HomeMy WebLinkAbout20194730.tiffAugust 30, 2022
Corrha�-�b�k�2sF�
FACILITIES DEPARTMENT
PHONE: (970) 304-6531
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
To: Board of County Commissioners
From: Toby Taylor
Subject: Snow Removal Services; Bid (B1900143)
L & M Enterprises was awarded the contract for Snow Removal Services for the South East Service Center.
L & M Enterprises has continued to meet standards. Therefore, Facilities is recommending the next one
season increment of their bid be awarded.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2olq4130
iorosi2Z ,gei60Z1
r---1
rte= ! AMENDMENT #31O AGREEMENT BETWEEN
WELD COUNTY AND L&M ENTERPRISES, INC.
This Amendment is made and entered into this 5'1"` day of eC'kp _, zOZ2 ,
by and between the Board of Weld County Commissioners, on behalf of the Facilities
Department, hereinafter referred to as the "Department", and L&M Enterprises, INC.,
hereinafter referred to as the "Contractor".
WHEREAS the parties entered into an Agreement identified by the Weld County Clerk to the
Board of County Commissioners as document No. 2019-4730, approved on November 6, 2019.
WHEREAS the parties hereby agree to amend the terms of the Agreement in accordance
with the terms provided herein.
NOW THEREFORE, the parties hereto covenant and agree that the Agreement shall be
amended as follows:
1. The current term of the Agreement ended on May 1, 2022. The term is hereby
extended for one season commencing on October 1, 2022 and ending on May 1,
2023.
2. Beginning on the first day of the new term, the 10% annual escalation shall replace
the current fee.
3. All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the
day, month, and year first above written.
CONTRACTOR:
Namelllboenc O's Lgt)
Title: c�res, R 4 �r)
Date O°I -0 -i
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ott K. James, Chair OCT 05 2022
Page 1 of 1
020/9- ,L737
A��0 DATE(MM/DD/YYYY)
� CERTIFICATE OF LIABILITY INSURANCE o„Q
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVEILY 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 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
Ewing -Leavitt Insurance Agency, Inc.
4090 C1 desdale Parkwa
y y
Suite 101
Loveland CO 80538
NAME: Renee McReynolds
Alc No E#: (970) 679-7344 FAX No: (afifi)45fi-4265
E-MAIL renee-mcreynolds@leavitt.com
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIL #
INSURER A: Selective Insurance Grou , Inc.
12572
INSURED
L & M Enterprises, Inc.
P O BOX W
735 E . Highway 56
Berthoud CO 80513
INSURERS:Pinnacol Assurance
41190
INSURER C:
INSURER D:
INSURER E :
INSURERF:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH PFOLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYpE OF INSURANCE
ADDL SUER
POLICY NUMBER
POLICY EFF
MMIDD/YYYY
POLICY EXP
MM/DDIYYYY
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE ❑X OCCUR
X Blkt Addl Insureds
X Y
S 2302880
2/1/2022
2/1/2023
EACH OCCURRENCE
$ 1, 000 , 000
DAMAGE TO RENTED
PREMISES Ea occurrence
$ 500 , 000
MED EXP (Any one person)
$ 15, 000
X Blkt Waiver Subrogation
GEN'LAGGREGATE LIMITAPPLIES PER:
POLICY PRO Llioo
OTHER:
PERSONAL &ADVINJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2, 000, 000
PRODUCTS-COMP/OPAGG
$ 2,000,000
$
A
AUTOMOBILE LIABILITY
X ANYAUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
X HIREDAUTOS X AUTOS
X Blkt Addl Insureds X BIkt WOS
X y
S 2302880
2/1/2022
2/1/2023
COMBINED SINGLE LIMIT
Ea accident
$ 1 , 000 , 000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
$
A
X UMBRELLA LIAR X OCCUR
EXCESS LIAR CLAIMS -MADE
DED RETENTION $
Follow Form
S 2302880
2/1/2022
2/1/2023
EACH OCCURRENCE
$ 5,000,000
AGGREGATE
$ 5 , 000 , 000
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? N
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
y
Blkt Waiver of Subrogation
4188429
1/1/2022
1/1/2023
X PERTUTE OTH-
STAER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE- EA EMPLOYEE
$ 1, 000, 000
E.L. DISEASE - POLICY LIMIT
$ 1 000 000
A
Contractors Equipment
$1000 deductible
S 2302880
2/1/2022
2/1/2023
Leased/Rented Equipment $150,000
Installation Floater $1, 000, 000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Weld County CO is named as additional insured; waiver of subrogation is provided in favor of the
additional insureds.
sgaesaman@weldgov.com
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Weld County Facilities Dept
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Attn : Sterling Geesaman
ACCORDANCE WITH THE POLICY PROVISIONS.
1105 H Street
AUTHORIZED REPRESENTATIVE
Greeley, CO 80631
Steve Ewing/RESTEI
V 1.'!VV'LV IY MVVRV VVRr VIt/^111 V1\. M11 111v11W 1woul\Cu.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
INS025 (201401)
New Contract Request
Entity Information
Entity Namer
Entity 1D*
❑ New Entity?
L & M ENTERPRISES INC
900020806
Contract Name*
Contract 1D Parent Contract ID
SOUTH EAST SERVICE CENTER
SNOW REMOVAL (2019-4730)
6288
Contract Status
Contract Lead?' Requires Board Approval
CTR REViEW
SGEESAMAN YES
Contract Lead Email Department Project #
sgeesamaniOco.weld.co. us
Contract Description'
ANNUAL RENEWAL AL OF SNOW REMOVAL
CONTRACT FOR THE
SOUTHEAST SERVICE CENTER
1 ANNUAL ESCALATION
Contract Description 2
Contract Type'
Department
Requested BOCC Agenda Due Date
RENEWAL
BUILDINGS AND GROUNDS
Date* 09/15/2022
09/19:2022
Amount'
Department Email
$3,327.50
CM-
will a work session with 13OCC be required?*
Build)ngGroundsaweldgov.c
NO
Renewable'
orn
NO
Does Contract require Purchasing Dept. to be included?
