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Home My WebLink About20230431.tiff(wive( (0T3: AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & SKYLINE FALL PROTECTION, INC ROOF SAFETY ANCHORS & ACCESS HATCH GUARDRAILS/GATES PROJECT nd THIS AGREEMENT is made and entered into this 2 day of March , 2023, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and Skyline Fall Protection, 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. B2300049. 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. Con sevrF eYclA 03 /z0/23 66:p ,oit,e),A,--6 6-) *2-0/,)-6 ZaZ3 - 0`31 $C,OOZS 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Facilities Department or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to tie 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 prodict 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 sibmitted 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 bas's 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 $270,753.80, 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 appicable, 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 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: Madison Ensing Position: Address: 8528 Lake Michigan Drive Address: Allendale, Michigan 49401 E-mail: madison(&,,skylinefp.com Phone: 616-895-4141 County: Name: Toby Taylor Position: Facilities Director Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttavlorgweldgov.com Phone: 970-400-2021 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services 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 CR.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: Skyline Fall Protection, Inc. By: %pt,..Z,,,. Name: Madison Fnsirl Title: Project M onager WELD COUNTY: ATTEST: Weld C • nt, Clerk to the Boa • d`weki Deputy Clerk to e Bo - rd „.,WrA.,,,) to:4, March rid 2023 Date of Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ike Freeman, Chair MAR 2 0 2323 QZLa 3 -17 L31 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150O STREET GREELEY, CO 80631 COUNT DATE: JANUARY 5, 2023 + t r r BID NUMBER: B2300049 DESCRIPTION: ROOF SAFETY ANCHORS & ACCESS HATCH GUARDRAILS & GATES DEPARTMENT: FACILITIES MANDATORY PRE -BID CONFERENCE DATE: JANUARY 19, 2023 BID OPENING DATE: FEBRUARY 2, 2023 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: ROOF SAFETY ANCHORS & ACCESS HATCH GUARDRAILS & GATES A mandatory pre -bid conference will be held on January 19, 2023 at 1:00 PM at the Weld County Facilities Building located at 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: February 2, 2023 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 2, 2023 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, Fort St. Vrain Meeting Room, 1150 O Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 741 038 845# PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein_ Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net 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://www.bidnetdirect.com/. 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 post their bids, quotes, proposals, addendums, and awards on this one centralized system. did Delivery to Weld County: 1. Emailed bids are required. Email bids to bids@weldgov.com; however, if your bids exceeds 25MB please upload your bid to https://www,bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid is received. Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation; followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Bid Forms which are includea in this package and on the basis indicated in the Bid Forms. The Bid must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarder. Bidders 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 understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded tc more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract. which if required. has been made a part of this RFB. 4. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If BID REQUEST #62300049 Page 2 necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA) with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the 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. Compliance 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 Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. BID REQUEST #B2300049 Page 3 I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials. equipment and/or products necessary for the project and agrees to diligently provide all services, labor; personnel and 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 r r r payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material 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. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens; encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. BID REQUEST #B2 300049 Page 4 Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1 Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§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. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any 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. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order' authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at BID REQUEST #82300049 Page 5 overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self - insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional. its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability. suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. BID REQUEST #B2300049 Page 6 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 shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 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. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. 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 BID REQUEST #B2300049 Page 7 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 #B2300049 Page 8 SCOPE OF WORK Roof Safety Anchors and Access Hatch Guardrails & Gates PROJECT OVERVIEW: Weld County is upgrading multiple buildings to have roof safety anchors and access hatch guardrails/gates. The anchoring systems are to help keep County employees safe while working on rooftop units and roof maintenance. METHOD OF PROCUREMENT: Request for Bid (RFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an RFB the contract. PROJECT SCOPE: The scope of this project is for the complete design, procurement, and installation of permanent roof anchor systems, guardrails, and gates for Weld County buildings specified in Attachment A. This will include all scopes outlined in the provided documents, as well as all other associated scopes needed to install anchor systems, guardrails, and gates. Project documents and specifications have been provided per the following attachment to this bid. • Attachment A: Anchor & Guardrail/Gate Locations for Each Building • Attachment B: Anchor & Guardrail/Gate Quantities and Roofing Manufacturers 1. Contractor will be responsible for procuring and executing all scopes of work as outlined and specified in the projects contract documents that have been provided during this bid request per the attachment outlined above. This will include but not limited to all associated labor, materials, and equipment. It is the contractor's responsibility at the time of bid submission to ensure that all project specifications and requirements have been included per the project documents provided. 2. This scope of work will need to be coordinated with the Weld County Facilities Project Manager to obtain access and confirming hours of operation for each of the locations specified in Attachment A. 3. If there are any conditions that differ from the provided documents, it is the contractor's responsibility to immediately notify the County project manager. The Contractor will be responsible for checking roof manufacture to ensure proper repair and installation. Attachment B is a guideline for roofing manufactures the County has on file for each facility. PROJECT SPECIFIC TERMS AND CONDITIONS: 1. The contractor will be responsible for repairing all roofing systems at all anchoring, guardrail and gate systems being installed. The awarded contractor is responsible for maintaining the County's current roof warranties by using certified and approved contractors to repair or replace roofing systems. 2. It is the contractor's responsibility to ensure all new roof attachments have positive drainage away from the repaired locations. 3. Stored materials and products requiring temperature controlling will be the responsibility of the contractor. BID REQUEST #62300049 Page 9 4. Roof anchors post system needs to be applicable to each roof type and meets the following standards OSHA, ANSI A10.32 and Z359.1-2007. Contractor is also responsible for ordering the correct height of each type of roof anchor which is dependent on thickness of roof system. 5. Roof anchors to have swiveling anchoring ring. 6. The contractor is responsible for inspecting all permanent anchor systems prior to installation. Any defective anchors are not to be installed. 7. Locations provided in the attachments represent general locations. The contractor will be responsible for checking structural integrity of each location and the County is to provide general locations at each facility prior to installation. 8. The Contractor is responsible for installing all roof anchor systems per manufacturers recommendations for each type of roof system. PROJECT CLOSE OUT: 1. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 2. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 3. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 4. Provide all documentation pertaining to roof warranty and the associated repairs. WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 2. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. 3. Contractor is responsible for the coordination and scheduling of all inspections that are required for all scopes per the conditions of the Weld County Building Permit. Please note that the Weld County Building Department does not complete inspections during off hours. The contractor will be responsible for having a qualified representative on site for any inspection. 4. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 5. All lifting and hoisting equipment shall be provided by the contractor as required. 6. The projected contract date is expected to be March 6, 2023. Based on this date, provide expected start and finish dates for each phase of this project. 7. Work will comply with all applicable Federal, State, and local laws, ordinances, and regulatory requirements. 8. No bid bond is required for this project. 9. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 10. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. 11. Contractor to include Professional Liability Insurance (PSI). 