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Home My WebLink About20213532.tiffC onknack iP4J9j PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND ENERGY SERVICES OF COLORADO INC CENTENNIAL CENTER BOILER REPLACEMENT THIS AGREEMENT is made and entered into this 34lay of , 2021 by and between the Board of Weld County Commissioners, on behalf of the Facilities epartment, hereinafter referred to as "County," and Energy Services of Colorado, Inc., hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) or Request for Proposal (RFP) as set forth in Bid Package No. 82100151 Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be CO n +- PXA - 3 a� �c-�Zo21- 3 5 31 a %ooa23 at�o3�22 extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 2 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed 82,027._00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained 3 and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of the Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of 4 the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance. Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injuryperperson, $1,000,000 forbodily injury for each accident, and $1,000,000 forproperty damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 5 d. No Limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that 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. Contractor agrees to maintain these documents for three years from the date of the last payment received. P 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of Work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Joshua D. Tonihka Position: Address: 960 W. 124th Ave. #900 Address: Westminster, CO. 80234 E-mail: itonihka{&&escoems.com Phone: 720-480-6344 TO COUNTY: Name. Toby Taylor Position: Director Address: 1105 H St. Address: Greeley, CO_ 80632 E-mail: ttaylor weldgov.com Phone: 970-400-2020 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices, 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 7 21. Entire AgreementlMadifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement 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. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 25. Severabiiity. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-1x101 et seq., as applicable now or hereafter amended. 27. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any 0 provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.A.S. §8-17.5-102(5)(c). Contractor shall not enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the subcontract 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. 31. Attorney's FeeslLegal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 9 32. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: Ener Ser 'ces o br do c. By: Name: Title: WELD CO ATTEST: ,zLs) G -l0•zk We BY Del 10 /Z-7 -Z/ Date of Signature BOARD OF COUNTY COMMISSIONERS !ELD CO , COLORADO co t K. James,Chair JAM 0 3 2322 ,goo -353 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: NOVEMBER 19, 2021 BID NUMBER: B2100151 DESCRIPTION: CENTENNIAL CENTER BOILER REPLACEMENT DEPARTMENT: FACILITIES PRE -BID CONFERENCE: NOVEMBER 29, 2021 BID OPENING: DECEMBER 6, 2021 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through Its Controller (collectively referred to herein as, "Weld County ), wishes to purchase the following: CENTENNIAL CENTER BOILER REPLACEMENT J1 L•. �I. . . all/ �_ ,"flT• • l.J .y ly { llff'x'• !i'Ptimm:r Lii ij'1'iU'IW± . 'Ii Bids will be received for the above stated merchandise, equipment, and/or services up to, but not later than: December 6.2021 at 12:00 AM [Wald County Purchaslna Time Ciocic,J, The submitted bids will be read over a Microsoft Teams Conference Call on r B 2021 10:30 AM, To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, St. Vrain Meeting Room, 1150O Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 791042502 2, INVITATION TO BID: rrti •Li JJtt1i Xit trfr'A Ti. 1 aj1rr.*:!;L?tv F1A!i 'J.til i i:!1tri 11 ki '%4'SI t1t! ! I I � ¶.?Jii.)rffi '1W WI !* w, cj '�ii ii�rri I'iI •?