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Home My WebLink About20251132.tiffConivQ DA4 6 -ko SERVICE AGREEMENT BETWEEN WELD COUNTY AND SWIFT BUILDERS, LLC THIS AGREEMENT is made and entered into this reclay of 1V1 , 2025, by and between the Board of Weld County Commissioners, on behalf f Facilities Department, hereinafter referred to as "County," and Swift Builders, LLC, 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. 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. B2500061 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 conRn}-��er� cc � oba6e C136) 'MI5 -1 I3Z 5O8/2�8/z PLLOIT'3_ _ BC 0071 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 worts 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 $615,858.00 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 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 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 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. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action 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. Ali 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 Attomey'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 or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Evan Swift Position: Manager 8 Address: 149 West Harvard Street, Suite 302, Fort Collins CO E-mail: evans@swiftbuilderslic.com Phone: (970) 682-4230 TO COUNTY: Name: Patrick O'Neill Position: Facilities Director Address: 1105 H Street, Greeley Colorado 80632 E-mail: poneill@weld.gov Phone: (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 Contractor conceming 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: Title: COA1PRAT,., WELD COUNT,,Y:.:`` -- ''� ,�,��,,//' ATTEST: �/..,dG�t hl G:.-ide4 11 Weld ounty lerk to the Board BY: _ Deputy Clerk to the Board �' ""�+�� Pe ,' L. Buck, Chair Date of Signature: 5.16.2x' BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 11 MAY 2 8 2025 2OZ5- H37- 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: 82500061 Title: Employee Health Clinic Renovation Advertisement Date: March 27, 2025 Pre- Bid Meeting: April 10, 2025, at 9:00 am Pre- Bid Location: 1555 North 17th Avenue, Greeley Colorado Questions Due: April 17, 2025, by 5:00 pm Questions Posted: April 21, 2025, by 5:00 pm Questions email: bids@weld.gov Bid Due Date: April 24, 2025, by 10:00 am, Purchasing's Clock Bid Delivery: Preferred email to bids c(�weld.00v 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 #B2500061 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: Employee Health Clinic Renovation A Mandatory pre -bid conference will be held on April 10, 2025, at 9:00 am at the Weld County Public Health Building located at 1555 N. 17th Avenue, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: April 24th, 2025, at 10:00 am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on April 24, 2025 at 10:30 am. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Microsoft Teams By Phone Join the meeting now Meeting ID: 214 225 132 085 Passcode: K3M3xY2P +1 720-439-5261„254755956# United States, Denver Phone conference ID: 254 755 956# 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 bidsaweld.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 #B2500061 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 #B2500061 Page 4 negative impact on Weld County in the current term or in any future terms. Solicitation #B2500061 Page 5 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a turn -key lump sum project for a vendor to provide all required services per the project documents and this invitation for bid to renovate the Employee Health Clinic in the Weld County Public Health 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 renovate portions of the first and second floors of the Weld County Public Health building to accommodate the new Employee Health Clinic. 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 BFI'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. 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 Solicitation #B2500061 Page 6 assume all associated costs. 7. Contractor is responsible for all winter protection, including but not limited to all soils. 8. Contractor is responsible for coordination with Weld County building department and the local city and fire municipalities. 9. Contractor is responsible for providing a complete access control system. This includes but is not limited to all pathways, conduits, door prep, hardware, Keypad card readers, door proximity sensors, programming, and any other component to provide a fully operational system that ties into Weld County's existing access control system. Access control is to be the ICT Protege GX Enterprise system. Substitutes will not be accepted. Installers must be ICT GX Certified. 10. Contractor will be responsible for providing a complete test and balance report prior to and 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/" 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 is responsible for maintaining existing building conditions. At no time is the building to be without power, mechanical systems, and plumbing systems. 