
that a claim a being made under this Bond and
enclosing a copy of the previous written notice
furnished to the Contractor
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is sufficient
compl►anoe
8 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the Surety's
expense take the following actions
81 Send an answer to the Claimant with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the
basis for challenging any amounts that are disputed
8 2 Pay or arrange for payment of any undisputed
amounts
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in goad faith by the
Surety
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the
performance of the Constriction Contract and to satisfy
claims, if any, under any Construction Performance Bond
By the Contractor furnishing and the Owner accepting thls
Bond, they agree that all funds earned by the Contractor
in the performance of the Constructon Contract are
dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's pnooty to
use the funds for the completion of the work. ,
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that Are
unrelated to the Construction Contract The Owner shall
not be liable for payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond
no obirgationsto make payments to, give notices on
behalf of, or otherwise have obligations to Claimants
under this Bond
10 The Surety hereby waves notice of any change,
including changes of time, to the Construction Contract or
to related subcontracts, purchase orders and other ,
obligations
11 No suitor adorn shall be commenced by a Claimant
under this Bond other than In a court of competent juris-
diction in the location in which the work or part of the work
is located or after the expiration of one year from the date
(1) on which the Claimant gave the notice required by
Subparagraph 41 or Clause 4.2 3, or (2) on which the
last labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under
the Construe on Contract, Whichever of (1) or (2) first
occurs if the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation
available to sureties as a defense in the junsdretion of the
suit shall be applicable
12 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall be
sufficient compliance as of the date received at the
address shown on the signature page
AIA DOCUMENT A312 0 PERFORAAANCE BOND AND PAYMENT BOND s DEMAIBER 1984 ED a AiA
THE AMERICAN isorn'0TE OF ARCHITECTS, 2795 NEW YORKAVE , N Uri WASHINGTON, oc 20006
A332-1984 5
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in
this Bond conflicting with said statutory or legal
requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. The
intent is that this Bond shall be construed as a statutory
bond and not as a common law bond.
14 Upon request by any person or entity appearing to be
a potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or
equipment for use in the performance of the Contract.
The 'ntent of this Bond shall be to include without
limitation in the terms "labor, materials or equipment'
that part of water, gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used
in the Construction Contract, architectural and
engineering services required for performance of the
work of the Contractor and the Contractor's
subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction
where the labor, materials or equipment were
furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the
signature page, including all Contract
Documents and changes thereto.
15.3 Owner Default Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract
or to perform and complete or comply with the other
terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Section 6 is modified by adding section 6.3.
6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of
defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its
obligations under this Sectic n 6, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claim ant
incurs to recover any sums found to be due and owing to the Claimant.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
Signature: AJ
Name and Title:
Address:
SURETY
Company:
(Corporate Seal) (Corporate Seal)
Signature
Name and The:
Address:
N/A
AU DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA%
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W. WASHINGTON, D.C. 20O06
A312-1964 6
MERCHANTS
BONDING COMPANY.
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC ,
both being corporations of the State of Iowa, Atria Merchants National IndemndyCompany (m California only) (herein collectively called the
'Companies") do hereby make, constitute and appoint, individually,
Andrew P Wafters, Ashley K Anderson, Barbara J Amok!, Christina L Townsend, Jennifer J Walker,',Anne E Vogel, Nicole Lee McGuire. Nikki M
Masbrudcer, Robert Charles Torre , Terri L Reese, Timothy J Blanchard
their true and lawful Attorney(s)-in-Fact, to ergn its name as aun_ty(res) and to,execute, seal and acknowledge any and al bands, undertakings,
contracts and other written instruments to the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of
persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions
or proceedings allowed by law
This Power -of -Attorney is granted ands signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of
Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of
Directors of Merchants National Bonding, Irtc., on October 16, 2015 and amended on April 27, 2024
'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys -m -Fad, and to authorize them to execute on behalf of the Company, and attach the seat of the Company thereto,
bonds and undertakings, reaognizances, contracts of indemnity and other wrdlngs obligatory in the nature thereof
.The signature of any authorized biker and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof suthoroang the axeodion and delivery of any bond, undertaking, recognizance, or other suretyship abligetlons of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed
In connection with obligations In favor of the Florida Department of Transportation only, d is agreed that the power and out horny hereby given to the
Attomeyin-Fad includes any and all consents for the release of retained pementages and/or final estimates on enpineering and construobon
contrails required by the State of Florida Department of Transportaton It is fully understood that consenting to the State of Honda Department
of Transportation maidng payment of the' final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of
Its obligations under its bond
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authorty hereby given
to the Attorney -In -Fad cannot be modified or revoked unless prior wrlten personal notice of such indent has been given to the Commissioner
napartmentof Highways of the Commonwealth of Kentucky at least thirty (30) days priorto the modification or revocation
In Wtness Whereof, the Companies have caused this lsbument to be signed and sealed this 2gih day of Jul 2024
° i:ivvitivavrvvvv
6®N °11aC'
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�` 2003 ; _� o�`iy'• 1933 • Z. By
•• '. e°' o �'� • , o %STATE OF IOWA •••u o i. 4.°� °" °°ew°
COUNTY OF DALLAS ss 0e""°
On this 29th day of July 2024 before tyre appeared Larry Taylor, to me personally known, who being by me duly swam
dO say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , and that the
seals affixed to the foregoing instrument are the Corporate Seals of the Companies, and that the said instrument was signed end sealed in behat
of the Companies by authority of their respective Boards of Directors
1WitA
Penni Miller
Commission Number 787952
My Commission Expires
January 20, 2027
MERCHANTS BONDING COMPANY (@MUTUAL)
MERCHANTS NATIONAL. BONDING, INC.
dlb/a MERCHANTS @gAT10NAL INDEMNITY COMPANY
President
Notary Public
(Expiration of notary's commission does not Invalidate this instrument)
I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC. do
hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Campanies,which is still
in full force and effect and has not been amended or revoked
In Witness Whereof, I have hereunto seamy hand and affixed the seat of the Companies on tits 31st day of January ,2025
°°o..ao°•
...,,. .. 000 N® ; 710 O :10O•e, 0 • •r a (� Ji' do
%'• 2003 1� e$;0 1933
POA O016 (6/24)
Secretary
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