HomeMy WebLinkAbout20223172.tiffCon-vaiPi- 954(0
AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY & TCC CORPORATION
4H BUILDING HVAC & ELECTRICAL SYSTEM UPGRADE PROJECT
THIS AGREEMENT is made and entered into this J 'day of !7ece iYl b c, , 2022, by
and between the Board of Weld County Commissioners, on behalf of the Facilities Department,
hereinafter referred to as "County," and TCC Corporation, hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contractor to perform construction services as
required by County and set forth in the attached Exhibits; and
WHEREAS, Contractor is willing to perform and has the specific ability, qualifications,
and time to perform the required construction services to provide the services according to the
terms of this Agreement; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the equipment, materials and services
as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this
document and in the Exhibits, each of which forms an integral part of this Agreement and are
incorporated herein. The parties each acknowledge and agree that this Agreement, including the
attached Exhibits, define the performance obligations of Contractor and Contractor's willingness
and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement
and any Exhibit or other attached document, the terms of this Agreement shall control, and the
remaining order of precedence shall based upon order of attachment.
Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No.
B2200160.
Exhibit B consists of Contractor's Response to County's Request for Bid.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Work and agrees to diligently provide all services, labor, personnel and materials
necessary to perform and complete the Work described in the attached Exhibits. Contractor shall
faithfully perform the Work in accordance with the standards of professional care, skill, training,
diligence and judgment provided by highly competent Contractors performing construction
services of a similar nature to those described in this Agreement. Contractor shall further be
responsible for the timely completion and acknowledges that a failure to comply with the standards
and requirements of Work within the time limits prescribed by County may result in County's
decision to withhold payment or to terminate this Agreement.
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3. Term. The term of this Agreement begins upon the date of the mutual execution of this
Agreement and shall continue through and until Contractor's completion of the responsibilities
described in the attached Exhibits. Both of the parties to this Agreement understand and agree that
the laws of the State of Colorado prohibit County from entering into Agreements which bind
County for periods longer than one year. This Agreement may be extended upon mutual written
agreement of the Parties. In its sole discretion, the County, by the Director of the Facilities
Department or his or her designee, may extend the time for the Contractor to complete the service
or work, by not more than thirty (30) days. Such extension shall not increase the compensation to
be paid to the Contractor nor change any other term herein.
4. Termination; Breach; Cure. County may terminate this Agreement for its own
convenience upon thirty (30) days written notice to Contractor. Either Party may immediately
terminate this Agreement upon material breach of the other party, however the breaching party
shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination,
County shall take possession of all materials, equipment, tools and facilities owned by County
which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver
to County all drawings, drafts, or other documents it has completed or partially completed under
this Agreement, together with all other items, materials and documents which have been paid for
by County, and these items, materials and documents shall be the property of County. Copies of
work product that is incomplete at the time of termination shall be marked "DRAFT -
INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated
for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices
which it has submitted and which have been approved by the County; (2) the reasonable value to
County of the services which Contractor provided prior to the date of the termination notice, but
which had not yet been approved for payment; and (3) the cost of any work which the County
approves in writing which it determines is needed to accomplish an orderly termination of the
work. County shall be entitled to the use of all material generated pursuant to this Agreement upon
termination. Upon termination of this Agreement by County, Contractor shall have no claim of
any kind whatsoever against the County by reason of such termination or by reason of any act
incidental thereto, except for compensation for work satisfactorily performed and/or materials
described herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be
in writing signed by both parties. No additional services or work performed by Contractor shall
be the basis for additional compensation unless and until Contractor has obtained written
authorization and acknowledgement by County for such additional services. Accordingly, no
claim that the County has been unjustly enriched by any additional services, whether or not there
is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable
hereunder. In the event that written authorization and acknowledgment by the County for such
additional services is not timely executed and issued in strict accordance with this Agreement,
Contractor's rights with respect to such additional services shall be deemed waived and such
failure shall result in non-payment for such additional services or work performed. In the event
the County shall require changes in the scope, character, or complexity of the work to be
performed, and said changes cause an increase or decrease in the time required or the costs to the
Contractor for performance, an equitable adjustment in fees and completion time shall be
negotiated between the parties and this Agreement shall be modified accordingly by Change Order.
Any claims by the Contractor for adjustment hereunder must be made in writing prior to
performance of any work covered in the anticipated Change Order. Any change in work made
without such prior Change Order shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the
Work, and County's acceptance of the same, County agrees to pay an amount not to exceed
$450,646.00, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will
be made by County unless a Change Order authorizing such additional payment has been
specifically approved by Weld County. If, at any time during the term or after termination or
expiration of this Agreement, County reasonably determines that any payment made by County to
Contractor was improper because the service for which payment was made did not perform as set
forth in this Agreement, then upon written notice of such determination and request for
reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon
termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall
forthwith be returned to County. County will not withhold any taxes from monies paid to the
Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and
payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless
expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any
other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this
Agreement, County shall have no obligations under this Agreement after, nor shall any payments
be made to Contractor in respect of any period after December 31 of any year, without an
appropriation therefore by County in accordance with a budget adopted by the Board of County
Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local
Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado
Constitution, Article X, Sec. 20).