Department Head Email
YES
Automatic Renewal
CM-Rui)d)ngCnounds-
OeptHead@sneldgov.com [}eprHeadeldgou.corrs
Bid/RFP#*
c -ant
01900143
County Attorney
GENERAL COUNTY
FGA
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATIOENEY@WELDG
OV.COM
If this is a renewal enter previous Contract ID
if this is part of a MSA enter NSA Contract ID
Note: the Previous Contract Number and Master Services Agreement
Number should be left blank if those contracts are not in
OnRase
Contract Date
Effective Date Review Date* Renewal Date
05101 +'2023
Termination Notice Period Committed Delivery Date Expiration Date*
05/0112023
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2
Purchasing
Purchasing Approver
CHRISTIE PETERS
Approval Process
Department Head
TORY TAYLOR
DH Approved Date
09;28/2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
10105/2022
Originator
SGEESAMAN
Purchasing Approved Date
09130:`2022
Finance Approver
CHERYL PATTELLI
Finance Approved Date
0930/'2022
Tyler Ref #f
AG 100522
Legal Counsel
BRUCE BARKER
Legal Counsel Approved Date
09/30/2022
Cov kv c-\- D 5Z?1
FACILITIES DEPARTMENT
PHONE: (970) 304-6531
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
September 1, 2021
To: Board of County Commissioners
From: Toby Taylor
Subject: Snow Removal Services; Bid (81900143)
L & M Enterprises was awarded the contract for Snow Removal Services for the South East Service Center.
L & M Enterprises has continued to meet standards. Therefore, Facilities is recommending the next one
season increment of their bid be awarded.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
Zo- 4130
�ngpiy�� OR /6�120Z1 9-r,a-' i3C�OOZ�
AMENDMENT #2 TO AGREEMENT BETWEEN
WELD COUNTY AND L&M ENTERPRISES, INC.
1-Gv U< i
n
I
This Amendment is made and entered into this day of , Gk,
by and between the Board of Weld County Commissioners, on b alf cUthe Facilities
Department, hereinafter referred to as the "Department", and L&M Enterprises, INC.,
hereinafter referred to as the "Contractor".
WHEREAS the parties entered into an Agreement identified by the Weld County Clerk to the
Board of County Commissioners as document No. 2019-4730, approved on November 6, 2019.
WHEREAS the parties hereby agree to amend the terms of the Agreement in accordance
with the terms provided herein.
NOW THEREFORE, the parties hereto covenant and agree that the Agreement shall be
amended as follows:
1. The current term of the Agreement ended on May 1, 2021. The term is hereby
extended for one season commencing on October 1, 2021 and ending on May 1,
2022.
2. Beginning on the first day of the new term, the 10% annual escalation shall replace
the current fee.
3. All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment as of the
day, month, and year first above written.
CONTRACTOR:
By: TiTjti�____. `.. Date
Name:c_i �5fl
Title: c�--es� Q�nk
ATTEST:'''
Weld County Clerk to tXIi
Deputy Clerk to t
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair SEP 0 8 2021
Page 1 of 1
X1970
_JCOREF CERTIFICATE OF LIABILITY INSURANCE
��
2/3/2021
THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOTAFFIRMATIVELY 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(les) must 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
Ewing -Leavitt Insurance Agency, Inc.
4090 Clydesdale Parkway
Suite 101
Loveland CO 80538
Renee McReynolds
NE (970) 679-7344 1 PAX tip (Seel ate -ilea
aDo renee-mcreynoldsilleavitt.cam
INSURER(S) AFFORDING COVERAGE
NAIC 0
INSURERA:Clear Blue Specialty Insurance Company
37745
INSURED
L & M Enterprises, Inc.
P 0 Box W
735 E. Highway 56
Berthoud CO 80513
INSURERSsSelective Insurance Group, Inc.
12572
NSuRERC:Pinnacol Assurance
41190
INSURERD:
INSURER E:
INSURERP:
COVERAGES CERTIFICATE NUMBER:21-22 Snow 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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYOF INSURANCE
PE
POLICY NUMBER
poucyoxp
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CIAIMS.MADE D OCCUR
Blkt Additional Insureds
AP0l.U210224600
Snow Asmoval Opezations
2/1/2021
2/1/2022
EACH OCCURRENCE
S 1,000,000
PR MI
S 100,000
x
MED EXPI arm
$ 5,000
x
Blkt Waiver of Subrogation
PERSONAL a ADV INJURY
$ 1,000,000
GEMLAGGREGATELIMITAPPLIESPER:
POLICY LOG
O
GENERAL AGGREGATE
5 2,000,000
PRODUCTS-COMPIOPAGG
$ 2,000,000
S
B
AUTOMOBILE LIABSJTY
X ANYAUTO
A,LL D SCHEDULED
x MREDAUTOS x AUTOS ED
AUTOS
x BadMCS X B$tAddlnemadst
8 2302860
2/1/2021
2/1/2022
dem
$ 1,000,000
BODILY INJURY (Per Pewon)
S__
BODILY INJURY (Per eodent)
S
$
UMSREUALIAe
EXCESS LIARI
OCCUR
I CWMS-MADE
EACH OCCURRENCE
S
AGGREGATE
S
DEG I IRETERTIONS
S
ERLOUABUJTY
ANYPROPRIETORPPARTNERRE(ECUTIVE YIN
OFC (Ma^� InNM EXCLUDED?4108429
iM cry )
If vs4 desone wider
PTI N OF OPERATIONS below
N IA
iael Blanket Waiver of
Subrogation
1/1/2021
1/1/2022
X
EL EACH ACCIDENT
S 1,000,000
E.L. DISEASE . EA EMPLOYEE
S 1,000,000
E.L DISEASE -POLICY LIMIT
S 1,000.000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD lot, Additional Rematln sehed: le, may be tlhclyd N mom space Is ngulred)
GCKI11'ILAIE nuLwcK
Weld County South East Service Center
2950 9th Street
Fort Lupton, CO 80621
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
McReynolds/RESTEIwd`�h°t
reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
INS025 (201401)
New Contract Request
Entity Information
Entity Name * Entity ID * ❑ New Entity?
