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Home My WebLink About20242316.tiffConva& (D129(Ditc129 Co August 26, 2025 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Communication Expansion and Renovation - Change Order #5 - 2024-2316 WCC Construction LLC was awarded the contract for the communications building expansion and renovation. Part of this project includes replacing the parking lot around the communications building and behind the Law admin Building. During the removal of the asphalt on phase 3 of the parking lot replacement, soft unsuitable soils were encountered that need to be removed and replaced. The contractor on the project, WCC Construction LLC. has provided costs to remove and replace the unsuitable soils for $38,025.81. Therefore, the Facilities Department is recommending approval of this change order in the amount of $38,025.81. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Director eonSen+ ncyuu60, 9/zz/Zs c c: Onba52. ° I) ?wicAlos -n-9 a/ZZ/ZS 04— Z3 R° BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Communications building parking lot change order. DEPARTMENT: Facilities DATE: August 26, 2025 PERSON REQUESTING: Patrick O'Neill Brief description of the problem/issue: During phase 3 of the parking lot replacement, unsuitable soils were discovered after the old parking lot was removed. These soils need to be removed and replaced with suitable materials. What options exist for the Board? 1. Approve the change order. 2. Deny the change order. Consequences: The parking lot replacement cannot move forward with the existing subsurface materials. Impacts: Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $38,025.81. Recommendation: Facilities recommends placing this change order on an upcoming BOCC agenda for approval. Support Recommendation Schedule Place on BOCC Aoenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppler Kevin D. Ross Change Order # 5 to Service Agreement Between Weld County and WCC Constructors Date: August 26, 2025 Original Agreement: 2024-2316 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 2,255,000.00 Original Contract Amount $ 159,427.88 Previously Approved Change order(s) Amount $ 38,025.81 Current Change Order Amount $ 2,452,453.69 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: V,47/12) {'�E Date September 3, 2025 Name: DAVID BODE Title: VP a BOARD OF COUNTY COMMISSIONERS ATTEST: XL: WELD COUNTY, COLORADO Weld ounty lerk to the Board l/l.V 1 Deputy Clerk to the Bol a P Y BY: L. uck, Chair SEP 2 2 2025 Z07,11-231 to WCC Construction LLC Date: August 22, 2025 Subject: Change Order Request 09: Over -Ex & Stabilize 'Pumping' Subgrade Sheriff's Parking Lot Areas/Added Demo/MH Raise PO No.: P2400685 Project Name: Weld County Records Renovation Project Location: 1551 North 17th Ave. Greeley, CO 80631 To: Will Hopkins, Construction Project Manager Will - Please review the following for pricing to ADD To Over -Ex & Stabilize 'Pumping' Subgrade At Sheriff's Parking Lot Areas (Approximately 11,000 SF/ 629 TN) & Remove (2)`Islands'/Raise MH: Supervision & PM Time: Excavation Subcontractor (Attached): Asphalt Subcontractor (Attached): GC OH&P (15%): Bond (3%) Total Add: Change Request Adds - 0 — Day(s) To Contract Duration. Please advise if any additional information is required. Thank you. Sincerely, Dad 60 di David Bode, CM/Project Manager WCC Construction, LLC 1112 Oxborough Lane Fort Collins, Colorado 80525 970-231-7899 WCCConstructionllc.com $ N/C $ 30,800.00 $ 1,302.84 $ 4,815.43 $ 1,107.54 $ 38,025.81 Change Order Excavating Inc. PO Box 1140 Wallington, CO 80549 Name / Address WCC Construction LLC 1 I I2 Oxhorough Lane Fort Collins, Colorado 80525 Date Estimate # 8/13/2025 2972 Phone — 970-231-4408 Email — ofticc@dobbsxinc.com *Due to market volatility, material prices can only be held for 15 days from date of this estimate P.O. Na. Weld County Communication Description Qty Rate Total Weld County Communications Saturated Soil Assumptions: -Area to be replaced 48,000 SF -Profile for stabilization is 8" RCl3 over gcogrid Remove saturated soil, import, place, and grade 8" of recycled concrete base over geogrid West Lot: RemovaVReplace 11,000 SF 407 TONS Demolition & MH Rings Exclusions: -Asphalt Patching -Seeding -City/District Cut and Excavation Fees -Weekend/Night Work -Bond Cost -Water Meters -Construction Water Meter and Usage Fees -Traffic Control - Assuming Site to he Fenced -Vapor Barrier -Foundation Insulation -Layout -Dewatering -Dust control -Weather Protection -Frost/Rock Excavation -Snow Removal -Right-Of-Way Work -Right-Of-Way Permits -Fly Ash Treatment Sidewalks, Roads, and Parking Areas 8,000 3.23 0.00 25,840.00 4,960.00 0.00 Total Page 1 Change Order Excavating inc. PO Box 1140 "Wellington, CO 80549 Name / Address WCC Construction LLC 1112 Oxborough Lane Fort Collins, Colorado 80525 Date Estimate # 8/13/2025 2972 Phone - 970-231-4408 Email - office@dobbsxinc.com *Due to market volatility, material prices can only be held for 15 days from date of this estimate P.O. No. Weld County Communication Description Qty Rate Total -Surveying/Foundation Layout -Permits, Inspection, and Maintenance for Erosion Control -Compaction Tests -Soil Amendment/Compost -Interior Plumbing Excavation/Backfill -Electrical Excavation/Beckfill -Drilling/Installation of Light Pole Bases -Irrigation Tap/Backfill -Street Cut Permits -Demolition Permits -Soil Sterilization -Repair and Replacement of Landscape Areas. Irrigation Lines, and Sprinkler Heads Estimate is Based on Plans Dated: Site Walk 8/11/2025 Total $ 30,800.00 Page 2 gspha octor5 Asphalt Doctors Inc. 1270 Rock Creek Circle Lafayette, CO. 8O026 Asphalt Doctors Asphalt & Concrete Repair, Maintenance & Installation CONTRACT Proposal submitted to: Name: WCC Construction LLC Contact: Jeffrey Wampler Address: 1112 Oxborough Lane Fort Collins CO 80525 Email: Jeffrey.W@wccconstructionllo.com Cell # (970)231-7899 Asphalt Doctors Inc. agrees to fumish all materials for the work specified below on premises located: Job Name and Address: Weld County Communication Expansion & Renovation Project 1551 N 17th Avenue Greeley, CO 80631 Asphalt Doctors Inc. Re resentative: Tre Olson Cell h. 303 502-4985 Email: Trey@asphaltdoctors.net We hereby submit specifications and estimates for: Proposal # TO24-130 OFFICE PHONE: 303-956-8201 Website: www.asphaltdoctors.net Email: Trey@asphaltdoctors.net Date: 8/13/2025 ITEM Description Phone: (970)231-7899 *Project Is tax exempt; Project Completion Date: TBD *Prevailing wages do not Apply Quantity/ Unit Unit Price Total Asphalt Paving (Sheet C-211390 sg.tt.► We will accept subgrade Mashed. paving grade ready, broom the edges, apply tack coat, and pave with an average of 5" Compacted (Grade S 20% RAP) (N75) (PG 64-22) Full Depth Asphalt All subarade preparation and compaction will be by others. *Above pricing is based on placing (S75 20% RAP (64-22)) for top and bottom lifts, and being completed with paving placement on site 44 Sq.Yds. $29.61 $1,302.84 'Striping Layout TBD (Unknown Additional Costs Currently) "Above pricing is based en current material prices 8113/25, depending on timing of project, a material price adjustment may be necessary Additional Mobilizations0Retum Trip Charges (Add ff requested by customer) CUSTOMER RESPONSIBILITY: • Irrigation Shut Off 24 hours prier to work & 36 hours after completion • Towing of Vehicles and fees related • Security for Vandalism • Customer is responsible for arty exclusions listed on quote if required or unless otherwise noted SPECIFICALLY EXCLUDED FROM THIS QUOTATION ARE THE FOLLOWING: • Surveying and grade staking • Permits and Permit fees • Traffic Control Fees and implementation. • Tenant Notification • Utility Adjustments • Erosion control implementation. • Security for Vandalism • Epoxy Traffic paint • Engineering, Bonds, Inspections, Testing • Weather Protection • All polymer -modified asphalt • Towing of Vehicles • Dewatering • Storm water management plan or implementation. " Prime coat • Curb Painting 0. $2,450.00 Total (Labor and Materials) $1,302.84 Payment is due upon completion of work. Tenant Notification, • Scheduling of Deliveries and Trash Removal • Infrared trucks heat above 300 degrees, remove heat sensitive items within a 3 ft. perimeter of work area Submitted by: By: Trey OLsow Trey Olson Asphalt Doctors Inc. E-mail: Trey@asphaltdoctors.net Accepted by: Authorized Parry, CUSTOMER/PURCHASER (Date) By signing Page 1 of this contract, I also acknowledge that I have reviewed and understand the additional Terms and Conditions contained on Page 2 of this contract. Page 1 of 2 OFFICE PHONE: 303-956.8201 q;��ha►t poct�r`> Asphalt Doctors Inc. 1270 Rock Creek Circle Lafayette, CO. 80026 Asphalt & Concrete Repair, Maintenance & Installation CONTRACT TERMS AND CONDITIONS Website: Email: www. asohaltdoctors, net Treveasohek iectcrs,net Asphalt Doctors Inc. hereinafter referred to as 'Asphalt Doctors' or 'Contractor' Customer/Purchaser or Owner hereinafter referred to as'Customee 1. This Contract inducting the terms and conditions that follow, supersedes any prior understanding or Agreement between the parties. 2. Any representation not specified in this Contrail is waived in any form. Effective: 1/112024 3. Any modifications or amendments to this Contract shall be in writing and signed by both an authorized Agent of Asphalt Doctors and the CUSTOMER. 4. Asphalt Doctors provides a one (1) year warranty on workmanship and materials on all items contained in this Contract, unless noted otherwise in this Agreement. 5. Asphalt Doctors cannot guarantee drainage on existing, or proposed, areas with a slope of less than 2%. 6. The parties agree that in the event of breach of warranty, the liability of Asphalt Doctors shall be limited to the costs of replacing the defective work. 7, Asphalt Doctors will have no liability for any damage to the stricture, or its contents, floors, carpets, concrete or walkways resulting from tracking of materials (sealcoat, crack seal, asphalt, tar or concrete) if caused by others not related to, or by, employees of Asphalt Doctors. 8. Asphalt Doctors is not liable or responsible in any way for unforeseen conditions including but not limited to wrongly marked utilities or abandoned utilities. unstable subgrade, vegetation, or frost in the subgrade. Asphalt Doctors will ratify CUSTOMER immediately if unforeseen conditions are encountered and provide recommendations for resolution. 9. Asphalt Doctors is not responsible for damage caused by; vandalism, deicing agents, scarring or marking of completed work unless such damage is directly caused by Asphalt Doctors employees/equipment. 10. Asphalt Doctors is not liable for normal wear and tear nor bodily injury from rornal wear and tear of product/work. 11. All warranties are void if the Contract is not paid in full within 30 days of project completion. 12. If payment under this Contract is not made when due, Asphalt Doctors may suspend any or all work on the job. 13. Any failure to make payment under this Contract is subject to a lien claim to be enforced upon the property according to current lien laws. 14. Asphalt Doctors shall not be liable for delays or damages resulting from causes beyond Asphalt Doctors control, including: acts of God, severe weather, public disturbances, materials/ supply shortages and/or delays, subcontractor or labor shortages. 15. CUSTOMER is responsible for making notification to concemed parties, such as; tenants, renters, residents, etc. of schedule of the work to assure work area is available for work to be completed per Contract. 16. If any provisions of this agreement are modified by statute or declared invalid the remaining provisions shall remain in effect to the greatest extent possible. 17. The CUSTOMER and Asphalt Doctors agree that this Contract will be govemed by the laws of the state of Colorado, irrespective of any conflict of legal provisions, and that venue for any dispute or litigation shall be only in Boulder County, Colorado. 18. Asphalt Doctors will maintain current worker's compensation insurance for its employees and general liability insurance. 19. In the event the amount of this Contract is not paid in full at 31 days from completion the account shall be in default, unless other specific arrangements are agreed upon with an Asphalt Doctors officer. 20. The CUSTOMER agrees to hold Asphalt Doctors harmless from any costs or expenses incurred in the collection of payment on this account including, but not limited to, collection fees, attorroy's fees, court costs, etc. CUSTOMER further agrees the defaulted account, and any part thereof, shall bear interest at 2% per or 20% per annum, on all unpaid balances. 21. This Contract shall become binding when signed by Asphalt Doctors representative and CUSTOMER. 22. Email authorization and electronic signature by the CUSTOMER is accepted as binding by Asphalt Doctors. 23. CUSTOMER, by entering into a contract with Asphalt Doctors, agrees to allow Asphalt Doctors personnel and equipment to access it's property including pre -job, job execution, post -job inspectionsMarramy work/work disputes, through and including until final payment is made to Asphalt Doctors. 24. Proposal and prices quoted are guaranteed for 30 days. Signed contracts: After 30 days Asphalt Doctors reserves the right to adjust pricing. 25. The Contractor and Customer/Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: 1. damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and 2. damages incurred by the Contractor for principal office expenses including personnel stationed there, for losses of financing, business and reputation, and for bss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable without limitation, to all consequential damages due to either party's termination. Additional Notes • The Infrared (IR) trucks heat above 300 degrees. anything within three (3) feet of the IR truck has the potential for heat or fire damage. Asphalt Doctors is not responsible for any damage to property as a result of IR services. It is the Customer's responsibility to safeguard its property/assets accordingly. • All services are weather permitting. ` This work is priced for weekdays only -unless otherwise noted on quote. If weekend or night work is required, call for price adjustment. • Ground to air temperature should be min 50/50 24 hour period for best results and lasting adherence. • Vehicles, scheduling of deliveries and trash removal trucks are required to be removed from work area to accommodate work, and allow for proper cure time for the product installed in the work area. ' If Asphalt Doctors must truck over existing asphalt and/or concrete to complete the work Asphalt Doctors shall not be held liable or responsible for damage to existing lot or pavement/concrete due to required trucking. Asphalt Doctors cannot guarantee pavement surface treatments or traffic paint adherence between October 1st and April 1st, any yesr, if surface temperatures are not within manufacturer product specifications. Page 2of2 t o ct For Entity Information Entity Name WCC CONSTRUCTION LLC Entity ID* @00045160 Q New Entity? Contract Name* Contract ID COMMUNICATIONS PARKING LOT SUBGRADE 9896 REPLACEMENT CHANGE ORDER Contract Status CTB REVIEW Contract Lead* CNAIBAUER Contract Lead Email cnaibauer@weld.gov Contract Description* REPLACE UNSUITABLE SUBGRADE IN THE PARKING LOT REPLACEMENT PHASE 3. Contract Description 2 Parent Contract ID Requires Board Approval YES Department Project # Contract Type * Department Requested BOCC Agenda Due Date CHANGE ORDER BUILDINGS AND Date* 09/06/2025 GROUNDS 09/10/2025 Amount* $38,025.81 Department Email Will a work session with BOCC be required?