7. Independent Contractor. Contractor agrees that it is an independent contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to
any employee benefits (including unemployment insurance or workers' compensation benefits)
from County as a result of the execution of this Agreement. Contractor shall be solely responsible
for its acts and those of its agents and employees for all acts performed pursuant to this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement
in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter
into any subcontractor agreements for the completion of this Work without County's prior written
consent, which may be withheld in County's sole discretion. County shall have the right in its
reasonable discretion to approve all personnel assigned to the Work during the performance of this
Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall
be assigned to the Work. Contractor shall require each subcontractor, as approved by County and
to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the
terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities
which Contractor, by this Agreement, assumes toward County. County shall have the right (but
not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by
Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible
for the acts and omissions of its agents, employees and subcontractors.
9. Ownership. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of County. In addition,
all reports, data, plans, drawings, records and computer files generated by Contractor in relation
to this Agreement and all reports, test results and all other tangible materials obtained and/or
produced in connection with the performance of this Agreement, whether or not such materials are
in completed form, shall at all times be considered the property of the County. Contractor shall not
make use of such material for purposes other than in connection with this Agreement without prior
written approval of County.
10. Confidentiality. Confidential information of Contractor should be transmitted separately
from non -confidential information, clearly denoting in red on the relevant document at the top the
word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County
must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201,
et seq., with regard to public records, and cannot guarantee the confidentiality of all documents.
Contractor agrees to keep confidential all of County's confidential information. Contractor agrees
not to sell, assign, distribute, or disclose any such confidential information to any other person or
entity without seeking written permission from the County. Contractor agrees to advise its
employees, agents, and consultants, of the confidential and proprietary nature of this confidential
information and of the restrictions imposed by this Agreement.
11. Warranty. Contractor warrants that the Work performed under this Agreement will be
performed in a manner consistent with the professional construction standards governing such
services and the provisions of this Agreement. Contractor further represents and warrants that all
Work shall be performed by qualified personnel in a professional manner, consistent with industry
standards, and that all services will conform to applicable specifications. In addition to the
foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this
Agreement is subject to a warranty period during which Contractor must correct any failures or
deficiencies caused by Contractor's workmanship or performance. This warranty shall commence
on the date of County's final inspection and acceptance of the Project, and shall continue for one
year, or such greater time as specified in the attached Exhibits.
12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall
submit to County originals of all test results, reports, etc., generated during completion of this
work. Acceptance by County of reports, incidental material(s), and structures furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the construction of the project. In no event shall any action by County hereunder constitute or
be construed to be a waiver by County of any breach of this Agreement or default which may then
exist on the part of Contractor, and County's action or inaction when any such breach or default
shall exist shall not impair or prejudice any right or remedy available to County with respect to
such breach or default. No assent, expressed or implied, to any breach of any one or more
covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of
any other breach. Acceptance by the County of, or payment for, the Work completed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement
or under the law generally.
13. Insurance. Contractor must secure, before the commencement of the Work, the following
insurance covering all operations, goods, and services provided pursuant to this Agreement, and
shall keep the required insurance coverage in force at all times during the term of the Agreement,
or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer
shall waive subrogation rights against County.
Types of Insurance:
Workers' Compensation/Employer's Liability Insurance as required by state statute,
covering all the Contractor's employees acting within the course and scope of their
employment. The policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a Contractor or subcontractor is exempt under Colorado
Workers' Compensation Act., AND when such Contractor or subcontractor executes the
appropriate sole proprietor waiver form.
Commercial General Liability Insurance including public liability and property damage
covering all operations required by the Work. Such policy shall include minimum limits
as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000
products and completed operations aggregate; $1,000,000 Personal Advertising injury;
$50,000 any one fire; and $5,000 Medical payment per person. Medical operations
coverage shall be provided for a minimum period of one (1) year following final
acceptance.
Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per
person; $1,000,000 for bodily injury for each accident; and $1,000,000 for property
damage applicable to all vehicles operating both on County property and elsewhere, for
vehicles owned, hired, and non -owned vehicles used in the performance of this Contract.
Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits
of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and
subcontractors where:
(1) the Work includes Construction Surveying and/or Survey Monumentation
and/or
(2) plans, specifications, and submittals are required to be signed and sealed by the
Contractor's or subcontractor's Professional Engineer including but not limited to
(a) Shop drawings and working drawings as defined in subsection 105.25
of the Specifications,
(b) Mix designs,
(c) Contractor performed design work as required by the plans and
Specifications,
(d) Change Orders, or
(e) Approved Value Engineering Proposals.
The policy shall cover professional misconduct or lack of ordinary skill for those positions
defined in the Scope of Services of this contract. Contractor shall maintain limits for all
claims covering wrongful acts, errors and/or omissions, including design errors, if
applicable, for damage sustained by reason of or in the course of operations under this
Contract resulting from professional services. In the event that the professional liability
insurance required by this Contract is written on a claims -made basis, Contractor warrants
that any retroactive date under the policy shall precede the effective date of this Contract;
and that either continuous coverage will be maintained or an extended discovery period
will be exercised for a period of two (2) years beginning at the time work under this
Contract is completed.
Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000
and shall become primary in the event the primary liability policy limits are impaired or
exhausted. The policy shall be written on an Occurrence form and shall be following form
of the primary.
Pollution Liability. Weld County requires this coverage whenever work at issue under this
Contract involves potential pollution risk to the environment or losses caused by pollution
conditions that may arise from the operations of the Contractor described in the Exhibits.