L & M ENTERPRISES INC ;?0020806
Contract Name * Contract ID Parent Contract ID
SOUTH EAST SERVICE CENTER SNOW REMOVAL RENEWAL 5227
(2019-4730)* Requires Board Approval
Contract Lead � '`��'�
Contract Status SGEESAMAN YES
CTB REVIEW
Contract Lead Email Department Project #
sgeesanian@co.weld.coo.us
Contract Description *
SOUTH EAST SERVICE CENTER SNOW REMOVAL CONTRACT RENEWAL
Contract Description 2
Contract Type*
Department
Requested BOCC Agenda Due Date
RENEWAL
BUILDINGS AND GROUNDS
Date* 09:09/2021
09 1 3 2021
Amount*
Department Email
S 3,02 5.00
CM-
Will a work session with BOCC be required?*
BuildingGroundsnweldgov.c
NO
Renewable*
csm
YES
Does Contract require Purchasing Dept. to be included?
Department Head Email
YES
Automatic Renewal
CM-BuildingGrounds-
DeptHead aweldgov.com
Bid/RFP #*
Grant
B1900143
County Attorney
GENERAL COUNTY
IGA
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EY@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
08 29 2022 10:012022
Termination Notice Period Committed Delivery Date Expiration Date
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
ROB TURF
Approval Process
Department Head
TOBY TAYLOR
DH Approved Date
0902,,2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
09:082021
Originator
SGEESAMANJ
Contact Type Contact Email Contact Phone I Contact Phone 2
Purchasing Approved Date
09;'93,2021
Finance Approver
CHRIS D'OVIDIO
Finance Approved Date
0902:2021
Tyler Ref #
AG090821
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
09'02;2021
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 304-6531
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
October 6, 2020
To: Board of County Commissioners
From: Toby Taylor
Subject: Snow Removal Services — Southeast Service Center Buildings; (2019-4730)
As a result of the snow removal services bid for the Human Services buildings, L&M Enterprises was
awarded contract through the winter season ending on May 1, 2020. The bid permitted an additional
one-year increment for these snow removal services using the fees identified in their bid. Buildings &
Ground is recommending the additional one-year increment from October 1, 2020 through May 1, 2021.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
20l9- W73o
3G0o2 f
== CONTRACT AGREEMENT AMENDMENT BETWEEN
THE WELD COUNTY DEPARTMENT OF BUILDINGS AND GROUNDS
AND L&M ENTERPRISES, INC.
This Agreement Amendment, made and entered into 16th day of _September . 2020, by and between the
Board of Weld County Commissioners, on behalf of the Weld County Department of Buildings and Grounds, hereinafter referred to
as the "Department", and L&M Enterprises, Inc., hereinafter referred to as the "Contractor".
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the
Board of County Commissioners as document No 2019-4730, approved on November 6th. 2019.
WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the
Original Agreement, which is incorporated by reference herein, as well as the terms provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows:
• The Original Agreement ended on May 1, 2020.
• The parties agree to extend the Original Agreement for one-year increment period, which will begin October 1. 2020. and
will end on May 1. 2021.
• The Amendment/Renewal, together with the Original Agreement, constitutes the entire understanding between the
parties.
All other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written.
CONTRACTOR:
3ykS�u s
Printed e BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
vre
Mike Freeman, Chair OCT 1 2 2020
ATTEST:
Weld C unty I k to Boa d
APPROVED AS TO S TAN CE:
BY:
Deputy Clerk t he Board —"-
1&61 Elected Official or Department Head
APPROVED AS TO FUNOING/) n
Controller
APPRO ED AS TO FORM:
County Attorney
c2019'V TO
ACORO CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDONYYY)
��
1/21/2020
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(les) must 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 CONT: Renee McReynolds
Ewing -Leavitt Insurance Agency, Inc.
PHONE (970) 679-7344 I IA/FAC NO: (966)425-6100
4090 Clydesdale Parkway
ADDRESS:renee-mcreynolds@leavitt.com
Suite 101
INSURERISI AFFORDING COVERAGE
NAIC #
INSURERA:CM Vantage Specialty Insurance Company
41297
Loveland CO 80538
INSURED
INSURERS: Selective Insurance Company o£ America
12572
L & M Enterprises, Inc.
INsuRERc:Pinnacol Assurance
41190
735 E Highway 56
INSURERD:
PO Box W
INSURER E:
Berthoud CO 80513
INSURERF:
VVY crsn'co 1..CIC I Ir'1l.Alr NUIv,ne IC'GV-C1 Snow WFXIMlllal 551151.000.