* CM- NO Renewable* BuildingGrounds@weld.go NO Does Contract require Purchasing Dept. to be included? Automatic Renewal Department Head Email CM-BuildingGrounds- Grant DeptHead@weld.gov County Attorney IGA GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 09/30/2025 Committed Delivery Date Renewal Date Expiration Date* 09/30/2025 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head PATRICK O'NEILL DH Approved Date 09/15/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09/22/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 09/15/2025 09/15/2025 Tyler Ref # AG 092225 Originator CNAIBAUER Conkvad-DigiiO December 10, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Communication Expansion and Renovation - Change Order #4 - 2024-2316 WCC Construction LLC was awarded the contract for the communications building expansion and renovation. Part of this project includes replacing the parking lot around the communications building and behind the Law admin Building. During the removal of the asphalt on phase 2 of the parking lot replacement, soft unsuitable soils were encountered that need to be removed and replaced. The contractor on the project, WCC Construction LLC. has provided costs to remove and replace the unsuitable soils for $56,382.20. Therefore, the Facilities Department is recommending approval of this change order in the amount of $56,382.20. If you have any questions, please contact me at extension 2027. Sincerely, Patrick O'Neill Director C C: 0nla%C. ek-)) pu.i/Ona'.ng -7/q/25 7O2-�31LQ BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS AROUND TITLE: Communications building parking lot change order. DEPARTMENT: Facilities DATE: June 26, 2025 PERSON REQUESTING: Patrick O'Neill Brief description of the problem/issue: During phase 2 of the parking lot replacement, unsuitable soils were discovered after the old parking lot was removed. These soils need to be removed and replaced with suitable materials. What options exist for the Board? 1. Approve the change order. 2. Deny the change order. 3. Consequences: The parking lot replacement cannot move forward with the existing subsurface materials. Impacts: Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $56,382.20. Recommendation: Facilities recommends placing this change order on an upcoming BOCC agenda for approval. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross oul Change Order #4 to Service Agreement Between Weld County and WCC Constructors LLC Date: June 26, 2025 Original Agreement: 2024-2316 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 2,255,000.00 Original Contract Amount $ 103,045.68 Previously Approved Change order(s) Amount $ 56,382.20 Current Change Order Amount $ 2,414,427.88 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: Dad Egdi Date July 1, 2025 Name: David Bode Title: VP BOARD OF COUNTY COMMISSIONERS ATTEST: (,��dd/ f" ,n; WELD COUNTY, COLORADO Weld ounty Clerk to the Board BY: Deputy Clerk to the '•ard uck, Chair JUL 0 9 2025 Page 1 of 1 zozy- S1ko WCC Construction LLC Date: Subject: PO No.: Project Name: Project Location: To: Will - June 24, 2025 Change Order Request 06R: Over -Ex & Stabilize 'Pumping' Subgrade East Parking Lot Areas P2400685 Weld County Records Renovation 1551 North 17th Ave. Greeley, CO 80631 Will Hopkins, Construction Project Manager Please review the following for pricing to ADD To Over -Ex & Stabilize 'Pumping' Subgrade At East Parking Lot Areas (Approximately 17,000 SF/ 629 TN): Supervision & PM Time: Excavation Subcontractor (Attached): GC OH&P (15%): Bond (3%) Total Add: Change Request Adds - 0 — Day(s) To Contract Duration. Please advise if any additional information is required. Thank you. S5rely, e�� 604 David Bode, CM/Project Manager WCC Construction, LLC 1112 Oxborough Lane Fort Collins, Colorado 80525 970-231-7899 WCCConstructionllc.com com $ N/C $ 47,600.00 $ 7,140.00 $ 1,642.20 $ 56,382.20 Change Order Excavating Inc. PO Box 1140 ^' Wellington, CO 80549 Name / Address WCC Construction LLC 1112 Oxborough Lane Fort Collins, Colorado 80525 Date Estimate # 12/6/2024 2778 Phone -' 970-231-4408 Email — office@dobbsxinc.com *Due to market volatility, material prices can only be held for 15 days from date of this estimate P.O. No. Weld County Communication Description Qty Rate Total Weld County Communications Saturated Soil Assumptions: -Area to be replaced 48,000 SF -Profile for stabilization is 8" RCB over geogrid Remove saturated soil, import, place, and grade 8" of recycled concrete base over geogrid East Lot: Removal/Replace 17,000 SF 629 TONS Exclusions: -Asphalt Patching -Seeding -City/District Cut and Excavation Fees -Weekend/Night Work -Bond Cost -Water Meters -Construction Water Meter and Usage Fees -Traffic Control - Assuming Site to be Fenced -Vapor Barrier -Foundation Insulation -Layout -Dewatering -Dust control -Weather Protection -Frost/Rock Excavation -Snow Removal -Right-Of -Way Work -Right-Of-Way Permits -Fly Ash Treatment Sidewalks, Roads, and Parking Areas 17,000 2.80 0.00 47,600.00 0.00 Total Page 1 Change Order Excavating Inc. PO Box 1140 - Wellington, CO 80549 Name / Address WCC Construction LLC 1112 Oxborough Lane Fort Collins, Colorado 80525 Date Estimate # 12/6/2024 2778 Phone — 970-231-4408 Email.., office@dobbsxinc.com *Due to market volatility, material prices can only be held for 15 days frosts date of this estimate P.O. No. Weld County Communication Description Qty Rate Total -Surveying/Foundation Layout -Permits, Inspection, and Maintenance for Erosion Control -Compaction Tests -Soil Amendment/Compost -Interior Plumbing Excavation/Backfill -Electrical Excavation/Backfill -Drilling/Installation of Light Pole Bases -Irrigation Tap/Backfill -Street Cut Permits -Demolition Permits -Soil Sterilization -Repair and Replacement of Landscape Areas, Irrigation Lines, and Sprinlder Heads Estimate is Based on Plans Dated: Site Walk 11/21/24 Total $47,600.00 Page 2 C ntract Form Entity Information Entity Name* WCC CONSTRUCTION LLC Entity ID* @00045160 Contract Name* COMMUNICATIONS BUILDING PARKING LOT CHANGE ORDER Contract Status CTB REVIEW Q New Entity? Contract ID 9710 Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* REMOVE UNSUITABLE SOIL FROM THE PARKING LOT AND REPLACE WITH NEW FILL MATERIAL. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date CHANGE ORDER BUILDINGS AND Date* 07/05/2025 GROUNDS 07/09/2025 Amount* $56,382.20 Department Email Will a work session with BOCC be required?* CM- NO Renewable* BuildingGrounds@weld.go NO Does Contract require Purchasing Dept. to be Automatic Renewal Grant IGA Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL EY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 07/31/2025 Committed Delivery Date Renewal Date Expiration Date* 07/31/2025 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head PATRICK O'NEILL DH Approved Date 07/01/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 07/09/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 07/01/2025 07/01/2025 Tyler Ref # AG 070925 Originator CNAIBAUER Corfvac+ ID 39% BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Communications building renovation parking lot replacement. DEPARTMENT: Facilities DATE: December 10, 2024 PERSON REQUESTING: Patrick O'Neill Brief description of the problem/issue: During phase 1 of the parking lot replacement, unsuitable soils were discovered after the old parking lot was removed. These soils need to be removed and replaced with suitable materials. What options exist for the Board? 1. Approve the change order. 2. Deny the change order. Consequences: The parking lot replacement can not move forward with the existing subsurface materials. Impacts: Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $66,192.50 Recommendation: Facilities recommends placing this change order on an upcoming BOCC agenda for approval. Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine 1 Z1 Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: V. Q email -65 l�- [Ce Onbise C&?i Puth$ Lrx3 12/3O/14 ?024n1SI o Be1002C0 Karla Ford From: Sent: To: Subject: Approve Sent from my iPhone Mike Freeman Tuesday, December 10, 2024 4:17 PM Karla Ford Re: Please Reply - MA -Pass around On Dec 10, 2024, at 4:44 PM, Karla Ford <kford@weld.gov>wrote: Please advise if you support recommendation and to have department place on the agenda. Karla Ford X Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordweld.gov :: www.wetdgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-4:00p.m.** <image001. jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. if you have received this communication in error, please immediately notify sender by return e -moil and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Curtis Naibauer <cnaibauer@weld.gov> Sent: Tuesday, December 10, 2024 2:41 PM To: Karla Ford <kford@weld.gov> Cc: Patrick O'Neill <poneill@weld.gov>; Jill Scott <jscott@weld.gov>; Cheryl Pattelli <cpattelli@weld.gov> Subject: Pass around Karla, Please see attached pass around. Curtis Naibauer Deputy Director Weld County Facilities Department 1105 H Street P.O. Box 758 Greeley, CO 80632 P: 970.400.2027 F: 970.304.6532 December 10, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Communication Expansion and Renovation - Change Order #3 - 2024-2316 WCC Construction LLC was awarded the contract for the communications building expansion and renovation. Part of this project includes replacing the parking lot around the communications building and behind the Law admin Building. During the removal of the asphalt on phase 1 of the parking lot replacement, soft unsuitable soils were encountered that need to be removed and replaced. The contractor on the project, WCC Construction LLC. has provided costs to remove and replace the unsuitable soils for $66,192.40.1 Therefore, the Facilities Department is recommending approval of this change order in the amount of $66,192.40. If you have any questions, please contact me at extension 2027. Sincerely, Patrick O'Neill Director Change Order # 3 to Service Agreement Between Weld County and WCC Construction, LLC. Date: December 10, 2024 Original Agreement: 2024-2346 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 2,255,000.00 Original Contract Amount $ 36,853.28 Previously Approved Change order(s) Amount $ 66,192.40 Current Change Order Amount $ 2,358,045.68 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: DAVID r30 D E Date 12/13/2024 Name: DAVID BODE Title: VP/CM ATTEST: �,.1,/-46 • . Weld County Clerk to the Board BY: eputy Clerk to the : rd BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Ross, Chair DEC 3 0 24 Page 1 of 1 z p24-Z310o WCC Construction LLC Date: Subject: PO No.: Project Name: Project Location: To: Will - December 6, 2024 Change Order Request 03R: Over -Ex & Stabilize 'Pumping' Subgrade West & South Parking Lot Areas P2400685 Weld County Records Renovation 1551 North 17th Ave. Greeley, CO 80631 Will Hopkins, Construction Project Manager Please review the following for pricing to ADD To Over -Ex Approximately 20,000 SF, Install Geo- Grid & Import/Place Recycled Concrete At 'Pumping' Parking Lot Areas West & South Communications Building Parking Lots: Supervision & PM Time: Excavation Subcontractor (Attached): GC OH&P (15%): Bond (3%) Total Add: Change Request Adds - 0 — Day(s) To Contract Duration. Please advise if any additional information is required. Thank you. Sincerely, David Bode, CM/Project Manager WCC Construction, LLC 1112 Oxborough Lane Fort Collins, Colorado 80525 970-231-7899 WCCConstructionllc.com $ N/C $ 56,490.00 $ 8,473.50 1,948.90 $ 66,192.40 Change Order Excavating Inc. PO Boo 1140 Wellington, CO 80549 Name / Address WCC Construction LLC 1112 Oxborough Lane Fort Collins, Colorado 80525 Date Estimate # 12/6/2024 2778 Phone — 970-231-4408 Email — office@dobbsxinc.com *Due to market volatility, material prices can only be held for 15 days from date of this estimate P.O. No. Weld County Communication Description Qty Rate Total Weld County Communications Saturated Soil Assumptions: -Area to be replaced 48,000 SF -Profile for stabilization is 8" RCB over geogrid Remove saturated soil, import, place, and grade 8" of recycled concrete base over geogrid Center & South Lot: Removal/Replace SF Exclusions: -Asphalt Patching -Seeding -City/District Cut and Excavation Fees -Weekend/Night Work -Bond Cost -Water Meters -Construction Water Meter and Usage Fees -Traffic Control - Assuming Site to be Fenced -Vapor Barrier -Foundation Insulation -Layout -Dewatering -Dust control -Weather Protection -Frost/Rock Excavation -Snow Removal -Right-Of-Way Work -Right-Of-Way Permits -Fly Ash Treatment Sidewalks, Roads, and Parking Areas 20,000 2.80 0.00 56,490.00 0.00 Total Page 1 Change Order Excavating inc. PO Box 1140 Wellington, CO 80549 Name / Address WCC Construction LLC 1112 Oxborough Lane Fort Collins, Colorado 80525 Date Estimate # 12/6/2024 2778 Phone — 970-231-4408 Email — office@dobbsxinc.com *Due to market volatility, material prices can only be held for 15 days from date of this estimate P.O. No. Weld County Communication Description Qty Rate Total -Surveying/Foundation Layout -Permits, Inspection, and Maintenance for Erosion Control -Compaction Tests -Soil Amendment/Compost -Interior Plumbing Excavation/Backfill -Electrical Excavation/Backfill -Drilling/Installation of Light Pole Bases -Irrigation Tap/Backfill -Street Cut Permits -Demolition Permits -Soil Sterilization -Repair and Replacement of Landscape Areas, Irrigation Lines, and Sprinkler Heads Estimate is Based on Plans Dated: Site Walk 11/21/24 Total $ 56,490.00 Page 2 Contract Form Entity Information Entity Name* WCC CONSTRUCTION LLC Entity ID* @00045160 O New Entity? Contract Name * Contract ID COMMUNICATIONS RENOVATION CHANGE OREDER #3 8954 - PARKING LOT SUBGRADE Contract Status CTB REVIEW Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * REMOVE AND REPLACE UNSUITABLE PARKING LOT SUB GRADE AT THE COMMUNICATIONS RENOVATION PROJECT Contract Description 2 Contract Type* CHANGE ORDER Amount* $66,192.40 Renewable" NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 12/14/2024 GROUNDS 12/18/2024 Department Email CM- BuildingGrounds@weld.go Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* BG2400120 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 06/30/2025 Committed Delivery Date Renewal Date Expiration Date* 06/30/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 12/18/2024 Approval Process Department Head Finance Approver Legal Counsel PATRICK O'NEILL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 12/16/2024 12/17/2024 12/17/2024 Final Approval BOCC Approved Tyler Ref # AG 123024 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 12/30/2024 Con ci- i 8-2 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Communications Building expansion and renovation. DEPARTMENT: Facilities DATE: November 15, 2024 PERSON REQUESTING: Patrick O'Neill Brief description of the problem/issue: During the parking lot removal at the Communications Building, the contractor uncovered a manhole that had been paved over during a previous project. This manhole is part of the storm drainage system from the Health Building and needs to be restored to original with new rings and a new lid. The contractor has provided a change order for this work. What options exist for the Board? 1. Approve the change order. 2. Deny the change order. Consequences: The manhole cannot be paved over and needs to be restored. Impacts: Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $ 4,264.20 Recommendation: Facilities recommends placing this change order on an upcoming BOCC agenda for approval. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine Con(1-01779/24 ESC// Vv'' CC' ov&) kz/1/024L- V Ro be, 0°Zlo November 15, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Communication Expansion and Renovation - Change Order #2- 2024-2316 WCC was awarded the contract for the communications building expansion and renovation. Part of this project includes replacing the parking lot. During the removal of the asphalt on the west side of the building, a manhole was uncovered that had been paved over in a previous project. This manhole is part of the stormwater system that comes from the Health Building and needs to be brought back to grade and a new lid and rings installed. The contractor on the project, WCC has provided costs to make the necessary repairs to the manhole in the amount of $4,264.20. Therefore, the Facilities Department is recommending approval of this change order in the amount of $4,264.20. If you have any questions, please contact me at extension 2027. Sincerely, Patrick O'Neill Director Change Order # 2 to Service Agreement Between Weld County and WCC Construction, LLC Date: November 15, 2024 Original Agreement: 2024-2316 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 2,255,000.00 Original Contract Amount $ 32,589.08 Previously Approved Change order(s) Amount $ 4,264.20 Current Change Order Amount $ 2,291,853.28 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR' By. � Date it) t 13o -de -11/20/2024 Name: David Bode Title: VP/CM ATTEST: ivLi • Weld County Clerk to the Board BY: 1' 40,, Deputy Clerk to the Bo! i BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Ross, Chair DEC 0 9 2024 Page 1 of 1 z a z4-7 31 10 WCC Construction LLC Date: November 14, 2024 Subject: Change Order Request 02: Replace Concealed Manhole Cover & Ring PO No.: P2400685 Project Name: Weld County Records Renovation Project Location: 1551 North 17th Ave. Greeley, CO 80631 To: Will Hopkins, Construction Project Manager Will - Please review the following for pricing to ADD Remove & Dispose of Existing MH; Replace Concealed MH Cover & Ring West Communications Building Parking Lot: Supervision & PM Time: Excavation Subcontractor (Attached): GC OH&P (15%): Bond (3%) Total Add: Change Request Adds - 0 — Day(s) To Contract Duration. Please advise if any additional information is required. Thank you. Sincerely, bawid So -de - David Bode, CM/Project Manager WCC Construction, LLC 1112 Oxborough Lane Fort Collins, Colorado 80525 970-231-7899 WCCConstructionllc.com $ N/C $ 3,600.00 $ 540.00 124.20 $ 4,264.20 Estimate r Excavating Inc. PO Box 1140 ` Wellington, CO 80549 Name / Address WCC Construction LLC 1112 Oxborough Lane Fort Collins, Colorado 80525 Date Estimate # 11/14/2024 2755 Contact Information Chet - 970.231.4408 email - chet@dobbsxinc.com *Due to market volatility, material prices can only be held for 15 days from the date of this estimate. Job Address Weld County Conununicati... Description Qty Rate Total Weld County Communication Manhole Adjustment Install shims, ring and cover, and stabilize area around manhole with concrete base LS 1 3,600.00 3,600.00 Total $3,600.00 Contract For. Entity Information Entity Name WCC CONSTRUCTION LLC Entity ID* @00045160 O New Entity? Contract Name * Contract ID COMMUNICATION EXPANSION AND RENOVATION 8878 CHANGE ORDER #2 - MANHOLE REPLACEMENT Contract Status CTB REVIEW Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Contract Description * REPLACE A MANHOLE THAT WAS PAVED OVER IN A PREVIOUS PROJECT. Contract Description 2 Parent Contract ID Requires Board Approval YES Department Project # Contract Type* Department Requested BOCC Agenda Due Date CHANGE ORDER BUILDINGS AND Date* 11/23/2024 GROUNDS 11/27/2024 Amount* $4,264.20 Department Email Will a work session with BOCC be required?* CM- NO Renewable* BuildingGrounds@weld.go NO Does Contract require Purchasing Dept. to be included? Automatic Renewal Department Head Email YES CM-BuildingGrounds- Grant DeptHead@weld.gov Bid/RFP #* B2400120 County Attorney IGA GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date 03/07/2025 Committed Delivery Date Renewal Date Expiration Date" 03/07/2025 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 12/05/2024 Approval Process Department Head CURTIS NAIBAUER DH Approved Date 12/02/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12/09/2024 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 12/04/2024 12/05/2024 Tyler Ref* AG 120924 Originator CNAIBAUER nova c�- IDii K5-61 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Communications Building expansion and renovation. DEPARTMENT: Facilities DATE: October 24, 2024 PERSON REQUESTING: Patrick O'Neill Brief description of the problem/issue: The communications building renovation will include replacing parking lots and sidewalks. The ADA audit that was recently completed identifies some concerns at the entrances to this building. It is advisable to have those changes made during the renovation work rather than to do it a second time at a later date. What options exist for the Board? 1. Approve the change order. 2. Deny the change order. Consequences: If the changes are made at a later date, some of the work being done now will be removed and replaced a second time. Impacts: Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): $ 32,589.08 Recommendation: Facilities recommends placing this change order on an upcoming BOCC agenda for approval. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine Cohn+ dik- cc:OhbaV,(Bc-0 puLvcana5ful iscionio October 24, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Communication Expansion and Renovation - Change Order #1- 2024-2316 WCC was awarded the contract for the communications building expansion and renovation. Part of this project includes replacing the parking lot and some minor concrete repairs. Weld County recently completed a County wide ADA audit which identified some discrepancies in the sidewalks and ADA entrances around this building. It is preferred that these ADA changes be done at the same time the parking lot is being replaced so that we are not redoing parts of the parking lot a second time. The contractor on the project, WCC has provided costs to make the necessary changes to the building entrances and parking areas in the amount of $32,589.08. Therefore, the Facilities Department is recommending approving this Change Order in amount of $32,589.08. If you have any questions, please contact me at extension 2027. Sincerely, Patrick O'Neill Director Change Order # 1 to Service Agreement Between Weld County and WCC Construction, LLC Date: October 24, 2024 Original Agreement: 2024-2316 County Department: Facilities The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 2,255,000.00 Original Contract Amount $ 0.00 Previously Approved Change order(s) Amount $ 32,589.08 Current Change Order Amount $ 2,287,589.08 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: id Vie- Date Name: David Bode Title: VP/CM ATTEST: Weld County Clerk to the Boar BY: 1a(WQ�VI Deputy Clerk to the 10/31/2024 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO o D. Ross, Chair NOV 0 6 2024 Page 1of1 za -23lto WCC Construction LLC Date: October 22, 2024 Subject: PCO 01: Add Concrete Demo & Replacement PO No.: P2400685 Project Name: Weld County Records Renovation Project Location: 1551 North 17th Ave. Greeley, CO 80631 To: Will Hopkins, Construction Project Manager Will - Please review the following for pricing to ADD Concrete Removal & Replacement Per Site Plan Map: Demolition 2043SF Flat/195LF C&G: Concrete Material: ADA Polymer Truncated Dome Matts: Concrete Subcontractor: GC OH&P (15%): Bond (3%) Total Add: Change Request Adds - 0 — Day(s) To Contract Duration. Please advise if any additional information is required. Thank you. Sincerely, tmva 8ade- David Bode, CM/Project Manager WCC Construction, LLC 1112 Oxborough Lane Fort Collins, Colorado 80525 970-231-7899 WCCConstructionllc.com $ 9,147.00 $ 4,753.79 $ 2,032.16 $11,580.00 $ 4,126.94 $ 949.19 $32,589.08 REMOVE AND REPLACE EXISTING ADA RAMPS AND SIDEWALKS TO CORRECT SLOPE AND RAMP ISSUES THAT DO NOT MEED ADA REQUIREMENTS. INCLUDING ACCESIBILITY CONCERNS FOR VAN ACCESIBLE PARKING TO THE ADA RAMP. REMOVE AND REPLACE EXISTING SIDEWALK BECAUSE IT HAS SETTLED BEYOND THE 3/4" ALLOWABLE TOLLERANCE AND HAS BECOME A TRIP HAZARD. ontract Entity Information Entity Name * WCC CONSTRUCTION LLC Entity ID* @00045160 ❑ New Entity? Contract Name* Contract ID COMMUNICATIONS BUILDING RENOVATION ADA 8831 UPGRADES CHANGE ORDER Contract Status CTB REVIEW Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* CHANGE ASPHALT AND CONCRETE SIDEWALKS TO ADDRESS ADA AUDIT DEFICIENCIES NOTED AT THIS BUILDING. Contract Description 2 Contract Type * Department Requested BOCC Agenda Due Date CHANGE ORDER BUILDINGS AND Date* 11/02/2024 GROUNDS 11/06/2024 Amount* $32,589.08 Department Email Will a work session with BOCC be required?* CM- NO Renewable * BuildingGrounds@weld.go NO Does Contract require Purchasing Dept. to be included? Automatic Renewal Department Head Email YES CM-BuildingGrounds- Grant DeptHead@weld.gov Bld/RFP #* B2400120 County Attorney IGA GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 12/02/2024 Committed Delivery Date Renewal Date Expiration Date* 01/27/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 11/01/2024 Approval Process Department Head Finance Approver Legal Counsel PATRICK O'NEILL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/31/2024 11/01/2024 11/01/2024 Final Approval BOCC Approved Tyler Ref # AG 110624 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 11/06/2024 Cush ac�+- tbW 15 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND WCC CONSTRUCTION, LLC FOR WELD COUNTY COMMUNICATION EXPANSION AND RENOVATION THIS AGREEMENT is made and entered into this 1 t' day of(Ck• , 2024, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and WCC Construction, 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 terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2400120. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. Cohneryf rqeYldLQk I 0/1 /24 �0n��t�e r i o7�� ZOZ4- Z3l lQ BG 002(0 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $2,255,000.00, 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 retum such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. A. Types of Insurance: 1) 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. 2) 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. 3) 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. 4) 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: a. the Work includes Construction Surveying and/or Survey Monumentation and/or b. 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 i. Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, ii. Mix designs, iii. Contractor performed design work as required by the plans and Specifications, iv. Change Orders, or v. Approved Value Engineering Proposals. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. 5) Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. 6) Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $1,000,000 Aggregate $1,000,000 7) Builders' Risk Insurance or Installation Floater— Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. 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. 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. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub - tier contractors in the Project. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 -year floodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. 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. 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). B. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. C. 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. D. 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. E. 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. F. 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. G. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: David Bode Position: Vice President — Construction Manager Address: 1112 Oxborough Lane Address: Fort Collins, Colorado 80525 E-mail: David.b@wccconstructionllc.com Phone: (970 308-1280 County: Position: Patrick O'Neill Address: 1105 H Street Address: Greeley, Colorado 80631 E-mail: poneill@weld.gov Phone: (970) 400-2023 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services. 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. 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 by the Colorado Department of Labor and Employment. 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 federal or state law. If Contractor fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 31. Except where exempted by federal law and except as provided in C.R.S. § 24- 76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States, 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 federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract. 32. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 33.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. 34. 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. 35. 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: WCC Constr Lion LLC By: A Name: David Bode Title: VP/CM WELD COU Y: ATTEST: Weld County erk to the Boar BY: Deputy Clerk to the Boa 9/30/224 Date of Signature BOARD OF COUNTY COMMISSIONERS D COUNO vin D. Ross, Chair OCT 0 7 2024 zoZ��3l,O EXHIBIT A Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80601 Construction - Invitation for Bid (IFB) Cover Sheet Bid Number: Title: Issue Date: Pre -Bid Meeting: Pre -Bid Location: Questions Due: Questions email: Bid Due Date: Bid Delivery: For additional information: IFB Schedules Schedule A: Bid Instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance & Bonds B2400120 Weld County Communication Expansion and Renovation July 30, 2024 August 12th, 2024, at 10:00 am 1551 N. 17th Avenue, Greeley Colorado August 19th, 2024, by 5:00 pm bids@weld.gov August 26th, 2024, by 10:00 am, Purchasing's Clock Preferred email to bids(a�weld.gov or hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 bids©weld.gov Documents Included in this Bid Package Schedule F: Weld County Contract IFB Attachments Attachment 1 — Facilities Project Documents Attachment 2 — Project Drawings Table of Contents Construction - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Schedule A - Bid Instructions 3 Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 Schedule B - Scope of Work 5 Project Overview 5 Method of Procurement 5 Delivery Method 5 Pricing Method 5 Project Scope 5 Schedule C - Project Schedule 8 Schedule 8 Schedule D - Bid Form 9 Bid Submittal Instructions 9 Fees 9 Attestation 10 Schedule E — Insurance and Bonds 11 Insurance 11 Bonds 12 Insurance Mailing Information 13 Schedule F - Weld County Contract 14 Contractual Obligations 14 Weld County Standard Contract 14 Solicitation #B2400120 Page 2 Schedule A - Bid Instructions Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: Weld County Communications Expansion and Renovation A Mandatory pre -bid conference will be held on August 12th, 2024, at 10:00 am at the Weld County Communications Building at 1551 N. 17th Avenue, 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: August 26th, 2024 at 10:00 am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call August 26, 2024 at 10:30 am. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 867 888 838# Bid Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Submission 1. PREFERRED: email bids to bids(a�weld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Introductory Information 1 Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. 