15.All work can be completed during normal business hours, unless it requires any electrical, mechanical, or plumbing system to be shut down. If so that work must be completed during off hours. All systems must be functional before the start of the next business day. 16.Any excessive noise producing work must be completed during off hours. Excessive noise includes but is not limited to. Hammer drilling, concrete demo, radios, or any excessive noise that disturbs the normal building operations. Weld County project manager has the sole discretion to determine if any noise is excessive. 17. Normal business hours are Monday through Friday 7:00 am to 5:00 pm. 18. Contractor is responsible for maintaining dust control at all times as to not disturb the normal operations of the building. All temporary walls and or partitions are the responsibility of the contractor. 19. This project will need to be completed in two phases. First phase will be the second -floor renovation followed by the first -floor renovation. Contractor will need to allow up to three weeks between phases to allow Weld County to move the employees and equipment needed. 20. Contractor is responsible for coordinating the final location of all electrical and data outlets prior to installation of rough in boxes with the Weld County project manager and IT representative. Employee Health Clinic Renovation 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 Requirements: Solicitation #B2500061 Page 7 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. 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. Projects over $50,000.00 require payment (100%) and performance (100%) bonds. 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 #B2500061 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 March 27, 2025 April 10,2025, at 9:00 am 1555 N. 17th Avenue, Greeley CO April 17, 2025, by 5:00 pm bids(a�weld.gov April 21, 2025 April 24, 2025, by 10:00 am Purchasing's Clock May 12, 2025 May 27, 2025 November 7, 2025 Solicitation #B2500061 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 10:00 am on April 24, 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 Architectural 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. #B2500061. 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. Solicitation #B2500061 Page 10 Item Entry Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Title: Date of Signature Solicitation #B2500061 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) 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: 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, Solicitation #B2500061 Page 12 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 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 Solicitation #B2500061 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 #B2500061 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 #B2500061 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 #B2500061 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 dunng 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 penod 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 nght 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 pnor 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 dunng 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 nght (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 #B2500061 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 dunng 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 nght or remedy available to County with respect to such breach or default No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's nghts under this Agreement or under the law generally 11 Insurance. Contractor must secure, before the commencement of the Work, the following insurance covenng 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 dunng any warranty period For all coverages, Contractor's insurer shall waive subrogation nghts 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, covenng 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 appropnate sole propnetor 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, covenng 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 #B2500061 Page 18 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 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 wntten 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 ant 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 pnor to commencement of work under this Agreement and_remain in effect for the duration ofthe project, and for a longer penod 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 matenal 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 descnption shall be noted on the certificate of insurance The County reserves the nght to require complete, certified copies of all insurance policies for examination required by this Agreement at any Wile 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 Solicitation #B2500061 Page 19 17 Additional' Insurance Related Requirements The County requires that all policies of insurance be wntten-on a pnmary basis, non-contnbutory 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 carner shall provide a minimum of 30 days advance wntten notice to the County for cancellation, non -renewal, suspension, voided, or matenal 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 carner 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 dunng 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 nght 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 anse out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own nsks and if it deems appropnate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any'liabdity 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 #B2500061 Page 20 20 Mutual Cooperati • n 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. 