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Home My WebLink About20211753.tiffCn'acf- IA15131 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 May 31, 2022 To: Board of County Commissioners From: Toby Taylor Subject: Public Works Storage Building; B2100105 During the construction permitting process it was determined the building requires a fire suppression system to meet building code. The cost to provide this system is $183,982.00. Therefore, the Facilities Department is recommending approval of the change order in the amount of $183,982.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director CHID / Z 0 G�ao/ate 2021-fl53 BC 023 CHANGE ORDER #3 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND LANDMARK BUILDERS, INC. Date: May 31, 2022 Original Agreement: Weld County document no. 2021-1753 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 1,456,546.00 Original Contract Amount $ (7,637.00) Previously Approved Change order(s) Amount $ 183,982.00 Current Change Order Amount $ 1,632,891.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. ATTEST: Welc BY: Date BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO olto21 i73 3 Exhibit A -Change Order # 3 e ■ Estimator: D. Grigsby Proposal Date: 4/22/2022 Work Start Date: ASAP Change Est. No.: 3 PROPOSAL SUBMITTED TO: PROJECT LOCATION: Client: Weld County Public Works Weld County Public Works Contact: Sterling Geesaman 1105 H Street Via Email: Speesaman weldgov.com Greeley, CO 80634 Per ASI Rev. #2 dated 10.01.2021 Installation of fire line, fire protection system, fire 1 alarm system, and T -patch back of asphalt including the deductive cost for $183,982 elimination of 3 -hr Fire Barrier. NOTES: Pricing is based on providing all labor, materials and equipment necessary to perform the work item described above. EXCLUSIONS: Anything not specifically described as included herein above. No restrictions on work hours nor work days is included. ACCEPTANCE OF PROPOSAL: The above prices, specifications, and conditions are satisfactory and are hereby accepted, AUTHORIZED SIGNATURES: David ' A It w Builders, rnc Vj ( Weld County Public Works Date igsby - General Manager Printed Name This proposal may be withdrawn if not accepted within 30 days. sec IPROD Weld Coun#y Public forks 1105 H Street ITEM CE#3 - Fire Pro ction S s. L LANDPA IK MH QUANTITY 15,840 SF UNIT MATERIAL - Pricing UNIT EQUIP. I SUB, - UNIT LABOR 412212022 TOTAL 6.0000 GC's Office Admin Support & Product Sourcing 24 Subk Subk Subk 4 vvks 1,900 sf 5 ea 45 if 39.00 156 - - - 78.00 (789) 765.00 22.93 312 (15,000.00) 3,825 1,032 39000 1,560 - - - 2,028 (15,000.00) 3 825 1,032 Interior Framing - 3 -hr Gypsum Pardon Fire Barrier Interior Conc filled pipe bollards at fire riser assembly Interior Plumbing Relocate Hose Bib Interior WetPPipe Sprinkler Sys -turnkey D -B Subk 15,840 sf - 3.11 49,228 - 49,228 Interior Fire Alarm system - Type II -B A-3 occupancy Subk 15,840 sf - 0.52 8,314 - 8,314 Exterior Asphalt Patch Sack Subk 2,790 sf - 6.71 18,720 - 18,720 Exterior Fire Line - 6" C600 Subk 501 If - 112.20 56,212 - 56,212 Exterior Fire Line - flow fill Subk 501 N - 60.43 30,275 - 30,275 Interior HVAC _deduct for elimination of controller Subk 1 LS - (5,000.00) - (5,000.00) 10.0000 Clean up, misclabor, and remove debris 20 2 wrk 45.00 90 90.00 180 450.00 900 1,170 Subtotal 246 148,098 ..._ 2,460 150,804 0.00% Sales Tax- Exempt �� mm 0 _ 0 Subtotal 246 148,098 2,460 150,804 Gen. Conditions/Project Supervision Exp. 2 Wks 300.00 600 600.00 1,200 2,100 4,200 6,000 Adj. Crew/Supervision Exp. - Per Diem, etc. _ 0 Subtotal 846 149,298 6,660 156,804 13.50% Overhead & Profit 114 20,155 899 21,168 Subtotal 960 169,453 7,559 177,972 1.35% Insurance Expense - General Liability - 2,403 - 2,403 2.00% Bond Premium 3,607 3,607 Total $ 960 $ 175,463 $ 7,559 $ 183,982 PAGE 111 Weld County Public Works CE#3 - Fire Protection Sys. EXTENDED BY CHECKED BY D. Grigsby LBI LANDMARK BUILDERS INC. Project: Weld County Public Works Storage 1111 H Street, Greeley, CO 80631 Change Estimate #3 — Fire Protection Q&A 03/21/2022 1. GC's Office Admin Support & Product Sourcing- We will need documentation provided detailing this. a. Items included with GC's Office Admin Support & Product Sourcing — 24 hours total i. Contract modification for MEP, Dirt work, and Asphalt subcontractors —12 hours ii. New contract generation for Fire Protection and Fire Alarm —6 hours iii. Product sourcing for prior listed Sub's —4 hours iv-. Permitting for MEP & Floodplain development with City of Greeley -4 hours v. QC process (subcontracts, estimate, and all other deliverables) —4 hours 2. Clean up, misc. labor, and remove debris- We will need documentation provided detailing this. a. Items included with Clean up, misc. labor, and remove debris — lowered to 20 hours i. Street cleaning for fire line work 501 LF —16 hours ii. Miscellaneous labor to facilitate this work (LBI) —16 hours 1. Matches our Gen. Conditions and is included in project supervision. 3. Gen. Conditions/Project Supervision Exp.- Landmark is already on site so no need for this general condition. a. Items included with Gen. Conditions/Project Supervision Exp. — Lowered to 20 hours i. Fire line work projected to add 2 weeks to schedule due to sequencing 15.00% Overhead & Profit- Majority of contractors overhead & profit is 7%-10% a. The overhead and profit markup rate has been reduced to 13.5%. i. Industry standard according to the RS means 2020 is 15% ii. Other municipal projects complete in Larimer County were charged at 15% O/P DJE — Electrician o The original set of drawings (from which we bid) did not indicate a controller on E-22. o The next revision dated 10/7/21 does not indicate a controller on E-22. o The revised drawing for E-22 dated 2/4/22 indicates a controller on the East wall with circuit A-16 providing power. o The panel schedule indicates A-16 feeds a receptacle. o I did not issue a deduct as there was not an initial quote given for controllers nor did I request any increase for the controller indicated on the 2/4/22 revision. 10. iu r rIJE .G9O I G .:rehouse t Tilt -up Concrete Panels Rigid Steel 169.85 158.10 152.75 147.15 144,05 142.00 140.55 138.45 135.35 Face Brick and Concrete Block Bearing Walls 195.60 178.20 170.45 161.50 156.70 153.65 151.40 148.15 143.05 Concrete Rigid Steel 169.40 157.70 152.30 146.70 143.55 141.55 14010 137 95 134.85 i Block Bearing Walls 164,90 153.10 147.75 142.15 139.05 137.00 135.55 133.40 130.30 Metal Panel Rigid Steel 170.60 158.65 153.20 147.45 144.25 142.15 140.70 138.50 135.30 Metal Sandwich Panel Rigid Steel 177.30 164.05 158.05 151.60 148,05 145„80 144.10 141.65 138,05 Perimeter Adj,, Add or Deduct Per 100 L.F. 10.00 6.70 5.00 3.95 3.35 2.90 2.50 2.00 1.65 Story Hgt. Adj., Add or Deduct Per 1 Ft. 1.15 0.95 0.85 0.70 0.65 0.65 0.60 0.50 0.50 For Basement, add $3705 per square foot of basement area The above costs were calculated using the basic specifications shown an the facing page. These costs should be adjusted where necessary for design alternatives and owner's requirements. r Description Unit $ Cost Dock Leveler, 10 ton cop., 6' x 8' Ea. 6525 7' x 8' Ea. 9175 Fence, Chain link, 6' high, 9 go. wire L.F. 30 6 ga. wire LF. 34 Gate Ea. 415 Paving, Bituminous, wearing course plus base course S.Y. 7.50 Sidewalks, Concrete 4" thick S.F. 5.45 Sound System, amplifier, 250 watts Ea. 2275 ceiling or wall Ea. 265 Yard tlghtInq 20' aluminum pole, 400W, HP sodium fixture Ea. 3825 Description Unit $ Cost Commissioning Fees, sustainable industrial construction S.F. 0.20-1.06 Energy Modelling Fees, commercial buildings to 10,000 SF Ea. 11,000 Greater than 10,000 SF add S.F. 0.04 Project 1200 f? p cot a 243 k j'u1 , roof Ea. 272,300 Gtteeo Rook, 5 w & S.F. 12.87 W f wood r 1sr0 - € ah S.F. 14.65 t 'G8yThy Sytewnmt piejsockoed omens. 3060:ga1. Ea. 56,825 4590 gal. Ea. 70,650 Rain r- Harvest Sys, prepckged comm,10,000 gal, sys contrller Ea. 43,700 20,000 gal. w/system controller Ea. 71,200 3O,000c4, ,wf Ea. 105,150 SolarDisne6kHW, ckrsed bap,odSan sys, ext heat exchanger Ea. 11,700 Drainback, hot water system, 120 gal tank Ea. 14,725 Draindawn, hot water system, 120 gal tank Ea. 14,900 282 Important: See the Reference Section for Location Ag 1010 Standard Foundations Poured concrete; strip and spread feelings S.F. Ground 1.65 1.65 102`.0 Special Foundollons N/A �„ T 1030 Slab on Grade 5" reinforced concrete with recycled vapor barrier and granular base S,E Slob 15 15 19,21 2010 Basement Excavation Site. preparation for slab and trench for foundation wall and footing S.F. Ground ,19 .19 2020 easement Walls 4' flan wall L.F. Wall 103 810 Superstructure 1010E Floor Construction Mezzanine: open web steel joists, slab Form, concrete beams, columns 10% of area SF. Floor f 2.45 2.45 10.5% 1020 RooF Construction Metal deck, open web steel joists, beams, columns j S.F. Roof 8.48 j 8.48 820 Exterior Enclosure 2010 1 Exterior Walls Concrete block 95% of wall S.F. Wall 1 19,15 10.19 2020 Exterior Windows N/A — — — 11,2% 2030 Exterior Doors Steel overhead, hollow metal 5% of wall Each 3960 j 1.46 830 'R'oofing 3010 Roof Coverings Single•ply TPO membrane, 60 mils, heat welded w/R-20 insul. S.F. RooF 6.91 6.91 7 1 % 3020 Roof Openings RooF hatches and skylight &F. Roof 42 .42 1010 Partitions Concrete block w/foamed-in insul. (office and washrooms) 100 SF Fir./LF Part. S.F. Partition 12.38 .99 1020 Interior Doors Single leaf hollow metal, low VOC paint 5000 S.F. Floor/Door Each 1300 .26 ,j,,1030 Fittings N/A ..-. 2010 Stair Construction Steel gate with rails Flight 14,625 .98 7.3q 3010 Wall Finishes Paint, low VOC S.F. Surface 15,44 2.47 3020 Floor Finishes 90% hardener, 10% vinyl composition file, recycled content S.F. Floor 2.15 2,15 3030 Ceiling Finishes Suspended mineral tile on zee channels in office area l0% of area S.F. Ceiling .78 .77 0[0 cov issg 1010 waters & liftsN/A iii _ 0.0% 1020 Esccaloors &vi r MofVal ss N/A 020 Plumbir ij • 2010 Plumbing Fixtures Toilet, low flow, auto sensor & service fixt., supply & drainage I Fixt./2500 SF Fir, I Each 5000 1 2 2020 Domestic We Distribution Tankless, an -demand water heater, gas/propane S.F. Floor .48 j .48 j 3.8% 2040 Rain Water Drainage j Roof drains S.F. Roof 1.50 1.50 4 030 HVAC 3010 Energy. Supply N/A I I-1 — 3020 Heat Generating Syslums Ventilation with heat Ec it 15'3,201 5.52 3030 Cooling Generating Systems N/A — — 6,1 % 3050 Terminal & Package Units Single zone rooftop air conditioner, SEER 14 S.F. Floor .81 .81 3090 Other HVAC Sys. & E tipmarct N/A I _ 040 Fire Proteehan 4010 I Sprinklers S, , ordinary hazard 4020 Slandplpes Sltittrdpipe' Electrical 5010 Electrical Service/Distribution 200 ampere service, panel board and feeders 5020 lighting & Branch Wiring LED lhrtures, dayli. dim., Itg. on/off, receptacles, switches, and A.C. power 5030 Communications & Security Addrres able alarm systems 5090 Other Electrical Systems Energy monitoring systems .,. 1010 Commercial Equipment 1030 Vehicular Equipment 1090 Other Equipment 2020 Moveable Furnishings N/A Dock boards, dock levelers Waste handling recycling tilt truck No smoking signage S.F. Floor ! 