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Home My WebLink About20250580.tiffCONvac* lDkq 401 SERVICE AGREEMENT BETWEEN WELD COUNTY AND HARPER MECHANICAL INC. THIS AGREEMENT is made and entered into this lt9day of M Q� , 2025, by and between the Board of Weld County Commissioners, on behalf Facilities Department, hereinafter referred to as "County," and Harper Mechanical Inc., hereinater referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2500022. Exhibit B consists of Contractor's Response to County's Request 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from Form Revision 3-2025 Lor%fl -� 5A 9/Z cc % anise -c aG> P5/�'1 %25g ZZ5 -05J 8C0O2-1 entering into Agreements which bind County for periods longer than one year This Agreement may be extended upon mutual written agreement of the Parties 4 Termination; Breach, Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient, and Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered 5 Extension or Amendment. Any amendments or modifications to this agreement shall be in writing'signed by both parties No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services 6 Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $238,158.00 as set forth in the Exhibits No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith 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 2 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 or agents 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 Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only The Contactor is obligated to pay all federal and state income tax on any moneys earned o paid pursuant to this contract :, 8 Subcontactors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discr tion County shall have the right in its reasonable discretion to approve all personne assigned to the Work during the performance of this Agreement and no personne 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 ontractor by the terms of this Agreement, and to assume toward , Contract r all the obligations and responsibilities which Contractor, by this Agreeme t, assumes toward County County shall have the right (but not the obligation to enforce the provisions of this Agreement against any subcontractor hired by ontractor and Contractor shall cooperate in such process The Contractor shall be r sponsible for the acts and omissions of its agents, employees, and subcontr ctors 9 Warranty Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications 10. Acce tatce of Services Not a Waiver. Upon completion of the Work, Contractor p P P shall sub it to County originals of all test results, reports, etc , generated during completio ii of this work Acceptance by County of reports and incidental matenal(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project In no event shall any action 3 by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally 11 Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period For all coverages, Contractor's insurer shall waive subrogation rights against County Contractor shall provide coverage with limits of liability no less than those stated below An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A M Best" rating of not less than A -VII The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment The policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act , AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form Minimum Limits Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work The policy shall be endorsed to include the following additional insured language "County, its elected officials, trustees, employees, agents,,and volunteers shall be named as additional insureds 4 with respect to liability arising out of the activities performed by, or on behalf of the Contractor " Such policy shall include Minimum Limits as follows Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12 Proof of Insurance. All insurers must be licensed or approved to do business within the'State of Colorado, and unless otherwise specified; all policies must be written on a per occurrence basis The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration 5 of the project, and for a longer period of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action 13 Additional Insurance Related Requirements The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own 'expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect - 6 The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award 14 Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County 15 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 16 Mutual Cooperation The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery 17 Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, 7 regulation, or court decree It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County 18 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 19 Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement Contractor agrees to maintain these documents for three years from the date of the last payment received 20 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 21 Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances a) personal service by a reputable courier service requiring signature for receipt, or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract, or c) electronic transmission via email at the address set forth below, where a receipt bracknowledgment is required and received by the sending party, or Either party may change its notice address(es) by written notice to the other Notice may be sent to TO CONTRACTOR Name Ron Harper Position Owner 8 Address: E-mail: Phone: TO COUNTY: Name: Position: Address: E-mail: Phone: 4604 Bush Mills Ave, Evans Colorado 80634 rharper@harpermecn.net (970) 539-5535 Patrick O'Neill Facilities Director 1105 H Street, Greeley Colorado 80632 poneill@weld.gov (970) 400-2023 22. 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. 23. 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. 24. 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. 25. 