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 ansing 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, 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 22 Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the pnor written approval of County Any attempts by Contractor to assign or transfer its nghts hereunder without such pnor approval by County shall, at the option of County, automatically terminate this Agreement and all nghts of Contractor hereunder Such consent may be granted or denied at the sole and absolute discretion of County 23 Examination of Records. To the extent required by law, the Contractor agrees that a duly authonzed representative of County, including the County Auditor, shall have access to and the nght 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 24 Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to delver 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, stnkes, war, flood, earthquakes, or Governmental actions 25 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 couner service requiring signature for receipt, or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract, or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party, or Either party may change its notice address(es) by written notice to the other Notice may be sent Solicitation #B2500061 - _ Page 21 to: TO CONTRACTOR: N ame: Position: Address: E-mail: P hone: TO COUNTY: N ame: Position: Address: E-mail: Phone: 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 use 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 #B2500061 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, nghts, 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 nghts of action relating to such enforcement, shall be stnctly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or nght 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 Distnct Court shall have exclusive junsdiction to resolve said dispute 33 No Employment of Unauthorized Aliens - Contractorcertifies, warrants, and'agrees that it does not knowingly employ or contract with an unauthonzed 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 unauthonzed alien to perform work under this Agreement Upon request, contractor shall deliver to the County a wntten 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 agi•ees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation If Contractor fads 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 readthis 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 pnor agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement Solicitation #B2500061 ,Page 23 CONTRACTOR By Name Title WELD COUNTY ATTEST Weld County Clerk to the Board BY Deputy Clerk to the Board _ Perry L Buck, Chair Date of Signature BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Solicitation #82500061 "P6ge`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 10:00 am on April 24, 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 Architectural Price $ 233,599 $ 71,555 $135,692 $ 63,350 $ 111,662 Mechanical Electrical Plumbing Other (Describe) (GC's, Insurance, Bond Premium, Fee) Total Lump Sum Cost Attestation $ 615,858.00 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2500061. 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. Solicitation #B2500061 Page 10 Item Company Name: Address: Swift Builders, LLC Entry 149 W Harvard Street, Ste 302, Fort Collins, CO Phone 970.682.4230 Email: Evans@swiftbuildersllc.com FEIN/Federal Tax ID #: 61-1777918 CONTRACTOR: By: Cr"aaz �fr-, Na, Evan Swift Title: Manager 4.24.25 Date of Signature Solicitation #B2500061 Page 11 Addendum # 1 Bid Request Number B2500061 Employee Health Clinic Currently Reads: Original bid advertisement did not include the project specification attachment. Change: Project specification attachment provided Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank your** Company Name: Swift Builders, LLC Signature: �G`"-- S� Name: Evan Swift Title: Manager April 23, 2025 4.24.25 Date of Signature Addendum # 1 Bid Request Number B2500061 Employee Health Clinic Questions and Answers 1. Question: What is the deck height of each floor? Answer: Basement = 85'-0" / First Floor = 100'-0" / Second Floor = 113'-0" / Roof Joist Bearing = 125'-8" 2. Question: Please provide specs for the finishes (flooring, ACT, tile, paint, etc) Answer: See addendum #1 3. Question: Please provide specs for the casework and countertops) Answer: See addendum #1 4. Question: Please provide specs for the doors) Answer: See addendum #1 5. Question Refrigerator in Breakroom 116 is marked as NIC, but the Microwave is not. Is this to be contractor provided? If so, please provide a spec: Answer: Microwave is owner furnished owner installed. 6. Question: Refrigerator in Breakroom 116 is marked as NIC, but the Medical Refrigerators in Room 109 are not marked NIC. Are these contractor provided? If so, please provide a spec Answer: These are owner furnished owner installed. 