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 MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
SUER
POLICY NUMBER
POLICY EFF
POLICY EXP
M M1DD Y
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE ❑X OCCUR
I
EACH OCCURRENCE
$ 1,000,000
DAMAGE TO RENTED
PREMISES IEa occurrence
$ 100, 000
X
MED EXP (Any one person)
$ EXCL
Blkt Addl Insureds
CHV-PLI-0018453-01
2/15/2020
2/15/2021
X
Blkt MOS
PERSONAL BADVINJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY Q JETO. LOC
GENERALAGGREGATE
$ 2,000,000
SNOW REMOVAL OPERATIONS
PRODUCTS-COMP/OPAGG
$ 2,000,000
$
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$ 1,000,000
X
BODILY INJURY (Per person)
$
B
ANYAUTO
AA JLTOSS MED ASUTOSDULED
S 2302880
2/1/2020
2/1/2021
BODILY INJURY (Per accident)
S
HIRED AUTOS X NON -OWNED
AUTOS
X
PROPERTY DAMAGE
Par
$
X
$
ri
BIIIAdi Insureds X 11111 WOS
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
OEO El RETENTION
$
C
WORKERS COMPENSATION
WORKERS EMPLOYERS' LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED? ❑
(Mandatoryin NH)
If yes, describe under
NIA
inal Blanket Waiver of
Subrogation
4188429
1/1/2020
1/1/2021
X PER (0TH -
E.L. EACH ACCIDENT
—
$ 1 000,000
E.L. DISEASE- EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1 000,000
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
VCR I Ir'IbMI C I1:uLUCR I:ANGELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Weld County South East Service Center THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
2950 9th Street
Fort Lupton, CO 80621
AUTHORIZED REPRESENTATIVE
teve Ewing/RESTEI
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
INS025 (201401)
RESOLUTION
RE: APPROVE AGREEMENT FOR SNOW REMOVAL SERVICES AT SOUTHEAST
SERVICE CENTER AND AUTHORIZE CHAIR TO SIGN - L&M ENTERPRISES, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for Snow Removal
Services at Southeast Service Center, between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Buildings and Grounds, and L&M Enterprises, Inc., commencing upon full execution of signatures,
with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for Snow Removal Services at Southeast Service Center,
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and
L&M Enterprises, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of November, A.D., 2019.
ATTEST: �j�Q/�/ W. ..�Cl�►•ei
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
D
Date of signature:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
arbara Kirkme er, Chai
Mike Freeman, Pro -Tern
EXCUSED
Seani. Co
CG:$GCTT(SG7. pUR
2/2-°/I9 2019-4730
BG0021
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 400-2020
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
October 9, 2019
To: Purchasing
From: Toby Taylor
Subject: Southeast Service Center Parking Lot & Sidewalk Snow Removal
As, this informal bid is for snow removal for the Southeast Service Center parking lot and sidewalks. The
low bid is from L&M Enterprises and meets specifications. In addition, there is an option for three one-
year renewal options with a 10% escalation rate for each subsequent year. Therefore, Buildings &
Grounds is recommending award to L&M Enterprises for a total of $2,500.00 per each full removal and
$1,800.00 per each partial removal needed.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
WELD COUNTY AGREEMENT FOR SERVICES
BETWEEN WELD COUNTY & L&M ENTERPRISES INC.
THIS AGREEMENT is made and entered into this day of'l '? , 201 /, by
and between the County of Weld, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners, whose address is 1 150 "0" Street, Greeley, Colorado
80631 hereinafter referred to as "County," and L&M Enterprises, Inc., a corporation, whose
address is 735 E. HWY 56; P.0.Box W Berthoud, CO. 80513 hereinafter referred to as
"Contractor".
WHEREAS, County requires an independent contractor to perform the services required
by County and set forth in Exhibits A and B; and
WHEREAS, Contractor is willing to perform and has the specific ability to perform the
required Services at or below the cost set forth in Exhibit B:
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
Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are
specifically incorporated herein by this reference. County and Contractor acknowledge and agree
that this Agreement, including specifically Exhibits A and B, define the performance obligations
of Contractor and Contractor's willingness and ability to meet those requirements.
Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No.
B1900143". The RFB contains all of the specific requirements of County.
Exhibit B consists of Contractor's Response to County's Request for Bid. The Response
confirms Contractor's obligations under this Agreement.
2. Service or Work. Contractor 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 described in Exhibits A and B which
is attached hereto and incorporated herein by reference. Contractor shall further be responsible
for the timely completion and acknowledges that a failure to comply with the standards and
requirements of Exhibits A and B within the time limits prescribed by County may result in
County's decision to withhold payment or to terminate this Agreement.
2019-4730
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement
by County, and shall continue through and until Contractor's completion of the responsibilities
described in Exhibits A and B. 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. Therefore, within the thirty (30) days preceding the
anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this
Contract.
4. 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.
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.
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.
6. Compensation/Contract Amount. Upon Contractor's continued successful completion
of the work, and County's acceptance of the same, County agrees to pay $1,800.00 for each Partial
Snow Removal & $2,500.00 for each Full Snow Removal as defined in Exhibit A, which is the
bid set forth in Exhibit B. Contractor 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 Weld County, or by formal resolution of the Weld County Board of County
Commissioners, as required pursuant to the Weld County Code.
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.
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 from County as a result of the execution of this Agreement. Contractor shall
perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible
for its acts and those of its agents and employees for all acts performed pursuant to this Agreement.
Contractor, its employees and agents are not entitled to unemployment insurance or workers'
compensation benefits through County and County shall not pay for or otherwise provide such
coverage for Contractor or any of its agents or employees.