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 Solicitation #B2400120 Page 3 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 Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 2. 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 Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager 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 Procurement Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. 3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders 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. 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms. Solicitation #B2400120 Page 4 Schedule B - Scope of Work P roject Overview Weld County is seeking bids for a turn -key lump sum project for a vendor to provide general contracting services for the expansion and renovation of the Weld County Communications Building. This shall include all scope requirements as outlined in the project documents and this IFB. Method of Procurement Invitation for Bid (IFB): 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 IFB the contract. Delivery Method Design -Bid -Build (DBB): Design -Bid -Build (DBB) is the traditional project delivery method in which County either designs or retains a designer to furnish complete design services. Then solicits bids (advertises) and awards a separate construction contract based on the designer's completed construction documents. In DBB, the agency "owns" the details/risks of design during construction and as a result, is responsible for the cost of any errors or omissions encountered in construction. P ricing Method Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not -to -exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs. P egotiated Price: Negotiated contract prices are fees provided and agreed upon between the County and the bidder. P roject Scope The scope of this project is for the renovation of the Weld County Communications Center. This will be a three (3) phase project for the interior renovation as well as site fencing, paving, and parking lot reconfiguration. P ROJECT SPECIFIC TERMS AND CONDITIONS: 1. All submittals will need to be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly Solicitation #B2400120 Page 5 coordination meeting or upon request 4 Contractor is responsible for all material handling and deliveries Weld County will not accept any deliveries made to the building The contractor will use the work area(s) for any onsite storage that may be needed 5 The contractor will provide a full-time superintendent or project manager on site while any work is being performed 6 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 7 Weld County Communications building HVAC system operates on Metasys controls through Johnsons Controls and is currently operating on version 26 0 This cost and coordination are the responsibility of the contractor and is to be included in the contractors bid 8 Contractor will be responsible for providing a complete test and balance report before and after installation of the new mechanical equipment and systems 9 Contractor is responsible for phasing and coordination of all site work as to ensure the existing building staff day to day activities are not interrupted All coordination must be completed with the Weld County project manager 10 Contractor is responsible for the removal and disposal of all existing furniture and shall include' this cost in their lump sum bid 11 Contractor is responsible for providing their own construction office if they deem one is needed 12 Contractor is responsible for all construction site fencing, toilet accommodations, traffic control, barricades, and any temporary wall or partition needed to keep the building occupants separated from the construction areas and vice a versa 13 Existing building HVAC, Electrical, and plumbing systems must always remain operational in the areas where construction activities are not currently underway 14 Contractor is responsible for all survey requirements prior to demo and for all site grading and paving operations 15 Contractor is responsible for removing and disposing all existing in wall, above ceiling, and below raised flooring wiring and cabling that is not to be reused during the renovation/ Coordination with Weld County project manager and IT representative is the responsibility of the contractor 16 Contractor is responsible for verifying all existing building conditions prior to submitting their lump sum bid and all cost shall be included in their lump sum price 17 Contractor is responsible for coordinating the final location of all electrical and data outlets prior to installation of rough in boxes with the Weld County project manager and IT representative PROJECT CLOSE OUT. 1 Contractor will provide two (2) complete sets of O&M manuals 2 Contractor will provide two (2) complete sets of as-builts along with a digital file 3 Contractor will provide all manufacturer's warranty documentation for all equipment 4 Contractor will provide a detailed report for all craftsmanship and labor warranties 5 Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties 6 Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff Solicitation #B2400120 Page 6 7 Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project WELD COUNTY STANDARD TERMS AND CONDITIONS. 1 All submittals will be provided to the County project manager for review and approval no later than thirty (30) days after contract execution 2 Any additional work or scope that may result in changes must be submitted to he 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 costand or schedule impacts/delays 3 Any clarification or information needed from the contractor must be submitted through an RFI for response It is the contractor's responsibility for tracking and maintaining all RFI's An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request 4 RFI's are only to be sent through the County project manager RFI responses will be sent from the County project manager to the construction team Direct submissions to or responses from any other source will not be permitted If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed 5 All damages to building structure and finishes shall be repaired to original condition as a part of this contract 6 Contractor is responsible for all private and public locates 7 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 Contractor is responsible for the coordination and scheduling of all inspections that are required The contractor will be responsible for having a qualified representative on site for any inspection 8 All electrical work will be done by a qualified State licensed electrician 9 All plumbing work will be done by a qualified State licensed plumber 10 All mechanical work will be done by a qualified State Licensed technician 11 Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost Any damages occurred will be the contractor's responsibility to repair or replace 12 All lifting and hoisting equipment shall be provided by the contractor as needed 13 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements 14 No bid bond is required for this project 15 Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project 16 Contractor will be required to provide builders risk insurance in the amount of the bid 17 All trash and debris to be properly disposed of offsite Due to the space constraints of this project this will need to be done on a regular basis At no time will debris be allowed to accumulate 18 Weld County is a tax-exempt entity 19 Davis -Bacon and Buy American requirements are NOT required Solicitation #62400120 Page 7 Schedule C - Project Schedule Schedule 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 Complete July 30, 2024 July 30, 2024 August 12, 2024 August 19, 2024 August 26, 2024 September 11, 2024 September 25, 2024 November 11, 2024 July 25, 2025 Solicitation #B2400120 Page 8 Schedule D - Bid Form 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 August 26, 2024: 1) Schedule B- Scope of Work 2) Schedule D — Bid Form 3) W9, if applicable.* 4) Any potential or future Addenda must be completed/acknowledged. 5) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project in the space below: Description Price Architectural $ Mechanical $ Electrical $ Plumbing $ Civil $ Other $ Total Lump Sum Cost $ The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2400120. 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. Acknowledgement of Schedule E — Insurance and Bond 5. Acknowledgment of Schedule F — Weld County Contract 6. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 7. 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. Solicitation #B2400120 Page 9 Attestation Item Entry Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Title: Date of Signature Solicitation #B2400120 Page 10 Schedule E — Insurance and Bonds Insurance 1. The Contractor shall furnish a certificate of insurance for commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability upon notification of award and prior to performance. Work shall not commence under this Agreement/Contract until the Contractor has submitted to the County, and received approval thereof, the certificate of insurance showing compliance with the following types and coverage of insurance. a. Commercial General Liability Insurance: to include products liability, completed operations, contractual, broad form property damage, and personal injury. Each Occurrence General Aggregate $1,000,000 $2,000,000 b. Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired, leased, or borrowed. Bodily Injury/Property Damage $1,000,000 (each accident) Personal Injury Protection Per Colorado Statutes c. Workers' Compensation Insurance: Per Colorado Statutes d. Professional Liability Insurance*: to include coverage for damages or claims for damages arising out of the rendering, or failure to render, any professional services. Each Occurrence $1,000,000 *This insurance requirement applies only to Contractors who are performing services under this Agreement as professionals licensed under the laws of the State of Colorado, such as physicians, lawyers, engineers, nurses, mental health providers, and any other licensed professionals. 2. The Contractor's commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability insurance policies and/or certificates of insurance shall be issued to include Weld County Government as an "additional insured" and shall include the following provisions: a. Underwriters shall have no right of recovery or subrogation against the County, it being the intent of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses resulting from the actions or negligence of the Contractor. b. The insurance companies issuing the policy or policies shall have no response against the County for payment of any premiums due or for any assessments under any form of any policy. Solicitation #B2400120 Page 11 c. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 3. If any of the said policies shall be or at any time become unsatisfactory to the County as to form or substance, or if a company issuing any such policy shall be or at any time becomes unsatisfactory to the County, the Contractor shall promptly obtain a new policy, submit the same to the Purchasing Division of Weld County for approval, and thereafter submit a certificate of insurance as herein provided. a. Upon failure of the Contractor to furnish, deliver, and maintain such insurance as provided herein, this Agreement/Contract, at the election of the County, may be immediately declared suspended, discontinued, or terminated. b. Failure of the Contractor to obtain and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement/Contract, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning indemnification. c. Contractor shall provide copies insurance coverage policies to the County department maintaining contract administration duties. These include initial policy, updated/changes to coverage, extensions, renewals, etc. 4. If the Contractor is a Joint Venture, then the respective parties thereto are each individually held fully responsible for completion of the project according to the terms of this Agreement. The parties thereto also have joint and several liabilities to the County for any liquidated damages assessed or for performance bond claims against the Joint Venture. The performance bond and all insurance required by this Agreement shall set forth the identity of each party to the Joint Venture. Bonds 1. For projects over $50,000 the following bonds are required: a. Performance Bond in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. b. Payment Bond (Labor and Materials) in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. 2. Surety companies executing bonds must appear on the U.S. Treasury Department's most current list (Circular 570) as amended and be authorized to transact business in the State of Colorado. 3. A 5% Retainage Fee will be held for Construction contracts over $150,000. 4. Bonds may be submitted on the Standard AIA form or Weld County Form. Solicitation #B2400120 Page 12 Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Email • Project Manager: Will Hopkins Email: whopkins@weld.gov Telephone: (970) 400-2044 Mail: Weld County Facilities Department ATTN: Will Hopkins PO Box 758 Greeley, CO 80632 Solicitation #B2400120 Page 13 Schedule F - Weld County Contract Contractual Obligations 1 The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time, but is part of the evaluation process and must be included. There may be negotiations on a project -by -project basis that provide further clarification. Weld County Standard Contract Below is the standard Weld County Contract for Construction. Agreement for construction services Between Weld County and [Contractor] For [Insert Name of Project] THIS AGREEMENT is made and entered into this [Insert] day of [Insert], 2024, by and between the Board of Weld County Commissioners, on behalf of the [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and Solicitation #B2400120 Page 14 WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. Bid Number] Exhibit B consists of Contractor's Response to County's Request for Bid. [Insert 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may 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 Solicitation #B2400120 Page 15 County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $[Insert], as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement Solicitation #B2400120 Page 16 after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with'a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C R S 29-1-101 et seq ) and the TABOR Amendment (Colorado Constitution, Article X, Sec 20) 7 Independent Contractor Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement 8 Subcontractors Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no ,personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work Contractor shall require each ' subcontractor, as approved by County and to the extent of the Work to be performed, by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County County shall have the right (but not the obligation) to enforce the provisions,of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors 9 Ownership All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County In , addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to, this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County Contractor shall not make use of such material for purposes other than in connection with this Agreement without` prior written approval of County 10 Confidentiality Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL" However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C