4.58 S.F. Floor 1 .58 S.F. Floor .34 S.F. Floor 17,58 S.F. Floor '2.93 S.F. Floor 1.28 S.F. Floor 2.08 S.F. Floor .22 S.F. Floor .02 .� _ ��„w.•�� F Ruse: i. 020 Integrated Construction Shipping & receiving air curtain I S.F. Floor 6.54 040 Special Facilities N/A L-1 4.58 5,0% ,58 .34 17.58 21.3% 2.93 1.28 Sub -Total 103,94 100% CONTRACTOR FEES (General Requirements: 10%, Overhead: 5%, Profit: 10%) 25% 26.01 ARCHITECT FEES 7% 1 9.10 Total Building Cost 134.05 For customer support on your Square Foot Costs with RSMeans data, call 800.448.8182. 283 I F L. HER MECHANICAL CONTACTORS, INC. 3900 CARSON AVENUE EVANS, CO 80620 PHONE: (970) 356-8636 FAX: (970) 356-0133 NUMBER TO: Landmark Builders DATE: October 12, 2021 JOB NAME: Public Works Storage Building CHANGE ORDER We agree to make the change(s) specified below: Change location of hose bib Labor: $432.00 Material: $500.00 Lift: $100.00 TOTAL: $1,032.00 WE AGREE hereby to make the change(s) specified above at this price $1,032.00 DATE SIGNATURE: Date of Acceptance Signature: Title V;17I iii(i2±iiI r i. f,, �: J.., i i 4 • i 1 I sP Total price for the above mentioned work is: $44,676.00 Forty Four Thousand Six Hundred Seventy SIx Dollars and 00/100 Alternate #1— material pricing escalation that has occurred between original bid date of 9/1/21 and 1/25/22: $ ,552.00 Total Current Fire Sprinkler System Pricing: $49,228,00 Invoice type: Progress billings; billed by the 25th of each month & paid by the 10th of the following month. Please We must have an executed copy of this proposal to proceed with this project. i Andrew Teebken, Sales Freedom Fire Protection, LLC. andrewt@freedomfirepro.com Note: This pmaal may be withdrawn by Freedom Fire Protedlon, UC. If not Epted wkhih 30 days. Acceptance of Proposal: The above prkes, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: Date of Acceptance: 4026 MULLIGAN DRIVE - LONGMONT, CO 80504- PHONE 303.827.2060 - FAX 303.827.2070 -2- Akm l ueseroaUow nary- I Ccrs t a®c®ssrcorrwod 2 Carson PROPOSAL AND ACCEPTANCE FIRE ALARM Michael McDaniel Michael.mcdaniel landmar 111 H St Greele Colorado Matthew tridentco.net Scope a of Work - Design and install a fire alarm system to meet IFC/NFPA and local code minimum requirements for a fully sprinkled Type II -B A-3 Occupancy. - Obtain a fire alarm permit with Weld County/Building Department (AHJ) - permit fee included. - This proposal assumes fire alarm wire will be run open with NO conduit. - 120V Dedicated circuit at FACP by Electrical Contractor/Or By Others If required for Trident to provide add $550 - Duct Smoke Detectors w/Test Stations - Excluded (No Mechanical Dwg Call out for Duct Detectors) - Mobilization - this proposal includes 2 mob for rough wire and 1 mob for trim. Additional mobilizations not caused by Trident are $250/each. - Fire Sprinkler - This proposal includes monitoring of (1) waterflow and (2) tamper valves per building. Monitoring of additional waterflow/tamper valves can be added for $250/each. - This proposal assumes monitoring provided by Trident- no exceptions. Three months free. Should owner decide to choose another monitoring company. add $450 for monitoring throw h warranty period. rr ri7n"oarfron Ind Petrimffinh I Tn*' 1 1 - Prepare Permit with PE/NICET Certification (PM) and Inspections with AHJ $ 1,250.00 1-AHJ Permit Review Fee $ 350.00 Fire Alarm Control Panel (Fire Lite ES50X) 1 Remote Annunciator Red (Fire Lite ANN80) 1 Wireless Fire Radio (AES 7707) 1 White Strobes or Horn/Strobes (System Sensor) 8 - Red Exterior Horn/Strobe (System Sensor 1 - Addressable Detector ( Smoke/Heat 1 - Addressable Duel Monitoring Module (SK-Monitor2/FL-MDF300) 1 - Addressable Pull Station SK-PullDA/FL-BG12LX 1 - Wire, Backboxes/Grid Supports, Connectors, etc. 1 Please select a part,.. 0 Please select a art... 0 Please select a part... 0 We Propose hereby to furnish material and labor - complete in accordance with abo+.e specification, for the sum of: Eight Thousand Three Hundred and Fourteen dollars 8,314.00 Payment to be made as follows: Draws -as described on page 2 Acceptance of Proposal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Date of Acceptance to do the work as specified, Payment will be made as outlined above. This proposal is on valid 30 days from the date listed above. Signature PO Box 826 Longmont, CO 80502 1 303-651-7371 office C:\Users\Smitty\Dropbox (Trident)\03 - Proposals\Weld County Storage 09.02.21\01 - Proposals\Weld County Storage FA Proposal 01.28.22 1 of 4 THE PARTIES HEREBY AGREE TO THE FOLLOWING TERMS AND CONDITIONS: CREDIT CARDS: Trident does accept credit cards for an additional fee of 3.5% per invoice; which is in addition to any proposed costs. INSTALLATION OF SYSTEM: CUSTOMER authorizes Trident to install, or cause to be installed, the protective system as specified on the reverse side hereof including connections necessary to transmit the necessary signals from the premises of CUSTOMER. All signals are transmitted over telephone company leased lines which are wholly beyond the control and jurisdiction of Trident and which are maintained and serviced by the applicable telephone company or utility. CUSTOMER agrees, in addition to the charges already outlined, to pay any and all telephone charges that may be necessary for the operation of the signaling system, unless otherwise agreed CUSTOMER hereby authorizes and empowers Trident, it agents or assignees, to make any changes in or alterations to the system at the request of the CUSTOMER or made necessary by any changes in or damages to said premises, property or equipment (after the original installation has been completed) at the expense of the CUSTOMER. Trident shall install its equipment in accordance with applicable law, and if any state, county or municipal agency having jurisdiction shall require any changes in the system as originally installed, the CUSTOMER agrees, on demand, to pay for the cost of such changes. BONDING: Trident does not provide any bonding. If bonding is required it will be at the cost of the owner or construction company ERRORS IN INSTALLATION. Errors or omission in installation of said system, including but not limited to failure to wire points of protection, shall be called to the attention of Trident by CUSTOMER in writing within thirty (30) days of completion of the installation. Upon the expiration of the said thirty (30) day period, the Installation and the protection provided shall be deemed accepted by CUSTOMER. CUSTOMER acknowledges that additional protection may be obtained over and above that provided at an additional cost. AFTER HOURS INSPECTIONS: Any inspections performed outside normal business hours (8:00 to 4:00pm) will have an additional fee of $250.00 and is not included in any proposed cost. KN0X BOX Trident does not provide Knox boxes as part of any proposed cost; however, they can be added for $490 for the 2 -key, surface mounted box to include regular shipping and installation. FIRE EXTINGUISHERS: Trident does not provide fire extinguishers as part of any proposed cost; however, they can be provided and installed for $125/each for a 1 Olb ABC type, not including cabinets or signage. GSM & AES WIRELESS RADIOS: All alarm systems where wireless radios are proposed are subject to GSM or AES coverage which is not available in all areas. LOST PERMITS: All fire alarm permits are left onsite or with superintendent per the NFPA and IBC codes. Any permits that are lost or missing are not the responsibility of Trident. Replacement permits will be provided at $135 to complete all rough and final inspection with the AHJ and are not included in this proposal. REINSPECTIONS: Any failed inspections with the AHJ that are not the fault of Trident will result in a $250 roinspection fee plus the AHJ's reinspection fee. Reinspections will not be scheduled until written authorization has been received by CUSTOMER, Owner or General Contractor. MOBILIZATION: Any request by GC, Owner or other responsible party to install any related alarm system components where arrival to the site finds that the site Is not property prepared will result in a $250 mobilization charge, to be singed off by the responsible party prior to scheduling of the next site activity. MONITORING: Trident will monitor all systems it installs for a minimum of 1 -year following installation as part of the warranty - monthly monitoring fee not included. Monitoring options are as follows: CONVENTIONAL PHONE LINES: CenturyLink or Comcast, monitoring is $30/month. Two phone lines are required with one being dedicated to the fire panel. The second line can be shared; however, it must have seizure. AES WIRELESS RADIO: Installed for $750 (+ permitting fees if not part of an existing new Install), no phone lines required, monitoring is $80/mo for a 1-yr agreement. VoIP PHONE LINES: Not allowed by NFPA 72 code. CHANGE ORDERS: Any work completed outside of the defined scope wilt be considered a change order to be billed $135/hr per technician BILLING/DRAWS: Progress billing will occur at a minimum, for each of the following completed activities; permitting, rough wire installation, Darts ordering. trim, final inspection with fire marshal. PAINTED FIRE WIRE: Per NFPA 72, any fire alarm wire found to be painted must be replace at the expense of the GC or owner, and is not CONFIDENTIALITY: You may not use, copy, disclose, or distribute this proposal or Its information to any other person and any such actions may be unlawful. ALARM EQUIPMENT REMAINS PERSONAL PROPERTY: All equipment and material Installed by TRIDENT shall remain CUSTOMER's personal property and shall not be considered or deemed a fixture, or an addition to, alteration, conversion, improvement, modernization, remodeling, repair or replacement of any part of the realty, and CUSTOMER shall not permit the attachment thereto of any apparatus not famished by TRIDENT. C:\Users\Smitty\Dropbox (Trident)\03 - Proposals\Weld County Storage 09.02.21\01 - Proposals\Weld County Storage FA Proposal 01.28.22 2 of 4 EQUIPMENT LIMITED WARRANTY: In the event that any part of the equipment becomes defective, TRIDENT agrees to make all repairs and replacement of parts without costs to the CUSTOMER for a period of ninety (90) days from the date of installation. TRIDENT reserves the option to either replace or repair the equipment, and reserves the right to substitute materials of equal quality at time of replacement, or to use reconditioned parts in fulfillment of this warranty. TRIDENTS warranty does not include damage caused by electric, plumbing or construction, nor damage by lightning, electrical surge, or misuse. TRIDENT is not the manufacturer of the equipment and other than TRIDENTS limited warranty CUSTOMER agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any. Except as set forth In this agreement, TRIDENT makes no express warranties as to any matter whatsoever, including but not limited to, unless prohibited by law, the condition of the equipment, its merchantability, or its fitness for any particular purpose, and TRIDENT shall not be liable