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Home My WebLink About20212769.tiffCbritvack l I September 12, 2023 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Fuel Site — Change Order 3 (2021-2769) During the fuel site upgrade, Growling Bear's subcontractor could not get the north CNG dispensers to work. Growling Bear asked if one of the County's maintenance contractors (Redmark) could verify why the dispensers were not working properly. During this inspection, Redmark found that Growling Bear's subcontractor had wired the dispensers incorrectly and had installed some faulty electronic parts. Redmark subsequently repaired the wiring issue. And Growling Bear's contractor install new electronic components. The cost for the work from Redmark was passed on to Growling Bear. To account for this 3rd party work from Redmark, a credit of $1,206.00 is requested via this change order. Therefore the facilities department is recommending approval of the deductive change order in the amount of $1,206.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director CA11,6'1-1" I'k q/ZS/Z3 PL6-k-e- ) q/adfa,5 2021-Z"1toG BC -0023 CHANGE ORDER # 3 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND GROWLING BEAR COMPANY INC. Date: September 19, 2023 Original Agreement: Weld County document no. 2021-2769 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 1,902,037.00 Original Contract Amount $ 6,864.00 Previously Approved Change order(s) Amount $ (1,206.00) Current Change Order Amount $1,907,695.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: Digitally signed by Gary Gary Shironaka SI, naka Dte: 2023.09.20 13:47:35 By: -06'00' Name: Gary Shironaka Title: President ATTEST: ddrAsAd XO;11 Weld C. y Clerk to the Bo BY: Date 9/20/23 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO `1"x'1 12_, Deputy Cie P to th- �, . r"r�,j+ �;.�� Mike Freeman, Chair Page 1 of 1 SEP 2 5 2323 Exhibit A -CO # 3 Change Order Project ti Proposed Name: Weld County Fuel Site Project #: 2110 t Related Docs - ASI CCD COB RFI Trans # '-' 7/25/2023 I Email PCO # Title Status BOD Date Schedule Impact Closed Date Date Req. Critical CO# 008 Deduct CNG Pump technician Open 07/25/23 No 08/08/23 Description: Deduct for Weld county to provide a CNG tech for the ANGi pump to Eaton for gasboy programming Costs and Calendar days impacted on this change are based upon and all additional costs and/or impacted days from this change. known data at the time of submittal. Growling Bear reserves the right to claim for any Item# Description Quantity Units Unit Price Total Days Sub ID# I Sub PCO 001 CNG ANGI Pump technician Bill -1 LS $ 1,200.00 $ (1,200.00) 002 $ - 003 $ - 004 $ - 005 $ - _ 006 $ - 007 $ 008 _ -- -- __ -- - --_ _ _---� _ $ -- 009 $ - 010 $ - 011 $ - 012 _ $ - 013 $ - 014 $ - - - 015 _ _ $ 016 $ - - 017 $ - 018 $ - 019 S - j 020 $ 1 Self Perform Description Quantity _ Units Unit Price Days 001 Project Manager MHRS $ 85.00 $ - 002 Project Engineer MHRS $ 65.00 $ 003 Superintendent MHRS $ 75.00 $ - 004 Carpenter _MHRS $ 65.00 $ - 005 Laborer MHRS $ 45.00 $ - 006 $ - V 007 $ - 008 _ $ - 009 $ - 010 $ - 011 $ - - 012 $ - 013 $ - - - -- 014 $ - 015 $ - 016 $ - - - - ----- -- - -- - --- 017 $ : 018_ $ - 019 $ - 020 $ General Conditions 0 Days $ 1,250.00 $ - — Weather Days 0 Days $ - $ - Non-Compensable Days 0 Days $ - $ - GL Insurance -1.2 p per $1000 $ 12.00 $ - OH Markup Sub $ (1,200.00) % 10.00% $ - Profit Markup Sub $ (1,200.00) % 5.00% $ - _ Self Perform Oh Markup $ - % 10.00% $ - Self Perform Profit Markup $ - % $ - 5.00% Bonds $ (1,200.00) % 1.25% $ (6.00) Total PCO $ (1,206.00) 0 Days Redmark CNG Services, LLC 5660 E. 58th Ave. Unit B Commerce City, CO 80022-3976 303-287-6336 Bill To: Weld County 1399 N 17th AVE Greeley, CO 80631 John Gibbs Invoice Invoice #: 8713 Invoice Date: 7/24/2023 Due Date: 8/23/2023 Customer PO #: David Spri... Ship To: Weld County 1399 N 17th AVE Greeley, CO 80631 John Gibbs Item Description Qty Rate Amount 1050-3A Dispatch Cng station technician to Weld 7.5 160.00 1,200.00 County Cng site for dispenser repair. Traced all wiring between Angi Dispenser to Card reader. Found non terminated wires between units. Trace wires and connect correct pump signals. Test flow system Thank you for your business. Subtotal $1,200.00 Sales Tax (9.25%) $0.00 Total $1,200.00 Payments/Credits $0.00 Balance Due $1,200.00 Ct Entity Information Entity Name * GROWLING BEAR COMPANY, INC Contract Name* FUEL SITE DISPENSER (2021 -2769) Contract Status CTB REVIEW Entity ID* @00001753 Contract Description * CHANGE ORDER TO REFLECT A CREDIT. Contract Description 2 Contract Type* CHANGE ORDER Amount* ($1,206.00) Renewable * NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Q New Entity? Contract ID 7411 Contract Lead * SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;Iredfern@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 09/23/2023 09/27/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2100125 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 * 12/04/2023 Committed Delivery Date Renewal Date Expiration Date* 12/04/2023 Contact Info Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 09/21/2023 Approval Process Department Head Finance Approver Legal Counsel TOBY TAYLOR CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/20/2023 09/21/2023 09/21/2023 Final Approval BOCC Approved Tyler Ref # AG 092523 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 09/25/2023 /p December 27, 2022 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Fuel Site — Change Order 2 (2021-2769) During the fuel site upgrade, it was discovered that the three existing tank fill connection equipment cannot be reused due to non -compatibility with the new system. To ensure functionality, the contractor will need to replace these with fill connections that are compatible. Therefore, the Facilities Department is recommending approval of the change order in the amount of $2,130.00 for this needed replacement. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director WIWI& NM JO- OtAl /7-3 2021- Z7°9 13606i3 CHANGE ORDER # 2 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND GROWLING BEAR COMPANY INC. Date: December 21, 2022 Original Agreement: Weld County document no. 2021-2769 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 1,902,037.00 Original Contract Amount $ 4,734.00 Previously Approved Change order(s) Amount $ 2,130.00 Current Change Order Amount $1,908,901.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: By: Gary Shironaka o9eazoZz;zZz; o6Y;ho,o Date 12.22.2022 Name: Gary Shironaka Title: President ATTEST: W.1244) Weld Co, n Clerk to the B BY: Deputy Clem to the B n1 L, Mike Freeman, Chair BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO age 1ofl JAN 1 1 2023 boa/ -02144 Exhibit A -Change Order # 2 Proposed Change Order Project Name: Weld County Fuel Site 1 Project #: 2110 Related Docs di ASI CCD• COB RFI Trans # 12/20/2022 006 Email PCO # Title Status BOD Date Schedule Impact Closed Date Date Req. Critical CO# 006 _Labor to swap Owner supplied Parts Open 12/20/22 No 01/03/23 Description: Labor to swap out owner supplied parts per RFI 2110-006 Costs and Calendar days impacted on this change are and all additional costs and/or impacted days from this based upon known data at the time of submittal. Growling change. Bear reserves the right to claim for any Item# Description Quantity Units Unit Price Total Days Sub ID# I Sub PCO 001 Eaton Quote 1 LS $ 1,800.00 $ 1,800.00 002 $ - 003 $ - _ _ 004 $ - 005 $ - 006 $ - 007 $ - 008 $ - 009 $ - 010 $ - 011 $ - 012 $ - 013 $ - _ 014 $ - 015 _ $ - '016 $ - 017 $ - - -- --- 018 . $ - 019 $ _ 020 $ - Self Perform Description Quantity