*t :IIs !1: t ItLI% jj 1. firi1th)! : .iiP:st if; . Ii. 'Jf [C 'iirn st c.12rr.1 • tl5 a • I : ♦ : • s • = c : ♦ I• • • ?,Y i1� i ♦1 r• • i i r_ _ i_ • ' • { • • • • • ELML' 1 • r. • d.. - , / the email: I hem walee my right to a sealed bid An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970400.4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION P7r . 1 a': I :r t a r- a r: Y i C•: r: I / r G -t r I f I c 1 •!-.. •- • 1 • : 1_ • 1 1.• l•' •_ :1 :• I :.: • I • 1.1 ; I• W _• • C♦ r Y V .' 1 4 1 1 • 1 1_ • h_ • •" r t_ I it J r _ '• • r 1 4 r ' a a • _ 'Y a _ - 1 r 1•.a Y _ 1 r- r Y. • bi• • i•_ 1;rr • 7 • I _ / t '. '..r • • ;l 41' '� ll ii • • •' t 44; r! _• • 1._ :• 1 1 • 1• 1: I :;i 1 • . 1 • I - • • I Y 1 - " 1 .: r: 1 =. 1 • I - I ► 7 1 • 1•_ • 1 • I I tt - :t f. - Y I - 1 1 • L : 1 = Y 1 • I [. _ i - : 4 r .. : • _ r h• F: 4 ': : _ • 1 • • / k r.: f • 1 .LLI 1 1 1 jI i • r_ -..t to '_ _ • _ _, i. '.q r 1 _ • • I Y • • t' rl` .:. t _ • _ • • _ • ,.: N.G._ ! !-iiliI 4. SUCCESSFUL BIDDER HIRING PRACTICES ILLEGAL ALIENS I r i' r` I -• T 1 I - C. • •.-i • Y=• Y y Y• •' 1. r r' 1. t. t i r z _ _ r i ;. i i • ri : w I = •.: - - .wt • • • - • - ►ri •+. ► ! i 4: I • _ I 1 ► l i.. Y..1 •._ • 1 ThZ.i Mi k • I aY - ='1 ..; I. ♦ F: :1_ 1 ! • 6As •11 rw 1i} /1! ♦ ► `+ 1 • _ C-1 r«_ Zs • ♦ Y _ a / 1 I • r1 a - 1 1• •t ,• d 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 penury 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. § 2476.5-103 prior to the effective date of the contract. 5• GENERAL PROVISIONS i l is it -'1 {. • /_ _i = • it - • '. • -: ti F l ,Y ► _ • 1 ♦ _ ♦ L '. 1' i 7 1 ': ♦ • 1 / - 1 f: : -: ► ♦ f. i 1 { { C I • Y' i, 1 1 i • : 1 t • 1 =/ f • L ,' i M ` i _- i' i V 1 - 1 • Y • 1' 1 .'v..i1 1 [ 1 ♦ 1 _ _.�. - a • "__I____I_ •.•• ` L.. 1 !•_ __i►.. • = • ;: i • 1.i. I. ; • I I t1- ii 1i.' • L. ► ♦ • ♦`= _ ► ♦ ♦ / J,` i.1 _: • r ♦ •'i 1 • i.. • '1 C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or Implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. BID REQUEST #12100151 Page 3 • 1 Y • • 1 ;. .f l LI:C*.• •.: ! Fl rk7 { I •ti - ! R •'t •; f f :4' a f K- • 1. i a = ♦ • rI r _ • • - •' M • Fz 1 • • _ F: 1 • .• • :1 1 / • • • t I - V f f.- coverage r I rG:r: 1 1 1 1 V- • #' "" i •: F / pi • • - . - i { 1 rr.: a. r 1 • _ a • r. r • : i compensation an• = • • 'L: compensation : r_ f if : f i,f • and • provide D. 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. bili i 1 b14it1! r jfl9z:if i ri1fl; I / 1 •...�' r • l: :' •• .1 ! v1 : •i I .; - • • 1 - 1 t C.:1 • C :. r • ` !.= f 1 a • _ f fi. t r• . • . r r. J 1 _ _ ! •. • • _ • _ • f ♦6 +.f V5 1 C 1 : /' � • 1 i f'/ • ♦ . 1 : k!l� (, { i� 1 u: v' / .i { J • 1 • •.. rF_ _ M: : •- I _ • • _ • If i r _ . • i t : _ r • • a t.:s; : J. Term: The term of this Agreement begins upon the date of the eutlon of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. K Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement maybe terminated at any time without notice upon a material breach of the terms of the Agreement. • :r r •.• r.:`[ a :ta 1= • - r / •._ �• :+• 1' I - 4rt' 1 1'•`: _ r.: 1 - a:: r :•a i -1 •:= r - ! 1 - C�;". fla: C�: as t: -• I �. F ••: r : • / : c • e i M1a i -L„ r; r . 4r r : ! r a f•► -:1 ! • 1' - . a 11: f•i / r I- r • :- 4: # a. _ • : i : 1 l =_ ( F • : c ; .. :t ..r • - r •, _ - - ..i•r= .. 1 - •' I It!. ! • - • • • • I Yi : I • • 1 : • I I: 1 III;:: 11 ' • : : i • �' :' • W`r 4 a : • • 1 ". a • I : 1 4j;;- S i , : i • • r� �. • {i4/ 4 Y - r t I •"• • : f• : r ', i s 1 f r : I Y l• • 1 1 f k .I..It:. E_ a ! I■ - { 4• r{ - 1 •: l• • r 1i 1 1 1 : : r- I - •'.•..t • 1 - • Y:1 • : : L 1� 1 - 1 1 • • 1 f 1 - a k : !G 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. a / 1 I t f @ t: / I: : : -k • : •. W : • • • C 1 { I : • k'1 a a ,• P. 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 #B2100151 Page 5 a f '.♦ f _ r. _ _ _ _ i • I - II 1 F _ • - I 1• 1 • - i.Y • 1. a r� 1 I a - • - { I 1 - ►:: I • •1• " a r -X :- ♦ i Y ! _ r h " ` { { • - - 1 i • • { • a a e. v. • • fP 1 1 1- • •' 1 I r r' 1 1{ Ya. I!