12. Weld County is a tax-exempt entity. 13. Davis -Bacon and Buy American requirements are NOT required. 14. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. BID REQUEST #B2300049 Page 10 SCHEDULE: 1. Contractor is responsible for providing and maintaining a three week look ahead schedule throughout the life of this project. Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish PROPOSED DATES: January 5, 2023 January 5, 2023 January 19, 2023 January 26, 2023 February 2, 2023 February 20, 2023 March 6, 2023 Immediately following Contract June 1, 2023 Please provide proposed schedule dates with the expectation of contract execution being March 6, 2023. START DATE COMPLETION DATE BID REQUEST #B2300049 Page 11 TOTAL LUMP SUM COST: FACILITY LUMP SUM COST Public Health / Planning $ Southeast Service Center $ Radio Tower / 8th Ave Storage $ Planning / Oil and Gas 5 Clerk and Recorder $ Assessor / Treasurer $ Justice Services $ Public Works $ Jail $ Dispatch / SO Records $ 4 H Building $ Law Admin $ Community Corrections $ Island Grove Extension $ Chase $ Human Services B $ Human Services A $ $ Human Services C Centennial Center - All $ 918 Probation $ Motor Pool $ Southwest Service Center $ 1401 N. 17th Avenue $ CHAN/Marlborough - Probation $ TOTAL LUMP SUM COST $ BID REQUEST #B2300049 Page 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on February 2, 2023: 1) Pages 9 thru 14 of the Bid Specifications/Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications/Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2300049 Page 13 The undersigned. by his or her signature, hereby acknowledges and represents that: 1. The bid prcposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid No. #B2300049. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying Bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids. to waive any informality in the bids. and to accept the bid tia', 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 CITY, STATE, (Please print) DATE ZIP CODE TELEPHONE ND FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -- 8. ATTEST: Weld County Clerk to the Board BY. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB 1022 BID REQUEST #62300049 Page 14 ADDENDUM#1 BID REQUEST NO. B2300049 ROOF SAFETY ANCHORS & ACCESS HATCH GUARDRAILS & GATES 1. Currently: In the bid documents the following dates are listed but are changing due to upcoming weather conditions. All other dates to remain unchanged unless otherwise noted in this addendum. Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish January 19, 2023 January 26, 2023 February 2, 2023 February 20, 2023 March 6, 2023 Immediately following Contract June 1, 2023 Change: The following dates are to be used in lieu of the above dates due to approaching weather conditions in the coming days. Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish January 26, 2023 February 2, 2023 February 9, 2023 February 27, 2023 March 13, 2023 Immediately following Contract June 1, 2023 2. Currently: The following statements are noted at the bottom of the scope of work and are to be changed due to upcoming weather conditions. A mandatory pre -bid conference will be held on January 19, 2023, at 1:00 PM, at the Weld County Facilities at 1105 H Street Greeley, CO. Bids will be received up to, but not later than February 2, 2023, at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). Change: Due to upcoming weather conditions the following statements to be revised accordingly. A mandatory pre -bid conference will be held on January 26, 2023, at 10:00 AM, at the Weld County Facilities at 1105 H Street Greeley, CO. Bids will be received up to, but not later than February 9, 2023, at 9:00 AM (WELD COUNTY PURCHASING TIME CLOCK). ***We need signed copy submitted with bid. Thank You!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL January 17, 2023 ADDENDUM#2 BID REQUEST NO. B2300049 ROOF SAFETY ANCHORS & ACCESS HATCH GUARDRAILS & GATES 1. Currently: Within the bid documents there isn't information related to roof decking material or which buildings the County possesses original structural drawings for. Change: The following table is to be included with the bid which represents deck types for each building and identifying if the County has original structural drawings for each building. Structural drawings to be provided to awarded bidder. Roof Safety Anchors and Access Hatch and Gates Guardrails Location Address Deck Type Original Drawings Structural Public Health / Planning 1555 N. 17th Avenue Steel Yes Southeast Service Center 2950 9th Street, Ft. Lupton Steel Yes Radio Storage Tower / 8th Ave 300 8th Ave Pre-Engin Bid. En in No Planning /Oil and Gas 1402 N. 17th Avenue Steel Yes Clerk and Recorder 1250 H St Pre-Engin Bld. No Assessor / Treasurer 1400 N. 17th Avenue Steel Yes Justice Services 901 10th Avenue Wood No Public Works 1111 H Street Steel Yes Jail 2110 O Street Steel Yes Dispatch / SO Records 1551 N. 17th Avenue Steel Yes 4 H Building 527 N 15th Avenue Wood No Law Admin 1950 O Street Steel Yes Community Corrections 1101 H Street Steel Yes Island Grove Extension 525 N 15th Avenue Concrete No Chase 822 7th Street Concrete Yes Human Services B 315 N. 11th Avenue Steel Yes Human Services A 316 N. 11th Avenue Steel Yes Human Services C 315 N. 11th Avenue Steel Yes Centennial Center - All 915 10th Street Concrete Yes 918 Probation 918 10th Street Steel No Motor Pool 1399 N. 17th Avenue Steel Yes Southwest Service Center 1 4209 WCR 24 1/2, Longmont Steel Yes 1401 N. 17th Avenue I IT - Information Technology Steel Yes CHAN/Marlborough Probation - - I 934 9th Avenue Wood No ***We need signed copy submitted with bid. Thank You!