Units Unit Price Days I 001 Project Manager MHRS $ 85.00 $ - 002 Project Engineer MHRS $ 65.00 $ - _ 003 Superintendent MHRS $ 75.00 $ - 004 Carpenter MHRS $ 65.00 $ - 005 Laborer MHRS $ 45.00 $ - 006 $ - - - - --- 007 $ - 008 S - 009 S- 011 $ - 012 $ - 013 _ $ - - — - 014 $ - 015 $ - 016 $ - 017 $ - 018 _ $ - 019 $ - 020 5 - General Conditions 0 Days $ 1,250.00 $ - 0 Days Weather Days $ - $ - Days $ - Non-Compensable Days 0 $ - per $1000 GL Insurance 1.8 $ 12.00 $ 21.60 $ 1,800.00 % 10.00% OH Markup Sub $ 180.00 % 5.00% Profit Markup Sub $ 1,980.00 $ 99.00 % 10.00% Self Perform Oh Markup $ 21.60 $ 2.16 Self Perform Profit Markup % 5.00% S 23.76 $ 1.19 % i $ 2,103.95 1.25% $ 26.30 . Bonds Total PCO $ 2,130.00 0 Days i Project Location: Weld Co Maintenance 1113 H Street Greeley. CO REQUEST FOR CHANGE ORDER # 7 EATON SALES & SERVICE JOB 4 72146 From: EATON SALES & SERVICE LLC Project Description: Growling Bear/Weld Co Date: 12/19/2022 Contract Date: 11/29/2021 Ref. Number: Install three replacement overfill valve tops and three leak detector tees per RFI 2110-003-12.08.2002 Labor to swap - 3 hours @ $120/hr. $ Labor to take apart installed elbow and replace with housing as shown - 12 hours @ $120/hr. $ *** Please note - we will not know the lead times until the CO is approved and the order is placed We may need to add days to the project or possible expededite fees TOTAL CHANGE ORDER $ 360.00 1,440.00 1,800.00 Original contract sum: Net change by previous change orders: Contract sum prior to this request: This change order: New contract sum including this change order: 715,000.00 715,000.00 1,800.00 716,800.00 The contract time will be extended by days. New completion date: APPROVED BY: ACCEPTED BY: Owner: Contractor: EATON SALES & SERVICE LLC Owner Rep: Signature: Date: Contractor Rep: Bruno Busnardo Signature: Date: 12/19/2022 Eaton Sales Service, LLC 4803 York Street Denver, Colorado 80216 303.296.4800ph 303.296.5752fx Request for Information t 4 Project: Weld County Fuel Site I Project #: 2110 To: Robert Robert 801 Greeley, 8th Shreve Shreve Street, CO Architects Suite 80631 120 & Planner, Inc. From: Growling 2330 Greeley, 4th Bear Co Ave CO 80631 Inc Title: Eaton Onwer Supplied Item RFI RFI # Date Schedule Impact Impact Cost Critical ASI COB Picture i Specification 006 12/8/2022 Yes No Yes Sheets: Details: RFI: : Sub RFI#I 002 1 Sub IDIES&S See attached Eaton RFI Contractor Gary Shironaka Representative: IPM Title: Response: Architect/Engineer Signature: Date: Printed Name: Title: From: Chad Guthery To: Bruno Busnardo; Gary Shironaka Cc: Rod Wilhite Subject: RE: RFI Date: Thursday, December 8, 2022 12:15:05 PM Gary, In reviewing the drawings and supplied parts, T2.0 indicates item 15 (supplied by owner) MORRISON, MODEL NO. 9095AA0300AVER is incorrect. We cannot connect to it because it is a cam fitting rather than a threaded fitting. This is for the overfill valve and 3" fill piping. The Correct Part is: MOR9095AA3300AVEV R VALVE,OVERFILL AGST 3" w/3" Fern x 6" Fem*** * * Can we please address this? Thanks, Chad Guthery Eaton Sales and Service/Construction 303-518-5077 From: Bruno Busnardo <brunob@eatonmetal.com> Sent: Wednesday, December 7, 2022 2:07 PM To: Gary Shironaka<garyshironakal@growlingbear.com> Cc: Chad Guthery <cguthery@eatonmetal.com>; Rod Wilhite <rwilhitel@growlingbear.com> Subject: RFI Gary, In reviewing the drawings, T4.0 indicates that items 30 & 31 leak detectors, both Owner provided, are to be installed into item 24 - submersible pump. Because item 14 — solenoid valve, is installed after the pump, there is no way for the leak detectors to work properly. Can you please get a solution from the engineers on how this equipment should be installed so it will operate properly. Thank you Bruno Busnardo Division Manager — Denver June 10 1919 — June 10 2019 Celebrating 100 Years! Eaton Sales & Service LLC 4803 York Street PO Box 16405 Denver, CO 80216 O:(303) 296-5756 M:(303) 918-2795 (800) 328-6603 brunob@eatonme;al.com - www.EatonSalesService.com Bob, For the RFI in regard to the 3" fill connection. Our parts list had a typo and that resulted in a 3" male cam fitting connection. The Fuel contractor will need to order the top adapter 6" x 3" female threaded. I just called Morrison Bros. and the part numberfor just the replacement adapter is 9095A-3301MAPB. replace w t 6" x 3" threaded adapter fr• ss 'son 9095AA0300 (3") 9095AA3300 Regarding the 2' RFI, The Fuel contractor is correct, the Line Leak detectors should be downstream of the Solenoid Valve. The line leak detector should be installed in a tee housing at the horizontal to vertical drop relacing the elbow fitting. The tee fittings can be ordered from the leak detector manufacturer. Screenshot below is the correct example how the leak detector should be installed in tee housing downstream of solenoid valve. Contract Form New Contract Request Entity Information Entity Name* GROWLING BEAR COMPANY, INC Entity ID* 000001753 Contract Name. FUEL ISLAND DISPENSING UPGRADE (2021-27691 Contract Status CTB RE iEW Contract Description* CHANGE ORDER # 2 Contract Description 2 Contract Type. CHANGE ORDER Amount. 52,1 30,00 Renewable. NO Automatic Renewal IGA New Entity? Contract ID 6594 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman'Wco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 12131 ,12022 0104:2023 Department Email CM- BuildingGroundsAtweldgov.c om Department Head Email CM-BuildingGrounds- DeptHeadAveldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYW WE LDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Notes the Previous Contract Number and Maste On Base Contra Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept_ to be included? YES Bid/RFP #* 02100125 s Agreement Number should be left blank if those contracts are not in Effective Date , Review Date* 03:15 2023 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date= 03,15,2023 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 01/06/2023 Approval Process Department Head Finance Approver Legal Counsel TORY TAYLOR CHERYL PATTELLI MATTHEW CONROY DH Approved Date Finance Approved Date Legal Counsel Approved Date 01 0312023 01'0312023 01,'05/202.3 Final Approval BOCC Approved Tyler Ref # AG 011123 BOCC Signed Date BOCC Agenda Date 01%1112023 Originator SGEESAMAN Co vac+ iD4(oZca August 23, 2022 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Fuel Site — Change Order 1 (2021-2769) The contract for construction for upgrading the fuel site was executed with Growling Bear on October 27, 2021. Due to extensive supply chain delays for the dispensing equipment, the construction was not able to begin until August 15, 2022. The sub -contractor performing the civil work on the site has requested a change order for fuel costs that have risen substantially since the bid was initiated last year. The amount of the change order for fuel increase has been identified as $4,734.00. The supply chain delays are beyond what the civil contractor could have forecasted during the bid process last year. Therefore, the Facilities Department is recommending approval of the change order in the amount of $4,734.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 0113W+ nvdat, /01/ 21.09 Cvx g/7/ -1J - 2o21 -2-1(11 BC -100Z3 CHANGE ORDER # 1 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND GROWLING BEAR COMPANY INC. Date: August 23, 2022 Original Agreement: Weld County document no. 2021-2769 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 1,902,037.00 Original Contract Amount $ 0.00 Previously Approved Change order(s) Amount $ 4,734.00 Current Change Order Amount $ 1,902,037.