R S 24-72- 201, et seq , with regard to public records, and cannot guarantee the confidentiality of all documents Contractor agrees to keep confidential all of County's confidential information Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement 11 Warranty Contractor warrants that the Work performed under this Agreement will be, _ performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement Contractorfurther represents and warrants that Solicitation #B2400120 Page 17 all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must - correct any failures or deficiencies caused by Contractor's workmanship or performance This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits 12 Acceptance of Services Not a Waiver Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc , generated during completion of this work Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project In no event shall any action, by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any nght: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 1) 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 2) 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 3) 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 Solicitation #B2400120 Page 18 4) Professional Liabihty (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 a the Work includes Construction Surveying and/or Survey Monumentation and/or b 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 Shop drawings and working drawings as defined in subsection 105 25 of the Specifications, ii Mix designs, iii Contractor performed design work as required by the plans and Specifications, iv Change Orders, or v Approved Value Engineering Proposals The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract Contractor shall maintain limits for all claims covenng 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 5) Umbrella or Excess Liability Insurance Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted The policy shall be written on an Occurrence form and shall be following form of the primary 6) Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits The policy shall cover the Contractor's completed operations Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos) If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed Minimum Limits Per Loss $1,000,000 Aggregate $1,000,000 Solicitation #B2400120 Page 19 7) Builders' Risk Insurance or Installation Floater— Completed Value Basis Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption dunng 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 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 The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project ' The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading Flood damage coverage is not required for work within the floodway or 100 year floodplain Regardless, Contractor shall bear all nsk associated with any and all loss resulting from flood events dunng construction 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 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) B The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy Solicitation #B2400120 Page 20 C 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 D 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 E 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 F 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 G 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 Solicitation #B2400120 Page 21 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: [Insert] Position: Address: [Insert] [Insert] Address: [Insert] E-mail: Phone: [Insert] [Insert] County: Position: [Insert] Solicitation #B2400120 Page 22 Address: Address: E-mail: Phone: [Insert] [Insert] [Insert] [Insert] 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their n ature 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 u nenforceable by a court of competent jurisdiction, this Agreement shall be construed and e nforced 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 Solicitation #B2400120 Page 23 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 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 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 underthis 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 by the Colorado Department of Labor and Employment 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 federal or state law If Contractor fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages 31 Except where exempted"by federal law and except as provided in C.R.S. § 24-76.5- 103(3), if Contractor receives federal or state funds under'the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States, 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 federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract Solicitation #B2400120 Page 24 32 Public Contracts for Services C.R.S. §8-17-101 For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law In accordance with C R S §8-17-107 and 2 C F R §200 319(c), this section shall not apply if the Work is funded wholly or in part with federal funds] 33 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 34 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 35 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 By Name Title WELD COUNTY ATTEST Weld County Clerk to the Board Date of Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Solicitation #B2400120 Page 25 BY: Deputy Clerk to the Board [Insert Name], Chair Solicitation #B2400120 Page 26 EXHIBIT B Carolyn Geisert From: Sent: To: Cc: Subject: Attachments: David Bode<david.b@wccconstructionllc.com> Wednesday, August 28, 2024 9:55 AM bids Jeffrey Wampler Re: B2400120 WELD COUNTY COMM EXP. WCC CONSTRUCTION LLC Addendum #1 - Communication Expansion and Renovation QA -120-SIGNED.pdf; SCHED B.pdf; SCHED D.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello- Pls. see Revised. PLEASE disregard previous email attachments. Thank you On Wed, Aug 28, 2024 at 9:46 AM David Bode<david.b@wccconstructionllc.com>wrote: Hello - Please see attached. I hereby waive my right to a sealed bid. Thank you David M. Bode Vice President - Construction Manager WCC Construction LLC 1112 Oxborough Lane Fort Collins, Colorado 80525 Phone: 970-308-1280 Email: David.B@WCCConstructionllc.com 1 David M. Bode Vice President - Construction Manager WCC Construction LLC 1112 Oxborough Lane Fort Collins, Colorado 80525 Phone: 970-308-1280 Email: David.B@WCCConstructionlIc.com 2 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a turn -key lump sum project for a vendor to provide general contracting services for the expansion and renovation of the Weld County Communications Building. This shall include all scope requirements as outlined in the project documents and this IFB. Method of Procurement Invitation for Bid (IFB): 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 IFB the contract. Delivery Method Design -Bid -Build (DBB): Design -Bid -Build (DBB) is the traditional project delivery method in which County either designs or retains a designer to furnish complete design services. Then solicits bids (advertises) and awards a separate construction contract based on the designer's completed construction documents. In DBB, the agency "owns" the details/risks of design during construction and as a result, is responsible for the cost of any errors or omissions encountered in construction. Pricing Method Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not -to -exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs. Negotiated Price: Negotiated contract prices are fees provided and agreed upon between the County and the bidder. Project Scope The scope of this project is for the renovation of the Weld County Communications Center. This will be a three (3) phase project for the interior renovation as well as site fencing, paving, and parking lot reconfiguration. PROJECT SPECIFIC TERMS AND CONDITIONS: 1. All submittals will need to be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFi for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. Solicitation #B2400120 Page 5 4 Contractor is responsible for all material handling and deliveries Weld County will not accept any deliveries made to the building The contractor will use the work area(s) for any onsite storage that may be needed 5 The contractor will provide a full-time superintendent or project manager on site while any work is being performed 6 The contractor is responsible for all daily cleanup and ensunng 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 7 Weld County Communications building HVAC system operates on Metasys controls through Johnsons Controls and is currently operating on version 26.0 This cost and coordination are the responsibility of the contractor and is to be included in the contractors bid 8. Contractor will be responsible for providing a complete test and balance report before and after installation of the new mechanical equipment and systems 9 Contractor is responsible for phasing and coordination of all site work as to ensure the existing building staff day to day activities are not interrupted All coordination must be completed with the Weld County project manager 10 Contractor is responsible for the removal and disposal of all existing furniture and shall include this cost in their lump sum bid 11 Contractor is responsible for providing their own construction office if they deem one is needed 12 Contractor is responsible for all construction site fencing, toilet accommodations, traffic control, barricades, and any temporary wall or partition needed to keep the building occupants separated from the construction areas and vice a versa 13 Existing building HVAC, Electrical, and plumbing systems must always remain operational in the areas where construction activities are not currently underway 14 Contractor is responsible for all survey requirements prior to demo and for all site grading and paving operations 15 Contractor is responsible for removing and disposing all existing in wall, above ceiling, and below raised floonng wiring and cabling that is not to be reused during the renovation/ Coordination with Weld County project manager and IT representative is the responsibility of the contractor 16 Contractor is responsible for verifying all existing building conditions prior to submitting their lump sum bid and all cost shall be included in their lump sum pnce 17 Contractor is responsible for coordinating the final location of all electrical and data outlets prior to installation of rough in boxes with the Weld County project manager and IT representative PROJECT CLOSE OUT: 1 Contractor will provide two (2) complete sets of O&M manuals 2 Contractor will provide two (2) complete sets of as-builts along with a digital file 3 Contractor will provide all manufacturer's warranty documentation for all equipment. 4 Contractor will provide a detailed report for all craftsmanship and labor warranties 5 Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties 6 Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff 7 Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project Solicitation #B2400120 Page 6 WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All submittals will be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2 Any additional work or scope that may result in changes must be submitted to the County project manager'in wnting and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays 3 Any clarification or information needed from the contractor must be submitted through an RFI for response It is the contractor's responsibility for tracking and maintaining all RFI's An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request 4 RFI's are only to be sent through the County project manager RFI responses will be sent from the County project manager to the construction team Directsubmissions to or responses from any other source will not be permitted If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed 5 All damages to building structure and finishes shall be repaired to original condition as a part of this contract 6 Contractor is responsible for all pnvate and public locates 7 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 Contractor is responsible for the coordination and scheduling of all inspections that are required The contractor will be responsible for having a qualified representative on site for any inspection 8 All electrical work will be done by a qualified State licensed electrician 9 All plumbing work will be done by a qualified State licensed plumber. 10 All mechanical work will be done by a qualified State Licensed technician 11 Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost Any damages occurred will be the contractor's responsibility to repair or replace 12 All lifting and hoisting equipment shall be provided by the contractor as needed 13 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements 14 No bid bond is required for this project - 15. Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project 16 Contractor will be required to provide builders risk insurance in the amount of the bid 17 All trash and debris to be properly disposed of offsite Due to the space constraints of this project this will need to be done on a regular basis At no time will debns be allowed to accumulate 18. Weld County is'a tax-exempt entity 19 Davis -Bacon and Buy Amencan requirements are NOT required. Solicitation #82400120 Page 7 Schedule D - Bid Form 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 August 26, 2024: 1) Schedule B- Scope of Work 2) Schedule D — Bid Form 3) W9, if applicable.* 4) Any potential or future Addenda must be completed/acknowledged. 5) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project in the space below: Description Price Architectural $ 614 720...00 $ 2264400.00 Mechanical . $ 552412,00 Electrical , $ 4378010Q Plumbing 631,5650 Civil 1186a2,00 Other Total Lump Sum Cost $2,255,000.00 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2400120. 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. Acknowledgement of Schedule E — Insurance and Bond 5. Acknowledgment of Schedule F — Weld County Contract 6. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 7. 