The policy shall cover the Contractor's completed operations. Coverage shall apply to
sudden and gradual pollution conditions resulting from the escape of release of smoke,
vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste
materials, or other irritants, contaminants, or pollutants (including asbestos). If the
coverage is written on a claims -made basis, the Contractor warrants that any retroactive
date applicable to coverage under the policy precedes the effective date of this Contract;
and that continuous coverage will be maintained or an extended discovery period will be
exercised for a period of three (3) years beginning from the time that work under this
contract is completed.
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 1,000,000
Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless
otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in
a company or companies lawfully authorized to do business in Colorado, Builders' Risk
Insurance in the amount of the initial contract amount as described in the attached Exhibits,
plus the value of subsequent modifications, change orders, and cost of material supplied or
installed by others, comprising total value of the entire Project at the site on a replacement
cost basis without optional deductibles.
1) The policy must provide coverage from the time any covered property becomes
the responsibility of the Contractor, and continue without interruption during
construction, renovation, or installation, including any time during which the
covered property is being transported to the construction installation site, or
awaiting installation, whether on or off site.
2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided
in the Contract Documents or otherwise agreed in writing by all persons and
entities who are beneficiaries of such insurance, until final payment has been
made or until no person or entity other than the County 's has insurable interest
in the property to be covered, whichever is later.
3) The Builders' Risk insurance shall include interests of the County and if
applicable, affiliated or associate entities, the General Contractor,
subcontractors and sub -tier contractors in the Project.
4) The Builders' Risk Coverage shall be written on a Special Covered Cause of
Loss form and shall include theft, vandalism, malicious mischief, collapse,
false -work, temporary buildings, transit, debris removal including demolition,
increased cost of construction, architect's fees and expenses, flood (including
water damage), earthquake, and if applicable, all below and above ground
structures, piping, foundations including underground water and sewer mains,
piling including the ground on which the structure rests and excavation,
backfilling, filling, and grading. Flood damage coverage is not required for
work within the floodway or 100 year floodplain. Regardless, Contractor shall
bear all risk associated with any and all loss resulting from flood events during
construction.
5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy
shall specifically permit occupancy of the building during construction. County
Contractor shall take reasonable steps to obtain consent of the insurance
company and delete any provisions with regard to restrictions within any
Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy
shall remain in force until acceptance of the project by the County.
6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included
as required by the Contract Documents or by law, which shall specifically cover
insured equipment during installation and testing (including cold and hot
testing).
7) The deductible shall not exceed $25,000 and shall be the responsibility of the
Contractor for all covered perils within the required policy.
For all general liability, excess/umbrella liability, and professional liability policies, if the
policy is a claims -made policy, the retroactive date must be on or before the contract date
or the first date when any goods or services were provided to County, whichever is earlier.
b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a
policy, or other proof of insurance as determined in County's sole discretion. Contractor
shall provide a certificate of insurance naming Weld County, Colorado, its elected officials,
and its employees as an additional named insured.
c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing
services under this Agreement have or will have the above described insurance prior to the
commencement of the Work, or otherwise that they are covered by the Contractor's
policies to the minimum limits as required herein. Contractor agrees to provide proof of
insurance for all such subcontractors upon request by the County.
d. No limitation of Liability: The insurance coverages specified in this Agreement are the
minimum requirements, and these requirements do not decrease or limit the liability of
Contractor. The County in no way warrants that the minimum limits contained herein are
sufficient to protect the Contractor from liabilities that might arise out of the performance
of the Work under by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or
prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved
of any liability or other obligations assumed or pursuant to the Contract by reason of its
failure to obtain or maintain insurance in sufficient amounts, duration, or types. The
Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance
that it may deem necessary to cover its obligations and liabilities under this Agreement.
e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that
it has met the insurance requirements identified herein. The Contractor shall be responsible
for the professional quality, technical accuracy, and quantity of all services provided, the
timely delivery of said services, and the coordination of all services rendered by the
Contractor and shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies.
14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions,
claims, or willful acts or omissions of any type or character arising out of the Work done in
fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The
Contractor shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this Agreement
or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will
be responsible for primary loss investigation, defense and judgment costs where this contract of
indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive
all rights of subrogation against the County its associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the
work performed by the Contractor for the County. A failure to comply with this provision shall
result in County's right to immediately terminate this Agreement.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by
Contractor to assign or transfer its rights hereunder without such prior approval by County shall,
at the option of County, automatically terminate this Agreement and all rights of Contractor
hereunder. Such consent may be granted or denied at the sole and absolute discretion of County.
16. Examination of Records. To the extent required by law, the Contractor agrees that any
duly authorized representative of County, including the County Auditor, shall have access to and
the right to examine and audit any books, documents, papers and records of Contractor, involving
all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these
documents for three years from the date of the last payment received.
17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts of
God, fires, strikes, war, flood, earthquakes or Governmental actions.