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: Digitally signed by Gary Shironaka 8/23/22 Gary Shironaka Date:2022A8.23b439:42-0600 Date 8/23/22 Name: Gary Shironaka Title: President ATTEST: i4z AtAd ;"i Weld C. n y Clerk to the Bo rd BY: Deputy Cle j to the Page 1of1 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO cot K. James, Chair SEP 0 7 2022 a2/ -,2769 Exhibit A: Change Order # 1 Project Proposed Name: Weld Change County Order Fuel Site g Project #: 2110 Related Docs - ASI CCD COB i RFI Trans # 8/17/2022 Email PCO # Title Status BOD Date Schedule Impact Closed Date Date Req. Critical CO# 002 Fuel Price Increase Open 08/17/22 No 08/31/22 Description: Buxman Excavating fuel Price Increase Costs and Calendar days impacted on this change are based upon known data at the time of submittal. Growling Bear reserves the right to claim for any and all additional costs and/or impacted days from this change. Item# Description Quantity Units Unit Price Total Days Sub ID# I Sub PCO 001 Buxman Excavating COR 1 LS $ 4,000.00 $ 4,000.00 4 002 $ - .______�.._ . ____._.__.._-_.__-_._.._ .-_ _..� _ __.__--_____._ _.._-_________w_ 003 $ - 004 Y $ - 005 $ - 006 $ - _ _ _ ._�.. __.. _ __ . a_. _ _ 007 —_ _ . $ — 008 $ - 009 $ - - --- - $ -- - 010 - _ _ _ 011 $ - 012 $ - 013 $ - 014 $ - _ 015 $ - 016 $ - _ _. _ 017 - __ $ _ __ _ _ - 018 - - .. -- $ - - �. _ .. 019 $ - _ 020 $ - Self Perform Description _ Quantity Units - Unit Price Days I 001 Project Manager MHRS $ 85.00 $ - 002 Project Engineer MHRS $ 65.00 $ - 003 Superintendent MHRS $ 75.00 $ - _ 004 Carpenter MHRS $ 65.00 $ - 005 Laborer MHRS $ 45.00 $ - i 006 $ - .. -- - $ - $ _ 008 009 $ - I 010 $ - _ _ _ _ _ _-- _ 011 _0_-_ _ $ - 012 $ - 013 $ - _ _ . - - - _ 014 - $ - 015 $ - 016 _ $ - 017 _ .___ ..._..__ _ _ 018 - _ _ - _ $ - 019 $ 020 $ - General Conditions 0 Days $ 1,250.00 $ - Weather Days 0 Days $ - $ - Non-Compensible Days 0 Days $ - $ - --a GL Insurance 4 per $1000 $ 12.00 $ 48.00 OH Markup Sub $ 4,000.00 _ % 10.00% $ 400.00 _ Profit Markup Sub $ 4,400.00 % 5.00% $ 220.00 Self Perform Oh Markup $ 48.00 % 10.00% $ 4.80 Self Perform Profit Markup $ 52.80 % 5.00% $ 2.64 Bonds $ 4,675.44 % 1.25% $ 58.44 Total PCO $ 4,734.00 0 Days BUXMAN EXCAVATING, LLC. 32186 CR 29 Greeley, CO. 80631 Name / Address Growling Bear Co. BID Date Estimate # 8/8/2022 1917 Project/ Location Weld County Fuel Site Terms Description Qty Rate Total This is a change order request for the Weld County Fuel Site project. Our scope of the project is removing site amenities, remove and dispose of concrete and asphalt. Since we bid the project in November of 2021 and to the projected start date of August of 2022, fuel has taken a markedly increase in price, approximately $2/gallon. We estimate that we will be using approximately 200 gallons of diesel per day for 10 days of this project. That is 2000 gallons of fuel. 2,000 2.00 4,000.00 Total $4,000.00 Phone # 970-301-6038 Contract Form New Contract Request Entity Information Entity Name. GROWLING BEAR COMPANY, INC Contract Name. FUEL SITE UPGRADE (2©21-2759) Contract Status CTB REVIEW Contract Description* CHANGE ORDER # 1 FUEL Contract Description 2 Contract Type" CHANGE ORDER Amount. ¶4,734.00 Renewable NO Automatic Renewal Grant IGA Entity ID. '4,00001753 ❑ New Entity? Contract ID 6268 Contract Lead. SGEESAMAN Contract Lead Email sgeesaman9co.weld.co.us Parent Contract ID Re+c YES d, Department Project # Department Requested 11OCC Agenda Due Date BUILDINGS AND GROUNDS Date* ©8127;2022 08x31:2022 Department Email CM- BuildingGrounds@weldgov.c om Department Head Email CM-EuildingGrounds- DeptHeadAweIdgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EYA W ELDG OV.COM Will a work session with B0CC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP#* B2100125 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 On Base Contract Dates Effective Date Review Date. Renewal Date 12 19!2022 Termination Notice Period Committed Delivery Date Expiration Date 12,26,'2022 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date CHRISTIE PETERS Approval Process Department Head TOBY TAYLOR DH Approved Date 08,'29/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09 07'2022 Originator SCEESAMAN 08/30/2022 Finance Approver CHRIS D`OVIDIO Finance Approved Date 08/30/2022 Tyler Ref # AG 090722 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 08'30 2022 Con Iva CI- I Diicp1S-1 July 25, 2022 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Fuel Site Upgrade Contract Amendment (2021-2769) Growling Bear Company Inc. was awarded the bid to upgrade the fuel site in October 2021. The projected completion date for this project was June 30, 2022. Due to continued supply chain issues this project has been delayed. An extension of the contract is necessary to complete the project. Facilities Department is recommending approving this amendment to extend the contract. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director cons -0-4 00l" �� ZoZl-27lrF� o�Y/e/z"-- 6c-Iobz3 AMENDMENT # 1 TO AGREEMENT BETWEEN WELD COUNTY AND GROWLING BEAR COMPANY INC. This Amendment is made and entered into this 3i hday of rkkAcS,a922, by and between the Board of Weld County Commissioners, on behalf of the u� acilities Department, hereinafter referred to as the "Department", and Growling Bear Company Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an Agreement identified by the Weld County Clerk to the Board of County Commissioners as document No. 2021-2769, approved on October 27, 2021. WHEREAS the parties hereby agree to amend the terms of the Agreement in accordance with the terms provided herein. NOW THEREFORE, the parties hereto covenant and agree that the Agreement shall be amended as follows: 1. The current term of the Agreement ended on June 30, 2022. Due to supply chain issues, the term is hereby extended for one year, commencing on July 1, 2022, and ending on June 30, 2023. 2. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the day, month, and year first above written. CONTRACTOR: By:�'' Name: Gary Shironaka Title: President ATTEST: 1,,eZTA1 Jetta ;ti 8/1/22 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO cots K James, Chair AUG 0 8 2022 Page 1 of 1 Contract Form New Contract Request Entity Information Entity Name* GROWLING BEAR COMPANY, INC Contract Name* FUEL SITE UPGRADE (2021-2769) Contract Status CTB REVIEW Entity ID* 0,00001753 Contract Description* CONTRACT EXTENSION DUE TO SUPPLY CHAIN ISSUES Contract Description 2 Contract Type* AMENDMENT Amount" 30,00 Renewable* NO Automatic Renewal Grant IGA Li New Entity? Contract ID 6157 Contract Lead* SGEESAMAN Contract Lead Email sgeesarnan@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 07,E 30,,2022 0010312022 Department Email CM- Will a work session with BOCC be required?* BuildingGrounds@weldgov.c NO OM Does Contract require Purchasing Dept. to be included? Department Head Email YES CM-9uildingGrounds- DeptHeadOweldgov,com Bid/RFP#* 92100125 County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO R N EY TWELDG O!/.COM 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 OnUase Contract Dates Effective Date Review Date* 05 01 2023 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 06 30 2023 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 08,;'01 2022 Approval Process Department Head TOBY TAYLOR DH Approved Date 08'01;2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08;08'2022 Originator SGEESAMAN Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 08'01,2022 08 01 2022 Tyler Ref # AG 080822 69n-frilc+ =0 *5309 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & GROWLING BEAR CO INC. WELD COUNTY FUEL SITE UPGRADE PROJECT THIS AGREEMENT is made and entered into this 7"lay of QC4OtlQ / , 2021, by and between the Board of Weld County Commissioners, on behalf of the Department of Public Works, hereinafter referred to as "County," and Growling Bear Co, INC. hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. 