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. 26. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 9 28 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 29 Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq , as applicable now or hereafter amended 30 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 31 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 32 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 33 No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U S C A §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation 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 10 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contactor 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. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: Ron - a‘ Title: Owner WELD COUNTY: Date of Signature: 04/29/2025 ATTEST: �04,24.) jeit04 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board BY: A ' l lJ� Deputy Clerk to the oard 11 L. Buck, Chair MAY 1 9 2025 zo2s -c5wo0 Exhibit A Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 General Services - Invitation for Bid (IFB) Cover Sheet Bid Number: B2500022 Title: Alternative Programs Boiler and Piping Replacement Advertisement Date: January 31, 2025 Pre- Bid Meeting: February 13, 2025, at 1:00 pm Pre- Bid Location: 1390 North 17th Avenue, Greeley Colorado Questions Due: February 20, 2025, by 5:00 pm Questions Posted: February 21, 2025, by 5:00 pm Questions email: bids(a�weld.gov Bid Due Date: February 27, 2025, by 11:00 am, Purchasing's Clock Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Schedules IFB Attachments Schedule A: Bid Instructions Attachment 1 — Project Drawings Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance Schedule F: Weld County Contract Form Revision 12-2024 Table of Contents General Services - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Table of Contents 2 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 6 Project Overview 6 Method of Procurement 6 Pricing Method 6 Specific Requirements and Responsibilities 6 Schedule C - Procurement Schedule 9 Schedule D - Bid Response Form 10 Bid Submittal Instructions 10 Fees 10 Attestation 10 Schedule E — Insurance 12 Insurance 12 Insurance Mailing Information 14 Schedule F - Weld County Contract 15 Contractual Obligations 15 Weld County Standard Contract 15 Solicitation #B2500022 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: Alternative Programs Boiler and Piping Replacement A Mandatory pre -bid conference will be held on February 13, 2025, at 1:00 pm at Weld County Alternative Programs located at 1390 North 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: February 27, 2025, at 11:00 am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 27, 2024 at 11:30 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. Microsoft By Phone Teams Join the meeting now Phone +1 720-439-5261„832788059# Meeting Passcode: ID: 210 Kb6QX9LA 583 709 862 United conference States, ID: Denver 832 788 059# 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 ar_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 authorized person. 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 Solicitation #B2500022 Page 3 representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County 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 Solicitation #B2500022 Page 4 negative impact on Weld County in the current term or in any future terms Solicitation #B250002�1 Page 5 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a turn -key lump sum project for the removal and replacement of the boiler and boiler piping at the Weld County Alternative Programs building. 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 contract. 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. Specific Requirements and Responsibilities The scope of this project is for construction management and general contracting services per this invitation for bid and attachments which include the project documents and drawings to remove and replace the boilers, and boiler piping per the project documents and this Invitation for Bid. The following are this project specific requirements. 1. All submittals will need to be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 4. 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. All work is to be done between the hours of 8:00 am and 5:00 pm Monday through Friday. This building is a detention housing unit and quite hours must be maintained. 7. All personal that are to be on site must submit a background authorization form and pass the Weld County Sheriff's Office background check to be able to work at or visit this facility. 8. Hot water supply must always remain operational throughout this project. Contractor is responsible for coordinating with the Weld County project manager to properly phase the Solicitation #B2500022 Page 6 removal of existing equipment and piping and install of new equipment and piping to ensure that the facility is not without hot water at any time. 9. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors have to clean or move materials or equipment that were not properly stored the contractor will assume all associated costs. 10. Contractor will be responsible for providing a complete test and balance report after installation of the new mechanical equipment and systems. 11. Contractor is responsible for all backing requirements. Any surface mounted piece of equipment must have at minimum 3/4" plywood as backing. 12. Contractor is responsible for providing their own construction office if they deem one is needed. 13. Contractor must submit daily logs or project updates to the Weld County project manager on a weekly basis at minimum. 14. Contractor will be required to provide builders risk insurance in the amount of the bid. 15. Contractor will be required to provide Performance Bond in the amount of 100% of the contract value 16. Contractor will be required to provide Payment Bond in the amount of 100% of the contract value. Alternative Programs Boiler and Piping Project Close Out Requirements: 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. Weld County Facilities Department Standard Terms and Conditions: 1. 