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. Attestation Solicitation #B2400120 Page 9 Item Entry Company Name: WCC CONSTRUCTION LLC Address: 1112 Oxborough Lane Fort Collins. CO 80525 Phone 970-308-1280 david.b@wccconstructionllc.com Email: 85-2042956 FEIN/Federal Tax ID #: CONTRACTOR: By: Vain -eel 3O'aA Name: David Bode Title: VP/CM 8/28/2024 Date of Signature Solicitation #82400120 Page 10 Addendum # 1 Bid Request Number B2400120 Weld County Communication Expansion and Renovation I. Question The ceiling tile says to match existing Can you provide the brand/style of the grid and panels? Answer All ceiling tiles shall be the same line throughout the building Acoustical ceiling systems shall be equal to Armstrong Canyon commercial ceilings Ceiling tiles shall be 24" x 48" or 24" x 24" tiles as shown on drawings, in a standard t -bar suspension system Suspension system for ceiling shall be hot dipped galvanized steel body and match existing unless noted otherwise, exposed surfaces of all ceiling grids shall be white 2 Question The new fixtures on sheet E11 and E16 show some are A2 fixtures but there are no A2 fixtures on the schedule, should these be AE fixtures from the fixture schedule? Answer A2 and AE are the same 3 Question The rest of the fixtures on sheet E16 are not identified, are these supposed to be A fixtures from the fixture schedule? Answer All 2x4 fixtures are Type A, unless noted as Type A2 4 Question Note 3 on sheet E15 says the UPS is to be replaced, is that going to be owner provided or do they want us to provide? If they want us to provide, we will need some specifications for what they want Answer The specifications are noted on the plans The Contractor will provide and install an APC 60KW, N+1 Input voltage shall be 2080,30, 4w+g and output voltage shall be 208v,30,4w+g The ups shall include all accessories required for an operational system The auxiliary battery cabinet shall be an APC and shall supply an additional 12 minutes of battery at full load The battery charger shall be 5 5kw The 12" bypass shall provide a static bypass, a maintenance bypass, and a 225a/3p output breaker APC provides all the UPSs for the County and helped specify this and knows contractors will call for pricing 5 Question If we are providing fire alarm what is the existing system or is it being replaced entirely? Answer Fire Alarm system is to be Honeywell Firelite and shall be replaced in its entirety 6 Question Do we have a finish color for Storefront windows & doors? Answer Dark Bronze 7 Question Can we use manufacturer standard hardware for Storefront double doors EX -A -B? or do we need to stick to the Von Duprm hardware? Answer Von Duprin Question Door schedule calls out for doors 18 & 154 to have frame type F-2, but these are shown as double doors on the print Which is correct? Answer The floor plan is correct 9 Question Can we get CAD files for parking lot? Answer CAD files will be provided to the awarded contractor 10 Question Do you have a soils report'? Answer There is not a soils or Geotech report for this project 11 Question Please provide floor to floor height for walls and ceiling constructabdity? Answer All ceilings will be within a few inches of the existing and need to be coordinated with the above ceiling equipment, however, the ceilings will be as follows if possible The Phase 1 ceilings will be at 9'-0" The Phase 2 ceilings will be at 8'-6" The Phase 3 ceilings will be as follows Entry 101, Vest 154, Training 104, Hall 105, Meeting 107, and Supply 113 — 8'6", Lobby 102 —12'-0", Lunch 127, Offices, Corridors, and Restrooms — 9'-0" 12 Question Clarify height of the existing acoustical ceiling'? Answer See question #11 13 Question Clarify the ceiling replacement height at wall A&B indicate — varies'? Sheet A-21 General Note E indicates ceiling height provided on ceiling plans'? It is not Answer See question #11 14 Question Need the new ceiling height for the walls thru ceiling'? Answer See question #11 15 Question Need to verify the new ceiling will match all existing walls that remain Or are we extending the wall'? Answer The ceilings will be at approximately the same height See Question 6 16 Question Ceiling tile in phase 2" Answer All ceiling tiles shall be the same line throughout the building Acoustical ceiling systems shall be equal to Armstrong Canyon commercial ceilings Ceiling tiles shall be 24" x 48" or 24" x 24" tiles as shown on drawings, in a standard t -bar suspension system Suspension system for ceiling shall be hot dipped galvanized steel body and match existing unless noted otherwise, exposed surfaces of all ceiling gods shall be white 17 Question Clarify with a wall section detail of raised floor with respect to walls, ceiling and height off the floor? Answer Wall framing shall be from slab to above ceiling and not on top of raised floonng Drywall shall be from raised floor to above ceiling 18 Question Can you provide a detail on the raised floor'? Height'? Structure'? Answer The raised floonng is 6" high See the specifications on the drawings 19 Question Can you provide a detail for the railing at the ramps? Answer The railing shall match the existing railing 20 Question Will Weld County be removing the existing furniture throughout? Dispatch area? Answer Weld County will remove the furniture/workstations within the call center/dispatch All typical office furniture is to be removed and disposed of by the contractor and shall be included in their bid 21 Question Phasing of parking lot? Do you want demo/new asphalt/stnpping done per phase? Or can we just phase the asphalt and lot stripping? Keeping section available for employees to park? Answer This will be coordinated during construction, but the parking lot areas will have to be phased in a maximum of three phases We must remain a section of parking lot accessible to employees at all times 22 Question Owner will supply and install CR? Answer Yes, contractor is responsible for the coordination and install of all pathways and ensuring door frames and doors are prepped accordingly 23 Question Project is tax exempt? Answer Yes 24 Question In Prebid it was mentioned there was a spot in bid documents to put start and competition date of project I didn't see where that is located in bid documents Answer Please provide your anticipated construction start and finish for each phase 25 Question Please consider the due date, typically it is in the best interest of the owner to not have a die due Monday morning Answer Please refer to this addendum 26 Question Can the time of the day or the day of the week of the bid deadline be postponed to the end of the day or the following day to better allow subcontractors and prime contractors to respond Answer Please refer to this addendum 27 Question Please indicate the existing building deck height for full height walls and top of wall bracing Answer See previous answers 28 Question Please indicate new ceiling heights Answer See previous answers 29 Question Please indicate existing drywall finish Answer Per the specifications, all new drywall and patches shall be textured to match the existing walls All existing walls have texture 30 Question Please indicate the manufacturer and the model information for the existing raised access flooring that is indicated to be extended Answer This is not known 31 Question Please provide a view of the area below raised access flooring Answer This is not available at this time The awarded contractor will have access to view after contract 32 Question Does the owner have any attic stock or of the existing raised access flooring? If so, any idea of quantities? Answer There is no stock of the existing flooring 33 Question Please indicate area of new raised flooring and where it connects to existing raised access flooring? Answer See the attached, revised A-13 34 Question If the information of the existing raised access flooring is unknown, it is recommended that the Owner either set an allowance for the new systems until a match can be determined or specify all new raised access flooring throughout that will match Answer Bid per the project documents and specifications 35 Question Due to the height of the raised access floor system, there are several areas where the transition is unknown or where the raised access floor stops or continues a Dispatch 112 to west exterior door — should there be a step and or a ramp? b Dispatch 112 to office 108 and office 109 — is there a step or does the system continue into these offices? Answer a See the attached, revised A-13 b Offices 108 and 109 have existing raised flooring 36 Question How many dispatch stations must be operable dunng work hours? Where shall these be located? Answer Phase 2 must remain operational until phase 1 is complete Admin and 6 workstations will be moved into the completed phase 1 area and must stay operational throughout the remainder of the project 37 Question Please specify the working hours for each phase and any other events or times that construction will be prohibited Answer Typical working hours will be Monday thorough Friday 7am to 5pm Any noise producing work during those hours will need to be coordinated with the Weld County Project Manager 38 Question Please indicate who will be responsible for furniture moving between phases Also, please indicate if there are places in the building that will be used for storage Answer Weld County will be responsible for moving furniture between phases There will not be any storage outside of the contractors work area for each phase 39 Question Will the owner require a fire watch when the fire alarm system is shutdown throughout the construction and connections to the existing system? Are there specific requirements for the Fire Watch'? Answer Contractor will be responsible for keeping the existing fire alarm service intact and operational in any occupied area during construction If fire watch is needed it will be the responsibility of the contractor and must meet all applicable Federal, State, and Local laws Any cost for Firewatch shall be included in the contractors bid 40 Question Will there be liquated damages assessed at any point in the project? If so, what are the amounts? Answer No 41 Question Please confirm if the GC is to pay for cost of electrical and water usage for project needs Answer Weld County will be responsible for electrical and water utility cost dunng construction 42 Question Door schedule calls for separate hardware for doors 112 and 127, but doors appear to be the same door Please confirm Door Hardware type of 112/127 Answer This is door 127 as scheduled on the door schedule 43 Question Please provide location for door 105 -hall indicated in the door schedule as A-15 does not show a door opening labeled 105 Answer Disregard door 105 on the schedule 44 Question Please confirm frame material type for intake window and interior window at office 109 Answer See the attached additional specifications included in Q&A 45 Question Please clarify the intent of note 4 on A-13, is the intent to leave the existing door and frame in place, to remove the door lockset hardware, secure the door permanently closed, and infill any holes left from the hardware and provide framing and drywall over the door to the interior of the budding? Answer Provide a new door and frame 46 Question At the end of the hall 138 in phase 1, there is an existing door labeled EX Per note 3 on the door schedule on A-20, this door is to be replaced with a new door assembly This same hall 138 in phase 3 is labeled 017 and at the same location of this door (adjacent to room AQM015 and LA Office 014), there is no door indicated or shown Please clarify if this door is to be replaced with a new door per the door schedule notes, or if it is to be removed in Phase 3. If so, please confirm that this existing door shall not be replaced with a new door in phase 1. Answer: This door is existing to remain for Phase 1 and removed completely in Phase 3. 47. Question: Do any location in the building require acoustic control for construction activities? If so, please specify the noise mitigation required. Answer: Any noise producing work will need to be coordinated with the weld county project manager. Noise levels must be kept to an acceptable level for the building occupants. If any noise mitigation is needed it will be the contractor's responsibility and must be included in their bid. 48. Question: Please provide a spec or basis of design for proposed access personnel gates, and vehicle gates. Answer: Provide chain -link gates as detailed in the project drawings. 49. Question: Please confirm all controlled access readers and devices are to be provided by the county. Answer: Card readers and controls are by the County. The mounting boxes, hardware, locks, conduit, and boxes are by the Contractor. 50. Question: Sheet A-22 shows women's restroom 155 has accessory K, please confirm accessory type. Answer: Accessory K is a surface mounted sanitary product dispenser. similar to accessory G. Question: Note 6 on E-13 indicates providing outlets for each dispatch station to be coordinated with final design. Typically, this would be something that would be built into the furniture system, so please confirm if these would be in the furniture system which would be hard wired into the building electrical distribution at the floor boxes as shown on the circuiting. Otherwise. are we to assume that these outlets are in the floor box. Answer: - Note 6 indicates wall mounted monitors located throughout the space. The owner will provide final furniture layouts at a later date, with the monitors located. 51. Question: Referencing the new awning detail on 5/A-20, please indicate if the sides shall be open or covered in the same standing seam metal as the sloped awning. Please indicate if the frame shall be steel or aluminum and if that shall receive any finish. Will this awning require engineered shop drawings? Answer: The sides will be open. The frame can be either steel or aluminum; however, the fasteners and dissimilar metals must be taken into consideration. The finish shall be dark bronze or black. Manufacturer's shop drawings will be required. 53. Question: Please provide dimensions for existing windows to receive new film and blinds. Answer: The office and dispatch storefront windows consist of three areas of glazing. Each window is 8'W x 4'8" H with three equal glazing. The Lunchroom window is 5'4"W x 4'8"H with two equal glazing. 54 Question is there a phase plan required for the parking lots? If, so, is there a lot section that would be preferred to be paved first? Answer See previous answers 55 Question In phase 3, there is a skylight in Lobby 102 Will there be any special tnm we need to account for at this skylight? Axiom? If so what size? Answer There is no special trim, lust finished drywall 56 Question What is the ceiling manufacturer and product number for the tile Answer See previous answers 57 Question The new fence, is to have (3) strands of barbed wire? Existing fence appears to have more than 3 strands Note C-3 says to match existing Answer Provide 3 strands 58 Question Is the fence between with buildings being set in sod'? Or core drill/plates in concrete? Answer The majority of the posts will be installed in concrete in the grassy areas beyond the curb or in landscaped areas A few posts will be in the paved areas at the front of the building 59 Question Front area of fencing across parking lot will it be set in sod? Answer See question #58 60 Question Personnel gate A-23 indicates a 96"x36" The fence is 6' tall, will there be an updated drawing to reflect a 6' tall fence? Answer Please provide a 6' tall gate to match the fence specification 61 Question Is there a spec for gate hardware'? i e panic bar? Answer Gate hardware shall be by DAC Industries or equal and shall include Panic Bar, lock guard, lock box, receiver bracket, mounting plate, and accessories to allow connection to owner provided card reader and core 62 Question Is automation to be completed by owner? Answer Contractor is to provide a fully functional system or systems and must coordinate with the owners provided equipment 63 Question Lunch Room and Mother's Room sections don't match the elevations Answer Bid per the floor plan 64 Question Is there a specification for the brackets Answer The brackets need to be able to support the countertops 65 Question As this is in phases, do we have to separate the numbers as well as gear up for Phase 1, then again for Phase 3 Answer No, but see in the project specific specifications of possible time needed in between phases 66 Question Wilsonart is going to self -distribute in Denver as of October, 2024, which means the distributor in Denver (they have been the distributor for 30 years) are not re -stocking anything and everything is so far out on back order This would be true of Shaker Cherry, which under normal circumstances, would be stocked --now note Answer This will be taken into consideration, however, Phase 3 will be far enough out to allow the lead time 67 Question