82100125". Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. agns-eni- Atea-,dA, kol`a-7lat cc: On -6414-€-( 009 1- al G9 /a�a7/09l bGoo�3 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $1,902,037.00, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person; $1,000,000 for bodily injury for each accident; and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors where: (1) the Work includes Construction Surveying and/or Survey Monumentation and/or (2) plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to (a) Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, (b) Mix designs, (c) Contractor performed design work as required by the plans and Specifications, (d) Change Orders, or (e) Approved Value Engineering Proposals. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. 1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction. renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. 2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. 3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. 4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 year floodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. 5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. 6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). 7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Gary Shironaka Position: Address: 2330 4th Ave. Address: Greeley, CO. 80631 E-mail: garyshironaka@growlingbear.com Phone: 970-353-6964 County: Name: Toby Taylor Position: Director Address: 1105 H Street Address: Greeley, CO. 80632 E-mail: ttaylor,@welduov.com Phone: 970-400-2020 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-I 0-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 32. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: Growlin Bear Co nc. Name: G •--7 LSh Title: A'?" S . ` • Date of Signature WELD COUNTY: ATTEST: Weld C• d nt Clerk to the Boar BY: Deputy Clerk to t/- Boar BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO teve Moreno, Chair OCT 2 7 2021 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 D TE: AUGUST 24, 2021 BID NUMBER: 2100125 DESCRIPTION: WELD COUNTY FUEL SITE UPG E DEPARTMENT: FACILITIES MANDATORY PRE -BID CFERE CE: SEPTEFv1 ER 9, 2021 BID 1 PENING DATE SEPTEMBER 2BER 22, 2021 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"),wishes to purchase the following. ELD NTY FUEL WE UPGRADE A mandator re -bid conference will be held on September 9t 202.1 at 2:00 PM at the Weld County Facilities Department, 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre - bid conference to be allowed to submit bids. Bids will be received until: Se tember 22 2021 at 10400 AM Weld Count Purchasin In submitted bids wild be read over a Microsoft Teams Conference Call on Se, temper agp21,At To join: call the phone number and enter the Conference ID provided below: Time Clock). Phone Number (720) 439-5261 Conference 0: e 256990048 PAGE:U. — 8 OF THIS REQUEST FOR NUMBER REFERRED TO AS ''° IDS:. CONTAIN GE ER .._.IN . M TI.OO FOR..T _ REQUEST YE NOT ALL OF THE INFORMATION ION ONTAINE IN PAGES 1 8 rimy qg APPLICABLE FOR ERY_PRI~ASE. BID SPECIFICS FOLLOW PAGE B. 2, I NVIT T I+ T I Weld County requests bids for the above -listed merchandise, equipnn nt, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://vvww.bidnetclirectcproi. Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities oast their bids, quotes, proposals, addendurs, and awards on this one centralized system. 1. Email. Eniia lied bids are required. Bids may be emailed to bi s eid5 ov cone; however, if your bid exceeds 2511 B please upload your bid to htt s://www.bidnetdirect.com. . The maximum um file size to upload to BidNet is 500 MB. PDF format is require& 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 we receive your bid/proposal. Please call Purch shnq at 9704004223 or 4222 with any que tl.:n 3, INSTRUCTIONS TO ID kRS: INTRO UCT RY INFORMATION, Bids shall be typewrihen or wrth n in ink on forms prepared by the Weld County Purchasing leparqmen,. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of 4nyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signin,•, the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/.r 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 Sid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No rsponsibility will attach to the Weld County Controller for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said request being received frikm 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 h ,s been awarded_ :Adders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also u nderstod 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 9oard of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. °4n SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS: Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hitd for employment in the United States to perform work under this greement, through participation in the E -Verify program or the State of Colorado program established pursuant t C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work u nder this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to u ndertake pre -employment screening or job applicants while this Agreement is being performed. Of Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for servic=ts BID REQUEST #B2100125 Page 2 knowingly employs or contracts v'ith an illegal alien Successful bidder shall notify the subcontractor arc County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting witn an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days :•:f receiving notice. Successful bioder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable regLests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Drpartmerit of Labor and Employment. If Successful bidder participates in the State of Colorad•} program, Successful bidder shall, within twenty days after hiring a nE-.w employee to perform work under the contract, affirm that Successful bidder has examined thr Irgal work status of such employee, retaind file copies of the documents, and not altered or falsified the identification documents for such employees. Successful oidder shall de Over to County, a written notarized affirmation that it has examined the legal work status of such employee, arm shall comply with all of the other requirements of the State of Colorado program. If Successful bidder tails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm th«t any individui.<l natur;Al person eighteen (18) years of age or older is lawfully present in the Unite° States pursuant to C.R.S. § 24-76.5- 103(4), if such individual applies for public benefits provided under the contract. if Successful bidcer operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lavici ally present in the United States pursuant to federal law, (b) shall produce one of the forms of id r:ntification required by C.R.S. § 24-70.5-101, et seq., and (c) shall produce one of the forms of idenification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of :he bid, Weld County does not warrant that funds will be available to func the contract beyond the current fiscal year. B. Trade Secrets and .•ether Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. if necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, cle irly denting in red on the i Utormation at the top the word, "CNFIDENTIAL." However, the successful bidder is aevised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. 