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 2. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 3. Contractor is responsible for all private and public locates. 4. 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. 5. All electrical work will be done by a qualified State licensed electrician. 6. All plumbing work will be done by a qualified State licensed plumber. 7. All mechanical work will be done by a qualified State Licensed technician. 8. 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. Solicitation #B2500022 Page 7 Any damages occurred will be the contractor's responsibility to repair or replace 9 All lifting and hoisting equipment shall be provided by the contractor as needed 10 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements 11 No bid bond is required for this project 12 Contractor will be required to provide builders risk insurance in the amount of the bid 13 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 14 Weld County is a tax-exempt entity 15 Davis -Bacon and Buy American requirements are NOT required Solicitation #B2500022 Page 8 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date Pre -Proposal Meeting Mandatory Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Completion January 31, 2025 February 13, 2025, at 1:00 pm 1390 N. 17, Avenue Greeley CO February 20, 2025, by 5:00 pm bids©weld.gov February 21, 2025 February 27, 2025, by 11:00 am Purchasing's Clock March 17, 2025 March 31, 2025 July 31, 2025 Solicitation #B2500022 Page 9 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 11:00 am on February 27, 2025: 1) Schedule D - Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. 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 below: Description Price Mechanical $ $ Electrical Plumbing $ Other (Describe) $ Total Lump Sum Cost $ Attestation 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. #B2500022. 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 that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 6. Acknowledgment of Schedule F — Weld County Contract 7. 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. 8. 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. Item Entry Company Name: Solicitation #B2500022 Page 10 Address Phone Email FEIN/Federal Tax ID # CONTRACTOR By Name Title Date of Signature Solicitation #62500022 Page 11 Schedule E - Insurance Insurance Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) $ $ $ Statutory 100,000 100,000 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal/Advertising Injury 1,000,000 2,000,000 2,000,000 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, its elected officials, trustees, employees, Solicitation #B2500022 Page 12 agents, and vilunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance an additional i of liability are policies where the County is named as an additional insured, the County shall be nsured to the full limits of liability purchased by the Contractor even if those limits n excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Sudh documents are deemed confidential and deemed not public records for purposes of ttie Colorado Open Records Act All certificates and endorsements are to be received and pproved by the County before work commences Each insuran a policy required by this Agreement must be in effect at or prior to commencem nt of work under this Agreement and remain in effect for the duration of the project, and f r a longer period of time if required by other provisions in this Agreement Failure to mai tarn the insurance policies as required by.this Agreement or to provide evidence of renewal is material breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department R presentative's Name and Address The project/contract number and project description shall be noted,on the certificate of insurance The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at ny time Any modificati n or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action 13 Additional In�urance Related Requirements The County requires that all policies of insurance be ntten on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial Gleneral Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) po icy must be kept in effect for up to three (3) years after completion of the project Certificates of nsurance shall state that on the policies that the County is required to be named as an Addition I Insured, the insurance carrier shall provide a minimum of 30 days advance written notice t the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non- payment of pr mium, then ten (10) days prior notice may be given On all other p licies, it is the Contractor's responsibility to give the County 30 days' notice if policies are re uced in coverage or limits, cancelled or non -renewed However, in those situations whe a the insurance carrier refuses to provide notice to County, the Contractor shall Solicitation #B2500022 Page 13 notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. 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. 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 #B2500022 Page 14 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 a sample of a standard Weld County Contract for General Services: SERVICE AGREEMENT BETWEEN WELD COUNTY AND [CONTRACTOR] THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. Solicitation #B2500022 Page 15 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B • Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $ as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will Solicitation #B2500022 Page 16 be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents 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. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. Solicitation #B2500022 Page 17 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc , generated during completion of this work Acceptance by County of reports and incidental materials) furnished under this 'Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach Acceptance by the County of, or payment for, the Work completed under'this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally 11 Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period For all coverages, Contractor's insurer shall waive subrogation rights against County Contractor shall provide coverage with limits of liability no less than those stated below An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A M Best" rating of not less than A -VII The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment The policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act , AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form Minimum Limits Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work The policy shall be endorsed to include the following additional insured language "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor " Such policy shall include Minimum Limits as follows Solicitation #B2500022 Page 18 Each Occurrence $ 1,000,000 General A gregate $ 2,000,000 Products/ ompleted Operations Aggregate $ 2,000,000 Personal/A vertising Injury $ 1,000,000 Automobile L and non-owne of this Contrac Contractor's Ai Bodily Injury/P "ability Insurance for Bodily Injury and Property Damage for any owned, hired, vehicles operating both on County property and elsewhere in the performance tomobile Insurance Policy shall include Minimum Limits as follows operty Damage (Each Accident) $ 1,000,000 16 Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence bais The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance iolicies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are iip excess of those required by this Contract Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and endorsements are to be received and 1pproved by the County before work commences Each insurance policy required by this Agreement must be in effect at or prior to commenceme p t of work under this Agreement and remain in effect for the duration of the }protect, and for a longer period of time if required by other provisions in this Agreement Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract All certificates Department RE description shs require comple Agreement at any time end any required endorsement(s) shall be sent directly to the County presentative's Name and Address The project/contract number and project II be noted on the certificate of insurance The County reserves the right to te, certified copies of all insurance policies for examination required by this Any modificati n or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final Such action will not require a formal contract amendment but may be made by administrative action Solicitation #B2500022 Page 19 17 Additional Insurance Related Requirements The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and _shall furnish the County with a new certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non- payment of premium, then ten (10) days prior notice may be given On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award 18 Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County 19 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 Solicitation #B2500022 Page 20 20 Mutual Cooperation The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery 21 Indemnity. Tie Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or pmissions of Contractor or any of its owners, officers, directors, agents, employees or ubcontractors This indemnity includes any claim or amount arising out of or recovered un er the Workers' Compensation law or arising out of the failure of such contractor to conform to ny federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable In consideration for the award of this contract, the Contractor agrees to wail a all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County 22 Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or clam 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 23 Examinatio of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to a amine and audit any books, documents, papers, and records of Contractor, involving all atters and/or transactions related to this Agreement Contractor agrees to maintain these documents for three years from the date of the last payment received 24 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, strifes, war, flood, earthquakes, or Governmental actions 25 Notices. All n tices 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 s rvice by a reputable courier service requiring signature for receipt, or b) five (5) day following delivery to the United States Postal Service, postage prepaid addressed o a party at the address set forth in this contract, or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party, or Either party may dhange its notice address(es) by written notice to the other Notice may be sent Solicitation #B2500022 Page 21 to: TO CONTRACTOR: N ame: Position: Address: E-mail: P hone: TO COUNTY: N ame: Position: Address: E-mail: P hone: 26. 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. 27. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or u se other Contractors or persons to perform services of the same or similar nature. 28. 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. 29. 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. 30. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 31. 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 requirements) shall survive any such expiration or termination. 32. 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. Solicitation #B2500022 Page 22 33 Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24- 10-101 et seq , as applicable now or hereafter amended 34 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 35 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 36 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 33 No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U S C A §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation 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 34. 