Can bid date be extended? Answer Please refer to this addendum for bid due date change 68 Question Will any parts of the building be occupied during construction? Will 911 be relocated during phase 2 and 3 construction? Answer Yes, the current dispatch and admin area shown as phase two as well as the clinic area shown as phase 3 will be occupied during phase one Phase one will be occupied during phase 2 and 3 69 Question The luminaire schedule indicates a Type AE fixture as an EM fixture, but the lighting fixtures on the drawings shown on E11 and E16 are depicted as a Type A2 fixture Are the Type A2 fixtures supposed to be the Type AE fixtures? Answer A2 and AE are the same 70 Question Electrical Panels E21 On sheet E21 note #1 the detail identifies the panels used, please indicate what panel manufacturer is panel A on the Partial One -Line Diagram Answer ELA and UPS panels are Square D NQ, the other panels are GE 71 Question What panel manufacturer should be used for the new panel N? Answer GE or Square D are acceptable 72 Question Please confirm if new floor outlets in training room 104 are to be poke-thru or on floor outlets Answer Provide the same Evolution multi -gang box used elsewhere 73 Question Sheet E13 work note #6 calls for 6 monitors which may overload existing receptacle circuits, please provide current rating for the 6 TV monitors Answer Each monitor is approximately 115W 74 Question E13 Sheet E13 work note #9 indicates that the floor boxes in Dispatch 112 shall match the existing Legrand Evolution Series Please provide the existing model of floor boxes so that they can be matched Answer The existing box model is unknown Provide a 6 -gang Evolution box with appropnate fittings and covers Existing boxes and associated floor tiles (approximately 22) should be used where possible , 75 Question Regarding the UPS System a What is the existing APC UPS System model number? - The existing UPS is a Liebert b Is this project registered with APC? If so, what is the ISX number? c Is the external MBP to be wall mounted or a side car? - Side car Answer a The existing UPS is a Liebert Contractor must provide a new APC UPS as per the project documents and specifications b No c Side car 76 Question Please confirm number of emoting power poles in all demolition areas Answer Approximately 8 77 Question Sheet A-14 note #2 calls for toilets and urinals to be saved for reinstallation, however P-1 sheet detail notes #1/82 call for all new plumbing fixtures Please confirm if toilets and urinals are to be saved for reinstallation or if all new fixtures are to be provided Answer All existing fixtures are to be saved for Weld County, they are not to be reinstalled New fixtures are to be provided in all areas Changes to current bid schedule: Currently Reads Bids Are Due Bid Award Notice Contract Execution Construction Start Change. Bids Are Due Bid Award Notice Contract Execution Construction Start August 26, 2024 at 10 00 am September 11, 2024 September 25, 2024 November 11, 2024 August 28, 202410 00 am September 18, 2024 October 2, 2024 November 18, 2024 Currently Reads Project specifications per the project documents provided Change Additional specifications provided 084114 - INTERIOR ALUMINUM -FRAMED WINDOWS PROVIDE WINDOW/GLAZING SYSTEM AS SHOWN, INCLUDE ANCHORAGE FOR THE SITE CONDITIONS PRODUCT DATA INCLUDE CONSTRUCTION DETAILS, MATERIAL DESCRIPTIONS, DIMENSIONS OF INDIVIDUAL COMPONENTS AND PROFILES, HARDWARE, FINISHES, AND INSTALLATION INSTRUCTIONS FOR EACH TYPE OF ALUMINUM -FRAMED WINDOW SYSTEM INDICATED SHOP DRAWINGS INCLUDE PLANS, ELEVATIONS, SECTIONS, DETAILS, HARDWARE, AND ATTACHMENTS TO OTHER WORK, OPERATIONAL CLEARANCES AND INSTALLATION DETAILS INSTALLER QUALIFICATIONS AN INSTALLER WHICH HAS HAD SUCCESSFUL EXPERIENCE WITH INSTALLATION OF THE SAME OR SIMILAR UNITS REQUIRED FOR THE PROJECT AND OTHER PROJECTS OF SIMILAR SIZE AND SCOPE MANUFACTURER QUALIFICATIONS A MANUFACTURER CAPABLE OF PROVIDING ALUMINUM - FRAMED WINDOW SYSTEM THAT MEET OR EXCEED PERFORMANCE REQUIREMENTS INDICATED AND OF DOCUMENTING THIS PERFORMANCE BY INCLUSION OF TEST REPORTS, AND CALCULATIONS SOURCE LIMITATIONS OBTAIN ALUMINUM -FRAMED WINDOW SYSTEM THROUGH ONE SOURCE FROM A SINGLE MANUFACTURER FIELD MEASUREMENTS VERIFY ACTUAL DIMENSIONS OF ALUMINUM -FRAMED WINDOW OPENINGS BY FIELD MEASUREMENTS BEFORE FABRICATION AND INDICATE FIELD MEASUREMENTS ON SHOP DRAWINGS ALUMINUM EXTRUSIONS WINDOW FRAMES SHALL BE BRONZE TO MATCH EXISTING WINDOW SYSTEMS ALLOY AND TEMPER RECOMMENDED BY ALUMINUM WINDOW MANUFACTURER FOR STRENGTH, CORROSION RESISTANCE, AND APPLICATION OF REQUIRED FINISH AND NOT LESS THAN 0 070" (1 8 MM) WALL THICKNESS AT ANY LOCATION FOR THE MAIN FRAME AND COMPLYING WITH ASTM B 221 6063-T6 ALLOY AND TEMPER FASTENERS ALUMINUM, NONMAGNETIC STAINLESS STEEL OR OTHER MATERIALS TO BE NON- CORROSIVE AND COMPATIBLE WITH ALUMINUM MEMBERS, TRIM HARDWARE, ANCHORS, AND OTHER COMPONENTS ANCHORS, CLIPS, AND ACCESSORIES ALUMINUM, NONMAGNETIC STAINLESS STEEL, OR ZINC - COATED STEEL OR IRON COMPLYING WITH ASTM B 633 FOR SC 3 SEVERE SERVICE CONDITIONS OR OTHER SUITABLE ZINC COATING, PROVIDE SUFFICIENT STRENGTH TO WITHSTAND DESIGN PRESSURE INDICATED REINFORCING MEMBERS ALUMINUM, NONMAGNETIC STAINLESS STEEL, OR NICKEUCHROME- PLATED STEEL COMPLYING WITH ASTM B 456 FOR TYPE SC 3 SEVERE SERVICE CONDITIONS, OR ZINC -COATED STEEL OR IRON COMPLYING WITH ASTM B 633 FOR SC 3 SEVERE SERVICE CONDITIONS OR OTHER SUITABLE ZINC COATING, PROVIDE SUFFICIENT STRENGTH TO WITHSTAND DESIGN PRESSURE INDICATED PERIMETER ANCHORS WHEN STEEL ANCHORS ARE USED, PROVIDE INSULATION BETWEEN STEEL MATERIAL AND ALUMINUM MATERIAL TO PREVENT GALVANIC ACTION PACKING, SHIPPING, HANDLING AND UNLOADING DELIVER MATERIALS IN MANUFACTURER'S ORIGINAL, UNOPENED, UNDAMAGED CONTAINERS WITH IDENTIFICATION LABELS INTACT STORAGE AND PROTECTION STORE MATERIALS PROTECTED FROM EXPOSURE TO HARMFUL WEATHER CONDITIONS HANDLE MATERIAL AND COMPONENTS TO AVOID DAMAGE PROTECT MATERIAL AGAINST DAMAGE FROM ELEMENTS, CONSTRUCTION ACTIVITIES, AND OTHER HAZARDS BEFORE, DURING AND AFTER INSTALLATION GLAZING GASKETS MANUFACTURER'S STANDARD COMPRESSION TYPES, REPLACEABLE, EXTRUDED EPDM RUBBER SPACERS AND SETTING BLOCKS MANUFACTURER'S STANDARD ELASTOMERIC TYPE 088000 GLAZING GLASS FOR INTERIOR WINDOWS AND SIDELIGHTS SHALL BE EQUAL TO PPG AND AS FURTHER DESCRIBED, BELOW UNLESS NOTED OTHERWISE, INTERIOR WINDOWS SHALL BE 1/4" MINIMUM THICK CLEAR GLASS UNITS EQUAL TO PPG CLEAR GLASS PROVIDE TEMPERED GLASS AT ALL LOCATIONS INSTALL ALL GLASS COMPLETE WITH NECESSARY GLAZING TAPE, SETTING BLOCKS, GASKETS, ETC Addendum Acknowledgement ***A signed cops must be submitted with sour bid. Thank sou.*** Company Name: WCC CONSTRUCTION LAC Signature: �� abda, Name: David Bode Title: VP/CM August 26, 2024 8/28/2024 Date of Signature ACOREP CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYI) 09/30/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Diane Dauven, CISR NAME: Flood and Peterson P No ); (970) 266-7111 I (816, No): (970) 330-1867 PO Box 578 E- L DDauven@floodpeterson.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL 8 Greeley CO 80632 INSURERA: Selective Insurance Company of America 12572 INSURED INSURER B : Pinnacol Assuran. 41190 WCC Construction LLC INsuRERC: Evanston Insurance Company 35378 1112 Oxbonough Lane INSURER D : INSURER E : Fort Collins CO 80525 INSURER F : COVERAGES CERTIFICATE NUMBER: C12482757055 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN LTR TYPE OF INSURANCE ADDCSUBR INSD WVD POLICY NUMBER (MMIDD/VYYV) AIWA; POLICY EXP (MM/DD/YYY1� LIMITS A X COMMERCIAL GENERAL LIABILITY ICLAIMS -MADE [ OCCUR Y Y S 2564667 05/13/2024 12/01/2025 EACH OCCURRENCE $ 1,000,000 PREM SES Ea oocur 60/ $ 500,000 MED EXP (Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Ei 7C D LOC OTHER: PRODUCTS - COMP/OP AGG $ 3'000,000 Ltd. Worksite Pollution $ 100,000 A AUTOMOBILE LIABILITY _ X ANY AUTO OWNED _ AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY S 2564667 05/13/2024 12/01/2025 COMBINED SINGLE LIMIT (Ea accidenq $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ rpRenoTYDAMAGE (Per accident) $ A X UMBRELLALIAB EXCESS LIAR X OCCUR CLAIMS -MADE S 2564667 05/13/2024 12/01/2025 EACH OCCURRENCE $ 5'000'000 AGGREGATE $ 5'000'000 $ DED I XI RETENTION $ 0 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? El (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 424$163 12/11/2023 12/01/2024 XI STATUTE I I EORH- E.L. EACH ACCIDENT 100,000 $ E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT 500,000 $ C Pollution Liability CPLMOL126589 1001/2024 12/01/2025 General Aggregate Per Occurrence Deductible $1,000,000 $1,000,000 $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as Additional Insured as required by written contract for liability caused by the named insured, subject to policy terms, exclusions, and conditions. Waiver of subrogation applies where required by written contract and legally permissible. This Certificate is issued as a matter of information only, confers no rights upon the certificate holder, and does not alter the insurance coverage afforded by the policies described herein. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County Board Of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1105 H Street AUTHORIZED REPRESENTATIVE Greeley CO 80632 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 10 23 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3 -through -9) for changes affecting your insurance protection. DESCRIPTION Additional Insureds - Primary and Non -Contributory Provision Blanket Additional Insureds - As Required By Contract Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors) Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees and Receivers Any Other person or organization other than a joint venture Grantors of Permits Broad Form Vendors Coverage Page 7 Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Page 3 Electronic Data Liability ($100,000) Page 4 Employee Definition Amended Page 9 Employees As Insureds Modified Page 5 Employer's Liability Exclusion Amended (Not applicable in New York) Page 3 Incidental Malpractice Exclusion modified Page 8 Knowledge of Occurrence, Claim, Suit or Loss Page 8 Liberalization Clause Page 8 Mental Anguish Amendment (Not applicable to New York) Page 10 Newly Formed or Acquired Organizations Page 5 Non -Owned Aircraft Page 3 Non -Owned Watercraft (under 60 feet) Page 3 Not -for-profit Members - as additional insureds Page 5 Personal And Advertising Injury - Discrimination Amendment (Not applicable in New York) Page 9 Products Amendment (Medical Payments) Page 4 Supplementary Payments Amended - Bail Bonds ($5,000) and Loss of Earnings ($1,000) Page 4 Two or More Coverage Parts or Policies Issued By Us Page 9 Unintentional Failure to Disclose Hazards Page 8 Waiver of Transfer of Rights of Recovery (subrogation) Page 8 When Two or More Coverage Parts of this Policy Apply to a Loss Page 3 PAGE FOUND Page 8 Page 5 Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 10 INSURED'S COPY THIS PAGE IS INTENTIONALLY LEFT BLANK. Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 10 23 Page 2 of 10 ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 10 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements within the same Coverage Part apply to a loss, coverage provision(s) with the broadest language will apply, unless specifically stated otherwise within the particular amendment covering that loss. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. COVERAGES - Amendments SECTION I - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY EXCLUSIONS Employer's Liability Amendment (This provision is not applicable in the State of New York). The following is added to Exclusion e. Employer's Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion also does not apply to any "temporary worker". Non -Owned Aircraft, Auto or Watercraft A. Paragraph (2) of Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted in its entirety and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 26 feet long and not being used to carry persons or property for a charge; or (b) At least 26 feet, but less than 60 feet long, and not being used to carry persons or property for a charge. Any person is an insured who uses or is responsible for the use of such watercraft with your expressed or implied consent. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. B. The following is added to Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion does not apply to: (6) Any aircraft, not owned or operated by any insured, which is hired, chartered or loaned with a paid crew. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Damage To Premises Rented to You A. The last paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and replaced with the following: Exclusions c. through n. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 10 23 Page 3 of 10 B. Paragraph 6. under SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced with the following: 6. Subject to Paragraph 5. above, the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner, for all such damage caused by fire, lightning or explosion proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of the three, is the amount shown in the Declarations for the Damage To Premises Rented To You Limit. C. Paragraph a. of Definition 9. "Insured contract" under SECTION V - DEFINITIONS is deleted in its entirety and replaced with the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; Electronic Data Liability A. Exclusion p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted in its entirety and replaced by the following: Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. p• B. The following paragraph is added to SECTION III - LIMITS OF INSURANCE: Subject to 5. above, the most we will pay under COVERAGE A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is a sub -limit of $100,000. SECTION I - COVERAGE C MEDICAL PAYMENTS EXCLUSIONS Any Insured Amendment Exclusion a. Any Insured under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: a. Any Insured To any insured. This exclusion does not apply to: (1) "Not -for-profit members"; (2) "Golfing facility" members who are not paid a fee, salary, or other compensation; or (3) "Volunteer workers". This exclusion exception does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. Product Amendment Exclusion f. Products -Completed Operations Hazard under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". This exclusion does not apply to "your products" sold for use or consumption on your premises, while such products are still on your premises. This exclusion exception, does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Expenses For Bail Bonds And Loss Of Earnings A. Subparagraph 1.b. under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is deleted in its entirety and replaced with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 10 23 Page 4 of 10 B. Subparagraph 1.d. under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is deleted in its entirety and replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. SECTION II - WHO IS AN INSURED - Amendments Not -for -Profit Organization Members The following paragraph is added to SECTION II - WHO IS AN INSURED: If you are an organization other than a partnership, joint venture, or a limited liability company, and you are a not -for-profit organization, the following are included as additional insureds: 1. Your officials; 2. Your trustees; 3. Your members; 4. Your board members; 5. Your commission members; 6. Your agency members; 7. Your insurance managers; 8. Your elective or appointed officers; and 9. Your "not -for-profit members". However only with respect to their liability for your activities or activities they perform on your behalf. Employees As Insureds Modified A. Subparagraph 2.a.