S. 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 Project without County's prior
written consent, which may be withheld in County's sole discretion.
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.
10. Confidentiality. Confidential financial information of Contractor should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the
top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld
County must comply with the provisions of 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 services performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions
of this Agreement. Contractor further represents and warrants that all 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.
12. Acceptance of Services Not a Waiver. 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. Acceptance by the County of, or payment for, the
services 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 and Indemnification.
General Requirements: Contractors/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.
Contractors/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 insurance coverage's specified in this Agreement are the minimum requirements, and
these requirements do not decrease or limit the liability of Contractor/Contract
Professional. 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 this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The
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.
INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against injury, loss damage, liability, suits,
actions, 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 Contractor to conform to any
statutes, ordinances, regulation, 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. This paragraph shall survive
expiration or termination hereof.
Types of Insurance: The Contractor/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 Contractor'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 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 with the minimum limits as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products & completed operations aggregate;
$1,000,000 personal advertising
injury
Automobile Liability: Contractor/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.
Contractors/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 Contractor/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, Contractor/Contract Professional's insurer
shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer
shall waive
subrogation rights
against County.
Subcontractors: All subcontractors, subcontractors, independent Contractors, 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 coverage's required of Contractor/Contract Professional.
Contractor/Contract Professional shall include all such subcontractors, independent
Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall
ensure that all subcontractors maintain the required coverages. Contractor/Contract
Professional agrees to provide proof of insurance for all such subcontractors,
independent Contractors, sub -vendors suppliers or other entities upon request by the
County.
1.4. 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.
15. Examination of Records. To the extent required by law, the Contractor agrees that an
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.
16. 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.
17. 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. The
County Representative for purposes of this Agreement is hereby identified as, Toby Taylor, Weld
County Director of Buildings and Grounds.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contractor: L&M Enterprises, Inc.
Attn: Justus Bebo- President
Address: 735 E. HWY 56 P. O. Box W
Address: Berthoud, CO 80513
E-mail: iibebo c7,lmenterprisesinc.com
Telephone: (970) 532-3706
County:
Name: Toby Taylor
Position: Director of Buildings and Grounds
Address: 1105 1-1 Street, Greeley, CO 80632
Address: PO Box 758
E-mail: ttaylor(�,weldgov.com
Facsimile: 970.304.6532
18. 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.
19. 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.
20. 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.
21. 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.
22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-
50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement.
23. 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.
24. Governmental Immunity. No term or condition of this 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.
25. 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.
26. 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.
27. 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.
28. 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 contract. Contractor will confirm the employment eligibility of all employees who are newly
hired for employment in the United States to perform work under this Agreement, through
participation in the E -Verify program or the State of Colorado program established pursuant to
C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien
to perform work under this Agreement or enter into a contract with a subcontractor that fails to
certify with Contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or
State of Colorado program procedures to undertake pre -employment screening or job applicants
while this Agreement is being performed. If Contractor obtains actual knowledge that a
subcontractor performing work under the public contract for services 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 an
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 of the other requirements of the State of Colorado program. If Contractor fails to comply
with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate
this Agreement for breach, and if so terminated, Contractor shall be liable for actual and
consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state funds under the contract, Contractor must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United
States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits
provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or
affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise
lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms
of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms
of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
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.
&7�
IN W THE S WHEREOF, the parties hereto have signed this Agreement this day of
2019.
CONTRACTOR:
L&M Enterprises, Inc.
Date
1
WELD COT
ATTEST:
Weld O6anty Clerk to t
[:1s
V ;t, BOARD OF COUNTY COMMISSIONERS
e BQerd Y WELD COUNTY/,COLORADO ,
Deputy Cl c to the ��� Barbara Kirkmey r, Chair 40V 0 0 2019
REQUEST FOR BID
WELD COUNTY, COLORADO
1150O STREET
GREELEY, CO 80631
Exhibit A
DATE: SEPTEMBER 30, 2019
BID NUMBER: B1900143
DESCRIPTION: SOUTHEAST SERVICE CENTER SNOW REMOVAL
DEPARTMENT: BUILDINGS & GROUNDS
BID OPENING DATE: OCTOBER 3, 2019
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:
SOUTHEAST SERVICE CENTER SNOW REMOVAL
A pre -bid conference will be held on October 3, 2019 at 9:00 AM, at the Southeast Services building located
at 2950 9th Street, Fort Lupton, CO 80621.
Bids will be received at the Office of the Weld County Purchasing Department in the Weld County
Administration Building, 1150 O Street, Room #107, Greeley, CO 80631 until: October 8, 2019, at 10:30 AM
(WELD COUNTY PURCHASING TIME CLOCK).
PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST
NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE
APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8.
2. INVITATION TO BID:
Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise
and/or equipment shall be delivered to the location(s) specified herein
Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts,
and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the
bid.
You can find information concerning this request at two locations: On the Weld County Purchasing website
at https://www.weldgov.com/departments/purchasing/bids proposals located under "Bids / Proposals /
Tabulations". And, on the Bidnet Direct website at https://www.bidnetdirect.com/. Weld County Government
is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple
non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and
awards on this one centralized system.
C •I 9 - - • - • •j'i ii 'Ii irqlir.i.ii
1. Email. Emailed bids are preferred. Bids may be emailed to: b i d s c we I d g o v. co m. 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. If more than one copy of the bid is requested, you
must submit/mail hard copies of the bid proposal.