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL February 3, 2023 ROOF SAFETY ANCHORS & ACCESS HATCH GUARDRAILS & GATES Q & A B2300049 1. Question: Are there any specification or drawings for the anchors or hatch guardrails? Answer: No, these will need to be designed by the contractor. 2. Question: Is it known the roof substrate for the buildings (concrete, metal deck, etc.)? Answer: Refer to Addendum 2. 3. Question: Can the Owner verify roof hatch make and model at each location? Certain roof hatch guardrail systems are only compatible with the exact manufacturer of the roof hatch. Answer: This information is not available. The successful contractor will need to verify this information. 4. Question: Can the project complete date be extended to Oct 31st? Answer: Yes, the bidding firm is to provide a proposed finish date on the bid which is located under Proposed Dates: Completion Date • 5. Question: Can the owner verify all deck types at each location? Answer: Refer to Addendum 2. 6. Question: Can the owner verify Roof system thickness at all locations to determine the appropriate anchor height? Answer: This information is not available due to varying thicknesses throughout tapered systems. The successful contractor will need to verify this information. 7. Question: Do all roof systems have an active warranty? Answer: Yes 8. Question: Can the owner verify all active warranties for each building's roof system? Answer: Yes 9. Question: Will background checks and badging be required for this project? Answer: Yes, this will be applicable for any work being performed on the Weld County Jail. 10. Question: Do the roof anchor systems need to be certified? Answer: Yes 11. Question: Will the owner specify a roof anchor that should be installed? Answer: No, the contractor will need to provide an anchor applicable to each roofing system. 12. Question: Will all anchors need to have a swivel connector? Answer: We would prefer swivel connectors but will accept alternates. 13. Question: Can you confirm the final deliverable paperwork for buildings with anchors is a "Certificat-on Report" sealed by a "qualified person" as defined by OSHA and/or ANSI Z359. Answer: Yes 14. Question: Can you confirm that it is the responsibility of the contractor to have the existing structure evaluated by a Colorado professional engineer to resist the 5,000 -pound load required by OSHA and the Interns=ional Building Code. Answer: Yes 15. Question: Do you have structural drawings for each building that can be reviewed by the structural engineer for anchor placement and evaluation? If not, which buildings are drawings not available? Answer: Refer to Addendum 2. 16. Question: Will the projects be required to go through the Weld County permitting process. If so, how long is that process taking? Answer: Yes, this typically takes 1-2 weeks for review. 17. Question: The project specification notes that the roof anchors are to have a swiveling anchoring ring; is a more traditional 3/4"' thick U -bar acceptable as an alternative? Answer: The :;ounty would prefer swivel anchors but is open to alternate products. 18. Question: Is the roof structure readily available below the proposed roof anchor points? For example: drop ceiling or open to structure? If not, which buildings will require interior ceiling modifications? Answer: Mos: locations below the proposed roof anchor points are accessible by drop ceiling. It is to be noted that 3 anchor locations at the jail, 3 anchor locations at the extension office, and 4 anchor locations at Southwest Service Center are 20+ feet above finished floor. If proposed anchor locations fall within a location less than ideal areas due to room use or ceiling type, the County will be flexible about specific anchor locations. 19. Question: Can the work be performed during typical dayshift working hours? Answer: Yes, work can be performed during business hours. Coordination with Weld County Project Manager will be required before each installation. After hour work will be required for any scopes of work that will or has the potential of impeding normal business activities. 20. Question: Lump sum bid for entire project or for individual buildings? Answer: Lump sum for entire project with each building broken out for pricing. Exhibit B SCOPE OF WORK Roof Safety Anchors and Access Hatch Guardrails & Gates PROJECT OVERVIEW: Weld County is upgrading multiple buildings to have roof safety anchors and access hatch guardrails/gates. The anchoring systems are to help keep County employees safe while working on rooftop units and roof maintenance. METHOD OF PROCUREMENT: Request for Bid (RFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will he eliminated from consideration. Low price is the key consideration by Weld County in awarding an RFB the contract. PROJECT SCOPE: The scope of this project is for the complete design, procurement, and installation of permanent roof anchor systems, guardrails, and gates for Weld County buildings specified in Attachment A. This will include all scopes outlined in the provided documents, as