18. Notices. County may designate, prior to commencement of work, its project representative
("County Representative") who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to County Representative. All notices
or other communications made by one party to the other concerning the terms and conditions of
this contract shall be deemed delivered under the following circumstances:
a) personal service by a reputable courier service requiring signature for receipt; or
b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
Either party may change its notice address(es) by written notice to the other. Notice shall be
sent to:
Contractor:
Name: Ernie Crownover
Position:
Address: 609 Gyrfalcon Court, Unit D
Address: Windsor, CO. 80550
E-mail: ecrownover@p tcccorp.net
Phone: 970-460-0583
County:
Name: Toby Taylor
Position: Facilities Director
Address: 1105 H Street
Address: Greeley, CO. 80632
E-mail: ttaylor@weldgov.com
Phone: 970-400-2021
19. Compliance with Law. Contractor shall strictly comply with all applicable federal and
State laws, rules and regulations in effect or hereafter established, including without limitation,
laws applicable to discrimination and unfair employment practices.
20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or
use other Contractors or persons to perform services of the same or similar nature.
21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
22. Fund Availability. Financial obligations of the County payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available. Execution of this Agreement by County does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-
50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement.
24. Survival of Termination. The obligations of the parties under this Agreement that by
their nature would continue beyond expiration or termination of this Agreement (including without
limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall
survive any such expiration or termination.
25. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed
and enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
26. Governmental Immunity. No term or condition of this Agreement shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq.,
as applicable now or hereafter amended.
27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement
of the terms and conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in this Agreement.
It is the express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental beneficiary only.
28. Board of County Commissioners of Weld County Approval. This Agreement shall
not be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Contractor
agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform work
under this Agreement. Contractor will confirm the employment eligibility of all employees who
are newly hired for employment in the United States to perform work under this Agreement,
through participation in the E -Verify program of the State of Colorado program established
pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement or enter into a contract with a subcontractor
that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify
Program or State of Colorado program procedures to undertake pre -employment screening or job
applicants while this Agreement is being performed. If Contractor obtains actual knowledge that
a subcontractor performing work under this Agreement knowingly employs or contracts with an
illegal alien Contractor shall notify the subcontractor and County within three (3) days that
Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal
alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting
with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the
contract if within three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to
C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor
participates in the State of Colorado program, Contractor shall, within twenty days after hiring a
new employee to perform work under the contract, affirm that Contractor has examined the legal
work status of such employee, retained file copies of the documents, and not altered or falsified
the identification documents for such employees. Contractor shall deliver to County, a written
notarized affirmation that it has examined the legal work status of such employee and shall comply
with all the other requirements of the State of Colorado program. If Contractor fails to comply
with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate
this Agreement for breach, and if so terminated, Contractor shall be liable for actual and
consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state funds under the contract, Contractor must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United States
pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under
the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty
of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United
States pursuant to federal law, (b) shall produce one of the forms of identification required by
C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by
C.R.S. § 24-76.5-103 prior to the effective date of the contract.
31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of
$500,000 annually, or for public contracts for road or bridge construction in excess of $50,000,
Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least
eighty percent of the work under this Contract. "Colorado labor" means any person who is a
resident of the state of Colorado at the time of the public works project, who can provide a valid
Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that
he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may
waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient
Colorado labor is available to perform the work, and this requirement would create an undue
burden that would substantially prevent the work from proceeding to completion. [This section
shall not apply to any project which is funded in whole or in part with federal funds, or where
otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c),
this section shall not apply if the Work is funded wholly or in part with federal funds.]
32. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor,
concerning this Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf.
33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by
any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,
with the attached Exhibits A and B, is the complete and exclusive statement of agreement between
the parties and supersedes all proposals or prior agreements, oral or written, and any other
communications between the parties relating to the subject matter of this Agreement.
CONTRACTOR:
TCC Corporation
By:
Name: I/X-1 AN CUINNoUSte.--
Title: V, ce ?Les epew(
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WELD COUNTY:
ATTEST: l�ithA) 'L;tik
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board �� WE I1i COUNTY, COLORADO
BY:
Deputy Clerk to the Board
cott K. James, Chair
DEC 1 9 2022
Exhibit A
REQUEST FOR BID
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
DATE: OCTOBER 14, 2022
BID NUMBER: B2200160
DESCRIPTION: 4H BUILDING HVAC & ELECTRICAL SYSTEMS UPGRADE
DEPARTMENT: FACILITIES
MANDATORY PRE -BID CONFERENCE DATE: OCTOBER 27, 2022
BID OPENING DATE: NOVEMBER 9, 2022
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:
4H BUILDING HVAC & ELECTRICAL SYSTEMS UPGRADE
A mandatory pre -bid conference will be held on October 27, 2022 at 9:00 AM at the Weld County 4H
Building located at 427 15th Avenue, Greeley, CO 80631. Bidders must participate and record their presence
at the pre -bid conference to be eligible to submit bids.
Bids will be received until: November 9, 2022 at 9:00 AM (Weld County Purchasing Time Clock). The
submitted bids will be read over a Microsoft Teams Conference Call on November 9, 2022 at 9:30 AM. To
join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid
opening in person at the Weld County Administration Building, Fort St. Vrain Meeting Room, 1150 O Street,
Greeley, CO 80631.
Phone number: 720-439-5261 Phone Conference ID: 359 748 597#
PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST
NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 8 MAY
BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8.
2. INVITATION TO BID:
Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise
and/or equipment shall be delivered to the location(s) specified herein.
Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts,
and shall, in every way, be the total net price which the bidder will expect Weld County to pay if awarded the
bid.
You can find information concerning this request on the BidNet Direct website at
https://www.bidnetdirect.com/. Weld County Government is a member of BidNet Direct which is an online
notification system being utilized by multiple non-profit and governmental entities. Participating entities post
their bids, quotes, proposals, addendums, and awards on this one centralized system.