2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the
bid title and bid number on it. Please address to Weld County Purchasing Department, 1150 O Street, Room
#107, Greeley, CO 80631. Please call Purchasing at 970-400-4222 or 4223 if you have any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each
bid must give the full business address of bidder and be signed by him with his usual signature. Bids by
partnerships must furnish the full names of all partners and must be signed with the partnership name by one
of the members of the partnership or by an authorized representative, followed by the signature and title of the
person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the
name of the state of the incorporation and by the signature and title of the president, secretary, or other person
authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the
signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other
title without disclosing his principal, may be held to be the bid of the individual signing. When requested by
the Weld County Controller/Purchasing Director/Purchasing Director, satisfactory evidence of the authority of
the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the
signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed
by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements,
specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be
fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to
use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The
Bid Proposal must be filled out completely, in detail, and signed by the Bidder.
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/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/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
Proposal contained herein (including, but not limited to the product specifications and scope of services), the
formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County
Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair
of the Board of County Commissioners.
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.
BID REQUEST #B1900143 Page 2
§8-17.5-102(5)(c). Successful bidder 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 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.
C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a
BID REQUEST #B1900143 Page 3
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.
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
BID REQUEST #B1900143 Page 4
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. In addition to the foregoing warranties, Contractor is aware
that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period
during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or
performance.
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 any cause
beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes
or Governmental actions.
BID REQUEST #B1900143 Page 5
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 etseq. 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
business or personal activities or practices or maintain any relationships which actually conflicts with or in any
way appear to conflict with the full performance of its obligations under this Agreement. Failure by the
successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate
termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's
family shall serve on a County Board, committee or hold any such position which either by rule, practice or
action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the
successful bidder.
T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of the
parties.
U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall
be null and void.
V.
Board of County Commissioners of
Weld County Approval: This Agreement
shall
not be valid until
it has
been approved by the Board of County
Commissioners of Weld County, Colorado
or its
designee.
W. Compensation Amount: Upon the successful bidder's successful completion of the service, and
County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted
bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless
a "change order" authorizing such additional payment has been specifically approved by the County's
delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required
pursuant to the Weld County Code.
X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and
the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at
overtime and/or double time rates for work done outside of normal business hours unless specifically
authorized in writing by County.
6. INSURANCE REQUIREMENTS
General Requirements: Successful bidders 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. Successful bidders 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/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 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 Successful bidder. Successful bidder shall be responsible forthe payment of any deductible or self -
insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to
County, in the amount of the deductible or self -insured retention to guarantee payment of claims.
BID REQUEST #B1900143 Page 6
The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do
not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits
contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the
performance of the work under this Contract by the Successful bidder, its agents, representatives, employees,
or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent,
maintain higher limits and/or broader coverages. The successful bidder 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 successful bidder shall maintain, at its own expense, any additional
kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this
Agreement. Any modification to these requirements must be made in writing by Weld County.
The successful bidder stipulates that it has met the insurance requirements identified herein. The successful
bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and
services provided, the timely delivery of said services, and the coordination of all services rendered by the
successful bidder and shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies.
INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, 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 successful bidder to
conform to any statutes, ordinances, regulation, law or court decree. The successful bidder 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 successful bidder 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 successful bidder 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 successful bidder 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 successful bidder 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 successful bidder 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 successful bidder'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
successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such
successful bidder or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured
contract, and defense costs, with the minimum limits must be 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
Automobile Liability: Successful bidder 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.
BID REQUEST #B1 900143 Page 7
Successful bidders 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 Request for Bid.
Proof of Insurance: County reserves the right to require the successful bidder 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, Successful bidder's insurer shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against
County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other
entities providing goods or services required by this Agreement shall be subjectto all of the requirements herein
and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall
include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds
under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder
agrees to provide proof of insurance for all such subcontractors, independent contractors, 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 #B1900143 Page 8
DESCRIPTION
This bid is for the snow removal from parking lots and the clearing of associated sidewalks at the Southeast Service
Center located at 2950 9th Street, Fort Lupton, CO.
FULL REMOVAL SPECIFICATIONS
1.
Snow shall be
removed
from parking lots and all adjacent/campus sidewalks each weekday (Monday through Friday).
2.
Snow must be removed
before 0700 hours each weekday of snowfall more than one inch in depth.
3.
Snow is to be
piled on the property at locations that do not interfere with traffic flow.
4.
With each full
removal,
ice melt shall be spread on all sidewalk areas.
5.
Provide price
below for
FULL REMOVAL.
PARTIAL REMOVAL SPECIFICATIONS
1. If snow continues through the day, Contractor is expected to return to site and remove snow greater than one -inch in
depth.
2. Contractor will coordinate arrival and departures with Building & Grounds representative.
3. Contractor will not perform partial removals past 5 PM each weekday. However, depending on storm, Contractor may be
called to remove snow to allow the Sheriff's office to be able to access the lot.
4. Contractor shall remove snow from all campus sidewalks.
5. Contractor shall plow drive paths in parking lot.
6. Removal of snow between parked cars is not required.
7. Snow is to be piled on the property at locations that do not interfere with traffic flow.
8. With each partial removal, ice melt shall be spread on all sidewalk areas.
9. Provide price below for PARTIAL REMOVAL.
OTHER
1. Specify the type of equipment and quantities that will be used for your operation to fulfill this scope of work.
2. The quoted price for FULL REMOVAL or PARTIAL REMOVAL will be for completing all of these at the same time.
3. Bid will be for a one-year period with an optional renewal period up to three years (evaluated annually). The initial
contract dates are from October 1, 2019 until May 1, 2020.