for consequential damages. TRIDENT does not represent nor warrant that the equipment may not be compromised or circumvented, or that the system will prevent any loss by fire, smoke or water or otherwise; or that the system will in all cases provide the protection for which it is installed. TRIDENT expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than TRIDENT. TRIDENT shall not be liable for consequential damages. CUSTOMER acknowledges that any affirmation of fact or promise made by TRIDENT shall not be deemed to create an express warranty unless included in this agreement in writing; that CUSTOMER Is not relying on TRIDENTs skill or judgment in selecting or famishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that TRIDENT has offered additional and more sophisticated equipment for an additional charge which CUSTOMER has declined. CUSTOMER's exclusive remedy for TRIDENTs breach of this agreement or negligence to any degree under this agreement is to require TRIDENT to repair or replace, at TRIDENTS option, any equipment which is non -operational. Some states do not allow the exclusion or limitation of consequential or incidental damages, or a limitation on the duration of implied warranties, so the above limitations or exclusions may not apply to you. The warranty gives you specific legal rights and you may also have other rights which may vary from state to state. Fire Alarms are required to be approved by AHJ and may require plans and specifications designed, signed and submitted by a licensed architect or professional engineer, which must be engaged by CUSTOMER. If TRIDENT is installing a Fire Alarm System to code installation must be approved by the AHJ. This Limited Warranty is independent of and In addition to repair service contracted under oaraaranh 2h of this agreement_ DELAY IN DELIVERY / INSTALLATION / RISK OF LOSS OF MATERIAL; TRIDENT shall not be liable for any damage or loss sustained by CUSTOMER as a result of delay in delivery and/or installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk -outs, war, acts of God, or other causes, including TRIDENTS negligence or failure to perform any obligation. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence. In the event the work is delayed through no fault of TRIDENT, TRIDENT shall have such additional time for performance as may be reasonably necessary under the circumstances.. CUSTOMER agrees to pay TRIDENT the sum of $1,000 per day for each business day the work is re -scheduled or delayed by CUSTOMER or others engaged by CUSTOMER through no fault of TRIDENT on less than 24 hour notice to TRIDENT. If installation is delayed for more than one year from date hereof through no fault of TRIDENT, CUSTOMER agrees to pay an additional 5% of the contract Purchase Price upon installation_ CUSTOMER assumes all risk of loss of material once delivered to the job site. TRIDENT is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in TRIDENTs sole discretion for the installation and service of the equipment, and TRIDENT shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the equipment, and CUSTOMER represents that the owner of the premises, if other than CUSTOMER, authorizes the installation of the equipment under the terms of this agreement. REPAIR SERVICE: The parties agree that the equipment, once installed, is in the exclusive possession and control of the CUSTOMER, and it is CUSTOMER's sole responsibility to notify TRIDENT if any equipment is in need of repair. TRIDENT shall not be required to service the equipment unless it has received notice from CUSTOMER, and upon such notice, TRIDENT shall, during the warranty period or If service has been contracted under paragraph 2b of this agreement, service the equipment to the best of its ability within 36 hours, exclusive of Saturday, Sunday and legal holidays, during the business hours of 8 a.m. and 4 p.m. CUSTOMER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: CUSTOMER agrees to furnish, at CUSTOMER's expense, all 110 Volt AC power, electrical outlet, circuit breaker and dedicated electrical feed. Internet connection, high speed broadband cable or DSL and IP Address, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by TRIDENT. CUSTOMER RESPONSIBLE FOR FALSE ALARMS / PERMIT FEES / NON -SOLICITATION / ADDI11ORAL COSTS / OTHER LICENSED TRADES / CO AND ECS VIOLATIONS / AND EXPERT WITNESS FEES: CUSTOMER is responsible for all alarm permits and permit fees, agrees to file for and maintain any permits required by applicable law and AHJ and indemnify or reimburse TRIDENT for any fees or fines relating to permits, code compliance or false alarms. TRIDENT shall have no liability for permit fees, false alarms, false alarm fines, fire response, any damage to personal or real property or personal injury caused by fire department response to alarm, whether false alarm or otherwise, or the refusal of the fire department to respond, In the event of termination of fire response by the fire department this agreement shall nevertheless remain in full force and CUSTOMER shall remain liable for all payments provided for herein. Should TRIDENT be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement CUSTOMER agrees to pay TRIDENT for such senate or material. CUSTOMER agrees that it will not solicit for employment for itself, or any other entity, or employ, in any capacity any employee of TRIDENT assigned by TRIDENT to perform any service for or on behalf of CUSTOMER for a period of two years after TRIDENT has completed providing service to CUSTOMER. In the event of CUSTOMER's violation of this provision, in addition to injunctive relief, TRIDENT shall recover from CUSTOMER an amount equal to such employee's: salary based upon the average three months preceding employee's termination of employment with TRIDENT, times twelve, together with TRIDENTS counsel and expert witness fees. CUSTOMER is responsible for engaging licensed trades to perform any work which TRIDENT is not licensed to perform interconnecting the fire alarm to HVAC, elevators, appliances and other electronic and mechanical systems. It is CUSTOMER's responsibility to obtain a Certificate of Occupancy for the intended use of the premises affected by the fire alarm or obtain a Letter of No Objection from the AHJ if a Certificate of Occupancy is not available. It is CUSTOMER's sole responsibility to cure any building or Environmental Control Board violations. In the event CUSTOMER or any third party subpoenas or summons TRIDENT requiring any serces or appearances, CUSTOMER agrees to pay TRIDENT $150 per hour for such services and appearances. CUSTOMER shalt reimburse TRIDENT for any Monitoring Center cherries for excessive sianals. INDEMNITY I WAIVER OF SUBROGATION RIGHTS I ASSIGNMENTS: CUSTOMER agrees to and shall defend, advance expenses for litigation and arbitration, including investigation, legal and expert witness fees, indemnify and hold harmless TRIDENT, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third parties or CUSTOMER, including reasonable attorneys' fees and losses asserted against and alleged to be caused by TRIDENTS performance, negligent performance, or failure to perform any obligation under or in furtherance of this agreement. Parties agree that there are no third -party beneficiaries of this agreement. CUSTOMER on its behalf and any insurance carder waives any right of subrogation CUSTOMER's insurance carrier may otherwise have against TRIDENT or TRIDENTs subcontractors arising out of this agreement or the relation of the parties hereto. CUSTOMER shall not be permitted to assign this agreement without written consent of TRIDENT, which shall not unreasonably be withheld. TRIDENT shall have the right to assign this agreement to a company licensed to perform the services and shall be relieved of any obligations created herein upon such assignment. EXCULPATORY CLAUSE: TRIDENT and CUSTOMER agree that TRIDENT is not an insurer and no insurance coverage is offered herein. The fire alarm and TRIDENTS services are designed to detect and reduce certain risks of loss, though TRIDENT does not guarantee that no loss or damage will occur. TRIDENT is not assuming liability, and, therefore, shall not be liable to CUSTOMER or any other third party for any loss, economic or non -economic, in contract or tort, data corruption or inability to retrieve data, personal injury or property damage sustained by CUSTOMER as a result of equipment failure, human error, fire, smoke, water or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by TRIDENTs breach of contract, negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this mt ail 1 aE ex t for in a ful m'sc C ase�, TAIGA &� �1y�i earn ontrtq�G CAUsersl i n �' 3 - �oposa�s uniy ge ld - F Sf t� iNl lki tea ura 314 A Proposal 01.28.22 3 of 4 INSURANCE / ALLOCATION OF RISK: CUSTOMER shall maintain a policy of Comprehensive General Liability and Property Insurance for liability, casualty, fire, theft, and property damage under which CUSTOMER is named as insured and TRIDENT is named as additional insured and which shall cover any loss or damage TRIDENT's services are intended to detect to one hundred percent of the insurable value or potential risk, The parties Intend that the CUSTOMER assume all potential risk and damage that may arise by reason of failure of the equipment, system or TRIDENTs services and that CUSTOMER will look to Its own insurance carrier for any loss or assume the risk of loss. TRIDENT shall not be responsible for any portion of any loss or damage which is recovered or recoverable by CUSTOMER from insurance covoring such loss or damage or for such loss or damage against which CUSTOMER is indemnified or insured. CUSTOMER and all those claiming rights under CUSTOMER walve all rights against TRIDENT and its subcontractors for loss or damages caused by perils intended to be detected by TRIDENTs services or covered by insurance to be obtained by CUSTOMER, except such rights as CUSTOMER or others may have to the proceeds of insurance. LIMITATION OF LIABILITY: CUSTOMER AGREES THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF TRIDENT AS A RESULT OF TRIDENTS BREACH OF CONTRACT, NEGLIGENT PERFORMANCE TO ANY DEGREE OR NEGLIGENT FAILURE TO PERFORM ANY OF TRIDENTS OBLIGATIONS PURSUANT TO THIS AGREEMENT OR ANY OTHER LEGAL DUTY, EQUIPMENT FAILURE, HUMAN ERROR, OR STRICT PRODUCTS LIABILITY, WHETHER ECONOMIC OR NON -ECONOMIC, IN CONTRACT OR IN TORT, THAT TRIDENTS LIABILITY SHALL BE LIMITED TO THE SUM OF $250.00 OR 6 TIMES THE MONTHLY PAYMENT FOR SERVICES BEING PROVIDED AT TIME OF LOSS, WHICHEVER IS GREATER, IF CUSTOMER WISHES TO INCREASE TRIDENTS AMOUNT OF LIMITATION OF LIABILITY, CUSTOMER MAY, AS A MATTER OF RIGHT, AT ANY TIME, BY ENTERING INTO A SUPPLEMENTAL AGREEMENT, OBTAIN A HIGHER LIMIT BY PAYING AN ANNUAL PAYMENT CONSONANT WITH TRIDENTS INCREASED LIABILITY. THIS SHALL NOT BE CONSTRUED AS INSURANCE COVERAGE. LEGAL ACTION / ARBITRATION / SECURITY INTEREST / BREACH / LIQUIDATED DAMAGES ! AGREEMENT TO BINDING ARBITRATION: The parties agree that due to the nature of the services to be provided