well as all other associated scopes needed to install anchor systems, guardrails, and gates. Project documents and specifications have been provided per the following attachment to this bid. • Attachment A: Anchor & Guardrail/Gate Locations for Each Building • Attachment B: Anchor & Guardrail/Gate Quantities and Roofing Manufacturers 1. Contractor will be responsible for procuring and executing all scopes of work as outlined and specified in the projects contract documents that have been provided during this hid request per the attachment outlined above. This will include but not limited to all associated labor, materials, and equipment. It is the contractor's responsibility at the time of bid submission to ensure that all project specifications and requirements have been included per the project documents provided. 2. This scopc of work will need to be coordinated with the Weld County Facilities Project Manager to obtain access and confirming hours of operation for each of the locations specified in Attachment A. 3. If'there are any conditions that differ from the provided documents, it is the contractor's responsibility to immediately notify the County project manager. The Contractor will be responsible for checking roof manufacture to ensure proper repair and installation. Attachment B is a guideline for roofing manufactures the County has on file for each facility. PROJECT SPECIFIC TERMS AND CONDITIONS: 1. The contractor will be responsible for repairing all rooting systems at all anchoring, guardrail and gate systems being installed. The awarded contractor is responsible for maintaining the County's current roof warranties by using certified and approved contractors to repair or replace roofing systems. 2. It is the contractor's responsibility to ensure all new roof attachments have positive drainage away from the repaired locations. 3. Stored materials and products requiring temperature controlling will be the responsibility of the contractor. BID REQUEST#B 00049 Page 9 1 4. Roof anchors post system needs to be applicable to each roof type and meets the following standards OSHA, ANSI A10.32 and Z359.1-2007. Contractor is also responsible for ordering the correct height of each type of roof anchor which is dependent on thickness of roof system. 5. Roof anchors to have swiveling anchoring ring. 6. The contractor is responsible for inspecting all permanent anchor systems prior to installation. Any defective anchors are not to be installed, 7. Locations provided in the attachments represent general locations. The contractor will be responsible for checking structural integrity of each location and the County is to provide general locations at each facility prior to installation. 8. The Contractor is responsible for installing all roof anchor systems per manufacturers recommendations for each type of roof system. PROJECT CLOSE OUT: 1. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 2. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 3. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 4. Provide all documentation pertaining to roof warranty and the associated repairs. WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 2. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. 3. Contractor is responsible for the coordination and scheduling of all inspections that are required for all scopes per the conditions of the Weld County Building Permit. Please note that the Weld County Building Department does not complete inspections during off hours. The contractor will he responsible for having a qualified representative on site for any inspection. 4. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 5. All lifting and hoisting equipment shall be provided by the contractor as required. 6. The projected contract date is expected to be March 6, 2023. Based on this date, provide expected start and finish dates for each phase of this project. 7. Work will comply with all applicable Federal, State, and local laws, ordinances, and regulatory requirements. 8. No bid bond is required for this project. 9. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 10. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. 11. Contractor to include Professional Liability Insurance (PSI). 12. Weld County is a tax-exempt entity. 13. Davis -Bacon and Buy American requirements are NOT required. 14. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. BID REQUEST #B2300049 Page 10 SCHEDULE: 1. Contractor is responsible for providing and maintaining a three week look ahead schedule throughout the life of this project, Below is the antticipated schedule for this project: Date of this Bid Advertisertient Date Pre -bid conference Bid Questibns Due Bids Are Due Bid Award Notice Contract E$ecution Construction Start Construction Finish PROPOSED DATES: January 5, 2023 January 5, 2023 January 19, 2023 January 26, 2023 February 2, 2023 February 20, 2023 March 6, 2023 Immediately following Contract June 1, 2023 Please provide proposed schedule dates with the expectation of contract execution being March 6, 2023. START DATE April 24*, 2023 COMPLETION DATE MAI 5 th t 2Q23 Above stay ofat is c(n1cif*c4 5tQwt daft f0v instoth ohk BID REQUEST #B2D00049 Page 11 TOTAL LUMP SUM COST: FACILITY I LUMP SUM COST Public Health / Planning $ (p., 3}5 . 0.0 Southeast Service Center $ I � 1() 25 00 Radio Tower / 8th Ave Storage sit to 2 5 . 