4. In addition, provide escalation percentage based on each subsequent year.
PRICING
FULL REMOVAL $
PARTIAL REMOVAL $
ANNUAL ESCALAT►ON
__.. Ki.c. &.:i.l.f:.1jtI .ft]S.I1 t.. _. IlL Lit LI.WLP.1tL!1 tt'A 441 ,IS1Ij ..11:1
:9r;.r, s. ..� mLA!r. u '✓> d.fl +LFd v,�, c £,. FaM ."Y .' �:r%y ,.a �p TAY r.W. w...-:... . ...r v �yem .wrc 'a.. .. .. . . ,c c ^a x Iw U
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. #B1900143.
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
BUSINESS
ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE NO FAX TAX ID #
PRINTED NAME AND TITLE
SIGNATURE
E-MAIL
DATE
**ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -8.
ATTEST:
Weld County Clerk to the Board
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Barbara Kirkmeyer, Chair
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
Controller/Purchasing Director
BID REQUEST #81900143
Page 10
iX �L �� b DESCRIPTION
SOUTHEAST SERVICE CENTER
PARKING & SIDEWALK LOTS SNOW REMOVAL
This bid is for the snow removal from parking lots and the clearing of associated sidewalks at the Southeast Service
Center located at 2950 9th Street, Fort Lupton, CO.
FULL REMOVAL SPECIFICATIONS
1. Snow shall be removed from parking lots and all adjacent/campus sidewalks each weekday (Monday through Friday).
2. Snow must be removed before 0700 hours each weekday of snowfall more than one inch in depth.
3. Snow is to be piled on the property at locations that do not interfere with traffic flow.
4. With each full removal, ice melt shall be spread on all sidewalk areas.
5. Provide price below for FULL REMOVAL.
PARTIAL REMOVAL SPECIFICATIONS
1. If snow continues through the day, Contractor is expected to return to site and remove snow greater than one -inch in
depth.
2. Contractor will coordinate arrival and departures with Building & Grounds representative.
3. Contractor will not perform partial removals past 5 PM each weekday. However, depending on storm, Contractor may be
called to remove snow to allow the Sherriff's office to be able to access the lot.
4. Contractor shall remove snow from all campus sidewalks.
5. Contractor shall plow drive paths in parking lot.
6. Removal of snow between parked cars is not required.
7. Snow is to be piled on the property at locations that do not interfere with traffic flow.
S. With each partial removal, ice melt shall be spread on all sidewalk areas.
9. Provide price below for PARTIAL REMOVAL.
OTHER
1. Specify the type of equipment and quantities that will be used for your operation to fulfill this scope of work.
2. The quoted price for FULL REMOVAL or PARTIAL REMOVAL will be for completing all of these at the same time.
3. Bid will be for a one-year period with an optional renewal period up to three years (evaluated annually). The initial
contract dates are from October 1, 2019 until May 1, 2020.
4. In addition, provide escalation percentage based on each subsequent year.
PRICING
FULL REMOVAL $_2.500 '
PARTIAL REMOVAL $_t00 00
ANNUAL ESCALATION tO'Ip %
A ore -bid conference will be held on October 3.. 2019 at 9:00 AM at the Southeast Services building
located at 2960 9th Street, Fort Lupton, CO.
Bids will be received up to, but not later than October 8, 2019 at 10:30 AM (WELD COUNTY
PURCHASING TIME CLOCK)
BID REQUEST #81900143 Page 9
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. #B1900143.
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 L M f El'SS
BUSINESS
ADDRESS ] 3S C- _N�p-t- .sC : d . S3x
CITY, STATE, ZIP CODE E�,TEt G.J L( S 13
TELEPHONE NO 10- 5-SZ- 3106 FAX 91t1- 19�- 11k1S TAX ID # 8'-{-y"1Q3b48
PRINTED NA
SIGNATURE
DATE U)T( Rod
**ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8.
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Barbara Kirkmeyer, Chair
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
Controller/Purchasing Director
BID REQUEST #81900143 Page 10
Farm
W.
Request for Taxpayer
Give Form to the
(Rev. December2o14)
Identification Number and Certification
requester. Do not
Department of the Treasury
i
send to the IRS.
(eternal Revenue Service
I Name (as shown on your income tax return). Name is required on this line: do not leave this fine blank.
L and M Enterprises, Inc.
N
2 Business name/disregarded entity name, it different from above
m
rn
m
a
3 Check appropriate box for federal tax classification: check only one of the following seven boxes:
4 Exemptions (codes apply only to
p
❑ Individual/sole proprietor or Q C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate
certain entities, not individuals: see
instructions on page 3):
N
d e
a o
single -member LLC
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P= partnership) ►
Exempt payee code (if any)
2
Note. For a single -member LLC that is disregarded, do not check LLC: check the appropriate box in the line above for
Exemption from FATCA reporting
Z'j
the tax classification of the single -member owner.
code (if any)
C
a o
❑ Other (see instructions) ►
A45viai ro ac_avnrc,.s.rivrvv urrs;ve:ne US i
u5
Address (number, street, and apt. or suite no.)
Requester's name and address (optional)
a
PO Box W
m
6 City, state, and ZIP code
Berthoud, CO 80513
7 List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals, this is generally your social security number (SSN). However, for a �
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other —-
entities, it is your employer identification number (ElN). If you do not have a number, see How to get a
TIN on page 3. or
Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Employer identification number
guidelines on whose number to enter. F�
8 4 _ �{
8 4 0 7 0 3 ti 4 8
Under penalties of perjury, I certify that:
The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on oaoe 3. — A
ere I Signature of y ,- _ _ � tA~ jL � S [
He
re U.S. arson ► 1„%Date ►
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W-9 (such
as legislation enacted after we release it) is at www.irs.gov/fw9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information
return with the IRS must obtain your correct taxpayer identification number (TIN)
which may be your social security number (SSN), individual taxpayer identification
number ((TIN), adoption taxpayer identification number (ATIN), or employer
identification number (EIN), to report on an information return the amount paid to
you, or other amount reportable on an information return. Examples of information
returns include, but are not limited to, the following:
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-8 (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 tnterjsl), 1098-E (student loan interest), 1098-T
(tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S, person (including a resident alien), to
provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject
to backup withholding. See What is backup withholding? on page 2.