Did Delivery to Weld County:
1. Emailed bids are required. Email bids to bidsAweldgov.com; however, if your bids exceeds 25MB
please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is
500 MB. PDF format is required. Emailed bids must include the following statement on the email: "I hereby
waive my right to a sealed bid". An email confirmation will be sent when your bid is received. Please call
Purchasing at 970-400-4222 or 4223 with any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION:
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department.
Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids
by partnerships must furnish the full names of all partners and must be signed with the partnership name by
one of the members of the partnership or by an authorized representative, followed by the signature and title
of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed
by the name of the state of the incorporation and by the signature and title of the president, secretary, or
other person authorized to bind it in the matter. The name of each person signing shall also be typed or
printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary,"
'agent," or other title without disclosing his principal, may be held to be the bid of the individual signing.
When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing
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 Bid Forms
which are included in this package and on the basis indicated in the Bid Forms. The Bid must be filled out
completely, in detail, and signed by the Bidder.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that
the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1,
entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure
place. No responsibility will attach to the Weld County Controller for the premature opening of a bid not
properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld
County Controller; said request being received from the withdrawing bidder prior to the time fixed for award.
Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it
has been awarded. Bidders are expected to examine the conditions. specifications, and all instructions
contained herein. failure to do so will be at the bidders' risk.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference
to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also
understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with
C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing,
lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any
and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid
that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s)
may be awarded to more than one vendor.
In submitting the bid. the bidder agrees that the signed bid submitted, all of the documents of the Request
for Bid contained herein (including, but not limited to, product specifications and scope of services), the
successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a
contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County
may require a separate contract, which if required, has been made a part of this RFB.
4. GENERAL PROVISIONS:
A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By
acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond
the current fiscal year.
B. Trade Secrets and other Confidential Information: Weld County discourages bidders from
submitting confidential information, including trade secrets, that cannot be disclosed to the public. If
BID REQUEST #B2200160 Page 2
necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal,
clearly denoting in red on the information at the top the word, "CONFIDENTIAL" However, the successful
bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201,
et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the
confidentiality of all documents. The bidder is responsible for ensuring that all information contained within
the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV)
(Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical
data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review
the confidential materials to determine whether any of them may be withheld from disclosure pursuant to
CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will
not be responsible for redacting or identifying Confidential information which is included within the body of
the bid and not separately identified. Any document which is incorporated as an exhibit into any contract
executed by the County shall be a public document regardless of whether it is marked as confidential.
C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
D. Independent Contractor: The successful bidder shall perform its duties hereunder as an
independent contractor and not as an employee. He or she shall be solely responsible for its acts and those
of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder
nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The
successful bidder and its employees and agents are not entitled to unemployment insurance or workers'
compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such
coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will
be available to the successful bidder and its employees and agents only if such coverage is made available
by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment
taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful
bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or
understanding, except as expressly set forth in the contract. The successful bidder shall have the following
responsibilities with regard to workers' compensation and unemployment compensation insurance matters:
(a) provide and keep in force workers' compensation and unemployment compensation insurance in the
amounts required by law, and (b) provide proof thereof when requested to do so by Weld County.
E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and
state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable
to discrimination and unfair employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of the contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and
void.
G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim
or right of action whatsoever by any other person not included in the contract. It is the express intention of
the undersigned parties that any entity other than the undersigned parties receiving services or benefits
under the contract shall be an incidental beneficiary only.
H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful
bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for
the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder.
BID REQUEST #B2200160 Page 3
I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business
enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for
an award.
J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment
and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the project. The successful bidder shall further be responsible
for the timely completion, and acknowledges that a failure to comply with the standards and requirements
outlined
the 1'1: within t time 1' '!__J t_. County
result
County's decision to withhold
outlined in Bid the limits presut ibed by County may result in 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
signed by both parties. No additional services or work performed by the successful bidder shall be the basis
for additional compensation unless and until the successful bidder has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has been
unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall
be the basis of any increase in the compensation payable hereunder.
N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement
in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall
not enter into any subcontractor agreements for the completion of this Project without County's prior written
consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable
discretion to approve all personnel assigned to the subject Project during the performance of this Agreement
and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the
Project. The successful bidder shall require each subcontractor, as approved by County and to the extent
of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of
this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which
the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the
obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful
bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible
for the acts and omissions of its agents, employees and subcontractors.
O. Warranty: The successful bidder warrants that services performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions of this
Agreement. The successful bidder further represents and warrants that all services shall be performed by
qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that
all services will conform to applicable specifications.
The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from
defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the
minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied
and that the goods are free and clear of all liens, encumbrances, and security interests.
Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time,
and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld
County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year
period after said goods are first supplied to Weld County.
BID REQUEST #82200160 Page 4
Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids
are submitted:
1. Detailed equipment specifications to include the warranty.
2. Descriptive literature.
P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by the successful
bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of
County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such
consent may be granted or denied at the sole and absolute discretion of County.
Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to
any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other
contractors or persons to perform services of the same or similar nature.