00 Planning / Oil and Gas $ 4 I 50 , Q_0 t Clerk and Recorder $' U15 1 00 r Assessor / Treasurer $ 4 1 56 , Q 0 Justice services $435040 Public Works $g,15_0 , 00 Jail $2O,5OLJD Dispatch / SO Records -0-0 Sp, 315 4 H Building $ 3 25O (ID r Law Admin $ 4 4 1 50 . 00 Community Corrections $ f 0 i5. On � Island Grove Extension $ u 5 00 , 00 Chase $ 9,000,00 Human Services B $ 435o_oa . Human Services A $ 4 � 450 • 60 Human Services C $ U YL5LLOD Centennial Center - All $ 19 ` OOO 00 918 Probation $ ( � (ft 25 . 00 _, Motor Pool $ sic g Q Q0 1 00 Southwest Service Center $ ki 600 , CO + 1401 N. 17th Avenue $ 4 110,int CHANfMarlborough - Probation $ 3 12s. 00 i_TYaIuI� Pr Mira. $.�'�i�piY�q eoai.k Ena�initri not I t1LLM0 TOTAL LUMP SUM COST , � J 2�Q, �4 amins Page 12 BID REQUEST #8300049 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00!AM on February 2, 2023: 1) Pages 9 thru 14 of the Bid Specifications/Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications/Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2300049 Page 13 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid No. #02300049. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying Bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the 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 Skyline [-Ail Protection + mt. BY &'lovlison En511/9 (Please print) BUSINESS ADDRESS 52% Lc1Kc, MSC YI10�Dr. DATE 02-OTt- 2023 CITY, A(ltnc4ui it Midit4an 11401 STATE, ZIP CODE TELEPHONE NO Loto %15a4141 FAX (oRo-32t' (v4LoS TAX ID# 2(r0S(od?13 SIGNATURE � E-MAIL mMctlsonesKJine. CO/'Y1 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. ATTEST: Weld County Clerk to the Board BY: YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB1022 BID REQUEST #82300049 Page 14 ADDENDUM#1 BID REQUEST NO. B2300049 ROOF SAFETY ANCHORS & ACCESS HATCH GUARDRAILS & GATES 1. Currently: In the bid documents the following dates are listed but are changing due to upcoming weather conditions. All other dates to remain unchanged unless otherwise noted in this addendum, Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish January 19, 2023 January 26, 2023 February 2, 2023 February 20, 2023 March 6, 2023 Immediately following Contract June 1, 2023 Change: The following dates are to be used in lieu of the above dates due to approaching weather conditions in the coming days. Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish January 26, 2023 February 2, 2023 February 9, 2023 February 27, 2023 March 13, 2023 Immediately following Contract June 1, 2023 2. Currently: The following statements are noted at the bottom of the scope of work and are to be changed due to upcoming weather conditions. A mandatory pre -bid conference will be held on January 19,2023, at 1:00 PM, at the Weld County Facilities at 1105 H Street Greeley, CO. Bids will be received up to, but not later than February 2, 2023, at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). Change: Due to upcoming weather conditions the following statements to be revised accordingly. A mandatory pre -bid conference will be held on January 26, 2023, at 10:00 AM, at the Weld County Facilities at 1105 H Street Greeley, CO. Bids will be received up to, but not later than February 9. 2023. at 9:00 AM (WELD COUNTY PURCHASING TIME CLOCK). ***We need signed cupy submitted with bid. Thank You!*** Addendum received by: ky l n e lot I t Protection ,Inc. FI M i52% Luc Michiyin Dr. ADDRESS Aiiend, M►ch� �n 4` CITY AND STATE Th J Mdison mo►dison( sgltinefp, corn EMAIL January 17, 2023 ADDENDUM#2 BID REQUEST NO. B2300049 ROOF SAFETY ANCHORS & ACCESS HATCH GUARDRAILS & GATES 1. Currently: Within the bid documents there isn't information related to roof decking material or which buildings the County possesses original structural drawings for, Change: The following table is to be included with the bid which represents deck types for each building and identifying if the County has original structural drawings for each building. Structural drawings to be provided to awarded bidder. Roof Safety Anchors and Access Hatch Guardrails and Gates Location Address Deck Type Original Structural Drawings Public Health / Planning 1555 N. 17th Avenue Steel Yes Southeast Service Center 2950 9th Street, Ft. Lupton Steel Yes No Radio Tower / 8th Ave Storage 300 8th Ave Pre-Engin Bld. Planning / Oil and Gas 1402 N. 17th Avenue Steel Yes Clerk and Recorder 1250 H St Pre-Engin BId, No Assessor / Treasurer Justice Services 1400 N. 17th Avenue 901 10th Avenue Steel Wood Yes No Public Works 1111 H Street Steel Yes Jail 2110 0 Street Steel Yes Dispatch / 5O Records 1551 N. 17th Avenue Steel Yes 4 H Building 527 N 15th Avenue Wood No Law Admin 1950 0 Street Steel Yes Community Corrections 1101 H Street Steel Concrete Yes Island Grove Extension 525 N 15th Avenue No Chase 822 7th Street Concrete Yes Human Services B 315 N. 11th Avenue Steel Yes Human Services A 316 N. 11th Avenue Steel Yes Human Services C 315 N. 11th Avenue Steel Yes Centennial Center - All 915 10th Street Concrete Yes 918 Probation 918 10th Street Steel No Motor Pool 1399 N. 17th Avenue Steel Yes Southwest Service Center 4209 WCR 241/2, Longmont Steel Steel —4mWV�yYes Yes 1401 N. 17th AvenueF_._ IT- Information Technology CHAN/Marlborough - Probation 934 9th Avenue Wood No ***We need signed copy submitted with bid. Thank You!