• : i -.I r i y ►.i. • ra I I 1'J a i_ I F= • • '• I r • ♦ ]. _ • ♦ ♦ I a- J'.. • v a • 'P.° 1 _ . r t V a 1 • _ / • 1 _ r. , • • , _ 1 4 .• f F' 1 1_. • • Y 1 •1_ I• I ♦ V H r_ 4 1 1 II .. S. 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 emotion within the original Intent of the parties. T. 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. U. 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. I a 1 • ra I- d r♦-Y[d. !••._ ` ih Y r 11 1 I--°% GS- / ♦ C.._ 1 / • _»: • • • I - - • 1 � / • ♦ ►' .1 w. - r _,- 7 :._ _ I 'CA r � U 1 • ♦ a.1 r- - • • �. .7 !C I • - 7LI I III r : a= � Ff� ♦ ••� • _�..i 1• •- :i• r 'v i. •'�' 4l"`r • I _ _ _IY� •' 1 • ♦ C _ _ _• { 1 • { • • _ - : 1-.� ♦ • • • - • I_` • _ • a i 1 - .mot`-� • =.r I a. -'74 I ♦ { B. INSURANCE REQUIREMENTS 1 • ri ® I • r I' f J F4" ` • YJ -tL i jf7!-i YIn I. ►• • r: • k. {•. 1 . 5 }. i - 1 - • 1 r: I : - I Z I { It h- 1 1 i • C'I "1 • I L• *-I'+ I ►.H4- I: a 1 =- ♦ • G r L I ! ♦ : h r I • 1 = • s' i i ♦ • It:= iv 1 • r i • = 4 ♦ 1 - { • _ : • -G! . I: w G _' ! • 1 • ` 1. _ r' .. „ 4;... •.F r • •. :-• { • ♦ I • f - • i iJ 11 f ! • I 4� R ! • }, ♦ r. I: _ • i CS to r! : 1_ obligations I -. •'_ _ _ r bidder1 _ ►ii. : 1 ♦ I = professional# •".. _ • s " •-1 ' of _ R provided, I _ • : -.v• a : • services, / _ coordination• ..:.i:%: rendered •' • r or 1 I F-- - • f 1 : • • IN : l f 1 : : = ♦ 1 i h ! { : hw• 1 f : • S •' .. 1 4:! ` RC ' :e• F • 41 .1 .t -v l MC a`.•r' I - is • I: -+i 1 { 41:-..: • !�• R :..l 1 :•=:h;Ci•7 IC -•• o ---;t•:• .:••1F ! MM .- i • • 4 • _ i S. 3 • : • _' 4 r - . _.." : • ♦ ♦ : {: i • _ • r A i:: F v+v • r: 1 r ._ 11 • 1I : - i i ' • •_ • 1 "s : { :.F ..r = ! 1 rM • -v e 1 - I [♦ -r 1 Pit: 1 / • Y.. 2 t - • F'► - -s-:- iC ii . 1 I...1 : • • hi - • I • • I • 1 I °, • hss • • 1 • _ /.. ! I? 1! ;. L' F- • - i 1 ♦ • { s ! •".. ,. 1 F 1 : : f 4 GwJ d i 1 • • : a I it'.4'iP'$cv+-Ii-k! ti 4JV L iri,'rs;jr1ii 1!;r -M'i' I!I' i:c;:f:Ti1 t::1ICCs r- 111 0 i= _ ar :•: 111 '1'1.1 F • F ! w• k a : • • r; • C* • _.r ; 11'1 til `: EF r • 1' • • r MG:.: • ►♦: ` • I'11' 111 \ 1t:! •: !.._' ;• 1 1 1 1 1 1 ! • ! 1 • : f r • : • ill 111 ♦ • • 1 1 '_ : • = r • ''; • 1 L p1 : o1 G • I • I `r ' • 11i 1-1 •- and shall keep In fare 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. 1. i a' F 1! Y 1 •-y� • : 4 a -i 1 v !_ 1 1• c i - s .. • f• u 1 1 a- _ W • ♦ iii ♦ � r r }1 = • 1 MI • I� 'l/ } Y 34.: 1 : 41 _ f`1/' =" 1 ': i 1 C 1 rrr'r-T . M k/•1 1 - G' 1 _ ,1i Y ' 1 1 _ Y ►H • r 1 Y Y! _ _ I * S I . I: ..• ;-.:i:c :1 ti • • ,,- •. ic.'1 . 1 ; : y i }.• : rli j:• -j: • •-:, • f l t 1 • :' t ! 1 - I. - C _ _ :,i: policies •subcontractorss r. I c.l :'1 coverages.F6..: : • • 1 : . - r..l ♦-� r •• • Mt- 1 Y • a 1 1:.;L '•= • I 1 CII •1 1 - - • • t Y m,,. • I - �. 1 I: iW!J ?Jl;..j' Ii y L:jjtii, '1 1 4V 1. t1 1!7FI 1.! i.Dti:i r t_ BID REQUEST OB2100151 Page B CENTENNIAL CENTER BOILER REPLACEMENT OVERVIEW: SPECIFICATIONS: 1. Removal of the old boiler and Installation of new boiler as well. 2. Replacement boiler must meet the minimum specification to retain the same function as the current unit. The current units are Lochinvar: a. Model # SBN1500 b. Serial # H10H10154246 c. Voltage 12011/60 5. The system will be set up to utilize the current Delta control system Version 3.4 through SetPoint Systems and maintain the same capabilities as the current unit does. 6. AN piping connections, electrical connections and control connections shall be a part of this contract. 7. Provide State of Colorado boiler Inspection certificate at completion of job. S. Contractor will provide a factory owner training on the installed equipment once the project is complete. date Ij i h_ 1 • 1 • _ • takingIi • ► Y 1 • 11:11. 11. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory FiX 14. Bidder is expected to enter Into a standard County contract. jIh :• • rr -:.: CENTENNIAL CENTER BOILER REPLACEMENT - CONTINUED 16. No bid bond is required for this project. 