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 35 Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any extra -judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement Solicitation #82500022 Page 23 CONTRACTOR By Name Title WELD COUNTY ATTEST Weld County Clerk to the Board Date of Signature BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO BY Deputy Clerk to the Board Perry L Buck, Chair Solicitation #B2500022 Page 24 Exhibit B Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 11:00 am on February 27, 2025: 1) Schedule D - Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. 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 below: Description Price Mechanical $ 19,000 Electrical $ 4,800 Plumbing $ 214,358 Other (Describe) $ Total Lump Sum Cost $238,158 Attestation 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. #B2500022. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or sie is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 6. Acknowledgment of Schedule F — Weld County Contract 7. 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. 8. 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. Item Entry Company Name: Harper Mechanical Inc. Solicitation #B2500022 Page 10 Address 4604 Bush Mills Ave Evans CO 80634 Phone 970-539-5535 Email FEIN/Federal Tax ID # rharper@harpermech.net 26-1598326 CONTRACTOR By ' Name Ron Harper Title Owner 02/27/2025 Date of Signature Solicitation #B2500022 Page 11 Addendum # 1 Bid Request Number B2500022 Alternative Programs Boiler and Piping Replacement Questions and Answers 1. Question: Who is the BAS (controls) contractor that Weld County uses for this location? Answer: Delta Controls By Setpoint. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Harper Mechanical Inc. 02/27/2025 Date of Signature I Signature: Name: Ron Harper Title: Owner February 27, 2025 teftN. He if, Harper Mechanical Inc. i "We Try Harder" WELD COUNTY ALTERNATIVE PROGRAMS BUILDING Phase -1 Description: To install valves in strategic locations to allow for 1 shut down. We will prep and pre-fab what is possible to keep the outage to a 2 hour window. Also with some additional valves installed we can test the new by pass to insure the one heater will support the load of the building before we demo equipment. 1 OFFICE 154 HALL I J OFFICE 153 Phase 1 work Add 1" By-pass and Valve (E)2" CVV TO SYSTEM (E)2" HW TO SYSTEM (E)1/2" HWC FROM SYSTEM FIRST FLOOR UTILITY ROOM PLUMBING DEMO PLAN P2.00 SCALE: 114" = 1'-0" Phase -1 Coor mate Shut down for phase one work [See Phase -1 description] Run a 48 -hour test running in bypass on building to confirm the [E] WH-4 will handle the load before demo of any equipment Hang new Unit Heater and get operational [Depends on lead time] Remove [E] Unit Heater Phase -2 Discos Demo Demo Phase -3 nect all piping Per demo plan P-2 00 Tanks [E] WH-1,2,3 [All eqJipment will be shipped to our shop] Set New DWH —101,102 /Associated equipment Pipe water side and all components Run Flies Run Electrical Test and inspections Pipe insulation Sched6le start up and training Switch bypass over to DWH-101,102 [Note Boilers are set at 120 deg during this phase for laundry] Phase — 4 • Discornect and remove [E] WH-4 • Set New DWH-103 • Pipe w ter side and all components • Run Flies • Run El ctrical • Test and inspections • Pipe m Matson • Schedule start up and trainingTBD Phase -5 Label iping Balanc ng [ TBD No circuit setters shown or specs to balance flows to] Punch put project • ( Final cliean and de -mob u_jjHarPer Mechanical Inc. "We Try Harder" Proposal: 10 6 2 Date: 02/27/2025 Attn: Bids@weld.gov Company: Weld County Facilities Department Re: Alternative Programs Boiler and Piping Replacement Solicitation Number: B2500022 Addendum Acknowledgement: Addendum 1 Drawings Dated: 01/10/2025 Phone: (970) 330-3029 Fax: (970) 888-3674 rharper@harpermech.net www.harpermechanical.com 4604 Bush Mills Ave Evans, Co 80634 NOTE: If this proposal is accepted, Invoicing for equipment and raw materials only will be invoiced at the time of approved contract this is to avoid price escalation within the 30 -day limit of the proposal. Proposal as follows: Harper Mechanical Inc. will provide a comprehensive, turnkey approach to the removal and replacement of the boiler and boiler piping systems. We will prepare and pre -fabricate components in advance, keeping any required shutdown to an absolute minimum. A 48 -hour test of the bypass system will be conducted to verify that the existing water heater (WH-4) can support the building's needs prior to the demolition of any existing equipment. Our work will include the safe disconnection and demolition of outdated equipment, including tanks and water heaters, in accordance with the project demolition plan. Following demolition, we will install new domestic water heaters (DWH-101, DWH-102, and DWH-103) along with all associated equipment. This will involve completing all necessary piping, electrical work, flue installations, and system testing to ensure operational efficiency. Throughout the installation, Harper Mechanical will maintain a clean and organized worksite, performing daily clean-up and securely storing all materials. Once installation is complete, we will conduct rigorous testing and inspections, provide thorough training to Weld County staff on the new systems, and ensure that all labeling, punch -list items, and final clean-up are completed to the highest standard. Exclusions Harper Mechanical Inc. has carefully reviewed the project scope and documentation for the Alternative Programs Boiler and Piping Replacement project. The following items are excluded from this proposal: • Building Automation System (BAS) Controls: Controls work is not included as the existing system is managed by Delta Controls by Setpoint. Coordination with the controls contractor will be required separately. • System Balancing: No scope or specifications were provided for balancing. As no circuit setters or balance valves are shown or specified, balancing services are