*** Addendum received by: February 3, 2023 Sit'n Foto PYottcf'iOn. Inc. FIRM 52 Michiu r I1 ADDRESS Al enc4o►je Michia�oln 4°!401 ITY AND STAVE Modison Epsir fr BY madisor ®SksIinc, fp. corn EMAIL Roof Anchor Project Location Address It of Anchors Roof Manu. Cage at Acc. Public Health / Planning 1555 N. 17th Avenue 2 Johns Manville 1 Southeast Service Center 2950 9th Street, Ft. Lupton 1 Metal 0 Radio Tower / 8th Ave Storage 300 8th Ave 1 Metal 0 Planning/ Oil and Gas 1402 N. 17th Avenue 1 Versico 1 Clerk and Recorder 1250 H St 1 Metal 0 Assessor / Treasurer 1400 N. 17th Avenue 1 Versico 1 Justice Services 901 10th Avenue 1 Carlisle 1 Public Works 1111 H Street 2 Mule-Hide/Metal 0 Jail 2110 O Street 5 Carlisle 4 Dispatch / SO Records 1551 N. 17th Avenue 2 Carlisle 1 4 H Building 527 N 15th Avenue 2 Built Up 0 Law Admin 1950 O Street 1 Firestone 1 Community Corrections 1101 H Street 1 Johns Manville 0 Island Grove Extension 525 N 15th Avenue 4 Firestone 0 Chase 822 7th Street 3 Carlisle 1 Human Services B 315 N. 11th Avenue 1 Firestone 1 Human ServicesA 316 N. 11th Avenue 1 Versigard - Ballas 1 Human Services C 315 N. 11th Avenue 2 Carlisle 1 Centennial Center - All 915 10th Street 8 Carlisle 2 918 Probation 918 10th Street 1 Versico 0 Motor Pool 1399 N. 17th Avenue 3 Carlisle 1 Southwest Service Center 4209 WCR 24 1/2, Longmont 4 Mule Hide 0 1401 N. 17th Avenue IT- Information Technology 1 Genflex 1 CHAN/Marlborough - Probation .934 9th Avenue 0 Fibertite 1 Totals 49 19 Form W-9 (Rev. October 2D19) Deparlmtxrtctthetroasury intemaf RetranueSanrice Request for Taxpayer identification Number and Certification ► Do to www.irs.gov/FormiNB for Instructions and the latest information. Give Farm to the requester. Do not send to the IRS. N b o u❑ o 3 et t at u y, Si • Enter your t Name Ps shows on your income tax rattan). Name is required on this toe; do not leave this #ne blank. Sl& lrnt fail Pylytec�fiort, Inc. 2 eu(e fftan ended eebtx name, if different from above 3 Check appropriate box for federal tax ctassltcation of the persm whose name is entered on line 1. Check following seven boxes, -, ElIndividual/sole proprietor or ❑ C Gorporebon L� 5 Gorporation ❑ Partnership single -member LLC Limited liability company. Enter the tax classification (C=C corporation. Se5 corporation. P.Partnershipi Na. Check the appropriate box in the line above for the tax class c.. of the single -member owner. LLC if the LLC is classified as a single -member LLG that is disregarded from the owner unless the owner another LLC that is not disregarded from the owner for U.S. federal tax purposes, Otherwise, a single is disregarded from the owner should check the appropriate box for the tax classification of Its owner. ® Other (see instru€tions) ► only one of the ❑ Trust/estate e. 4 Exemptions certain entities, nstructions E%ernpt payee Exemption (l code fany N,Ur"r m, (codes apply only to not individuals: see on page 3): code ill any} from FATCA reporting ) Do not check of the LLG is -member LLC that u,,,� m.a•,r ,,,_� »M r.M us S yes (number, soeet« and apt. O suite no. bee+rtstntotians. 52$ LaKe M ichi3ntr► Dr. 1'iequevier'g name and address (optional) 9 City, state, and 71P code U Allende{e, M 1 4910) 7 List account number(aa; hare (optto ag Taxpayer Identification Number in TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid F Seolat eecurtty Humber backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, seethe Instructions for Part I, later. For other entitles, It is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: It the account Is in more than one Warne, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. u or 2. 6 8 ID l 9 3 • Certification Under penalties of perjury, 'certify that: 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting fora number to be Issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 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 tuckup withholding; and 3.1 am a U.S. citizen or ether 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, contrttwtions to an individual retirement arrangement (IRA), and generalayrrieres other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part, Sign Signature of Here u.s.parsen► General Instructions V ti(IV1/l 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.goutFormWe. Purpose of Form An individual or entity (Form WA requester) who is required to tile 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 lntarmallon return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not united tothe, following, • Form 1099-INT (interest earned or paid) Oats► Olio/ jela • Form 1099-DN (dividends, Including those from stocks or mutual hinds) • Form 1099-MISG (various types of Income, prizes, awards, or gross proceeds) • Form 1099-O (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) • Farm 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T (tuition) • Farm 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only it you area U.S. person (Including a resident alien), to provide your correct TIN. It you do not return Form W-9 fo the requester with a TIN, you might be subject to backup withholding. See Mal Is backup withholding, later. Cat. No.1023111 Form W4 (Rev,10-2018) SKYLFAL-01 TBANNING CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/6/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ottawa Kent PO Box 349 PHONE (A/c, No, Ed): (616) 797-3400 Ijac, No):(616) 797-3488 