'he bidder is responsible for ensuring that all information contained within tht confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged informati•{r, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CO' "A p equ-1st for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whettier any of them may be withheld from disclosure pursuant to CO sEA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. GovernmentS llr—unity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protecti•ns or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Con ractor The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shai be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or r. BID REQUEST #B2100125 Page 3 employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Ciimpliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void G. No Third -Party Beneficiary Enf•,rcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurer--nt and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Thrmination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acKnowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. Y.iY..f.iasY.YY./mW -Y BID REQUEST #B2100125 Page 4 N. Subctsintt torso The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all p :rsonnel assigned tthe subject Project during the performance of this agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. rranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants teat all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, ana that all services will conform to applic{:i ble specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the gods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to :his bid for as many service calls as are necessary for the first one (1) year period after said goods 4re first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submifted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. :on -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval ,: ,f County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C R.S. §24-18201 et seq. and §2450-507. 5O7. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in Fwti{teti" 14'!Y �^"WY. •< 'F.Y '¢�p.'ca<wcvyp•lJ�s-Ta+A�Api. +NiF:m!C.FS�^"'T^^5`:, r ^/`�. : +M . Vr , N. , i "'frvAWNyyair '�HVM.�t<""-:��tv.Y�Naw..rwMMe[MNdfh Gf<.'NrYd'.�D.u:N �'aJMhtr rN. Y�Ync�;4':..^1'�kS.F'YDOlYi�x( a'"�� "J�'•!l1v~]N.Q4' BID REQUEST #B2 100125 nfir Page 5 any way appear to conflict with the full performance of its obligations under this Agreement. Fai,ure by tne successful bidder to ensure compliance with this provision may result, in County's so e discretion, in immediate termination of this Agreemen':. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises tie successful bidder's operations, or authorizes funding to the successful budder. T. Severabillty: If any term or condition of this Agreement shabe 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 executioi within the original intent of the parties. U. BIndlng. rbItran ProhRoltedo Weld County does not agree to binding a body or person. Any provision tc the contrary in the contract or incorprated her and voids rbitration by ;:ny extrajudicial n by reference shall be null V. Board of County Co mmIssaoners of Weld CountyApproval: This Agreement shah not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensatoon Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees tpay an amount no greater than tie amount of the accepter bid. The successful bidder acknowledges no payment in excess of that amount wi_I be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County' delegated employee, or by formal resolution of the Weld X. Ines: County Board of County Coy _ missioners, as required pursuanttthe Weld Cunty Cde. County will not withhold any taxes from monies paid to the successful bidder hereunder and he successful bilker agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not b entitled to bile at •vcrtime and/or douole time rates for work done outsize of normal business hurs unless specifically authorized in writing ' y County. INSURANCE REQU RE ENTS: insurance and E1nS mnafo atoon. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, he tollwing insurance covering all operations, goods or services provided pursuant to this request. Contract Dro'essionals shat keep the required insurance coverage in force at all times dicing the term of the Agreement, or any extension thereof, and during any warranty aeriodo The required insurance shall be underwriel by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" ` Ill •r better. Each policy shall contain a valid provision or endorsement seating " h.uld any of the above -described policies by canceled •r should any coverage br reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Cntroller by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such ccarcellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. f any policy is ire excess of a deductiole .r self -insured retention, County must be notified by thE-4 Contract Profess: nal. Contract Professional shall be responsible S orthe payment of any deductible or self -insured retenttion. County rese s the right to require Contract Pr•fessional to provide a bond, at no cost to County, in the amount of the deductible or se[f=insured retention to guarantee payment of claims. The insurance coverages speciein this Agreement are the minimum requirements, and these requirements do not decrease or limit tie libility of Professional. The County in no way warrants that the minimum limits contained herein a -e sufficient to protect them from liabilities that might arise out of the Derformance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and i} it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to ootain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. BID REQUEST #B2100125 Page 6 The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 1 OEMND TThe Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on ,.ccount of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where tiis contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work perfrmed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shAl not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AN AI when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Come ercoal General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. BID REQUEST #B2100125 Page 7 Minimum Limits: Per Loss Aggregate $ 1,0000000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof„ of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excesslumbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub - vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B2100125 Page 8 BID SPECIFICATIONS WELD COUNTY GREELEY FUEL SITE UPGRADE This project consists of removal of existing fuel site equipment and infrastructure and replacing it with new. The site is located at 1113 H Street, Greeley, CO 80631. SCOPE OF WORK This project will consist of genera! contractor removing existing fueling site including buildings, structures, equipment and paving and replacing it with new. In addition to plans and specifications attached that detail • scope, work shall include: he 1. Remove and replace concrete and asphalt as shown. 2. Remove control building and secondary containment structures. 3. Remove underground piping. 4. Remove all electrical wiring and conduits as shown. 5. Remove existing fencing as shown and provide new fencing where indicated. 6. Provide and install new lighting. 7. Provide all signage as shown and as required. 8. Install new fuel piping and conduits as shown. 