not included in this bid. • Roof Patching: Any required roof penetrations and subsequent roof patching are excluded from our scope. Base Bid $ 238,158 Harper Mechanical Inc "We Try Harder" In Business Since 1983 CONTACT: Harper Mechanical Inc 4604 Bush Mills Ave Evans, CO 80634 PHONE: 970-330-3029 FAX: 970-888-3674 CELL: 970-539-5535 WEBSITE: www.HarperMechanical.com EMAIL: rrharper@iharpermech.net EIN 26-1598326 NACIS CODES 238220 238290 221330 KEY PERSONEL Ron Harper Tyler Harper Ashley Richards DUNS: 080631452 CERTIFICATIONS City & County Denver SBE City & County Denver EBE LICENSES City & County Denver H &V A City & County Denver Steam & Hot Water City & County Denver Refrigeration A State of Colorado Plumbing Contractor CAPABILITY STATEM E N T ABOUT US "We Try Harder", it's not just a slogan it's business as usual at Harper Mechanical Inc. We value each and every customer and appreciate every opportunity to work and provide the best result possible for our customers, our goal is to make sure the job is done right the first time, that owners are informed of any challenges, warn them of pit falls and try to find ways to save time and money. Our reputation is very important we are family owned and operated and because of that we like to bring each project to a personal level, the goal is to build a good working relationship with our customers and use project after project to build the trust necessary for long term relationship. If you'll allow us the opportunity, we can show you "We try Harder" CLIENT REFERENCES Denver Zoo Pachyderm Pool Boiler Project Total: $256,000 Removed and Replaced Boiler in Pachyderm Pool Exhibit Contact Name: Patrick Hendrix Phone: 720-337-1600 Longmon Admin Boiler Replacement Project Total: $153,000 Removed and Replaced Boiler in Longmont Admin Building Contact Name: David Bases Phone: 303-968-5825 Perkins County Court House Project Total: $381,450 Removed and Replaced Boiler in Perkins Court House Contact Name: Mike Norris Phone: 303-419-6465 CORE COMPETENCIES • PROCESS PIPING • DESIGN BUILD • CONSULTING • WELDING • PREFABRICATION • HEATING • SERVICE • MAINTENANCE • COMMERCIAL • INDUSTRIAL • INSTITUTIONAL • STEAM & HOT WATER • PLUMBING Form (Rev March 2024) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Cerfific.• Lion Go to www ors gov/FonnW9 for instructions and the latest information Give form to the requester Do not send to the IRS Before you begot For guidance related to the purpose of Form W-9, see Purpose of Form, below rn d e 0 o `o w u yn Name of entity/individual An entry is required (Fora sole propnetor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2) 2 Business name/disregarded entity name if different from above Harper Mechanical Inc 3a Check the appropnate box for federal tax classification of the entity/individual whose name is entered on line 1 Check only one of the following seven boxes ElIndividual/sale proprietorIIIC corporation [X S corporation ❑ Partnership ElTrust/estate ❑ LLC Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) Note Check the "LLC' box above and in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity A disregarded entity should instead check the appropriate box for the tax classification of its owner ❑ Other (see instructions) 4 Exemptions (codes apply only to certain entities, not individuals, see instructions on page 3) Exempt payee code (if any) Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (rf any) 3b If on line 3a you checked "Partnership' or Trust/estate," or checked LLC" and entered "P" as its tax classification and you are providing this form to a partnership trust, or estate in which you have an ownership interest check, this box if you have any foreign partners, owners, or beneficiaries See instructions ❑ (Applies to accounts maintainedoutside the United States) 5 Address (number, street, and apt or suite no ) See instructions Requester's name and address (optional) 6 City state and ZIP code 7 Lot account number(s) here (optional) Willi Taxpayer Identification Number (TIN) Enter your TIN in the appropnate box The TIN provided must match the name given on line 1 to avoid backup withholding For individuals, this' is generally your social security number (SSN) However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later For other entities, it is your employer identification number (EIN) If you do not have a number, see How to get a TIN, later Note If the account is in more than one name, see the instructions for line 1 See also What Name and Number To Give the Requester for guidelines on whose number to enter Social security number or Employer identification number 2 6 1 5 9 8 3 2 6 EMI Certification Under penalties of penury, I certify that 1 The number shown on this form is my correct taxpayer identification number (or I am waiting fora number to be issued to me), and 2 I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3 I am a U S citizen or other U S person (defined below), and 4 The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting is correct Certification instructions You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions, item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN See the instructions for Part II, later Sign Signature of Here U S person ``"V'''''' Date 02/05/2025 General Instructions Section references are to the Internal Revenue Code unless otherwise noted Future developments For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www ins gov/FormW9 What's New Line 3a has been modified to clarify how a disregarded entity completes this line An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner Otherwise, it should check the "LLC" box and enter its appropriate tax classification New line 3b has been added to this form A flow -through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity in which it has an ownership interest This change is intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3 See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065) Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat No 102310 Form W-9 (Rev 