17. Davis -Bacon and Buy American requirements are NOT required. *START DATE "COMPLETION DATE *Take Into account boiler lead time• PRICE: Provide a turnkey price for the project. TOTAL BID SUBMITTAL INSTRUCTIONS: • r • •_ • 1.• • • •i • • • M •_ • 1t1IJ2at.• ••'_ •;e .i •=•= 1 • a •• i **A current W9 Is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to Include any of the above Items upon submittal of your bid may result In your bid being Incomplete and your bid being rejected. BID REQUEST #B2100151 Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: I. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #82100151. 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 (inducMg, but not limited to, product specifications and scope of servi+ ), 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≤ WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMP11ON NUMBER IS #98-03681-0000. YOU DO NOT NEED TO S -ND BACK A 1-8. ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO II •11 •- J 1. 4r. s APPROVED AS TO SUBSTANCE: Controller BID REQUEST #B2100151 Page 11 ISLPPENDUM#1 BID REQUEST NO. B2100151 CENTENNIAL CENTER BOILER REPLACEMENT The manufacturer of the existing boiler has discontinued a like-fbr-like replacement boiler for the existing. The manufacturer has provided a recommended boiler replacement for the existing boiler. However, it is larger than the current one. Therefore, contractors will need to perform additional work for this turn -key project to make it fit. To accommodate the new boiler size, contractors will need to also perform modifications to the existing boiler piping, flue, electrical rack in front of the boilers, the steel frame that the current boilers sit on etc. Because ofthis information, all bidders will be permitted a second meeting to fully develop their bid. The meeting time and new bid opening date are shown below. All existing boilers operate individually and are not sequenced together. If an alternate manufacturer has a boiler of similar capacities to the boilers that are cunautly installed, those alternatives will be acceptable. However, bidders must submit with their bid cutsbccts and certification from the alternate manufacturer that shows equivalency. Any alternate boiler must meet all the specifications of the existing boilers. i I _ - ♦ ilc.• • e: _ r:w •„ • - !1tr !±a1;t; - •c - • ' -1 -AIL !.` 1! 1 1 1 • • I = • • _ i.C. I' ii& 1j4 1L I Phone number 720-439-5261 Phone Conference ID: 791042502 •' Iti • .� • ♦a •fir I �♦ 1 • r • V:—i Addendum received by, FIRM ADDRESS CITY AND STATE BY EMAIL December 3, 2021 CENTENNIAL CENTER BOILER REPLACEMENT Question & Answers 82100151 Posted 1//17/21 1. Question: What is the buildings heating load? And how many BTU's is needed per boiler? Answer: Building heating load is unknown. The new boiler shall match the BTU output that the old boiler has. 2. Question: How are the 4 boilers staged? Answer: The 4 boilers are all controlled Independently, each one has It's own water temperature sensor. 3. Question: Would the County consider an alternative boiler to fit the space of the old boiler? Answer: See Addendum #1. 4. Question: Would the County consider an alternative boiler with 999,000 BTU's to fit the space? 5. Question: Lochinvars recommended replacement boiler uses one e variable speed supply pump. In the walk through the city did not want a new pump package with the new boiler but the current configuration will not work. So would the city accept the pump package per manufacturer's suggestions? Answer: If the boiler manufacturer requires a different pump system for proper operation of the new boiler then a new pump system will need to be installed. All controls and power for the new pumps will be provided by the contractor. 6. Question: In the event the city only wants the 1st manufacturer's replacement boiler (FBN1501) would there be an alternative location for the boiler placement in the mechanical room? If so, would there be another site visit to show the contractors the location to give the city a more accurate proposal? Answer: See Addendum K. 7. Question: Anew boiler Is going to require modifications to the piping and boiler pump that would typically require an engineer to confirm the design for. Answer: See Addendum #1. 