7. Question: Is the Defibrillator next to RR 108 to be provided by contractor? If so, please provide a spec. Answer: This is owner furnished owner installed. 8. Question: Is the Scale next to Nurse Station 106 to be provided by contractor? If so, please provide a spec Answer: This is owner furnished owner installed. 9. Question: Is the contractor to provide trash cans in the casework for Exam Rooms 111, 112, 113? If so, please provide a spec Answer: Owner furnished owner installed. 10. Question: The Toilet Paper Dispenser in RR 114 is marked as NIC. Should this be OFCI? Also, there isn't one shown in the other restrooms Answer: Owner furnished contractor installed. 11. Question: Please provide a spec for the 12"x12" Sample Pass Through Window in RR 108. Answer: See addendum #1 12. Question: Please provide a spec for the FEC in Hall 104) Answer: See addendum #1 13. Question: Please provide specs for the grab bars and mirrors. Answer: See addendum #1 14. Question: Is the Hearing Station in room 120 by Owner? Answer: Owner furnished owner installed. 15. Question: Will we be able to place a dumpster on site? Answer: Yes, location TBD. 16. Question: Will we need to provide a portable restroom for use by the construction team? Answer: Yes 17. Question: Are we required to use a specific fire sprinkler contractor? Answer: No 18. Question: Are we required to use a specific fire alarm contractor? Answer: No, but they must be certified installers. 19. Question: Sheet E0.2 makes mention of providing a new fire alarm system. Please clarify the extent of the new system — is it to cover only the two work areas, or the whole building? Is there an existing building FA system to tie into? If so, please specify the existing system and/or provide a picture of the FACP. Answer: The existing FACP is to remain, contractor is responsible for design, programming, permit and installation of new devices in the affected work areas. Existing system is a Honeywell Firelite FACP. All new components must be compatible. 20. Question: Will existing non -drywall partitions in the work areas (for cubicles etc.) be removed by the owner or contractor? Answer: Owner will remove all existing furniture. 21. Question: Please confirm Privacy Curtain and Track product referred to in spec section 10800 is shown as the double dashed lines around the exam tables in Exam rooms 111 & 112, and Family Treatment 113. Answer: Curtains and tracks must be NFPA 701 compliant commercial grade aluminum hospital curtain track system. Configuration and layout to be fit per drawings. Color or curtains to be chosen by owner during submittal process. 22. Question: What is the existing floor structure under the 1St floor work area? Slab on grade or is there basement space underneath? If basement, what is the basement ceiling in this area? Answer: There is an occupied office space under the first floor work area. 23. Question: Spec sections past Division 10 were not supplied in Addendum #1. Please provide. Answer: Remaining applicable spec sections are in the project drawings. 24. Question: Can you please specify the countertop material to be installed in rooms 111, 112, 112, and 117? Answer: See addendum #1. 25. Question: Please confirm the existing ACT system in Phase 2 is scheduled to be removed and replaced. Answer: Yes 26. Question: Can the existing Fire Alarm system be modified to meet code, or does the entire system need to be replaced? Answer: See question #19. 27. Question: Do Exam Rooms 111, 112, and 113 require cubicle curtain tracks and curtains? Answer: Yes 28. Question: On Misc Hardware, the #2 overhead door stop, one says Glynn Johnson and the other floor says Stanley. Can they be either or? Or do they have to match what is on the drawings? Answer: Either is acceptable. 29. Question: On Misc Hardware, the #4 smoke barriers, one says NGP-200NA the other says Pemko. Can they be either or? Or do they have to match what is on the drawings? Answer: Either is acceptable. 30. Question: There is no toilet paper dispenser shown on drawings or called out in specs. Is this by owner, GC install? Answer: These will be owner furnished contractor installed. 31. Question: The restrooms call for LVT per room schedule, they are NOT tile flooring? Answer: That is correct, restrooms are to be Tarkett ID Latitude, wood color urban oak. 32. Question: Medical Storage calls for VCT not LVP, is this correct? Is there a spec for VCT? Answer: Medical storage is supposed to be LVP not VCT. 33. Question: Can you confirm the carpet and base to be contractor provided? Answer: Carpet is to be Tarket Power Bond 6' Afermath, color Fleece. Base is Johnsonite 4" Burnt Umber. 34. Question: Is the contractor responsible for demolition of all existing flooring in the affected work areas. Answer: Yes 35. Question: Spec 2.5.1 per sheet M0.4 mentions to extend the network of the existing BAS. Johnson Controls Metasys and Setpoint Systems Delta have been the only two BAS suppliers approved in the past. Please provide a list of approved BAS suppliers for this project. Answer: Setpoint Systems, Delta Controls. 36. Question: Please clarify if the BAS is to monitor the occupancy in each space served by each exhaust fan (EF) and provide control of each EF. Answer: Yes 37. Question: Please clarify if the BAS is to monitor the space temp in room 121 IT and control the transfer fan (TF). Answer: Yes 38. Question: Please provide control points required to be monitored by the BAS for VAV boxes 317 and 328 Answer: Control points for new VAV's are to match existing VAV control points. 