3-2024) AC�R®® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 02/05/2025 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's an ADDITIONAL INSURED, the pollcy(Ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement A statement on this certificate does not confer nghts to the certificate holder in lieu of such endorsement(s) PRODUCER Brown & Brown Insurance Services Inc 4532 Boardwalk Dr, Suite 200 Fort Collins CO 80525 NAMCONTACTE Nikki Nicholas PHONE (970) 482-7747 I FAX No (970) 484-4165 ADDREEMAILSS Nikki Nicholas@bbrown coin INSURER(S) AFFORDING COVERAGE NAIL # INSURER Westfield Premier Insurance Company 16450 INSURED Harper Mechanical, Inc , Harper Enterpnses Inc 4604 Bush Mills Ave Evans CO 80634-9158 INSURER B Pinnacol Assurance 41190 INSURER C INSURER D INSURER E INSURER F BER 24-25 Master Cert REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TI TYPE OF INSURANCE 1 ADDL SUER INSD WVD POLICY NUMBER AIWA) (MMIDDl1'A) POLICY EXP (MM/DD/X) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE EI OCCUR 5500473 10/01/2024 10/01/2025 EACH OCCURRENCE i $ 1,000,000 PREM SES Ea occurrence) $ 1 .... MED EXP (Any one person) $ 10,000 PERSONAL&AD,iNJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000.000 GEN L AGGREGATE LIMIT APPLIES PER POLICYri Ter lill LOC OTHER 769309T6 '006997990 $ 2,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED _ AUTOS ONLY HIRED _ AUTOS ONLY ^ SCHEDULED AUTOS NON OWNED AUTOS ONLY 5500473 10/01/2024 10/01/2025 COMBINED SINGLE LIMIT (Ea accdent) $ 1,000,000 BODILY INJURY (Per person) $ Boni, INJURY (Per accident) $ PROPERTYDAMAGE (Per accident) $ Medical payments $ 5,000 A X UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE 5500473 10/01/2024 10/01/2025 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3 000,000 $ DED I XI RETENTION $ 0 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N OFFICER/MEMBER EXCLUDED A (Mandatory In (Mandatory in NH) Byes lleg a under DESCRIPTION OF OPERATIONS Mow NIA 4169725 10/01/2024 10/01/2025 XI STATUTE I I ER' EL EACH ACCIDENT 1,000,000 $ E L DISEASE EA EMPLOYEE 1,000,000 $ E L DISEASE POLICY LIMIT 1,000 000 $ A Leased/Rented Equipment 5500473 10/01/2024 10/01/2025 Limit Per Item Lima $100 000 $50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FOR INFORMATION PURPOSES ONLY ACCORDANCE WITH THE POLICY PROVISIONS I AUTHORIZED REPRESENTATIVE �� Kvg,ox, ACORD 25 (2016/03) CO 1988-2015 ACORD CORPORATION All nghts reserved The ACORD name and logo are registered marks of ACORD Terms and Conditions Proposal: This proposal, if accepted as a contract or accepted on any other contract form, incorporates all provisions stated herein. Proposal is valid for a period of 30 days after which ALL PRICING for material and equipment is subject to change based on escalation cost by supplier or vendor. Payment Terms: Payment terms are as stated below, NO PAID WHEN PAID agreements are accepted unless prior agreements have been made. Harper Mechanical Inc. will accept credit card payments for invoices up to but not exceeding $5,000.00, unless otherwise stated in proposal. Small / Specialty projects: Payment terms are Net 10. Payment forms accepted are Credit Card, ACH, or check payment. X Large Projects / Progressive Payment: Progressive payments as applicable will invoice once monthly on the 15th. Progressive payments are due NET 30 unless prior agreements have been made. Any unpaid balance will be subject to finance charges of 1.75% per month, annual rate of 21% plus court costs and attorney fees. All material is guaranteed to be as specified. All work to be completed in a professional manner, according to industry standards and practices. Any alteration or deviation from above specification involving extra costs will be executed only upon a written change order and will become and extra charge over and above this written estimate. Retainaqe: Retainage to be paid once Harper Mechanical Inc. and its subcontractors have fully executed their portion of the contract / proposal and final inspections have been made / approved. HMI Retainage payments will not be tied to any other contractors or trades not associated with our contract / proposal. Reasonable Control: HMI shall not be responsible for damage or delay due to considerations beyond its reasonable control, including the availability of material or equipment or other trades not connected to HMI. Substitutions may be required. Additions or deviations shall be considered as a change to the contract. Insurance: HMI agrees to carry sufficient Workmen's Compensation and liability insurance to protect the owner against any claims arising due to the Company's operations. The Accepting Party agrees to provide sufficient insurance to protect the Company against loss of labor, materials or equipment installed in or on the premises. Drawings: All Harper Mechanical Inc Generated drawings for Layout, and or coordination are proprietary to Harper Mechanical Inc and shall not be published or forwarded without prior permission from Harper Mechanical Inc. Harper Mechanical, INC. Printed Name: Ron Harper Signature: Date: Email: rharper(a�harpermech.net Acceptance of proposal / Inclusion, Exclusion checklist. The above prices, specifications, and conditions are satisfactory and here hereby accepted. You are authorized to do the work as specified. Payment will be made as outlines above. Signature: Printed Name: Date: April 12, 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 Alternative Programs Boiler & Piping Replacement — B2500022 - Revised As advertised his bid is for the replacement of the Boilers and Piping for the hot water system at the Weld County Alternative Programs building The low bid is from FRPHI Hydronics, LLC but did not meet project specifications due to improper equipment specifications included in their bid submission The second low bid is from Harper Mechanical Inc and meets specifications Therefore, the Facilities Department is recommending the award to Harper Mechanical Inc in the amount of $238,158 00 If you have anj questions, please contact meat