8. Question: Will this project proceed before spring? Answer: We anticipate that this project will proceed before spring depending on the lead time for the new boiler. 1 CENTENNIAL CENTER BOILER REPLACEMENT Question & Answers 82100151 Posted 12/17/21 9. Question: If the project proceeds quickly, can the building be supported with two boilers for a short duration? Answer: If the exterior temperatures are mild for the duration of change over, two boilers can support the building. Change over will need to be coordinated with the weather forecasts. 10. Question: Do you want boiler pumps replaced? Answer: if the boiler manufacturer requires a different pump system then they will need to be replaced, if the current pumps will work with the new boiler configuration then they wIR not need to be replaced. 11. Question: Please select which boiler, It was mentioned at the walk through you wanted the bigger boiler. Answer: Per Addendum #1, new boiler will need to match the output and spec#ications of the old boiler. 12. Question: Are you open to the Idea of moving Boiler #1 to Boiler #2's position and placing the new boiler In Boiler #1's position? This will create more room to rework the piping and exhaust. Answer: Yes, this would be acceptable. Please refer to question #9 regarding having two boilers offtine at the same time. 13. Question: Are there any particular brands you would like to exclude or any that you would prefer? Answer: None. 14. Question: If needed, are we allowed to extend the support pad? Answer: The support pad can be extended a very short amount. We will need to maintain an adequate area around the end for passage. 2 Exhibit B CENTENNIAL CENTER BOILER REPLACEMENT OVERVIEW: This bid is for the turnkey replacement of one boiler and controls located at the Weld County Centennial Center located at 915 10th Street, Greeley, CO 80631. SPECIFICATIONS: 1. Removal of the old boiler and installation of new boiler as well. 2. Replacement boiler must meet the minimum specification to retain the same function as the current unit. The current units are Lochinvar: a. Model # SBN1500 b. Serial # H10H10154246 c. Voltage 120/1/60 3. All hoisting and lifting equipment shall be a part of this contract as needed to complete the project. 4. All pipe Insulation and jacketing that is disturbed will be required to be replaced with new materials. 5. The system will be set up to utilize the current Delta control system Version 3.4 through SetPoint Systems and maintain the same capabilities as the current unit does. 6. All piping connections, electrical connections and control connections shall be a part of this contract, 7. Provide State of Colorado boiler inspection certificate at completion of job. 8. Contractor will provide a factory owner training on the installed equipment once the project is complete. 9. Bidders must provide manufacturer's specifications with their bid responses that show the proposed equipment meets the minimum capacities as shown above. 10. The forecasted contract date is no later than January 3, 2022. Please provide a start date and finish date in the space provided below taking into account boiler lead time. 11. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 12. Remove and properly dispose of all trash generated by construction activities off site. 13. Payment and Performance bonds are required if the costs exceed $50,000.00 upon bid award. 14. Bidder is expected to enter into a standard County contract. 15. The project will be permitted through the Weld County Building Department. Fees for permits will be waived. BID REQUEST #82100151 Page 9 CENTENNIAL CENTER BOILER REPLACEMENT - CONTINUED 16. No bid bond is required for this project. 