by TRIDENT, the payments to be made by the CUSTOMER for the term of this agreement form an integral part of TRIDENTS anticipated profits; that in the event of CUSTOMER's default it would be difficult If not impossible to IN TRIDENTs actual damages. Therefore, in the event CUSTOMER defaults in any payment or charges to be paid to TRIDENT, CUSTOMER shall be immediately liable for any unpaid installation and invoiced charges plus 80% of the balance of all payments for the entire term of this agreement as LIQUIDATED DAMAGES, TRIDENTS RIGHT TO SUBCONTRACT SPECIAL SERVICES: CUSTOMER agrees that TRIDENT is authorized and permitted to subcontract any senates to be provided by TRIDENT to third parties who may be independent of TRIDENT, and that TRIDENT shall not be liable for any loss or damage sustained by CUSTOMER by reason of fire or any other cause whatsoever caused by the negligence of third parties and that CUSTOMER appoints TRIDENT to act as CUSTOMER's agent with respect to such third parties, except that TRIDENT shall not obligate CUSTOMER to make any payments to such third parties. CUSTOMER acknowledges that this agreement, and particularly those paragraphs relating to TRIDENT's disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors and Monitoring Center of TRIDENT. MOLD, OBSTACLES AND HAZARDOUS CONDITIONS ! FIRE STOP BREACH: CUSTOMER shall notify TRIDENT in writing of any undisclosed, concealed or hidden conditions in any area where installation is planned, and CUSTOMER shall be responsible for removal of such conditions. In the event TRIDENT discovers the presence of suspected asbestos or other hazardous material TRIDENT shall stop all work immediately and notify CUSTOMER. It shall be CUSTOMER's sole obligation to remove such conditions from the premises, and if the work is delayed due to the discovery of suspected asbestos or other hazardous materiel or conditions then an extension of time to perform the work shall be allowed and CUSTOMER agrees to compensate TRIDENT for any additional expenses caused by the delay but not less than $1000.00 per day until work can resume. If TRIDENT, in its sole discretion, determines that continuing the work poses a risk to TRIDENT or its employees or agents, TRIDENT may elect to terminate this agreement on 3 -day notice to CUSTOMER and CUSTOMER shall compensate TRIDENT for all services rendered and material provided to date of termination. TRIDENT shall be entitled to remove all Its equipment and uninstalled equipment and material from the job site. Under no circumstances shall TRIDENT be liable to CUSTOMER for any damage caused by mold or hazardous conditions or remediation thereof. TRIDENT shall have no liability far any breach of fire stops or for inspection or certification of integrity of fire stops In the premises. FULL AGREEMENT! SEVERABILITY: This agreement along with the Schedule of Equipment and Services constitutes the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties. CUSTOMER acknowledges and represents that CUSTOMER has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this Agreement. CUSTOMER hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of CUSTOMER's reliance on such representation, assertion, guarantee, warranty, collateral agreement or other assurance. To the extent this agreement is inconsistent with any other document or agreement, whether executed prior to, concurrently with or subsequent to this agreement the terms of this agreement shall govern. This agreement shall run concurrently with and shall not terminate or supersede any existing agreement between the parties unless specified herein. Should any provision of this agreement be deemed void, the remaining parts shall be enforceable. C:\Users\Smitty\Dropbox (Trident)\03 - Proposals\Weld County Storage 09.02.21\01 - Proposals\Weld County Storage FA Proposal 01.28.22 4 of 4 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.saltdoctors.net Project Name: Weld County Public Works Storage Prepared for: Kyle Manderscheid/ESTIMATOR, Landmark Builders Prepared by: Michael Lewis, Asphalt Specialist Friday, February 18, 2022 Proposal number: M22-058 Page 1 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 alt o ,net Friday, February 18, 2022 Kyle Manderscheid/ESTIMATOR Landmark Builders 3812 Carson Avenue Evans, CO 80620 Dear Kyle, Thank you for giving Asphalt Doctors the opportunity to bid on your current asphalt needs. I know there are many contractors bidding your job and we would like to give you solid reasons to choose Asphalt Doctors. We have built our reputation on quality work and excellent customer service. If you visit our website you will see a testimonial page of satisfied, repeat customers. Each of these referrals has given permission for potential customers to call and ask questions. To receive further information and detail specification on each proposed item within this estimate click on the blue link associated with that service. You will see for yourself that the work performed by Asphalt Doctors is worthy of our Written Respectfully, Michael Lewis Asphalt Specialist Asphalt Doctors Inc. Page 2 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www. asg ha ltdoctors. net Friday, February 18, 2022 Bid Number M22-058 BID AND WORK CONTRACT Proposal Submitted To: = Work To Be Performed At: Kyle Manderscheid/ESTIMATOR Landmark Builders Weld County Public Works Storage 3812 Carson Avenue 1111 H Street Evans, CO 80620 Greeley, CO 80631 We hereby propose to furnish the materials, labor, and equipment necessary for the completion of: ASPHALT PATCHBACK: 4,000 sq. ft. 6" depth. 1 area(s). 151 tons of asphalt. Does NOT include any base prep other than top lift compaction. AC depth and field measurements were provided by landmark Builders Actuals shall prevail. - Compact existing soils. - Apply CSS-1H tack oil to edges for adherence. - Appropriate rate of tack per conditions. Install asphalt using appropriate equipment. - CDOT approved hot asphalt plant mixes. 3/4" grade S asphalt plant mix for the bottom lift. 1/2" grade SX asphalt plant mix for the top lift. Compact to match existing grade. - Proper compaction will be applied. Compact in proper amount of lifts per depth. Clean up entire work area of any heavy debris. GRAND TOTAL (Labor and Materials)........... Payment is due upon completion of work 4,000 1 $4.68 I $18,720.00 CUSTOMER RESPONSIBILITY: - Advance notice to tenants. - Vehicles must be removed prior to our arrival. - Sprinklers/Irrigation must be turned off for 24 hours before and after work. - Schedule all deliveries / trash pickup accordingly. - If removal of vehicles is going to be done the day of the work customer needs to make arrangements to have vehicles moved. $18,720.00 Page 3 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www.a.phaltdoctors.net ACCEPTANCE OF PROPOSAL - Bid Number: M22-058 By signing this contract you are either the owner or have authorization from the owner to have this work done as specified on the premises. ACCEPTED BY: SIGNATURE: PRINT NAME: DATE: TITLE: ONE YEAR FULL WARRANTY ON ALL MATERIAL AND WORKMANSHIP Full payment to be made upon completion. In the event that payment is not made to Asphalt Doctors Inc. as provided, Asphalt Doctors Inc. shall be entitled to all of it's costs including attorney's fees and lien fees, in connection with the enforcement of it's rights under this contract, whether or not legal proceedings are instituted. In addition, Asphalt Doctors Inc. shall be entitled to interest on all past due accounts under this contract, which interest shall accrue at the rate of 24% annum (2% per month) from the date payment is due until payment is received by Asphalt Doctors Inc., whether before or after judgement. Page 4 ASPHALT DOCTORS INC. 1270 Rock Creek Circle Lafayette, CO 80026 (303) 956-8201 Fax (303) 404-2103 www, asphaltdoctors. net Terms and Conditions: Bid Number: M22-058 1. Proposal pricing expires forty-five (45) days from the date of any submitted proposal. 2. Customer agrees that any work performed under any proposal is subject to the terms and conditions outlined herein. 3. Pricing assumes easy access to all work areas for all machinery, equipment and deliveries. 4. Not responsible for any damages due to others moving or crossing through our barricades before required curing time has been met. 5. Traffic control on city streets not included unless specifically called out in this contract. 6. Price includes 1 mobilization and barricades as needed unless stated otherwise in contract. 7. All payments due upon completion. 8. Bid does not include testing, engineering, permits, survey, utility adjustment, inspection fees, staking, landscape repair, traffic control, sub -grade preparation, licenses and bond unless otherwise stated in this contract. 9. Actual field measurements shall prevail upon completion. 10. We cannot guarantee positive drainage on existing or proposed areas of less than 2% slope. 11. Contractor shall not be responsible for conditions and material in, under or adjacent to the pavement as but not limited too, post tension cables, irrigation, electrical lines, etc. 12. Additional mobilizations will be an extra cost. 13. Vehicles not moved prior to crew arrival shall be towed at owner's expense and waiting time may be charged as an extra expense. 14. Any soft, frozen, unstable, or unsuitable sub grade materials encountered will be removed and replaced with class 6 road base at an additional charge. 15. All work performed by the Company pursuant to an accepted Proposal is guaranteed against defects in workmanship for a period of one (1) year from the date of installation, unless the identified deficiencies are caused, in whole or in part, by the conditions listed below. Upon receipt of written notice of deficiencies during the applicable warranty period, Company will correct any items, with the exception of the conditions below, at Company's cost, the manner and method of repairs determined by Company's sole discretion. The warranty shall not apply if the alleged deficiencies are caused, in whole or in part as determined by Company, by the following conditions: a. Force Mejeure: b. Water pooling if grade (natural fall) is less than 2% slope: c. Damage from applying snow deicers or snow plows; d. Heaving or cracking from tree roots; e. Improper or premature weight loading; f. Improper to premature application of sealer or other materials applied by others; g. random cracking from shifting settling, or wetted soils; h. Vandalism; i. Unstable subgrade conditions unless otherwise specified in the contract; If Company determines that a deficiency is caused, in whole or part, by the conditions identified in subparts (a) through (i), company shall be under no obligation to perform any repairs. 16. It is concrete's nature to crack. Asphalt Doctors will make every effort to reduce the risk of cracking. We will not be responsible for random cracks. 17. Starting dates are estimated and are subject to availability of supplies, weather and contractor's workload. 