9. Fueling control system shall be a part of this contract. Provide and install new fueling control systems as shown on drawings. Remove, store and re -use existing fueling control equipment as shown on plans for a fully functioning system. 10. Construct new control building as shown. 11. Re -grade site per civil drawings and place and finish concrete over entire lot as indicated on drawings. 12. Emergency generator located at the north end of the project shall have all electrical conduits maintained and protected so contractor can return to service within new building. 3. All C G fueling equipment located at the North end of the project and all CNG piping and electrical conduits shall be maintained and protected. NOTE: Some of the electrical conduits are located on the secondary containment wall. This equipment will be returned to use as p rt of the project. The current CNG system maintenance contractor is Ward Petroleum. However, General Contractor can use any certified vendor_ Cnractor shall identify which suboc ntractor will perform this work ith their bid ID responses. 14. Weld County has already purchased the new fuel tanks and pumps from Kubat Equipment and Service Company through another bid. These items will be delivered by Kubat. Winning contractor shall coordinate delivery dates. 15. The project will be permitted through the Weld County :wilding Department. Fees for building permits will be waived. 16. Contractor will need to coordinate any necessary permits with the local fire authority. Any fees for these permits to be paid for by contractor. 17. Contractor must develop a stormwater management program (SWMP) plan that meets EPA and State of Colorado requirements. Contractor must complete all requirements and submit via CEOS website. Contractor will be the operator for such permits and will be responsible for any violations/fines for non- compliance with the regulatory requirements. 18. Contractor will be responsible for any additional Weld County MS -4 requirements that are identified in the Public Works MS -4 checklist and Public Works Grading permit. 19. All fees from Xcel for relocating transformers and switch cabinets will be paid by Weld County. Contractor will be responsible for coordinating the moves and schedule with Xcel. 20. Contractor will be responsible for locating all buried utilities (including private) prior to excavation. __..•••.._...... ..A ......_.......,r... _ M ta-A 4".,e tr,2 a......��._... �w . _ .. ...�.__ . .�.0 _ BID REQUEST #B2100125 Page 9 21. All debris shall be removed daily and legally disposed of offsite. 22. Davis -Bacon and Buy American requirements are NOT required. 23. No bid bond is required for this project. 24. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 25. It is anticipated that a contract will be ready by October 18, 2021 and construction will commence thereafter with one month of construction. If during the bid process equipment lead times are longer and the schedule below cannot be met, identify the anticipated start and completion date. PROJECT SCHEDULE The following is a listing of forecasted dates for this project: Date of this Bid Advertisement Date Pre bid conference Bids Are Due Contract Award Contract Execution Construction PRICING August 24, 2021 August 24, 2021 September 9, 2021 September 22, 2021 October 11, 2021 October 18, 2021 October 19 — November 19, 2021 The pricing shall be provided as lump sum using the breakdown of major items. f $ CIVIL/SITE WORK/CONCRETE BUILDING $ $ FUELING EQUIPMENT OTHER $ $ TOTAL BASE BID CONSTRUCTION START: CONSTRUCTION COMPLETION: CNG CONTRACTOR Identify CNG contractor that will be restoring the CNG system to operation. Name: Phone: BID REQUEST #52100125 Page 10 The undersigned, by his r her signature, hereby acknow dges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. B2100125. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes He or she is authorized to bind the below -need bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of weld County. The bid(s) may be awarded to more than one vendor. FIRM BY BUSINESS ADDRESS (Please print) CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE DATE FAX E-MAIL TAX ID **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID*" WELD COUNTY IS EXEMPT FROM C NUMBER IS #98a551-0000. DO SALES T XES. THE CERTIFICATE r F EXE PTI YOU Dc " NOT NEED TO SEND BAC ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board S :eve Moreno, Chair BID REQUEST #B2100125 APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller Page 11 ADDENDUM# 1 BID REQUEST NO. B2100125 WELD COUNTY FUEL SITE UPGRADE 1. Question: Currently sheet D1.0 Note C shows that the tank slab is to be removed by others. This is incorrect, the tank slab and all other concrete is to be removed by GC. Answer: Change (BY OTHERS) in note C on sheet D1.0 to read (BY GENERAL CONTRACTOR). 2. Question: Currently the plan of the fence around the new fuel tanks does not have a gate shown in it anywhere. Answer: Contractor to provide an 8' wide gate in the new fencing around the new tanks. The location will be determined at a later date, ***we need signed copy on file with your bid. Thank You!*** Addendum received by: Sep 16, 2021 FIRM ADDRESS CITY AND STATE BY EMAIL QUESITO S & B2100125 ® ELD COUNTY FUEL SITE UPGRADE 1 113 H STREET, GREELE.0 p Co 631 ..o Question Sheet Cl has a note that states "Electrical line for Mag Chloride pumps may need to be lowered..." we are not able to quantify this work from this vague note for a proper bid. We suggest an allowance be provided by county for bidders to carry in the bid for this scope of workif needed Answer: Contractor shall assume that the existing line will need to be lowered. The approximate location of this line is shown on the plans. 2. Question: Will a state permit for the fueling system components and tanks be required? If required, will this be by GC or owner? Answer: Any permits for this project that are required by the State will be provided and ,paid for by the GC. Only the County building permit fees will be waived. 3. Question: For clarity of the items provided by owner on the fuel system per note 14 on the bid specs, please confirm the following items shown on sheet 11.0 are owner provided and installed items B, C, E, F, 6,, H, and N. Are there -any other items listed on this sheet owner provided and installed? Answer: The material lists on pages 110 and T 01 call out what is provided by owner and what is provided by GC. All items called out as provided by owner will be installed by GC. 4. Question: Sheet Al what is the finish material of the soffit? Answer: Metal soffit panels. 5. Question: Sheet Al does the interior plywood of the building paint? Answer: No. f. Question: Sheet DLO demo schedule item C has tank slab removed by others. Please confirm this work is not in contract. Answer: See Addendum . 7. Question: Sheet x"1.0 note box on the left side of page. This note indicates that contractor needs to visit the site to determine if an extension box or new electronic pump interface cards are required. Who should we contact on site to make arrangements to determine this information? Answer: The existing building was opened up at the site walk for this purpose. 1 8. Question: Sheet T1.0 note box on the left side of page. This note indicates that a 3rd party certified contractor will be responsible for programming and installation. Is the hiring of the 3rd party contractor by GC or owner Answer: This will be by the GC. 9. Question: Sheet C1 what is the thickness or assumed thickness of the concrete and asphalt to be demoed for bidding purposes? Answer: Assume 6". 10. Question: Is there a soils report for the project that can be provided? Answer: Yes, Soils re port has been posted to BidNet Direct. 