17. Davis -Bacon and Buy American requirements are NOT required. *START DATE *COMPLETION DATE / - `J *Take into account boiler lead time. PRICE: Provide a turnkey price for the project. TOTAL $ BID SUBMITTAL INSTRUCTIONS: Ths following items must be completed and submlifed with your bid on or before the bid opening deadline of 10:00 AM on December 6, 2021: 1. Page 9 of the Bid Specifications 2. Completed page 10 of the Bid Specifications 3. Line Item #9 on page #9 — "Bidders must provide manufacturer's specifications that show the proposed equipment meets the minimum capacities as show above." 4. W9 if applicable** 5. Any future Addenda must be completed **A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above Items upon submittal of your bid may result in your bid being Incomplete and your bid being rejected. BID REQUEST #82100151 - Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. 002100151 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 then one vendor. FIRM BUSINESS O 1r,� CITY, STATE, ZIP CODE CI TELEPHONE NO 7? 3! tl -yrFAX 7za" 7Z..gJG TAX ID # 05770 zY PRINTED NAME AND SIGNATURE E-MAIL L Y' r V o or WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #08435514000. you no NO. fEE iD TO 9ENQ BACK PAGEE$1- E. ATTEST: Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair APPROVED AS TO SUBSTANCE: BID REQUEST #82100151 Page 11 I Est ibt Tartu _ _Ntd� w IdattIAoatbn Numbsr and Cs$INcatlon ► as IswtlM.i1. . J M.11� Fw brabtes[la s atd t♦es bauut broNrrttl 3 m roar t� reamgf Nair w Al Ensr Sar*s. U Caler a. Inc. isco •'*I"_, ba O Lw 0 di mmombett.dm1Mt.chN&§ eisrdths carp nom ❑ pamra.bp 0 Tr.N�rrrrt. unaldbeb.'isi u4r.owamt.a1.emmampo.•tr. a wptt. F1ltitrr.tdtrp0 lisle tnekarbrtln•mein..herale►frtlle.illdorlreolDuiu n111r�waw.w. Doodda* LtGVI. LWI.ch�rd..a Fa i*,1Lt9lgSSip*dtmuse .rrusll.aiti.a.�wWtlrLLGY nit LW *drn..ittp.r iitasraMaa.a!lerUS.4da.11eipeas aw+M1.,.*nra6rusv I.dyrraS4t.m M ants, ttthuSdunkrlr.sarewlSs boa It. betdr.rtle.dn da. awte. 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IS'. ...1 . -Y nti • -. Tom. �� r �� r r.. H.L t. II j ' tlfar+.r..► cii aiedot, ttu4rertoat .ta to ate Watt Mans I da tatl..s 4at.rwba ndsd. Pen iw.tspa.ala. Fbrthe td.d INlineruliarrdoreLd.eelapetertb .Sid I. Fenn W-9 uS Ibt Mwvdbi.i.rah a<tuoiiYlotr ensated eFLw rrr. Pibldred. t1Q t0 Nrrar�I.�p fl_ a T. r If 1 ., ., r II 4 t p IiI, ±I - 'r III 1&i n I pYIIIjL'� .l'.'. .'r LL'.I 1 'I. • I I I: ' r • l 'J • Fenn 1Opo-K pwdrM cad rd b*dpsfly aMwfltrarrrsatlan • Four 101.9a. mop amagr 1011# p WoM bun hfl INS•I ptdlar� • For SC — debt} • Form IOWA pequSNin erabaadbeimWo cad pupa (Me Pain WA on4 yeu m a U.S. pammi *rtbldgt • ruddant Sus b prorlde your aam..t TN mar Miie lib wkp au W b bbaokrrpwM ha dr -i cats, Phi, ISIX ft../l.r. m m% £IPI'KNDUM#I BID REQUEST NO. B2100151 CENTENNIAL CENTER BOILER REPLACEMENT 1 . 1 :1 1 1 LY , 1 I / 1 1 , I . , - , ' $ 1 11 1 I I ,:. 1 1.-I: Y : 1 1/ ., . a l 1 1 u•' 1 .f 1 _{ 11,1 1: 1 I a , 1 •� (, , 1 1 1 1 1 ., 1 1 1/ 1. 1 1 , ,,, { 1 . 1 Y F 1 1 1 1 1-' 1. : 'f r 1 f l li 1 . �, Y 1 1 :1 1 1 l l ,l 1 II Ti 1 .! If 'ii Y . 1, l 1 1 1 • 11 1 .f 1:- 1 t. I I: : =+ 1/ :I III Because of this information, all bidders will be permitted a second meeting to fully develop their bid. The meeting time and new bid opening dale are shown below. H k 1l 1. / l 1 1 1 �1 _I kl kNI :+ ,1 a I1''' 1 : 1: 1 1 1:. 1 - 1 f: .1 1 1 Y 1 1 , 1'' 1 1submit ' I- 1 1 /4; I r 1 1certification 1 1• 1 1 h 1 1 fl boiler11 I 1 1 1 1 1 1 1 1' 1. +I A second meeting to verify existing conditions, Is being offered. Attendance Is recommended. This meeting will be held on -fir 9.l at tt#0 A11 at the Centennial Center located at 915 1001 Street, Greeley. Most at the Security checkpoint. Bids will be received for the above stated merchandise, equipment, andlor services up to, but not later than: D ber 20.2021 at 1:00 PM In . The submitted bids will be read over a Microsoft Teams Conference Call on December 20. 2021 at 1:30 PIl1. To Join, call the phone number and enter the Conference ID provided below or you are Invited to attend the bid opening In person at the Weld County Administration Building, St. Wain Meeting Room, 1150O Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 791042502 1 y. '1! 1 1 ! 