18. The work specified in this contract shall be completed in the season of the year dated on the contract. Asphalt Doctors shall not be responsible for any delays in performing the work due to labor disputes, weather, shortage in material, equipment, labor, acts of God or any other cause beyond its control.In the event of a delay beyond Contractor's control, and to the extent reasonably possible, Asphalt Doctors shall complete the work at the next available opportunity. 19. The work performed after October 1 to May 1 any year will be done at property owners or General Contractor's or agent's own risk due to weather conditions. It is understood that during this period quality may not be up to the standards but must be paid in full up to the phase performed. No warranties will be issued or implied from October 1st to May 1st. 20. Asphalt Doctors may at its discretion engage subcontractors to perform work under this contract without prior consent of Buyer. 21. In the event any damage is caused by Asphalt Doctors or any of its subcontractors for which Asphalt Doctors may be liable and which requires repair services, Asphalt Doctors shall be given first opportunity to repair said damages before other contractors are retained by owner. Page 5 DIRT WORX nick. dirtworx@gmail.com C: 970-531-5899 Thursday, February 3, 2022 Attn: Landmark Builders RE: Fire Line Change Order WC PW Dear Michael, We are pleased to provide a quote for the WCPW Fireline CO. This Communication will serve as an outline of our Proposed Scope and Pricing for this Project. ITEM QUANTITY UNIT ADDI DESCRIPTION UNIT COST UNIT BID AMOUNT 1 1 LS Demolition of Asphalt $ 2,675.00 / LS $ 2,675.00 2 501 LF Fire Line Materials (6" C900, 6" DIP for Riser, and City $ 56.86 / LF $ 28,486.86 of Greeley Perform Tap) 3 501 LF Equipment and Labor to Install Fire Line $ 43.72 / LF $ 21,903.72 4 1 LS Subcontractors (Pot Holing for Utilities) $ 3,146.00 / 1rS $ 3,146.00 PROJECT TOTAL: $ 56,211.58 Add Option 501 LF Flowfill Fireline Trencf $ 60.43 / LF $ 30,275.00 If there are any questions or we can be of any assistance please feel free to contact us. We appreciate the offer to provide you with a quote and we took forward to working with you more in the near future. Thank you, Nicholas Ritschard TERMS: 1. All quotes and prices are good for thirty days, which may then be subject to review or change. 2, All quotes and prices are based on the information received and plans provided for bidding purposes only, 3 Any project changes affecting material, design and or operational procedures that differ from the contractors bid may be charged as an extra. 4 Our customers will be immediately notified of any operations required beyond the scope of plans and specifications as encountered, requested by Owners or otherwise. Work may not proceed until the owner or representative of project in contract agrees to pay for the additional work, 5_ Where compaction is required and the material excavated is unsuitable for compaction, any cost of replacing that material or improving it to be acceptable will be charged as an extra. 6 If compaction requirements cannot be met due to weather conditions, we reserve the right to suspend work until such compaction conditions are conducive to compaction nick.dirtworx@gmail.com DIRT W C:970-531-5899 a. Unless Unless specified for reuse, excess pipe spoil material excavated is to remain on site adjacent to ditch where it was excavated. 8. We abide by local municipal specifications governing bedding depth/width and height over pipe, backfill and material used for such purposes. 9. The contractor's responsibility for mandrelling, infiltration, enfiltration, testing, chlorinating and cleaning is eliminated as soon as others are allowed to tap or connect to our lines (sanitary storm. water line). 10. All structures will be set to grade according to plans and staking provided. The cost of adjustments different from the plans or staking will be charged as an extra II If project delays occur, requiring remobilization of our equipment, (due to no fault of our own) a remobilization fee of $1,500 00 per occurrence may be requested 12 Proposal includes 2 mobilizations, each mobilization after that will be charged a mobilization fee of $70000 per each mobilization 13 All prices and quotes are based on forty hour work week If longer daily hours or weekends are specifically required beyond express clarification in our scope, overtime will be charged as an extra 14 All fill will be placed in pad and pavement areas to a compaction rate specified in geotech report. 15 Grading is based on a one time operation. We are not responsible for damage to established subgrades 16 Topsoil stripping based on an average as shown on avail.wle soils investigations. 17 If project delays occur (due to no fault of our own) while were onsite and require us to go on standby, a standy fee of $500 per hour while were onsite and $300 if we have to leave the site wilt be charged EXCLUSIONS: These itemsAre Expressly Excluded from our Standard Scope Of Work unless Specifically Included in Our Written Scope L Fees and permits. 2. Tap fees, 3. 4. Inspection fees. 5. qleanihawsaiiag. 6. Rock blasting, chipping, hammering, or excavation of any rock. 7. De -watering beyond one 3n gasoline driven pump working 8 hours per day 5 days per week. 8. Trench bottom stabilization, undercutting or extra bedding materials due to sloughed trench widths that specifications. exceed standard neat line construction 9. All soil stabilization (including peat boggy). 10. All soil and compaction testing. II OSHA required soil studies. 12 Environmental or hazardous material assessments or handling. 13 Tree protection of any kind unless otherwise specified in scope, 14. Waterline chlorinating control. 15. Landscaping, rock hounding or restoration of landscape 16, Retaining wall excavation. 17 Seeding, mulching, or sod, unless expressly included in scope. 18. Removal, repair or replacement of fences or wails 19 Demolition and export of items not on plans or outside items included in scope 20 Downspout bouts. 21 Building perimeter drains. 22 Utility connections at the building unless otherwise included in scope 23 Any electric to the meter pits, regular pump pits, lift stations or other apparatus. 24. Utility relocation, tie downs, protection and or restoration above ground or below ground. 25. Grease trap. 26. Controlled density fill other than required on plans. 27 Any utility conduit crossing or material for crossing 28 Streetlights, ducts, control boxes, etc. 29 Traffic control items of any kind specified to remain as a permanent part of the project 30 Asphalt or concrete pavement or stone. 31 Sultrlingilad rtetxe. 32 Temporary access road or lay down storage or staging areas unless otherwise included in scope 33 . iu9e4i—e{rer 34 Cu►'b. aaeavatittm 35. Slurry backfill 36 Undercutting unless expressly included in scope. 37. Lime stabilization. 38 Export of unsuitable soil material, debris or other waste material beyond quantities specified in scope. 39 Removal of other trades dirt and or debris. 40 49 41 Winter protection of any concrete improvements (street and curbs Included) 42 Frost excavation thicker than 2" or requiring more than one crew hour to remove and/or dispose of 43. Cleaning of any concrete subbase street danmaged by others 44. Overlot grading. 45 Stripping of topsoil beyond depth specified in scope or a reasonable average in soils report 46, Engineering layout and staking including layout of building foundation New Contract Request Entity Information EntityName* Entity ID* LANDMARK BUILDERS INC /x0000903 Contract Name* PUBLIC WORKS STORAGE BUILDING (2021-1 753) Contract Status CTB REVIEW Contract Description CHANGE ORDER #3 FIRE SUPPRESSION SYSTEM Contract Description 2 ❑ New Entity? Contract ID 59:31 Contract Lead SGEESAMAN Contract Lead Email sgeesamancoweld.co.us Parent Contract ID Requires Board Approval YES Department Project t Contract Type Departmern Requested 8OCC Agenda Due Date CHANGE ORDER BUILDINGS AND GROUNDS Date* 06/04/2022 06%0812022 Amount * Department Email 183,982.00 CM- Will a work session with ACC be required?* BuildingGrounds eldgov.c HAD Renewable* NO nu Does Contract require Purchasing Dept. to be included? Department Head " it YES Automatic Renewal CM-Building.Grounds- DeptHead@ eldgov.com Bid Grant 82100105 County Attorney GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYWELDG DV.COM if this is a renewal enter previous Contract ID if this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Can Base Contract Dates Effective _ew Date * Renewal Date 12/'26/2022 Termination Notice Period Committed Delivery Date Expiration Date 12:26;'2022 Contact Information Contact Info Contact Name Purchasing Purchasing Approver CHERYL PATTELLI Approval Process Department Head TOBY TAYLOR DH Approved Date 06,13:2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 0620:'2022 Originator SGEESAMAN Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approved Date 06 14/2022 Finance Approver CHERYL PATTELLI Finance Approved Date 06,14:2022 Tyler Ref # AG 062022 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 06,14;2022 Univa cfi 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 April 25, 2022 To: Board of County Commissioners From: Toby Taylor Subject: Public Works Storage Building; B2100105 During the construction it was determined the P -Traps specified in the plans, for the sanitary sewer line serving the trench drains, will cause plumbing backup problems if not removed. This cost to remove the P -Traps is $2,695.00. Therefore, the Facilities Department is recommending approval of the change order in the amount of $2,695.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 1J)flU)+ 05/09/2Z ZoZt - I'153 8OO3 CHANGE ORDER #2 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND LANDMARK BUILDERS, INC. Date: April 25, 2022 Original Agreement: Weld County document no. 2021-1753 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 1,456,546.00 Original Contract Amount $ (10,332.00) Previously Approved Change order(s) Amount $ 2,695.00 Current Change Order Amount $ 1,448,909.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. By: Date Name: Title: ~.— ' BOARD OF COUNTY COMMISSIONERS ATTEST: _____ ••��LD WELD COUNTY, COLORADO Weld Co y Clerk to the Boar BY: Deputy Cler o t o Sc tt K. James, Chair MAY 0 9, 2022 Page 1 of 1 o2Oo2-/ _/753 LB I LANDMARK BUILDERS INC. PROPOSAL SUBMITTED TO: Change Estimate Client: Weld County Public Works Contact: Alex Engelbert Via Email: aenselbert@weldsov.com Estimator: D. Grigsby Proposal Date: 4/21/2022 Work Start Date: ASAP Change Est. No.: 7 PROJECT LOCATION: Weld Co Public Works - Storage Bldg 1105 H Street Greeley, CO 80634 � IJDEScRIPTION � .*"� ��,°'�' a'�• �y'Y '��.�� k bA a' �. k k 'T`3 WL 3 kk 4'N�` 2` 'e _ s� � *Y "�' �T � � ? x..