11. Question: Is there any gates on the fence surrounding the tanks? Answer: See Addendum #1. 12. Question: Will the fence that is being torn down need to be replaced? Answer: Not at entry. If fence is torn down on any of the other sides to facilitate work, it must be replaced/restored. 13. Question: Does the fence have barbed wire on top? Answer: The new fence will require 3 strands of barbed wire at the top, 2 QUESTIONS & ANSWERS #2 B2100125 - WELD COUNTY FUEL SITE UPGRADE 1113 H STREET, GREELEY, Co 80631 1. Question: See Drawing C2: Is the new concrete slab edge parallel to "H" Street thickened as in Sec. A -A? Answer: Yes. 2. Question: See Page 7, Professional Liability (Errors and Omissions Liability) Insurance Requirement. General Contractors cannot get this insurance. Is there any professional service required to be performed in this contract? Answer: This insurance will not be required by the GC, 3. Question: Is there any requirement for modifying or strengthening the new concrete slab under the new above ground fuel tanks? Answer: The slab underneath the fuel tanks has been designed to support the weight of the tanks. 4. Question: What type of Contractors' License is required for the construction of the new control building? Answer: The Weld County Building Department will be issuing the permit. All trades requiring State licenses will need to provide these for the building permit to be issued. 5. Question: Can the Bid Date be extended 1 week? AnF rrsw� *`x er : r,� . N o . 6. Question: See Page 5: Detailed Equipment Specifications and Descriptive Literature are to be subr;;itted with the Bid. Can this requirement be modified to allow submittal within 1 to 3 business days after the Bid date? Answer: This information will need to he submitted at the time of bio. 7. Question: See Page 10: One month for construction is desired. Some of the concerns with this time frame are: a. 8 to 10 week or longer delivery for some materials b. Time required for preparation, submittal, and approval of SWMP Permit c. Late Fall and winter weather impacts. 1 d. Holidays e. Sequencing of work - f. Will a time frame of 120 Days to 150 Days be considered or are there limitations on how long the fueling system can be out of service? Answer: The bid form requests the dates in which the contractor anticipates the project can be completed. This may or may not vary from what is requested. Please provide realistic dates for the completion of the project. These dates may or may not be taken into consideration in awarding the project, Exhibit B BID PECIFICATION WELD COUNTY G R.E ; EY FUEL SITE UPGRADE This project consists of removal of existing fuel site equipment and infrastructure and replacing it with new. The site is located at 1113 H Street, Greeley, CO 80631. APE OF WORK This project will consist of general contractor removing existing fueling site including buildings? structures, equipment and paving and replacing it with new. In addition to plans and specifications attached that cetail the scope, work shall include: 1. Remove and replace concrete and asphalt as shown. 2. Remove control building and secondary containment structures. 3. Remove underground piping. 4. Remove all electrical wiring and conduits as shown. 5. Remove existing fencing as shown and provide new fencing where indicated. b. Provide and install new lighting. 7. Provide all signage as shown and as required. 8. Install new fuel piping and conduits as shown. 9. Fueling control system shall be a pad of this contract. Provide and install new fueling control systems as shown on drawings. Remove, store and re -use existing fueling control equipment as shown on plans for a fully functioning system. 10. Construct new control building as shown. 11. Re -grade site per civil drawings and place and finish concrete over entire lot as indicated on drawings. 12. Emergency generator located at the north end of the project shall have all electrical conduits maintained and protected so contractor can return to service within new building. 13. All CNG fueling equipment located at the North end of the project and all CNG piping and electrical conduits shall be maintained and protected. NOTE: Some of the electrical conduits are located on the secondary containment wall. This equipment will be returned to use as part of the project. The current CNG system maintenance contractor is Ward Petroleum. However, General Contractor can use any certified vendor. Contractor shall identify which sub -contractor will perform this work with their bid responses. 14. Weld County has already purchased the new fuel tanks and pumps from Kubat Equipment and Service Company through another bid. These items will be delivered by Kubat. Winning contractor shall coordinate delivery dates. 15. The project will be permitted through the Weld County Building Department. Fees for building permits will be waived. 16. Contractor will need to coordinate any necessary permits with the local fire authority. Any fees for these permits to be paid for by contractor. 17. Contractor must develop a stormwater management program (SWMP) plan that meets EPA and State of Colorado requirements. Contractor must complete all requirements and submit via CEOS website. Contractor will be the operator for such permits and will be responsible for any violations/fines for non- compliance with the regulatory requirements. 18. Contractor will be responsible for any additional Weld County MS -4 requirements that are identified in the Public Works MS -4 checklist and Public Works Grading permit. 19. All fees from Xcel for relocating transformers and switch cabinets will be paid by Weld County. Contractor will be responsible for coordinating the moves and schedule with Xcel. 20. Contractor will be responsible for locating all buried utilities (including private) prior to excavation. BID REQUEST #62100125 Page 9 21. All debris shall be removed daily and legally disposed of offsite. 22. Davis -Bacon and Buy American requirements are NOT required. 23. No bid bond is required for this project. 24. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 25. It is anticipated that a contract will be ready by October 18, 2021 and construction will commence thereafter with one month of construction. If during the bid process equipment lead times are longer and the schedule below cannot be met, identify the anticipated start and completion date. PROJECT SCHEDULE The following is a listing of forecasted dates for this project: Date of this Bid Advertisement Date Pre -bid conference Bids Are Due Contract Award Contract Execution Construction PRICING August 24, 2021 August 24, 2021 September 9, 2021 September 22, 2021 October 11, 2021 October 18, 2021 October 19 — November 19, 2021 The pricing shall be provided as lump sum using the breakdown of major items. I CIVIL/SITE WORK/CONCRETE $ 1,250,491.00 BUILDING $ 42,297.00 FUELING EQUIPMENT $ 609,249.00 OTHER $ TOTAL BASE BID $ 1,902,037.00 CONSTRUCTION START: 11/1/21 CONSTRUCTION COMPLETION: 6/30/22 CNG CONTRACTOR Identify CNG contractor that will be restoring the CNG system to operation. Name: Kubat/TBD BD Phone: BID REQUEST#B2100125 Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100125. 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 proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Growling Bear Co Inc BUSINESS ADDRESS 2330 4th Ave BY Gary Shironaka (Please print) CITY, STATE, ZIP CODE Greeley, CO 80631 TELEPHONE NO 970.353.6964 SIGNATURE--~- �a� nY/I1511.r.