1 IT:i41ttL.jVhII Addendum received by: p/crat FIRM Lrs „zIyr I'1 P1 CITY AND STATE 07' December 3, 2021 INSURED CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDOIMYYYJ 1212812021 THIS CERTIFICATE IS ISSUEDAS A MATTER OF INFORMATION ONLYAND 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 an or If SUBROGATION IS WAIVED, subject to the Im, and conditions of the policy, certain policies nary require an endoreenrent, A statement on this coMficate does not confer rights to the csrtlficatis holder In lieu of such endoreenrent(o). 1anne Danielson, CISR (970) 288-7118 f,[, Na? (970) 509-8848 CO 80632 INSURER A: Union Insurance Company 25844 INSURERS : Plnnacol Assurance 41190 INNWERC, LandmafkAmerican Insurance Company 33139 GOD1A( 124th Avenua, 5U6e B00 INSURER E : it VlMahnin lm CO 80234 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2131239261 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURI_A 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, EXCWSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR T OF INSURANCE POLICY NUMBER a LINrrs COMMERCIAL GENERAL LIARIIJTY CLAMIB.MADE ® OCCUR EACH OCCURRENCE 1 1,000,000 PREM Ea ocu 1300,000 MED EXP ono 1 10,000 $500 Deductible - Per Oecunsncu A - Prop" Damage CPA3160814-24 03/1512021 0311512022 PERSONAL&ADV IRUUIrr a 1,000,000 GEN'LAGGREGATE UMITAPPUSN PE+ . POLICY ® JECT ❑ Inc GENERALAGGREGATE 1 2,000,000 PRODUCTS-COMPIOPAOG 1 2,000,000 OTHER: a ALrrONO ILEWIfNJTY OMIN E IJ LEMIT a 1,000,000 BODILYINJURY(F�rprrnI a ANYAUTO A OWNED GCHEDLUED ONLY CPA3100514-24 0311512021 03115/2022 BODILYINJURY(Prordd.nl a HIRED N rE0 AUTOS ONLY AUTOS ONLY Medical Payments a 5,000 X UMBIWLLA LIAR x OCCUR EACH OCCURRENCE 1 1,000,000 A EXCESS LNB CLAIMs-MADE CFY 3160814-24 03(1512021 0311512022 AGGREGATE a 1,000,000 rwn X RETENTION 1 0 N B WORKERS CONPENRAT)ON AND EMPLOYERV'LIABLITY YIN ANY PROPRIETORAMRTNERJEXECUTIVE p��n;7� OFRCERAIEMBER DCWDED7 I �r (MuldtorY ht NHI NIA 4076460 04/0112021 04101(2022 PEARTI 9 1 A00,000 E.L EACH ACCIDENT E.L DISEASE- EA EMPLOYEE 3 1,000,000 If yr, drlcJfho urAw DESCRIPTION OF OPER'AT)ONO holmY E.L DISEASE- POLICY LIMIT 1 1,000,000 A Leased/Rented Equipment CPA3160814-24 0311512021 0311512022 Limit $250,000 Deductlbie $1,000 DESCRRn1aN OF OPERATIONS I LOCATI 4 J Vb1ICLEH (ACORD 1014 AddIoeol Rr wla 9SBodulo, mny he ollodmd If mm upua Is MqulmI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Wbld County ACCORDANCE WITH THE POLICY PROVISIONS. 115008019 AUTHORIREPRESENTATWE Greeley CO 80832 + ,a r .bz &,i . © 1Iil1-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo vs r gbtered marks of ACORD ADDITIONAL COVERAGES Ref # Description C Excess Liability. C: Policy #: LHA25123i9 - 0317 512021 - 0317 512022 Coverage Code Form No. Edition Cate Limit I 5000,000 Limit 2 5,000,000 Llmk 3 Deductible Amount Dsducblble Type Premium Roll Description Coverage Code Form No. Edition Date Limit I Limit 2 Llmk 3 Deductible Amount Deductible Type Premium Ref i Description Coverege Code Form No. Edition Date Limit I Llmk 2 Llmk 3 Deductible Amount Deductible Type Premium lief 0 Description Coverage Code Form No. Edition Date Limit I Limit 2 Lrnk 3 CeductIbis Amount Deductible Typo Premium Rift Description Coverage Code Form No. Edition Date Limit I Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref N Description Covert. Code Form No. Ed Won Date Limit I Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Link 1 Limit 2 Limit 3 Deductible Amount Ceductlbls Type Premium Ref # Description Coverage Code Farm No. Edition Cate Lknk I Limit 2 Limit 3 Deductible Amount Deductible Type Premium Rot # Description Corerego Code Form No. Edition Dab Limit I Limit 2 Unit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Cade Form No. Edition Data Limit I Limits Llmk 3 Deductible Amount Deductbls Type Premium Refs Description Coverage Code Form No. Edition Date Limit I Lint 2 Lint 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Sarvices, Inc. New Contract Request Entity Information Entity Name* ENERGY SERVICES OF CO INC Entity