«Y,u VALUE 1 Remove P -traps from sanitary sewer lines serving trench drains. $2,695 NOTES: Pricing is based on providing all labor, materials and equipment necessary to perform the work item described above. EXCLUSIONS: Anything not specifically described as included herein above. No restrictions on work hours nor work days is included. ACCEPTANCE OF PROPOSAL: The above prices, specifications, and conditions are satisfactory and are hereby accepted. AUTHORIZED SIGNATURES: David Grigsby - General Manager Weld County Public Works Date Printed Name This proposal may be withdrawn if not accepted within 30 days. Weld Co Public Works - Storage Bldg L B I Greeley, CO 80634 Pricing 42/2o22 SEC. /PROD ITEM MH QUANTITY UNIT MATERIAL UNIT EQUIP. /SUB. UNIT LABOR TOTAL CE#7 - Remove P -traps 15,840 SF - 1.0000 GC's Office Admin Support & Product Sourcing 3 3 His 6.50 20 13.00 39 65.00 195 254 Remove P -traps from SS lines serving TD's Subk 4 Loc - 2,043.00 - 2,043.00 i - �— Subtotal 20 2,082 195 2,297 0.00% Sales Tax- Exempt 0 - - 0 Subtotal 20 2,082 195 2,297 Gen. Conditions/Project Supervision Exp. 300.00 0 600.00 0 2,100 0 0 Adj. Crew/Supervision Exp. Per Diem, etc. �— _ - 0 Subtotal 2,082 195 2,297 13.50% Overhead & Profit —20 3 281 26 310 Subtotal 22 2,363 221 2,607 1.35% Insurance Expense - General Liability - 35 - 35 2.00% Bond Premium 53 53 Total $ 22 $ 2,451 $ 221 $ 2,695 PAGE 1/1 Weld Co Public Works - Storage Bldg EXTENDED BY D.` CE#7 - Remove P -traps CHECKED BY FISHER MECHANICAL CONTRACTORS, INC. 3900 CARSON AVENUE EVANS, CO 80620 PHONE: (970) 356-8636 FAX: (970) 356-0133 TO: Landmark Builders FAX: NUMBER DATE: April 14, 2022 JOB NAME: Weld County Maintenance Storage CHANGE ORDER We agree to make the change(s) specified below: Remove 4" P -trap & re pipe MATERIAL: $ 443.00 LABOR: $1,200.00 BACKHOE: $ 400.00 TOTAL ADD: $2,043.00 WE AGREE hereby to make the change(s) specified above at this price $2,043.00 DATE SIGNATURE: Date of Acceptance Signature: Title New Contract Request Entity Information Entity Name* LANDMARK BUILDERS INC Entity ID* LM00000903 ❑ New Entity? Contract Name* Contract ID Parent Contract ID PUBLIC WORKS STORAGE BUILDING(2O21-1 753) 5785 Contract Status Contract Lead* Requires Board Approval CTB REVIEW SGEESAMAN YES Contract Lead Email Department Project # sgeesaman@co.weld.co.us Contract Description * CHANGE ORDER #2 P -TRAP Contract Description 2 Contract Type * Department Requested BOCC Agenda Due Date CHANGE ORDER BUILDINGS AND GROUNDS Date* 05/052022 05'09x2022 Amount* Department Email $2,695.00 Cm- Will a work session with BOCC be required?* BuildingGrounds@weldgov.c NO Renewable am NO Does Contract require Purchasing Dept. to be included? Department Head Email YES Automatic Renewal CM-BuildingGrounds- DeptHead,veldgov.com Bid/RFP#* Grant 82100105 County Attorney GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYWELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date* Renewal Date 12,,0512022 Termination Notice Period Committed Delivery Date Expiration Date* 12,05,+2022 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone I Purchasing Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 05;'04!2022 Approval Process Department Head Finance Approver TOBY TAYLOR CHERYL PATTELLI DH Approved Date Finance Approved Date 05,042022 05,1,04,2022 Final Approval BOCC Approved Tyler Ref i€ AG050922 I OCC Signed Date BOCC Agenda Date 05, 0912022 Originator SGEESAMAN Contact Phone 2 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 05/04/2022 C0n�V01C+-(P0--5(9 0 � 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 February 28, 2022 To: Board of County Commissioners From: Toby Taylor Subject: Public Works Storage Building; B2100105 During the construction submittal process, it was determined the lighting package specifications could be achieved using an alternative lighting package. The acceptance of the alternative lighting package resulted in a deduct in the amount of $10,332.00. Therefore, the Facilities Department is recommending approval of the change order/deduct in the amount of $10,332.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2oz1- ��53 BCC OOZ3 CHANGE ORDER #1 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND LANDMARK BUILDERS, INC. ui- Date: February 14,2022 Original Agreement: Weld County document no. 2021-1753 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 1,456,546.00 Original Contract Amount $ 0.00 Previously Approved Change order(s) Amount $ (10,332.00) Current Change Order Amount $ 1,446,214.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CUNT LIUK: By: --- Date2? Name::Dou U -t S Title: e4b�ei-" ATTEcT- Welc BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Sc tt K. James, Chair I�AR 0 9 2022 Pagelofl Exhibit A -CO # 1 Estimator: Michael McDaniel LBI Proposal Date: 2/10/2022 LANDMARK Change Estimate Work Start Date: TBD BUILDERS INC. PROPOSAL SUBMITTED TO: PROJECT LOCATION: Client: Weld County Public Works Weld County Public Works Contact: Sterling Geesaman 1105 H Street Via Email: Saeesamantweldgov.com Greeley, CO 80634 ITEM NO. DESCRIPTION VALUE 1 Deduct to Weld County for acceptance of Alternate High bay lighting $10,332 NOTES: Pricing is based on providing all labor, materials and equipment necessary to perform the work item described above. EXCLUSIONS: Anything not specifically described as included herein above. No restrictions on work hours nor work days is included. ACCEPTANCE OF PROPOSAL: The above prices, specifications, and conditions are satisfactory and are hereby accepted. AUTHORIZED SIGNATURES: Landm uilders, Inc David Grigsby - General Manager Weld County Public Works Date Printed Name This proposal may be withdrawn If not accepted within 30 days. Exhibit A -CO # 1 Estimator: Michael McDaniel LBI 1 Proposal Date: 2/10/2022 Change Estimate Work Start Date: TBD LANDMARK BUILDERS INC. PROPOSAL SUBMITTED TO: Client: Weld County Public Works Contact: Sterling Geesaman Via Email: Seeesaman@weldeov.com PROJECT LOCATION: Weld County Public Works 1105 H Street Greeley, CO 80634 ITEM NO. DESCRIPTION VALUE 1 Deduct to Weld County for acceptance of Alternate High bay lighting $10,332 NOTES: Pricing is based on providing all labor, materials and equipment necessary to perform the work item described above. EXCLUSIONS: Anything not specifically described as included herein above. No restrictions on work hours nor work days is included. ACCEPTANCE OF PROPOSAL: The above prices, specifications, and conditions are satisfactory and are hereby accepted. AUTHORIZED SIGNATURES: Landm7 uilders, Inc. David Grigsby - General Manager Weld County Public Works Date Printed Name This proposal may be withdrawn if not accepted within 30 days. New Contract Request Entity Information Entity Name* Entity ID* ❑ New Entity? LANDMARK BUILDERS INC 9,00000903 Contract Name * PUBLIC WORKS STORAGE BUILDING Contract Status CTB REVIEW Contract Description * CHANGE ORDER 1 DEDUCT (2021-1753) Contract Description 2 Contract ID 5609 Contract Lead SGEESAMAN Contract Lead Email sgeesaman@co.weId.co.us Parent Contract ID Requires Board Approval YES Department Project I Contract Type* Department Requested BOCC Agenda Due Date CHANGE ORDER BUILDINGS AND GROUNDS Date* 03;03.2022 0307.2022 Amount* Department Email ($10,332.00) CM- will a work session with BOCC be required?* BuildingGrounds5 weldgou.c NO Renewable" orn NO Does Contract require Purchasing Dept. to be included? Department Head Email YES Automatic Renewal CM-8uildingGrounds- DeptHeadeldgov.c©m Bui/RFP#* Grant 82100105 County Attorney GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email cm- COU NTYATTO RN EY9-WELDG OV.COM If this is a renewal enter previous Contract ID if this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date * Renewal Date 05;02,2022 Termination Notice Period Committed Delivery Date Expiration Date* 05/022022 Contact Information Contact Info Contact Name Purchasing Purchasing Approver ROB TURF Approval Process Department Head TOBY TAYLOR DH Approved Date 0302/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03109;2022 Originator SGEESAMAN Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approved Date 03/07/2022 Finance Approver CHRIS D'OVIDIO Finance Approved Date 0.3,+0212022 Tyler Ref # AG 030922 Legal Counsel KARIN MCDOUGAL Legal Counsel Approved Date 03?0712022 C"6yArt /,b -#56&z 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 July 19, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Public Works Storage Building; B2100105 As advertised this bid is for new Public Works Storage Building. The low bid from Landmark Builders Inc. meets specifications. Therefore, Facilities is recommending the award to Landmark Builders Inc. for $1,456,546.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Oo 23 /z THIS AGREEMENT is made and entered into this 'f day of 2021, by and between the Board of Weld County Commissioners, on behalf of the F ities Department, hereinafter referred to as "County," and Landmark Builders 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 conflictoccursbetween 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. B210010?. 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. ODtI -/7�'� 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $1,456,546.00, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement, from County, Contractor shall forthwith return such payment(s) to County_ Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Tyres of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person; $1,000,000 for bodily injury for each accident; and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors where: (1) the Work includes Construction Surveying and/or Survey Monumentation and/or (2) plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to (a) Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, (b) Mix designs, (c) Contractor performed design work as required by the plans and Specifications, (d) Change Orders, or (e) Approved Value Engineering Proposals. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. 1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. 2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. 3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. 4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100-yearfloodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. 5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. 6) Equipment Breakdown Coverage (a. k. a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). 7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: David Grigsby Position: Address: 3812 Carson Ave. Address: Evans, Co. 80621 E-mail: david.g ,ssbby @landmark-builders.com Phone: 970-330-8855 County: Name: Toby Taylor Position: Director Address: 1105 H Street Address: Greeley, CO. 80632 E-mail: ttaylor weldgov.com Phone: 970-400-2020 , 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 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 fo-I 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 F -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 requiremeit of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds. ] 32. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRA TOR: Landmark uilders In . • By: • Date of Signa re Name Title: We ounty Clerk to B .L Deputy Clerk to the B BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair 'AUG 0 4 2021 ,2002/— /763 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150O STREET GREELEY, CO 80631 DATE: MAY 28, 2021 BID NUMBER: 82100105 DESCRIPTION: PUBLIC WORKS STORAGE BUILDING DEPARTMENT: FACILITIES MANDATORY PRE -BID CONFERENCE: JUNE 14, 2021 BID OPENING DATE: JUNE 30, 2021 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: PUBLIC WORKS STORAGE BUILDING A mandate.:. pre -bid conference will be held on June 14, 2021 $1 39AM at the Facilities Department Building located at 1105 "H" Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received until: June 30, 21 21 at. 10:00 AM (Weld County Purchasing Time Clock). Due to COVID-19, instead of an "in -person" bid opening, the submitted bids will be read over a Microsoft Teams Conference Call on June 30, 2021 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below: Phone Number: (720) 439-5261 Conference ID: 487444430 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 httsp :1/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. 1. bids Email. Due to the Coronavirus (COVID-1.9), emailed bids are vweldgov.com; however, if your bid exceeds 25MB required. please Bids may be emailed to upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet 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 we receive your bid/proposal. Please call Purchasing at 870-400- 4223 or 4222 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 wlthoul disclosing his principal, cipal, may be held to be the bid of the i11UMVIUua1 signing. lg. When requested by the Weld County Controller/Purchasing Director, 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 Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 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/Purchasing Director 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/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. 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. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS: Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an . D - - `.Ms . _ . illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder 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. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable 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 Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder 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. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder 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, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder 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. 5. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of 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 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. BID REQUEST #B2100105 Page 3 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. 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 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. BID REQUEST #82100105 Page 4 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. 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 IiAtiiiiu11iiA:hIsxsinj.•.._ 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 cNin.1ywt:o^S L1nAzi, thic� Annnaa_flmen4 Phil%ir® by thn S:.'^rreccfI4I hi_lrler to gnmos ire r%e% :pliu.^.,e ::iith +Hio prnwioinn 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 X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. 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 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/Purchasing Director 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 BID REQUEST # Page 6 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 necessaryto 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 shaft 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. 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 BID REQUEST #B2100105 Page 7 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 gdiscovery period will be pV//4 Or�(1,gA Fl w 0 r.., .; A h. afA InTr M \ {ze -M I..r. r l • \4M .,8 4I.. __ 6.n I i .a PI/ ..sa A,4P 41. e. I 'a nl... i.,4 \e, / nI W I PV cncl LIOQU Iui a },ice Ivu ui IVYt.) kc) ycae a ucyu n Ili Iy at a IC uI I IC VV VI n UI IUCI a 110 vu! ILI aul. IC t.ul I IpIctcu. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, 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 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 #B2100105 Page 8 • 1r Weld County Government is soliciting bids from contractors to construct a new Public Works Storage Building. The location of the new building is on the Public Works Complex located at 1111 H Street Greeley, CO 80631. Attached is the construction documents for this project. The scope of the project includes: 1. Provide and construct a clear span steel frame storage building 90' x 176' x 16' tall building (no windows) with appropriate tenant finishes. 2. Pitch on all buildings must be a 2/12. 3. Appropriate girts, purlins, carriers, and grade boards as detailed by engineered design. 4. Appropriate trim (ridge, rake, eave, corner, etc.) installed to provide a finished appearance. 5. Colors must be approved by Director of Facilities and be color matched, so they match existing buildings in the complex. 6. All construction must be permitted and comply with County Building codes. Fees for permitting through the County will be paid for by the County directly and should not be included in the proposal. 7. Contractor will coordinate all utility installations and startup and be responsible for connections and installation. Fees for utility startup will be paid for by the County directly to the utility provider. 8. Geotechnical and soils testing for construction has been performed and will be provided to the awarded bidder. 9. All foundation/site work and soil compaction will be verified by County's third -party inspector prior to any vertical erection. 10. Contractor must develop a stormwater management program (SWMP) that meets EPA and State of Colorado requirements. In addition, the contractor shall meet Weld County Public Works SWMP requirements. Contractor will be the operator for such permits and will be responsible for any violations / fines for non-compliance with the regulatory requirements. 11. Payment (100% of contract price) and Performance (100% of contract price) bonds required. No Bid bond required. NOTE: Winning contractor will be expected to enter into a standard Weld County contract for this project. A sample is available by contacting the Weld County Purchasing Department. The following is a listing of dates for this project: Date of this Bid Advertisement Date Pre -Bid Conference Bids Are Due Contract Award Contract Execution Construction Start Certificate of Occupancy Construction End May 28, 2021 May 28, 2021 June 14, 2021 June 30, 2021 July 21, 2021 July 28, 2021 Immediately upon contract execution February 15, 2022 March 1, 2022 a�F 'Ne'.rv.Y v.n n . ^J t BID • #132100105 • I •'. • iYrartI.ivij::r;I9.rI..::.....:::. i.j.!. t1;f..iiu.tIThILiJtdj Construction•' Provide lump sum pricing for this construction. 3 aT i A.V. — a TP. OIHfi LJH{C ♦ my -T1Al ✓�!i-� ... P.r..': Yn r- d %Y.-.�.� -.. l a-...�.� rv��r---aY'TR klT+a��5rnrvTrvc.��r-vM—�-0.4rrv-�.-.tee-�.�^.m+Tae �aFrT I�.�.v... �.. b _ -. i - i 1! 1 '.• i 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #82100105. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, TELEPHONE NO SIGNATURE STATE, FAX E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** _ 1 . ____ t:_fl.] _ . ATTEST: Weld County Clerk to the Board ni :• !• • h! •l, C WELD COUNTY, COLORADO Elected Official or Department Head Controller/Purchasing Director CODE BID REQUEST #B2100105 Page 11 Public Works Storage Building 1. Note #5 on page All reference the warranty requirements: Please specify if the 20 -year weathertightness warranty is going to be enforced. Answer: Yes. 2. Please clarify which desired roof slope is correct as the drawings page All states lowest possible, while the specs P. 9 states the slope must be 2:12. Answer: Per plans: Pre-engineered metal building supplier to provide roof framing system with lowest pitch possible for clear span application. 3. Please clarify a desired wall insulation R -value. Answer: Energy saver insulation system R-25 batt insulation hung on metal clips between girts continuous vapor barrier installed over insulation. 4. Please clarify if Varco Pruden, Nucor, MBCI, Mueller be allowed as pre-engineered metal building manufacturers. Answer: PEMB must meet specifications to include custom color. 5. Please clarify if there is a specified collateral load for the structure. Answer: Please reference our sheet 501. We state that the dead load shall be determined by the PEMB supplier. We have specified NO additional dead (collateral) load. In making this statement, we have made the following assumptions: 1. The PEMB supplier will include some misc. dead load for MEP/sprinklers. 2. The is no desire for future rooftop P -V. 6. Drawing C1.0 a. The asphalt, is that just a road/drive? Or is there asphalt all around the building? Please clarify location. Answer: Asphalt is all around where building will be. b. Detail 2, what is the thickness of the concrete at overhead doors? Answer: Refer to detail 2/C1.0. 7". c. Drawing says to reference Plumbing for the Sand/Oil Interceptor. Plumbing drawings says SOI design is by others. Who is designing the SOI? Answer: The interceptor is to be designed by the supplier. It will probably be a custom unit due to the site constraints. d. What size is the gas line? Answer: This will be sized by the gas company. ii 7. Drawing M-1 a. Parking Garage Ventilation, is the GC to design build the Control System? Answer: It will be the responsibility of the GC to include. 8. Surveying by GC or owner? Answer: By GC. 9. Drawing A03 list (3) options for the fire barrier wall. Do you want pricing for all 3, with 5a and 5b being alternates? Or can we just bid the option that we want to use? Answer: GC may choose option. 10. You want an alternate for vision lites in OHD? Answer: No lites required. 11. Owner will provide testing/inspection? Answer: Materials testing will be done by 3'd party provided by owner. 12. General Roof Note ion All: PEMB supplier to provide roof framing system with lowest pitch possible for clear span application. However, the Weld County Work Scope in the ITB (item 2) states that the roof pitch on all buildings must be a 2/12. Answer: A 2/12 roof pitch is a minimum slope. If a roof pitch of 2/12 cannot be achieved in a clear span configuration for this project, provide the lowest possible pitch for clear span design. 13. General Roof Note 5 on All calls for min. 26 ga. roof panel while Note 8 calls for 24 ga. prefinished trim. Typically, the triple lock style roof seam requires 24 ga. metal to withstand the mechanical seaming operation while the trim systems are only 26 ga. Please confirm. Answer: Provide min. 24 ga. roof panels and min. 26 ga. trim. 14. General Roof Note 6 on All calls for open vents to terminate at least 12" above the roof or 12" above the anticipated snow accumulation. Please provide the County's anticipated snow accumulation. (Drawing M2 shows a 24" height above the roof line for the IR Heater exhaust stacks). Are snow diverters required for any of these roof penetrations? Answer: Install per the mechanical drawings. No diverters required. 