Jenison, MI 49429-0349 itabs:jenison@ottawakent.com INSURERS) AFFORDING COVERAGE NAIL # INSURER A : The Cincinnati Specialty Underwriters Insurance Company INSURED INSURER B: The Cincinnati Insurance Company 10677 Skyline Fall Protection Inc INSURER C: Burlington Insurance Company 23620 8528 Lake Michigan Drive INSURER D: Safety National Casualty Co. / ABC Fund 15105 Allendale, MI 49401 INSURER E : Underwriters at Lloyds 15792 INSURER F: Great American Insurance Comp. 16691 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS ASTBELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEDC 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 POid ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TV TYPE OF INSURANCE ADD- SUER INSD ti POLICY NUMBER POLICY EFF IMM/OD/YYYYI POLICY EXP IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X CSU0132777 5/1/2022 5/1/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE - RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ PERSONAL 8, ADV INJURY $ 1,000,000 GEM[ AGGREGATE LIMIT APPLIES PER: POLICY X JEC/ LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOOS ONLY X AUTOS ONLY SCHEDULED AUTOpSWN AUOTOS ONLY EBA 0573431 5/1/2022 5/1/2023 COMBINEccidD SINGLE LIMIT (Ea aent) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PeOPEcitl ntj AMAGE $ C UMBRELLA LIAR X EXCESS LIAR X OCCUR CLAIMS -MADE X 387BE02026-02 5/1/2022 5/1/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I I RETENTIONS $ D WORKERS COMPENSATION AND EMPLOYERS' LIABWTY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN tifinER/MEMBER EXCLUDED? El (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below X N / A SKYLI1C 5/1/2022 4/30/2023 X I STATUTE I I PRH E.L. EACH ACCIDENT 1,000,000 5 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ E F Professional Liabili Excess Umbrella HPL22-0055 XS2253181-05 5/1/2022 5/1/2022 5/1/2023 5/1/2023 Occ/Agg Limit Occurrence/Aggregate 2,000,000 6,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 7O7, Additional Remarks Schedule, may be attached if more space is required) Weld County, Colorado, its elected officials and is employees are additional insureds as respects general liability with waiver of subrogation in favor of additional insured applying to workers compensation when required by written contract. (CSGA437) CERTIFICATE HOLDER CANCELLATION Weld County, Colorado 1105 H 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form ew Contract Request Entity Information Entity Name* Entity ID* SKYLINE FALL PROTECTION INC 6'00046741 ❑ New Entity? Contract Name* Contract ID ROOF SAFETY ANCHORS AND ACCESS HATCH GUARDRAILS 6730 & GATES Contract Status CTB REVIEW Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Contract Description* NECESSARY ANCHORS AND GUARDRAILS FOR OSHA REQUIREMENTS Contract Description 2 Contract Type* CONTRACT Amount* 5270,753.80 Renewable* NO Automatic Renewal Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds6weldgov.c OM Department Head Email CM-BuildingGrounds- DeptHead weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM - C OU NTYATTO RN EY6WELDG OV.COM Requested BOCC Agenda Date* 031152023 Parent Contract ID Requires Board Approval YES Department Project Due Date 03/1112023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/REP #* B2300049 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 [motes Effective Date Review Date* Renewal Date 08/01,2023 Termination Notice Period Committed Delivery Date Expiration Date. 08?01,2023 Contact Information Contact, Info Contact Name Contact Type Purchasing Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 03 14;`2023 Approval Process Department Head TOBY TAYLOR DH Approved Date 03-13/2023 Final Approva BOCC Approved BOCC Signed Date BOCC Agenda Date 03,$20'2023 Originator SGEESAMAN Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 03 14;`202 3 03 '14,2023 Tyler Ref # AG 032023 February 23, 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: Roof Safety Anchors and Access Hatch Guardrails and Gates 82300049 As advertised this bid is for Roof Safety Anchors and Access Hatch Guardrails and Gates throughout the Weld County Facilities. Roof safety anchors and access hatch guardrails are necessary for complying with the Occupational Safety and Health Administration (OSHA) standards. The low bid is from Skyline Fall Protection, Inc. and meets specifications. Therefore, the Facilities Department is recommending the award to Skyline Fall Protection, Inc. in the amount of $270,753.80. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 62/ 21 2v3-0431 B61ooz� DATE OF BID: FEBRUARY 9, 2023 REQUEST FOR: ROOF SAFETY ANCHORS & ACCESS HATCH GUARDRAILS & GATES DEPARTMENT: FACILITIES BID NO: B2300049 PRESENT DATE: FEBRUARY 13, 2023 APPROVAL DATE: FEBRUARY 27, 2023 VENDOR SKYLINE FALL PROTECTION, INC. 8528 LAKE MICHIGAN DRIVE ALLENDALE, MI 49401 AGS CONSTRUCTION, LLC 2690 W. UNION AVENUE ENGLEWOOD, CO 80110 UNITED MATERIALS 5135 YORK STREET DENVER, CO 80216 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 reverettAweldgov.com cgeiserta.weldgov.com cmpeters(Siweldaov. co m Phone: (970) 400-4222, 4223 or 4216 Fax: (970) 400-4024 START FINISH DATE DATE TOTAL 4/24/23* 5/5/2023 $270,753.80 3/13/2023 LATE BID *ABOVE START DATE IS ANTICIPATED START DATE FOR INSTALLATION. THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 7/21/2023 $576,886.00 2023-0431 CZi3 6025 Hello