S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any
manner or degree interfere with the performance of the successful bidder's services and the successful
bidder shall not employ any person having such known interests. During the term of this Agreement, the
successful bidder shall not engage in any in any business or personal activities or practices or maintain any
relationships which actually conflicts with or in any way appear to conflict with the full performance of its
obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision
may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the
successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee
or hold any such pcsition which either by rule, practice or action nominates, recommends, supervises the
successful bidder's operations, or authorizes funding to the successful bidder.
T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of the
parties.
U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall
be null and void.
V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
W. Compensation Amount: Upon the successful bidder's successful completion of the service, and
County's acceptance of the same, County agrees to pay an amount no greater than the amount of the
accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by
County unless a "change order" authorizing such additional payment has been specifically approved by the
County's delegated employee, or by formal resolution of the Weld
X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code.
County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful
bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime
BID REQUEST #B2200160 Page 5
and/or double time rates for work done outside of normal business hours unless specifically authorized in
writing by County.
6. INSURANCE REQUIREMENTS:
Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution
of any agreement or commencement of any work, the following insurance covering all operations, goods or
services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage
in force at all times during the term of the Agreement, or any extension thereof, and during any warranty
The
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period. r t re required eu insurance ai nce shall be underwritten by an insurer licer sed to UU business it I Color ado aI rU
rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement
stating "Should any of the above -described policies by canceled or should any coverage be reduced before the
expiration date thereof, the issuing company shall send written notice to the Weld County Controller by
certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such
cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days
prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the
Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -
insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost
to County, in the amount of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverages specified in this Agreement are the minimum requirements, and these requirements
do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits
contained herein are sufficient to protect them from liabilities that might arise out of the performance of the
work under this Contract by the Contract Professional, its agents, representatives, employees, or
subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or
prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any
liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own
expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and
liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld
County.
The Contract Professional stipulates that it has met the insurance requirements identified herein. The
Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all
services provided, the timely delivery of said services, and the coordination of all services rendered by the
Contract Professional and shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies.
INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or
omissions of Contract Professional, or claims of any type or character arising out of the work done in
fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under
workers' compensation law or arising out of the failure of the Contract Professional to conform to any
statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible
and liable for any and all injuries or damage received or sustained by any person, persons, or property on
account of its performance under this Agreement or its failure to comply with the provisions of the Agreement,
or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or
in its provisions of the materials required herein, or from any claims or amounts arising or recovered under
the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive
expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary
loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of
the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the
County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees;
employees, agents, and volunteers for losses arising from the work performed by the Contract Professional
for the County. A failure to comply with this provision shall result in County's right to immediately terminate
this Agreement.
BID REQUEST #B2200160 Page 6
Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any
Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the Contract Professional's employees acting within the course and scope of their
employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not
apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act.,
AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed
under the contract.
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person,
$1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles
operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used
in the performance of this Contract.
Professional Liability (Errors and Omissions Liability)
The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the
Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful
acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in
the course of operations under this Contract resulting from professional services. In the event that the
professional liability insurance required by this Contract is written on a claims -made basis, Contract
Professional warrants that any retroactive date under the policy shall precede the effective date of this
Contract; and that either continuous coverage will be maintained or an extended discovery period will be
exercised for a period of two (2) years beginning at the time work under this Contract is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
Contract Professionals shall secure and deliver to the County at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of the Agreement as the same may be
extended as herein provided, a commercial general liability insurance policy, including public liability and
property damage, in form and company acceptable to and approved by said Administrator, covering all
operations hereunder set forth in the related Bid.
Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of
insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole
discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability,
and inland marine, Contract Professional's insurer shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights
against County.
Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other
entities providing goods or services required by this Agreement shall be subject to all of the requirements
herein and shall procure and maintain the same coverages required of Contract Professional. Contract
Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers
or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required
BID REQUEST #B2200160 Page 7
coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors,
independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County.
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response
to the Bid each of which forms an integral part of this Agreement. Those documents are specifically
incorporated herein by this reference.
BID REQUEST #B2200160 Page 8
SCOPE OF WORK
Weld County
4H Building HVAC & Electrical Systems Upgrade
PROJECT OVERVIEW:
Weld County is seeking a turn -key lump sum bid to renovate and replace the existing HVAC and electrical
system(s) at the Weld County 41-1 Building, 427 N. 15th Avenue, Greeley, CO in the Island Grove Park.
METHOD OF PROCUREMENT:
Request for Bid (RFB): is a procurement method often referred to as a sealed bid solicitation. When
issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's
terms and conditions are required. Incomplete or non -responsive bids will be eliminated from
consideration. Low price is the key consideration by Weld County in awarding a RFB the contract.
PROJECT SCOPE:
Weld County is seeking bids for the upgrade or its existing HVAC and Electrical systems at the 4H
building. This scope of work will include but not limited to, demolition, mechanical, plumbing, electrical,
and architectural scopes of work. Scope will include but not limited to upgrading the electrical service to 3
phase, and removing or adding HVAC equipment along with all associated tie ins. With the additions and
removal of electrical and mechanical equipment the contractor will have to repair or modify existing
finishes both inside and outside of the building. The new RTU's will require a guardrail to be fabricated
and installed for leading edge safety. All scopes of work will need to conform with this scope of work, and
the project documents provided at the time of bid submission.
• Bid Specs I — 4H Building Project Documents
I. Contractor will be responsible for procuring and executing all scopes of work as outlined and specified
in the projects contract documents that have been provided during this bid request per the attachment
outlined above. This will include but not limited to all associated labor, materials, and equipment. It is
the contractor's responsibility at the time of bid submission to ensure that all project specifications and
requirements have been included per the project documents provided.