15. General Roof Note 4 on A30 states to see roof plan for roofing and venting requirements. However, All roof plan notes do not address the roof curbs required for the large roof mounted gravity vents noted on drawing Ml. Answer: Install per mechanical drawings. 16. Is the construction schedule noted in the ITB firm (C.O. by 2/15/22) required by contract? All steel building manufacturers are experiencing longer than normal delays in their manufacturing process due to current sales volumes and steel availability. Answer: Contractor to provide estimated completion date based on projected manufacturer delivery date. P2 Exhibit B The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100105. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Landmark Builders Inc. BUSINESS 3812 Carson Avenue ADDRESS CITY, Evans TELEPHONE NO SIGNATURE **ALL BIDDERS WELD COUNTY NUMBER IS #98 ATTEST: STATE, CO 970-330-8855 FAX ALL PRO VI E - WITH David Grigsby BY (Please print) DATE June 30th, 2021 ZIP 80621 CODE TAX ID # 80-0169959 E-MAIL hannah.beyler@Iandmark-builders.com SUBMISSION OF THEIR BID** EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION 1551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1-8. Weld County Clerk to the Board BY: Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B2100105 Page 11 Weld County Public Works Storage Building Construction Bid PRICING Provide lump sum pricing for this construction. LUMP SUM PRICE FOR WORK 7► July 28th, 2021 START DATE COMPLETION DATE April 15th, 2022 BID REQUEST #B2100105 Page 10 ., Request for Taxpayer Give Form to the Form identification Number and Certification I requehter. Do not (Rev. October 2018) gepanmant of the rroastry I send to the IRS. tetanal Revenue Samce ► Go to www.bxgov/FormW9 for instructions and the latest information. 1 Name (as shown on your In -come tax return). Name is requtrad on this line; do not leave this the blank. Landmark Builders. Inc 2 Business namWdivegadod entity name, 0 different from above mO1 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to following seven boxes, certain entities, not Individuals; see pp, ❑ individual/sole proprtetoror ❑ C Corporation 0 S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): single -member LLC Exempt payee code (it any) ' ❑ Umlted lability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check theapproopelute boa kn the One above for the tax clessIficatksn of the stngla.atamber owner. Co not Check Exemption from FATCA reporting 5 LLC II the LLC to classified as a 51n91a-member LLC that is disregarded from the owner unless the owner of the LLC to from LLC that code (if any) another LLC that is not disregarded the owner for U.S. federal tax purposes. Otherwise, a single -member d V is disregarded from tiw owner should check the appropriate boa for the tax clauliicatton of Its owner. ,no U.S.) ® Other foie lnstruwtl0ee)► '4pp s'o accounts matn,svrtal outsrd. 5 Address (number, street and apt. or suite rw.) See Instructions. Requester's name and address (optional) 3812 Carson Avenue 6 Citystate. and ZIP code Evans, CO SM20 7 List account numbata) hem (optional) Taxpayer Identification Number IN Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid 8odet security number backup withholding. For individua's, this is generally your social security number (SSN). However, for a _ m resident alien, sole proprietor, or disregarded entity, see the instructions for Pert 1, later. For other - I I I I anflrioa. It is unnr amnlnuer identlflcatlon number (EINL if you do not have a number. see How to oat a TIN,later. ' or Note: If the account Is in more than one name, see the Instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or ) am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that i am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) Indicating that lam 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 sigurod property, cancellation of debt, contributions to an Individual retfrertwnt arrangement (iRA), and generally, payments other than interest and d1v1dend4k0u are not rpgtdjed to the certification, but you must provide you correct TIN. See the insl+uctions for Part 11, later. r>rr Signature of Here Ls. peraaft ► I General Instruct Section references are to the noted. Future developments. For the.Iatest Information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to wwwdrs.gov/FormW9. Purpose of Form An Individual or entity (Form W-'9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer identificaton number (iTiN), adoption taxpayer identification number (ATIN). or employer identification number (E)i), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Revenue Code unless otherwise oste ► i. • Form 1 099-DIV (dividends, lnctjfing Ihofa from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholdng. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) A`cR IJ CERTIFICATE OF LIABILITY INSURANCE DATE(M61202YYY) o7/2s/2o21 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 Valerie Love, CIC, CISR NAME: Flood and Peterson PHONE NN Ext : (970) 506-3215 Iac No): (970) 506-6865 PO Box 578 E-MAIL ADDRESS: VLove@FloodPeterson.com INSURERS) AFFORDING COVERAGE NAIC # Greeley, CO 80632 INSURER A: National Fire Insurance Co of Hartford 20478 INSURED INSURERS: The Continental Insurance Company 35289 INSURERC: PinnacolAssurance 41190 Landmark Builders Inc. INSURER 0: 3812 Carson Avenue INSURER E: Evans, CO 80620 INSURER F: COVERAGES CERTIFICATE NUMBER: 2021-2022 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTA N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE IND 'MID POLICY POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 [1 DAMAGE TO RENTED 100,000 CLAIMS -MADE OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ 15,000 PERSONAL&ADVINJURY $ 1,000,000 A Y 6018286131 05/01/2021 05/01/2022 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑X JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO B OWNED SCHEDULED 6018286145 05/01/2021 05/01/2022 BODILY INJURY (Per accident) $ AUTOS ONLY I I AUTOS PROPERTY DAMAGE $ HIRED NON -OWNED X AUTOS ONLY AUTOS ONLY (Per accident) X $ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB I CLAIMS -MADE 6018286162 05/01/2021 05/01/2022 AGGREGATE $ 5,000,000 DED I >(I RETENTION $ 10,000 $ WORKERS COMPENSATION X OETH AND EMPLOYERS' LIABILITY Y/ N STATUTE E.L. EACH ACCIDENT $ 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA 4123307 05/01/2021 05/01/2022 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 Limited Jobsite Pollution Liabiltiy A 6018286131 05/01/2021 05/01/2022 $2,000,000Agg $1,000,000 Occ DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) RE: Public Works Storage Building 1111 H Street Greeley, CO 80531 Weld County , its elected officials, and its employees are included as Additional Insured as required by written contract with respects to liability arising out of work performed by the named insured. Weld County 1150 O Street Greeley CO 80631 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD New Contract Request Entity Information Entity Name LANDMARK BUILDERS INC Contract Name * PUBLIC WORKS STORAGE BUILDING Contract Status CTB REVIEW Entity ID* p00000903 ❑ New Entity? Contract ID 5062 Contract Lead SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Contract Description * CONSTRUCT A NEW STORGAE BUILDING FOR PUBLIC WORKS DEPARTMENT Contract Description 2 Contract Type * Department CONTRACT BUILDINGS AND GROUNDS Amount Department Email 51,456,546.00 CM- BuildingGrounds@weldgov.c Renewable* om NO Department Head Email Automatic Renewal CM-BuildingGrounds- DepiHeadCaweldgov.com Grant County Attorney GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY,9WELDG OV.COM if this is a renewal enter previous Contract ID If this is part of a MSA enter RASA Contract ID Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 07124; 2021 07/282021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be induded? YES Bid /RFP # * 82100105 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date * Renewal Date 07 1 32022 Termination Notice Period Committed Delivery Date Expiration Date 07,`25 ,`2022 Contact Information Contact Info Contact Name Purchasing Purchasing Approver ROB TURF Approval Process Department Head TOBY TAYLOR DH Approved Date 07 28 2021 Final Approval BOCC Approved BOCC signed Date BOCC Agenda Date 08,04/2021 Originator SGEESAMAN Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approved Date 07,28;2021 Finance Approver CHRIS D'OVIDJO Finance Approved Date 0728 2021 Tyler Ref # AG 080421 Legal Counsel BOB CHOATE Legal Counsel Approved Date 07=282021 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 July 19, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Public Works Storage Building; B2100105 As advertised this bid is for new Public Works Storage Building. The low bid from Landmark Builders Inc. meets specifications. Therefore, Facilities is recommending the award to Landmark Builders Inc. for $1,456,546.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 'of- /753 �Ia.l ooa3 WELD COUNTY PURCHASING 1150O Street, Room #107, Greeley, 0O 80631 E -Mail: cmr)eters(a)_weldgov.com E-mail: reverett(weldgov.com E-mail: rturfa-weldgov,com Phone: (970) 400-4223, 4222 or 4216 DATE OF BID: JUNE 30, 2021 REQUEST FOR: PUBLIC WORKS STORAGE BUILDING DEPARTMENT: FACILITIES BID NO: B2100105 PRESENT DATE: JULY 7, 2021 APPROVAL DATE: JULY 21, 2021 COMPLETION VENDOR TOTAL START DATE DATE LANDMARK BUILDERS, INC $1,456,546.00 07/28/21 04/15/22 3812 CARSON AVE EVANS, CO 80620 SWIFT BUILDERS, LLC $1,505,790.00 04/01/22 07/15/22 2000 SOUTH COLLEGE AVE, STE 310 FORT COLLINS, CO 80525 TCC CORPORATION $1,563,000.00** 09/06/21 02/28/22 609 GYRFALCON CT, UNIT D WINDSOR, CO 80550 GROWLING BEAR CO INC $1,583,467.00 08/01/21 03/01/22 2330 4TH AVE GREELEY, CO 80631 AMERICAN CONSTRUCTION SERVICES, LLC $1,612,129.00 01/15/22* 04/15/22* 1905 W 8TH ST, STE 209 LOVELAND, CO 80538 BUILDINGS BY DESIGN $1,785,111.00 10/01/21 02/16/22 515 INDUSTRIAL PARK RD BRUSH, CO 80723 BAKER BUILDERS $1,841,499.00 10/01/21 03/01/22 5660 IRIS PARKWAY FREDERICK, CO 80504 CALAHAN CONSTRUCTION SERVICES $1,878,000.00 07/10/21 04/30/22 1661 WADSWORTH BLVD LAKEWOOD, CO 80214 HARRIS CONSTRUCTORS INC $2,068,205.98 08/01/21 03/2022 3005 W 29TH ST, #C GREELEY, CO 80631 2021-1753 r71'1 BAWQ3 PAGE 2 REQUEST FOR: PUBLIC WORKS STORAGE BUILDING DEPARTMENT: FACILITIES BID NO: B2100105 *START AND COMPLETION DATES PENDING LEAD TIME ON BUILDING ONCE ORDER IS PLACED. **ALTERNATE 1: ADD 1 ROW OF VISION LITES TO 12 OVERHEAD DOORS - ADD $7,741.00 **ALTERNATE 2: CONNECT CONTROL SYSTEM FOR PROJECT TO WELD COUNTY GLOBAL SYSTEM - ADD $8,766.00 **ALTERNATE 3: EXTEND SCHEDULE TO 06/15/22 COMPLETION DATE, SHOP DRAWINGS MUST BE APROVED WITHIN 5 WEEKS OF AWARD. - DEDUCT ($32,000.00) *THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. Hello