39. Question: Should wall types and finishes be applied base on the directional terms in the Room Finish Schedule on sheet A4? Should we assume that interior wall types change per the finish schedule. Answer: Yes 40. Question: The room finish schedule designates most rooms as having "existing" for flooring materials and LVP for flooring finish. However, the demolition plans and floor finish plans do not clearly indicate where flooring is to be removed or replaced. Will there be installation of any new flooring on the first floor? Answer: All existing flooring is to be removed. New flooring is to be installed in all areas per the room finish schedule. No existing flooring is to remain. 41. Question: What is the preferred specification for the new ACT and Carpet. Answer: See addendum #1 and previous questions. 42. Question: What material are the decks above the ceiling tiles, 1St and 2nd floors? What is the height of the decks? Answer: See question #1 43. Question: Are you only accepting bids for the controls from Setpoint Systems? Answer: Yes 44. Question: Is the contractor responsible for the removal of the partion walls in the existing office space? Answer: See previous questions. 45. Question: The bid form requests a breakdown of costs including Architectural, Mechanical, Electrical, Plumbing, and Other. Given that a full set of project drawings has already been provided with the bid package, could you please clarify what is expected under the Architectural category? Specifically, are the bidders expected to include costs related to coordination, construction support, or other architectural — related services? Answer: No, this is for the cost of all non -MEP construction related items. Like walls, finish, flooring, paint and so on. 46. Question: Is GC to remove furniture, desk, chairs on both floors? Answer: No 47. Question: Is GC to remove the existing wall partitions (free standing moveable)? Will they be salvaged? Answer: No 48. Question: Is there any work in the stair well, flooring/painting? (next to room #114) Answer: No 49. Question: Are all counters the solid surface? Answer: Yes 50. Question: Do we have a spec for the solid surface countertops? Answer: See Addendum #1 51. Question: A3 shows a Defibrillator on the wall. Is this by Owner or GC? Spec? Answer: See previous questions. 52. Question: Specialties, owner provide paper towel dispenser the only item? Or do we go by the specs 1000-3 for items by GC? Answer: Owner will provide the paper towel dispenser, soap dispenser, toilet paper dispenser, and sanitary napkin dispenser. All other items are to be provided by the contractor. All items are contractor installed. 53. Question: Is there a spec for the pass -through window? Answer: See addendum #1 54. Question: Any FRP in the janitor's room? Answer: Yes, 4' in height on all walls. 55. Question: Does restroom #114 get tile on all 4 walls. Answer: All restrooms get tile on all walls per the specifications. 56. Question: Does the coiling OHD door remain? No work? Answer: Yes 57. Question: Who is the existing building controls company? Answer: Delta Controls by Setpoint Systems. 58. Question: Corner guards required? Location? Answer: No 59. Question: Any window blinds? What rooms? Specs list window film? Where is this located? Answer: All windows get window film and blinds. See project specifications. 60. Question: A3 shows double line in exam rooms. Is this a privacy curtain? Is it by the GC? Answer: Yes 61. Question: The scale in the nurse's station by owner? Answer: Yes 62. Question: Card readers by owner? Answer: No contractor is responsible for card reader and access control system. 63. Question: A6 detail 1/A6 calls for BL -1. Is that a HM frame with glass window? Answer:No, aluminum frame. 64. Question: The vanity/countertop in room 117, is it a solid surface countertop and PLAM cabinets? Answer: Yes 65. Question: Room 208, is that existing sealed concrete? Or is it new sealed concrete? Answer: This room is to be carpet. 66. Question: Room 208 is the ACT existing and to remain in this room? Answer: No, it is to be removed and replaced. 67. Question: Specs 10000-1 Dept Letters, is GC responsible for the Employee Health and Vital Record signage? Answer: Yes 68. Question: Specs 10000-1 Room identification, is this in the GC scope? Answer: Yes 69. Question: Acoustical ceilings, this is all new tile and grid? Or are we reusing? Answer: All ACT is to be removed and replaced including the grid. 70. Question: Existing Fire Alarm in building is by whom? Answer: Honeywell Firelite 71. Question: Do you want demo done off -hours? Answer: Yes 72. Question: What are the specifications for the Solid Surface Countertops outlined on sheet A6, rooms; 102, 105, 106, 109, 111, 112, 113, 116 and reception desk? Answer: See addendum #1 73. Question: Will the contractor be installing devices, cabling and equipment for the telecom pathway system? Sheet (E4.1 & E4.2) Answer: Contractor is responsible for all pathways for all low voltage devices and cabling. Weld County will install all data cabling for the weld county network connections. All other cabling is the responsibility of the contractor. 