(1)(a) under SECTION II - WHO IS AN INSURED does not apply to "bodily injury" to a "temporary worker" caused by a co -"employee" who is not a "temporary worker". B. Subparagraph 2.a.(2) under SECTION II - WHO IS AN INSURED does not apply to "property damage" to the property of a "temporary worker" or "volunteer worker" caused by a co -"employee" who is not a "temporary worker" or "volunteer worker". C. Subparagraph 2.a.(1)(d) under SECTION II - WHO IS AN INSURED does not apply to "bodily injury" caused by cardio-pulmonary resuscitation or frst aid services administered by a co -"employee". With respect to this provision only, Subparagraph (1) of Exclusion 2. e. Employer's Liability under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. Newly Formed Or Acquired Organizations A. Subparagraph 3.a. under SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced with the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. However, COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. B. The following paragraph is added to SECTION II - WHO IS AN INSURED, Paragraph 3: If you are engaged in the business of construction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. However, this provision only applies if you maintain or maintained an interest of at least fifty percent in that partnership or joint venture for the period of that partnership or joint venture. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than thirty-six months. With respect to the insurance provided by this provision, Newly Formed or Acquired Organizations, the following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY, Paragraph 4. Other Insurance, Subparagraph b. Excess Insurance: The insurance provided by this provision, Newly Formed or Acquired Organizations, is excess over any other insurance available to the insured, whether primary, excess, contingent or on any other basis. (All other provisions of this section remain unchanged) Blanket Additional Insureds - As Required By Contract A. Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION II - WHO IS AN INSURED is amended to include as an additional insured: 1. Owners, Lessees or Contractors/Architects, Engineers and Surveyors a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 10 23 Page 5 of 10 b. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph a. above: Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts of omissions of those acting on your behalf; in the performance of your ongoing operations performed for the additional insured in Paragraph a., above. However, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. A person or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph a. above are completed. 2. Other Additional Insureds Any of the following persons or organizations with whom you have agreed in a written contract, written agreement or written permit that such persons or organizations be added as an additional insured on your commercial general liability policy: a. Lessors of Leased Equipment Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. b. Managers or Lessors of Premises Any person or organization from whom you lease premises, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant of that premises. c. Mortgagees, Assignees or Receivers Any person or organization with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to any "occurrence" which takes place after the mortgage is satisfied, or the assignment or receivership ends. d. Any Person or Organization Other Than A Joint Venture Any person or organization (other than a joint venture of which you are a member), but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts of omissions of those acting on your behalf in the performance of your ongoing operations or in connection with property owned by you. State or Governmental Agency or Political Subdivision — Permits or Authorizations Any state or governmental agency or subdivision or political subdivision, but only with respect to: (1) Operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization; or Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 10 23 Page 6 of 10 (2) The following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance. This insurance does not apply to: i. "Bodily injury" or "property damage" arising out of operations performed for the federal government, state or municipality; or ii. "Bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to Paragraphs 2.b. through 2.d., this insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. B. The insurance coverage afforded to the additional insureds in this coverage extension: 1. Does not apply unless the written contract or written agreement has been signed by the Named Insured or written permit issued prior to the "bodily injury" or "property damage" or "personal and advertising injury"; 2. Only applies to the extent permitted by law; and 3. Will not be broader than that which you are required by the written contract, written agreement, or written permit to provide to such additional insured. Broad Form Vendors Coverage Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) for whom you have agreed in a written contract or written agreement to provide coverage as an additional insured under your policy. Such person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, the insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement; however this exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; or f. Products which, after distribution or sale by you, have been labeled or re -labeled or used as a container, part of ingredient of any other thing or substance by or for the vendor; however this insurance does not apply to any insured person or organization, from who you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the Named Insured prior to the "bodily injury" or "property damage". Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 10 23 Page 7 of 10 Incidental Malpractice Subparagraph 2.a.(1)(d) under SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics if you are not in the business or occupation of providing any such professional services. This also does not apply to "bodily injury" caused by cardio-pulmonary resuscitation or first aid services administered by a co -"employee". This provision does not apply if you are a Social Service or Senior Living risk. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS - Amendments Knowledge Of Occurrence, Claim, Suit Or Loss The following is added to Paragraph 2. Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The requirements under this paragraph do not apply until after the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An "executive officer" or insurance manager, if you are a corporation; 4. Your members, managers or insurance manager, if you are a limited liability company; or 5. Your elected or appointed officials, officers, members, trustees, board members, commission members, agency members, or your administrator or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. Primary and Non -Contributory Provision The following is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary to and we will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in a written contract, written agreement or written permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Unintentional Failure To Disclose Hazards The following is added to Paragraph 6. Representations under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you should unintentionally fail to disclose any existing hazards in your representations to us at the inception date of the policy, or during the policy period in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon such failure to disclose hazards. Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery against a person or organization because of payments we make under this Commercial General Liability Coverage Part. This waiver applies only if the insured has agreed in a written contractor written agreement to: 1. Waive any right of recovery against that person or organization; or 2. Assume the liability of that person or organization pursuant to a written contract or written agreement that qualifies as an "insured contract"; and 3. Include such person or organization as an additional insured on your policy. Such waiver by us applies only to that person or organization identified above, and only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. Liberalization The following condition is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our filed company rules, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 10 23 Page 8 of 10 Two or More Coverage Parts or Policies Issued By Us (This provision is not Applicable in the state of New York or Wisconsin). The following condition is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: It is our intention that the various coverage parts or policies issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage. We have exercised diligence to draft our coverage parts and policies to reflect this intention. However, if the facts and circumstances that will respond to any claim or "suit" give rise to actual or claimed duplication or overlap of coverage between the various coverage parts or policies issued to you by us or any company affiliated with us, the limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit under this coverage, or any one of the other coverage forms or policies. This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this coverage part or policy to which this coverage part is attached. SECTION V - DEFINITIONS Discrimination (This provision does not apply in New York). A. The following is added to Definition 14. "Personal and advertising injury": "Personal and advertising injury" also means "discrimination" that results in injury to the feelings or reputation of a natural person, however only if such "discrimination" or humiliation is: 1. Not done by or at the direction of: a. The insured; or b. Anyone considered an insured under SECTION II - WHO IS AN INSURED; 2. Not done intentionally to cause harm to another person. 3. Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. 4. Not arising out of any "advertisement" by the insured. B. The following definition is added to SECTION V - DEFINITIONS: "Discrimination" means: a. Any act or conduct that would be considered discrimination under any applicable federal, state, or local statute, ordinance or law; b. Any act or conduct that results in disparate treatment of, or has disparate impact on, a person, because of that person's race, religion, gender, sexual orientation, age, disability or physical impairment; or c. Any act or conduct characterized or interpreted as discrimination by a person based on that person's race, religion, gender, sexual orientation, age, disability or physical impairment. It does not include acts or conduct characterized or interpreted as sexual intimidation or sexual harassment, or intimidation or harassment based on a person's gender. Electronic Data The following definition is added to SECTION V - DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cell, data processing devices or any other media which are used with electronically controlled equipment. For the purpose of the Electronic Data Liability coverage provided by this endorsement, Definition 17. "Property damage" is deleted in its entirety and replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purpose of the Electronic Data Liability coverage provided by this endorsement, "electronic data" is not tangible property. Employee Amendment Definition 5. "Employee" under SECTION V - DEFINITIONS is deleted in its entirety and replaced by the following: 5. "Employee" includes a "leased worker", or a "temporary worker". If you are a School, "Employee" also includes a student teacher. Golfing Facility The following definition is added to SECTION V - DEFINITIONS: "Golfing facility" means a golf course, golf club, driving range, or miniature golf course. Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 10 23 Page 9 of 10 Mental Anguish Amendment (This provision does not apply in New York). Definition 3. "Bodily injury" under SECTION V - DEFINITIONS is deleted in its entirety and replaced with the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish resulting from any bodily injury, sickness or disease sustained by a person. (In New York, mental anguish has been determined to be "bodily injury"). Not -for-profit Member The following definition is added to SECTION V - DEFINITIONS: "Not -for-profit member" means a person who is a member of a not -for-profit organization, including clubs and churches, who receives no financial or other compensation. Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 10 23 Page 10 of 10 Contract Form Entity Information Entity Name * WCC CONSTRUCTION LLC Entity ID" @00045160 Contract Name COMMUNICATIONS BUILDING RENOVATION - B2400120 Contract Status CTB REVIEW Q New Entity? Contract ID 8751 Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description RENOVATE THE COMMUNICATIONS BUILDING TO PROVIDE MORE SPACE FOR DAILY OPERATIONS. Contract Description 2 Contract Type CONTRACT Amount* $2,255,000.00 Renewable * NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weld.go Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Requested BOCC Agenda Due Date Date* 10/10/2024 10/14/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 06/16/2025 Committed Delivery Date Renewal Date Expiration Date* 06/16/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel PATRICK O'NEILL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/01/2024 10/02/2024 10/02/2024 Final Approval BOCC Approved Tyler Ref # AG 100724 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 10/07/2024 September 5, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Communication Expansion & Renovation — 82400120 As advertised this bid is for the Renovation and Expansion of the Weld County Communications Building. WCC Construction LLC was low bid and meets specifications. Therefore, the Facilities Department is recommending the award to WCC Construction LLC in the amount of $2,255,000.00. If you have any questions, please contact meat extension 2023. Sincerely, Patrick O'Neill Facilities Director ct/l 2022 Co WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett(6 weld.gov cgeisertaweld.gov ttaylor 6 weld.gov Phone: (970) 400-4222, 4223 or 4454 DATE OF BID: AUGUST 26, 2024 AUGUST 28, 2024 REQUEST FOR: COMMUNICATION EXPANSION & RENOVATION DEPARTMENT: FACILITIES BID NO: B2400120 PRESENT DATE: AUGUST 28, 2024 SEPTEMBER 4, 2024 APPROVAL DATE: SEPTEMBER -14,2024 SEPTEMBER 18, 2024 VENDOR TOTAL WCC Construction LLC 1112 Oxborough Lane Fort Collins, CO 80525 Swift Builders, LLC 149 W. Harvard Street, Suite 302 Fort Collins, CO 80525 TCC Corporation 6820 Powell Street Loveland, CO 80538 Golden Triangle Construction, LLC 8008 Raspberry Way Frederick, CO 80504 Classic Contractors Inc. P.O. Box 2798 Loveland, CO 80539 $2,255,000.00 $2,282,470.00 $2,306,552.00 $2,355,106.00 $2,496,261.00 2024-2316 cl/L} BC-ICOZIo PAGE 2 DATE OF BID: AUGUST 26, 2021 AUGUST 28, 2024 REQUEST FOR: COMMUNICATION EXPANSION & RENOVATION DEPARTMENT: FACILITIES BID NO: 62400120 Growling Bear Co Inc 2330 4th Avenue Greeley, CO 80631 Spire Building Group 5911 Middlefield Road, Suite 100 Littleton, CO 80123 Halcyon Construction 3540 State Highway 52 Frederick, CO 80516 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. $2,575,777.00 $2,643,100.00 Incomplete Hello