� DATE 9/22121 FAX 970.353.6974 TAX ID ## 84/0673636 E-MAIL bid@growlingbear.com **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. ATTEST: Weld ou ty Cler a the Beard WELD COUNTY, COLORADO BY: YOU DO NOT NEED TO SEND BACK PAGES I (4 CiattstAd c Deputy CIe to the B BOARD OF COUNTY COMMISSIONERS eve Moreno, Chair OCT 7 2021 ireemenmaar— BID REQUEST #B2100125 Page 11 ADDENDUMII1 BID REQUEST NO. B2100125 WELD COUNTY FUEL SITE, UPGRADE 1. Question: Currently sheet DLO Note C shows that the tank slab is to be removed by others. This is incorrect, the tank slab and all other concrete is to be removed by GC. Answer: Change (BY OTHERS) in note C on sheet DI.0 to read (BY GENERAL CONTRACTOR). 2. Question: Currently the plan of the fence around the new fuel tanks does not have a gate shown in it anywhere. Answer: Contractor to provide an 8' wide gate in the new fencing around the new tanks. The location will be determined at a later date. ***We need signed copy on file with Your bid. Thank You!*** Addendum received by: Growling Bear Co Inc FIRM 2330 4th Ave ADDRESS Greeley, CO 80631 CITY►'l•D STATE BY bid@growlingbear.com EMAIL Sep 16, 2021 Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification I Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. Print or type. See Specific Instructions on page 3. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Growling Bear Co Inc 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. 4 Exemptions certain entities, Instructions Exempt payee Exemption code Of any) (Applies to ecccunts (codes apply only to not individuals; see on page 3): code (if any) • Individual/sole proprietor or 0 C Corporation II S Corporation II Partnership iii Trust/estate single -member LLC company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) the appropriate box in the line above for the tax classification of the single -member owner. is classified as a single -member LLC that is disregarded from the owner unless the owner is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single from the owner should check the appropriate box for the tax classification of its owner. P. P. • Limited liability from FATCA reporting Note: Check LLC if the LLC another LLC that is disregarded Do not check of the LLC is -member LLC that tnelntdned outside the U.S.) ■ Other (see instructions) 5 Address (number, street, and apt. or suite no.) See instructions. 2330 4th Ave Requester's name and address (optional) 6 City, state, and ZIP code Greeley, CO 80631 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid J Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. or Employer identification number 8 4 0 6 7 3 6 3 6 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not reauired to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person Date P. 09/22/21 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) / 1 ® ACOREP CERTIFICATE OF LIABILITY INSURANCE `..-- DATE(MMIDDIYYYY) 10/14/2021 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 Flood and Peterson PO Box 578 Greeley, CO 80632 CONTACT Valerie Love, CIC, CISR NAME: (a/cO. No. Exu: (970) 506-3215 I FAX XC, No): (970) 506-6865 E-MAIL VLove@FloodPeterson.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: The Continental Insurance Company 35289 INSURED Growling Bear Co., Inc. 2330 4th Avenue Greeley, CO 80631 INSURER B : Continental Casualty Company 20443 INSURER C : Pinnacol Assurance 41190 INSURER D : Berkley Assurance Company 39462 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 2021 - 2022 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. ILSR TYPE OF INSURANCE NSD W VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYV) LIMITS A X COMMERCIAL GENERAL LIABILITY Y C2095216232 07/01/2021 07/01/2022 EACH OCCURRENCE $ 1,000,000 TO NTED PREM SES (EaEoccurrence) $DAMAGE 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2,�00,000 GEN'L AGGREGATE X LIMIT APPLIES JECTPRO PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X _ - LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY - _ _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY C2095216246 07/01/2021 07/01/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS MADE C2095216229 07/01/2021 07/01/2022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED I XI RETENTION $ 10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N NIA Y 1436910 07/01/2021 07/01/2022 X STATUTE OTH- ER E.L. EACH ACCIDENT 1000 $ '000 , E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1000,000 $ , D Pollution/Professional Installation/Builders Risk PCXB50089780719/5086424982 07/01/2021 07/01/2022 Limit Limit $2,000,000 $3,650,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: VVeld County Fuel Site Upgrade -1113 H Street Greeley CO 80631 Weld County Colorado its elected officials, and its employees are included as Additional Insured as required by written contract but only as respects to liability arising out of work performed by the named insured. The coverage is primary and non-contributory to any other valid and/or collectible insurance to the fullest extent the law allows per policy terms and conditions. Waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION Weld County Colorado 1150 O Street Greeley CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE bed__ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form New Contract Request Entity Information Entity Name* GROWLING BEAR COMPANY, INC Contract Name* WELD COUNTY FUEL SITE UPGRADE Contract Status CTB REVIEW Contract Description * UPGRADE THE WELD COUNTY FUEL SI I E Contract Description 2 Contract Type* CONTRACT Amount* S1,902,037.00 Renewable* NO Automatic Renewal Grant IGA Entity ID* Ca/00001753 Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgov.c om Department Head Email CM-BuildingGrounds- DeptHead� weldgov.r_om County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYA I I ORN EYWELDG OV.COM ❑ New Entity? Contract ID 5309 Contract Lead SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Requested BOCC Agenda Date* 10/20!2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 10,16 2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2100125 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 On Base Contract Dates Effective Date Review Date* Renewal Date 10`03 2022 Termination Notice Period Committed Delivery Date Expiration Date 10;01/2022 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date ROB TURF 10?22;`2021 Approval Process Department Head TOBY TAYLOR DH Approved Date 10,'2012021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda. Date 10'2712021 Originator SGEESAMAN Finance Approver CHRIS D'OV1D1O Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 10,2012021 10'20:2021 Tyler Ref # AG 102721 PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 October 4, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Weld County Fuel Site Upgrade; B2100125 As advertised this bid is for upgrading the Greeley Fuel Site located at 1113 H Street. The low bid is from Growling Bear and meets specifications. Therefore, the Facilities Department is recommending the award to Growling Bear in the amount of $1,902,037.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Z0Z1--21106( DATE OF BID: SEPTEMBER 22, 2021 REQUEST FOR: WELD COUNTY FUEL SITE UPGRADE DEPARTMENT: FACILITIES BID NO: B2100125 PRESENT DATE: SEPTEMBER 27, 2021 APPROVAL DATE: OCTOBER 11, 2021 VENDOR GROWLING BEAR CO INC 2330 4TH AVE GREELEY, CO 80631 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E-mail: cmpeters(weldgov.com E-mail: reverettaweldgov.com E-mail: rturfaweldgov.com Phone: (970) 400-4223,4222 or 4216 Fax: (970) 336-7226 START FINISH CNG TOTAL DATE DATE CONTRACTOR $1,902,037.00 11/01/21 06/30/22 KUBAT/TBD KUBAT EQUIPMENT & SERVICE COMPANY $3,277,833.00 02/07/22 04/01/22 WARD PETROLEUM 1070 S GALAPAGO ST DENVER, CO 80223 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 2021-2769 09 /Z7 6G? 0OZ3 Hello