extension 2023 Sincerely, Patrick O'Neill Facilities Direc or ACRD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/Y`/Yl) 04/24/2025 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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, 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 Brown & Brown Insurance Services, Inc 4532 Boardwalk Dr, Suite 200 Fort Collins CO 80525 CONTACT Nikki Nicholas NAME (AICNNo. E.0 (970) 482-7747 I (euc, No) (970) 484-4165 Mass Nikki Nicholas@bbrown coin RE INSURERS) AFFORDING COVERAGE NAIL # INSURER Westfield Premier Insurance Company 16450 INSURED Harper Mechanical, Inc , Harper Enterprises, Inc 4604 Bush Mills Ave Evans CO 80634-9158 INSURER B Pinnacol Assurance 41190 INSURER C INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 24-25 Master Cert REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (roam, LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR 5500473 10/01/2024 10/01/2025 EACH OCCURRENCE $ 1 000 000 DAMAGETO 000000 PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERsoNALSADviNJURY $ 1 000 000 GENERAL AGGREGATE $ 2'000'000 GEN LAGGREGATE LIMIT APPLIES PER `_ POLICY ❑ To,- El LOC OTHER PRODUCTS COMP/OPAGG $ 2,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED _ AUTOS ONLY HIRED _ AUTOS ONLY SCH EDULED AUTOS NONOWNED AUTOS ONLY 5500473 10/01/2024 10/01/2025 COMBINED SINGLE LIMIT (Ea awdent) $ 1 000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE (Per accident) Medical payments $ 5,000 A X UMBRELLA um EXCESS LIAR _ OCCUR CLAIMS MADE 5500473 10/01/2024 10/01/2025 EACH OCCURRENCE $ 3 000 000 AGGREGATE $ 3 000 000 $ DED I XI RETENTION $ 0 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE M OFFICER/MEMBER EXCLUDED (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below NIA 4169725 10/01/2024 10/01/2025 XI SEATUTE I I EORH EL EACH ACCIDENT $ 1 000 000 E L DISEASE - EA EMPLOYEE $ 1 000 000 E L DISEASE - POLICY LIMIT S 1 000 000 A Leased/Rented Equipment 5500473 10/01/2024 10/01/2025 Limit Per Item Limit $100 000 $50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 Additional Remarks Schedule, may be attached if more space is required) Weld County, its elected officials employees agents and volunteers are additional insureds with respects to the General Liability policy Waiver of Subrogation is included All policy terms conditions and exclusions apply CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS 1150 O Street AUTHORIZED REPRESENTATIVE Greeley I CO 80631 Q 1\(-0.,0,1\(-0.,0,('[/,C i�.s'—"r",� , ACORD 25 (2018/03) © 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* HARPER MECHANICAL INC Entity ID* @00044984 Contract Name * ALTERNATIVE PROGRAMS BOILER AND PIPING REPLACEMENT Contract Status CTB REVIEW C New Entity? Contract ID 9407 Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Contract Description* REPLACE HOT WATER BOILER AND PIPING IN ALTERNATIVE PROGRAMS. Contract Description 2 Contract Type * CONTRACT Amount * $238,1 58.00 Renewable * NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weld.go v Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM - CO U NTYATTO R N EY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date * 05,!07/2025 Parent Contract ID Requires Board Approval YES Department Project # Due Date 05/03/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be 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 Contact Name Purchasing Purchasing Approver Approval Process Department Head PATRICK O'NEILL LL DH Approved Date 05/13/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05/19/2025 Review Date * 08/29/2025 Committed Delivery Date Contact Type Contact Email Finance Approver RUSTY WILLIAMS Renewal Date Expiration Date* 08/29/2025 Contact Phone 1 Purchasing Approved Date Finance Approved Date 05/14/2025 Tyler Ref # AG 051 925 Originator CNAIBAUER Legal Counsel BYRON HOWELL Contact Phone 2 Legal Counsel Approved Date 05/14 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 May 5, 2025 To: Board of County Commissioners From: Patrick O'Neill Subject: Alternative Programs Boiler & Piping Replacement — 82500022 - Revised As advertised this bid is for the replacement of the Boilers and Piping for the hot water system at the Weld County Alternative Programs building. The low bid was from FRPHI Hydronics, LLC, in the amount of $162,147.00 and was awarded to them on March 17, 2025. During the submittal process, the contractor failed to provide the specified equipment that they submitted the bid for and subsequently withdrew their bid. The second low bid is from Harper Mechanical Inc. and meets specifications. Therefore, the Facilities Department is recommends rescinding the award to FRPHI Hydronics, LLC and awarding the project to Harper Mechanical Inc. in the amount of $238,158.00. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Facilities Director ao a5 - 05•8-o �3Cooa� March 12, 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: Alternative Programs Boiler & Piping Replacement — 82500022 As advertised this bid is for the replacement of the Boilers and Piping for the hot water system at the Weld County Alternative Programs building. The low bid is from FRPHI Hydronics, LLC and meets specifications. Therefore, the Facilities Department is recommending the award to FRPHI Hydronics, LLC in the amount of $162,147.00. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Facilities Director 3/!1 zoz5- b5a) BC�OOZ: WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett@weld.gov cgeisert@weld.gov ttaylor@weld.gov Phone: 970-400-4222, 4223 or 4454 DATE OF BID: FEBRUARY 27, 2025 REQUEST FOR: ALTERNATIVE PROGRAMS BOILER & PIPING REPLACEMENT DEPARTMENT: FACILITIES BID NO: B2500022 PRESENT DATE: MARCH 3, 2025 APPROVAL DATE: MARCH 17, 2025 VENDOR AMOUNT FRPHI Hydronics, LLC 2406 W. 11th Street Pueblo, CO 81003 Harper Mechanical Inc. 4604 Bush Mills Avenue Evans, co 80634 Maddison Mechanical Inc. 4161 Mulligan Street Longmont, CO 80504 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. $162,147.00 $238,158.00 Non -responsive 2025-0580 3/3 BC -100Z-1 Hello