By signing the filled -out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership income from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are
exempt from the FATCA reporting, is correct. See What is FATCA reporting? on
page 2 for further information.
Cat. No. 10231 X Form W-9 (Rev. 12-2014)
ACCORQ®
�,. CERTIFICATE OF LIABILITY INSURANCE
DATE (MMMDIYYVY)
1/29/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must 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 endorsemen s
PRODUCER
Ewing -Leavitt Insurance Agency, Inc.
4090 Clydesdale Parkway
Suite 101
Loveland CO 80538
CONTACT Renee McReynolds
PHO (970) 679-7344 fFNc (866)425 6160
4ML renee-mcreynolds@leavitt.con
INSURERS AFFORDING COVERAGE
"CO
INsuRERR :Scottsdale Insurance Company
41297
INSURED
L & M Enterprises, Inc.
P 0 Box W
735 E. Highway 56
Berthoud CO 80513
MSURERa:8elective Insurance Company
12572
INsuRERc:Pinnacol Assurance
41190
INSURER D:
COVERAGES CERTIFICATE NUMBER:19-20 snow REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCEB
POLICY EFF
POLICY E}P
UMR3
A
X
I COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE ❑X OCCUR
Blanket $(T}S
CPS2982560
SNOW RDf VA[ OPERATIONS
2/1/2019
2/1/2020
EACH OCCURRENCE
$ 1,000,000
DAMAGE TO RENTED
$ 100,000
x
MEDd(p one on
$ 5,000
x
Blkt Add' Insureds
PERSONA.&ADVINJURY
$ 1,000,000
GEN'L AGGREGATE UNIT APPLIES PER
POLICY JECTT LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS- COMPIOP AGO
$ 2,000,000
B
AUTOMOBILE LIABILITY
X ANY ALTO
AU ED ri SCHEDULED
NON -OWNED
HIRED AUTOS x AUTOS
X Blanket WOS x 8lkt add Insureds
S 2302880
2/1/2019
2/1/2020
COMBINED SING UMT
$ 1,000,000
BODILY INJURY (Per person)
--
$
BODILYINJURY(Peracciden()
$
PROPERTY DAMAGE
$
$
UMBRELLA h AS
EXCESS UAB
LI
OCCUR
I CLAIMS -MADE
EACH OCCURRENCE
$
AGGREGATE
$
S
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORPARTNEREX IECtUTIVE Y t N
OFRCER,(EMBER EXCLUDED? E
(Mandatory In NH)
If yea. desaibo under
flESCRLPT)ONOFOPERATI0NSbowE.L
NIA
inel Blanket Waiver of
Subrogation
4188429
1/1/2019
1/1/2020
x PER I 0T7f-
E.L. EACH ACCIDENT
$ 1,000,000
E.L DISEASE - EA EMPLOYE
$ 1,000,000
DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more apace Is required)
Weld County South East Service Center
2950 9th Street
Fort Lupton, CO 80621
ACORD 25(2014/01)
INRn9a,�n„e„)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORISLD REPRESENTATIVE
McReynolds/RESTEI
® 1988-2014 ACORD CORPORATION. All rights reserves.
The ACORD name and logo are registered marks of ACORD
Entity Name Entity iD * ❑ New Entity?
L & M ENTERPRISES INC @0002045
Contract Name*
SOUTH EAST SERVICE CENTER SNOW REMOVAL
Contract Status
CTB REVIEW
Contract ID
3196
Contract Lead
SGEESAMAN
Contract Lead ail
sgeesaman@cowetcLco.us
Contract Description *
SNOW REMOVAL SERVICES FOR THE SOUTHEAST SERVICE CENTER
Contract Description 2
Parent Contract ID
1 a a
Contract tract Type
Department
Requested 8OCC Agenda Due Date
CONTRACT
BUILDINGS AND GROUNDS
Date* 10/3112019
11104/2019
Amount*
Department Email
52.5K00
CM-
Will a work session C be required?*
BuildingGrounds =field ovv.co
NO
Renewable *
m
YES
Does tract require Purchasing Dept. to be inclu ded?
rrAerit Fi' ail
Automatic Renewal
C!-BuildingGrounds-
D tHead C veldgov.com
Grant
County Attorney!
GENERAL L COUNTY
ATTORNEY EMAIL
IGA
County Attorney Email
CM-
COUNTYATTORNEY@ WELD
GOV.COM
if this is a renewal enter previous Corflract 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
OnOase
Effective Date Review Date * Renewal Date
1012112020 10=2112020
Termination Notice Period mitted Delivery Date Expiration Date
Contact Information
Contact Info
Contact Narne
Purchasing
Purchasing Approver
Approval Process
Department Head
TOBY TAYLOR
DH Approved Date
10,'2912019
Final Approval
80CC Approved
80CC Signed Date
BOCC Agenda Date
11/06/2019
Originator
SGEESAMAN
Submit
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approver
CHRIS D'OVIDIO
Finance Approved Date
10/312019
Tyler Ref #
AG 110619
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
11/01/2019
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