2. Weld County will facilitate the request from the power service company to upgrade the service and pay
for any plant investment fees. All coordination and construction related task and or fees will be the
responsibility of the contractor.
3. Weld County will facilitate the coordination of this project with the City of Greeley on behalf of the
contractor. All communication and coordination with the City of Greeley must be done through the
County project manager.
BID REQUEST #62200160 Page 9
PROJECT SPECIFIC TERMS AND CONDITIONS:
1. All submittals will need to be provided to the County project manager for review and approval
immediately after contract execution.
2. Project drawings are diagrammatic and show general design intent, arrangement, and general extent of
systems. They are not to be used as shop drawings. Field coordination for all routing and arrangement of
systems is the responsibility of the contractor.
3. Any additional work or scope that may be needed must be submitted to the County project manager in
writing and approved before any work is to be started. If the contractor does not submit in writing and
receive written approval but starts any additional work, the contractor will be responsible for all
associated cost and or schedule impacts/delays.
4. Project specifications per the project documents for equipment and design must be adhered to,
equipment substitutions will not be allowed unless they are approved by the architect and Weld County
project manager.
5. Contractor is responsible for all locates and must provide Weld County copies of all locate reports.
6. Contractor is responsible for the protection of all underground and aboveground utilities including but
not limited to water, electrical, and sewer.
7. Contractor will be responsible for procurement and install of four (4) bollards at the ground level
RTU's. Exact placement of bollards will be field coordinated with contractor and Weld County project
manager. Bollards are required to be 6" in diameter and 72" in length with a finish height of 36" above
ground. All bollards are required to be grout filled and painted with an exterior epoxy paint safety
yellow in color.
8. Contractor will provide programable thermostat controls per the project documents.
9. Contractor will be responsible for repairing or replacing all disturbed interior or exterior finishes that
may be damaged or exposed in the process of construction. All repairs shall match existing finishes.
10. Contractor will be responsible for final cleaning of all construction areas. This includes the exposed
spiral ducting in the hall.
11. County will provide Asbestos Testing and Abatement. Contractor will be responsible for project
coordination with County provided abatement company.
12. This building will remain open and could be occupied at times throughout this project. The contractor
and Weld County will need to work closely with the City of Greeley to properly schedule the work to be
completed around any commitments or obligations to the space that they may have at the time of
contract execution. Since we do not know at this time what equipment lead times are going to be we will
address this after contract execution, and lead times are known.
13. Any clarification or information needed from the contractor must be submitted through a Request for
Information (RFI) for response.
14. RFI's are only to be sent through the County project manager, RFI responses will be sent from the
County project manager to the construction team. Direct submissions to or responses from any other
source will not be permitted.
15. Work can be accomplished during normal working hours. Overtime and/or weekends will not be
required.
16. Contractor is responsible for all material handling and deliveries.
17. The contractor will provide a full-time superintendent of project manager on site while any work is
being performed.
18. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been
properly stored in the designated areas at the end of each shift to ensure normal operations are not
interrupted. If at any time Weld County personnel or contractors have to clean or move materials or
equipment that were not properly stored the contractor will assume all associated cost.
19. Contractor will be responsible to provide any temporary lighting or power that may be needed to
complete the scope of work.
BID REQUEST #B2200160 Page 10
PROJECT CLOSE OUT:
1. Contractor will provide two (2) paper copies, and PDF's, which will include all changes and or
modifications for all affected scopes. This will include but not limited to all redlined drawings, RFI's, or
discoveries, or any change from project documents.
2. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain
all warranties.
3. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals.
4. Contractor will provide formal training as outlined and required by all manufacturer's recommendations,
to Weld County's designated staff Contractor will provide a detailed report for all craftsmanship and
labor warranties.
5. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County
personnel associated with this project.
WELD COUNTY STANDARD TERMS AND CONDITIONS:
1. All damages to building structure and finishes shall be repaired to original condition as a part of this
contract.
2. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived.
Any other fees associated with this project will be paid for by the contractor.
3. Contractor is responsible for the coordination and scheduling of all inspections that are required for all
scopes per the conditions of the Weld County Building Permit. The contractor will be responsible for
having a qualified representative on site for any inspection.
4. All electrical work will be done by a qualified State Licensed electrician.
5. All plumbing work will be done by a qualified State Licensed plumber.
6. All mechanical work will be done by a qualified State Licensed technician.
7. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that
could be damaged is the responsibility of the contractor to protect at their cost. Any damages will be the
contractor's responsibility to repair or replace.
8. All lifting and hoisting equipment shall be provided by the contractor.
9. The projected contract date is expected to be December 12, 2022. Based on this date, provide expected
start and finish dates for each phase of this project.
10. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory
requirements.
11. No bid bond is required for this project.
12. Bids over $50,000 will require a payment (100%) and performance (100%) bond.
13. Contractor will be required to provide Professional Liability Insurance (PLI) and builders risk insurance
in the amount of the bid.
14. All trash and debris to be properly disposed of offsite. At no time will debris be allowed to accumulate.
15. Weld County is a tax-exempt entity.
16. Davis -Bacon and Buy American requirements are NOT required.
17. Contractor will be required to enter into a standard Weld County contract for this service. A standard
Weld County contract is available through the Weld County Purchasing Department and is available for
viewing upon request.