ID' @00031520 Contract Name * CENTENNIAL CENTER BOILER REPLACEMENT Contract Status Contract Description REPLACE BOILER & CONTROLS AT THE CENTENNIAL CENTER Contract Description 2 Contract Type* CONTRACT Amount $82,027.00 Automatic Renewal Department BUILDINGS AND GROUNDS Department Email CM- i3uildingGrounds@weldgov.c om Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com Grant County Attorney GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORNEY@WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID ❑ New Entity? Contract ID 5491 Contract Lead* SGEESAMAN Contract Lead Email sqeesaman@co.weld.co.us Requested BOCC Agenda Date 01/05/2022 Parent Contract ID Requires Board Approval YES Due Date 01/01/2022 Will a work session with SOCC be required+* NO Does Contract require Purchasing Dept, to be included? YES Bid/RFP #* 62100151 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Dale* Renewal Date 03 31 2022 Termination Notice Period Conanitted Dd" Date EJqilration Date* 03/31/2022 03/3112022 Contact Information Contact Info Purchasing Approval Process Department Head TORY TAYLOR DH Approved Date 12/26/2021 Final Approval ROCC Agenda Date 01/03/2022 Contact Email Finance Approver CHRIS D'OVIDIO d Purchasing Approved Date 12/29/2021 Finance Approved Date 12/29/2021 1*r Ref # AG 010322 #regal Counsel Approved One 12/29/2021 RESOLUTION RE: APPROVE EMERGENCY BID #B2100151, CENTENNIAL CENTER BOILER REPLACEMENT, AND WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION - FACILITIES DEPARTMENT 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 Purchasing Department has requested waiver of the ten-day waiting period for Emergency Bid Request #B2100151, Centennial Center Boiler Replacement, for the Facilities Department, due to degraded heating capacity of the Centennial Center, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said emergency bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Emergency Bid Request #B2100151, Centennial Center Boiler Replacement, for the Facilities Department, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from Energy Services of Colorado, in the amount of $82,027.00, be, and hereby is, accepted on an emergency basis. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of December, A.D., 2021. ATTEST: W. Weld County Clerk to the Board Deputy Clerk to the Boarff Is" APPROYED A 'FORM: / County Arney Date of signature: IiIz'i BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Morepo, Chair ames, rryL. MIKe rreeman Lori e CC : AcT(cD), F 1-%P), PuR . ,W,(TT/sS) 11/3o/AI 2021-3532 PO0023 BG0023 PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 December 21, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Centennial Center Boiler; B2100151 As advertised this bid is to replace a failed heating boiler at the Centennial Center. The low bid is from Energy Services of Colorado and meets specifications. Therefore, the Facilities Department is recommending the award to Energy Services of Colorado in the amount of $82,027.00 In addition, the heating capacity of the Centennial Center is degraded due to this failure. Therefore, the Facilities Department is requesting emergency approval by waiving the 10 -day waiting period before award as permitted per Weld County Code Section 14-9(5). If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2021-3532 P �100Z3 IZ/27 BG� UUZ3 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmpeters(�weldgov.com E-mail: reverett _weIdgov.com E-mail: rturf(aweldgov.com Phone: (970) 400-4223, 4222 or 4216 DATE OF BID: DECEMBER 20, 2021 REQUEST FOR: CENTENNIAL CENTER BOILER REPLACEMENT DEPARTMENT: FACILITIES BID NO: 82100151 PRESENT DATE: DECEMBER 27, 2021 APPROVAL DATE: JANUARY 10, 2022 (REQUESTING EMERGENCY APPROVAL 12/27/21) START END VENDOR TOTAL DATE DATE ENERGY SERVICES OF COLORADO $82,027.00 03/14/2022 03/21/2022 960 W 124TH AVE #900 WESTMINSTER, CO 80234 HARPER MECHANICAL INC $89,601.00 02/15/2022 03/01/2022 4604 BUSH MILLS AVE EVANS, CO 80634 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. Puooz3 C-tfj 23 Hello