74. Question: Sheet A6, detail "access rest room 108" calls for the Wainscot Ceramic Tile to 4'-9", while the remarks on the Room Finish Schedule (Sheet A4) calls for Wainscot to 4'-3". What will be the height of the Wainscot Ceramic Tile in the Rest Rooms? Answer: 4'-9" 75. Question: What is the preferred manufacturers for the access control system / cameras? Answer: Access Control must be ICT Protege GX system and devices. Cameras are owner provided. 76. Question: Materials: Red Oak, first quality, for transparent finish on rails and trim: This is not our standard or probably anyone else's that does this kind of work Answer: Bid per specifications 77. Question: Reveal Overlay Construction: Again, we don't do this. The elevations are drawn with thicker lines. Nevertheless, we could only price full overlay frameless. Answer: Bid per specifications 78. Question: Vertical grade PL: That is fine, but the counters are quartz, not plastic laminate, so is there any plastic laminate counters that would be applicable here. Answer: Bid per specifications 79. Question: Further, at the top of the next page, it states General Purpose. General Purpose could be more difficult to obtain and vertical is the preferred grade Answer: Bid per specifications 80. Question: The laminate color Wilsonart Shaker Cherry is available in the promoted finish of 07, but that is Textured Gloss. It specifically states "non gloss." Please advise which finish would be accepted with the knowledge that it may not be stocked even at the factory. We won't know until the order is placed. Answer: Bid per specifications 81. Question: The product selected for the counters is a Solid Surface. It comes in 1/2", not 3/4" and is generally built up 1-1/2". Therefore the splash can be 1/2", but the material is not 3/4". We assume this is for all the counters. Is it? Answer: %z" is acceptable with build up. 82. Question: Stanley Pull: Can we use our standard 4" D -pull Brushed Chrome? Answer: Bid per specifications 83. Question: Stanley Hinges: We use either Euro or 5 -knuckle. Can we use one or the other. Answer: Bid per specifications 84. Question: Stanley Magnetic Catches: Magnetic catches would only be used with 5 -Knuckle Hinges and we would want to use our shop standard. Answer: Bid per specifications 85. Question: Shelf Standards: Haven't used them inside cabinets for 35 years. We would use the 32 MM system with Heavy -Duty, Double Locking Clear Shelf Clips Answer: Either is acceptable 86. Question: Drawer slides: Again, we would want to use our shop standard, which is not KV Answer: Bid per specifications 87. Question: Locks: Confusing. Do they want them keyed alike or keyed differently. We usually key alike per room with two master keys. Is that okay Answer: Keying will be confirmed with awarded contractor during submittals. 88. Question: Will there be any further sections or do we assume 24" base cabinets and 12" wall cabinets, except at A/A6 Check In 102 with a section 1/A6. Please advise what the depth of the cabinets are. Answer: Bid per specifications and drawings 89. Question: Although the overall height does not dictate this, could Section 1/A6 be a Transaction Top? If so and over 6" deep, it would need front to back, side to side support, including a back cleat, both to full wood in -wall backing by others. If so, we would need another section shown both the employee counter and the transaction top. Answer: Metal supports will be needed 90. Question: Above leads me to say that if there is an employee counter (B/A6), the open area would need front to back, side to side support, including a back cleat, both to full wood in -wall backing by others and the section not referenced (1/A6) does show a bracket, but no back cleat. Answer: Metal supports will be needed, contractor responsible for cabinetry and countertop shop drawings during the submittal process. 91. Question: 1/A6: What is the specification for the bracket. It appears to be outside the wall and we are happy to use our standard A & H Bracket, but do need the depth(s). Further, we can use our standard back cleat 1-1/2" x 1-1/2" aluminum angle. Just need clarification. Answer: See previous questions 92. Question: We assume sink bases are not ADA. Answer: Project drawings and specifications outline where ADA cabinet sink bases are needed. 93. Question: In lieu of a section, we would provide our standard Trash Pullout Cabinet. Trash can supplied by others. Is that okay? Answer: Bid per specifications and drawings. 94. Question: Phase 2, Finish schedule shows all flooring to remain as existing, who will patch flooring at removed walls? If Contractor, will Weld County furnish material, if not need specifications of existing materials. Answer: See previous questions, all existing flooring is to be removed and replaced with either carpet or LVP. Contractor is responsible for all flooring to include but not limited to demolition, prep, and new flooring materials and install. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank your** Company Name: Swift Builders, LLC 4.24.25 Signature: ��'L 5'w� Name: Evan Swift Title: Manager April 23, 2025 Date of Signature ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 05/13/2025 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 policy(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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown & Brown Insurance Services, Inc. CONTACT Certificate Processing NAME: am. Ext1: (720) 963-4321 I laic, No): (970) 484-4165 4532 Boardwalk Dr., Suite 200 ADDREE-MAIL SS: 266.certificates@bbrown.com INSURER(S) AFFORDING COVERAGE NAIC A Fort Collins CO 80525 iNsuRERA: United Specialty Insurance Company 12537 INSURED INSURER B : Pinnace' Assurance 41190 Swift Builders LLC iNsuRER c : American Zurich Insurance Company 40142 P. O. Box 272430 INsuRER D : Owners Insurance Company 32700 INSURER E : Fort Collins CO 80527 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 MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSD'XII POLICY NUMBER (MMIDDIYYYY) „Taw, POLICY EXP (MMIDDIYYYI� LIMITS A X COMMERCIAL GENERALLIABILITY I CLAIMS -MADE X OCCUR Y Y ATN2429270 09/01/2024 09/01/2025 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occunence) 500,00D $ MED EXP (Any one person) $ 10,000 PERSONAL&AG, iNJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM_ AGGREGATE LIMIT APPLIES PER: _^ POLICY N JET LOC OTHER: PRODUCTS - COMP/OP AGG $ 2.000,000 Total Aggregate Limit $ 5,000,000 D AUTOMOBILE UABIUTY _ X ANY AUTO OWNEDONLY _ AUTOS HIRED AUTOS ONLY TOS SCHEDULED NON -OWNED AUTOS ONLY 53-509-019-00 09/01/2024 09/01/2025 COMBINED SINGLE LIMIT (Ea aciident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident, $ PROPERTY DAMAGE {per accident) $ $ A X UMBRELLA LIAB EXCESS me OCCUR CLAIMS -MADE BTN2421927 09/01/2024 09/01/2025 EACH OCCURRENCE $ 5'000'000 AGGREGATE $ 5'000'000 $ DED I XI RETENTION $ 0 B WORKERS COMPENSATION AND EMPLOYERS' UABILITY y / N ANY PROPRI ATBMPARTNEDREgECUTIVE 2 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, de ZI under DESCRIPTION OF OPERATIONS below NIA 4195670 09/01/2024 09/01/2025 XI STATUTE I I ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1.000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Weld County Health Clinic Project Weld County, its elected officials and its employees are named as additional insured and waiver of subrogation is in their favor in respects to General Liability, as required by contract. All policy terms, conditions and exclusions apply. CERTIFICATE HOLDER 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 CO 80631 I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* SWIFT BUILDERS LLC Entity ID* @00040607 Contract Name* EMPLOYEE HEALTH CLINIC RENOVATION Contract Status CTB REVIEW Q New Entity? Contract ID 9469 Contract Lead* CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* PROVIDE RENOVATION SERVICES FOR THE NEW EMPLOYEE HEALTH CLINIC LOCATED IN THE EXISTING HEALTH BUILDING. Contract Description 2 Contract Type* CONTRACT Amount* $615,858.00 Renewable NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 05/24/2025 GROUNDS 05/28/2025 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- COUNTYATTORNEY@WEL D.GOV Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 12/01/2025 Committed Delivery Date Renewal Date Expiration Date* 12/01/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel PATRICK O'NEILL RUSTY WILLIAMS BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 05/19/2025 05/20/2025 05/20/2025 Final Approval BOCC Approved Tyler Ref # AG 052825 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 05/28/2025 April 29, 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: Employee Health Clinic — B2500061 As advertised this bid is for the renovation for the Employee Health Clinic at the Weld County Public Health Building. The low bid is from Swift Builders, LLC and meets specifications. Therefore, the Facilities Department is recommending the award to Swift Builders, LLC in the amount of $615,858.00. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Facilities Director 5/12 Zo25- k 132 �C UOZ� DATE OF BID: APRIL 24, 2025 REQUEST FOR: EMPLOYEE HEALTH CLINIC RENOVATION DEPARTMENT: FACILITIES BID NO: B2500061 PRESENT DATE: APRIL 28, 2025 APPROVAL DATE: MAY 12, 2025 VENDOR Swift Builders, LLC 149 W. Harvard Street, Suite 301 Fort Collins, CO 80525 Halcyon Construction, Inc. 3540 State Highway 52, Suite F3 Frederick, CO 80516 TCC Corporation 6820 Powell Street Loveland, CO 80538 Happel & Associates, Inc. 722 Washington Avenue, Suite 211 Golden, CO 80401 KR Construction Group Inc. 1029 S. Sierra Madre Street, Suite A Colorado Springs, CO 80903 WCC Construction LLC 1112 Oxborough Lane Fort Collins, CO 80525 Growling Bear Co. Inc. 2330 4th Avenue Greeley, CO 80631 Poudre Construction and Design, LLC 206 E. 4th Street, Suite 230 Loveland, CO 80537 WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett@weld.gov cgeisertaweld.gov ttaylor@weld.gov Phone: 970-400-4222, 4223 or 4454 AMOUNT $615,858.00 $658,561.00 $678,247.00 $689,346.00 $698,744.00 $711,000.00 $723,892.00 $753,400.00 2025-1132 .3.1 6G L021 PAGE 2 REQUEST FOR: EMPLOYEE HEALTH CLINIC RENOVATION DEPARTMENT: FACILITIES BID NO: B2500061 VENDOR AMOUNT A.D. Miller Services, Inc. 7006 S. Alton Way, Bldg E-100 Centennial, CO 80112 Skyler Design Build, LLC 9800 Mount Pyramid Court, Suite 400 Englewood, CO 80112 M KCO 12421 W. 49. Avenue, Unit #7 Wheat Ridge, CO 80033 Classic Contractors, Inc. P.O. Box 2798 Loveland, CO 80539 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. $764,990.00 $1,134,920.00 $1,491,380.57 LATE BID Hello