SCHEDULE:
1. Contractor is responsible for providing and maintaining a full project schedule as well as a three week
look ahead schedule throughout the life of this project. Contractor will have an updated project schedule
available upon request.
BID REQUEST #B2200160 Page 11
2. The contractor will host a weekly coordination meeting with all associated contractors, and County
representatives. At this time the contractor will provide the three (3) weeks look ahead schedule as well
as all applicable updates to the overall project schedule. This will need to be submitted in person at the
weekly meeting as well as sent electronically to the County project manager and construction team.
Below is the anticipated schedule for this project:
Date Of This Bid
Advertisement Date
Pre -Bid Conference
Bid Questions are Due
Bids Are Due
Bid Award Notice
Contract Execution
Construction Start
Construction Finish
PROPOSED DATES:
October 14, 2022
October 14, 2022
October 27, 2022
November 3, 2022
November 9, 2022
November 28, 2022
December 12, 2022
Immediately upon receipt of signed contract
April 28, 2023
Please provide proposed schedule dates with the expectation of contract execution being December 12,
2022.
Construction Start
Construction Finish
TOTAL LUMP SUM COST:
Please provide lump sum cost per the breakout below.
ARCHITECTURAL
$
MECHANICAL
r$
ELECTRICAL
$
PLUMBING
$
OTHER
y$
SUM
$
TOTAL LUMP
COST
BID REQUEST #B2200160
Page 12
BID SUBMITTAL INSTRUCTIONS:
The following items must be completed and submitted with your bid on or before the bid opening
deadline of 9:00 AM on November 9, 2022:
1) Pages 9 thru 14 of the Bid Specifications.
2) W9, if applicable. *
3) Any future Addenda must be completed.
4) All other items as requested in the Scope of Work.
*A current W9 is required for new bidders. If you have previously worked with Weld County, only provide
your W9 if there has been a change.
Failure to include any of the above items upon submittal of your bid may result in your bid being
incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with
your bid, it may be disqualified.
BID REQUEST #B2200160 Page 13
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in
the Request for Bid No. #B2200160.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local
taxes
3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying
Bid sheets.
4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including,
but not iii ited to, product specifications and ,VUNc Uf service's), ai id the formal acceptance of the bid by
Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of
the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to
accept the bid that, in the opinion of. the Board of County Commissioners, is to the best interests of Weld
County. The bid(s) may be awarded to more than one vendor.
FIRM BY
BUSINESS
ADDRESS
CITY, STATE,
(Please print)
DATE
ZIP CODE
TELEPHONE NO
FAX TAX ID #
SIGNATURE E-MAIL
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8.
ATTEST:
Weld County Clerk to the Board
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy Clerk to the Board Scott K. James, Chair
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
Controller
PSRFB0922
BID REQUEST #B2200160 Page 14
Weld County 4H Building
HVAC And Electrical Upgrades
B2200160 - QUESTION & ANSWERS
1. Question: P1.0 note 3 says gas connection to existing furnace connect new %" gas pipe to
furnace. Is there a drawing showing the new %" gas line? P2.0 shows an existing gas line along
east wall, are we connecting to that line?
Answer: New 3/4" gas line for the new furnace is to follow the same pathway as the existing
furnace gas connection that is being removed.
Question: P2.0 note 3, demo and remove gas line back to main? Drawings don't indicate the
main. Is this in SE corner of building?
Answer: The main inside gas line runs the interior perimeter of the building and feeds the heaters
that are to be removed. The main is noted as the (E) GAS on the drawings. Note 3 refers to the tie
in line from the interior perimeter gas line to each of the heaters. The tie in is what is to be
removed and capped.
3. Question: Are we reusing the existing CU pad?
Answer: No
4. Question: The housekeeping pads for new RTU's 1 &2, are they 4" or 6"? Both are called out on
drawings.
Answer: 6"
5. Question: For the new RTU pads, is there asphalt that needs to be removed?
Answer: Yes
6. Question: Are we painting the railings?
Answer: Yes
7. Question: Drawing A3, west side, do we have a spec as to what the windows should be?
Drawings don't really call them out as new windows, if hollow metal do you want them painted?
Answer: These are not windows. Please refer to A3 detail 1 for the masonry lintel. Refer to M1.1
for RTU supply and return which will utilize these openings.
8. Question: Are we painting the guard rail?
Answer: Yes
9. Question: I would like to know if the existing panels are to be upgraded or simply re -fed from
the new switch gear as it seems to be worded in the notes on the print.
Answer: Panels are to be upgraded.
10. Question: Is the electrical contractor responsible for supplying the upgraded transformer and
switch gear, or just installing them?
Answer: Contractor is responsible for supplying and installing. Weld County will pay for all Plant
Investment Fees only.
Weld County 41-I Building
HVAC And Electrical upgrades
B2200160 - QUESTION & ANSWERS - 2
1. Question: Question 9 states we are to upgrade panels. However, Drawing E0.20, detail 2 shows
all the panels as existing except B. Drawing E1.0 also shows all of those as (E) existing panels.
There isn't enough information for them to know what the upgrade should consist of
Answer: Panels except for B will remain as existing, as shown on the drawings.
2. Question: Do you think by "plant investment fees" he means the Xcel fees for Xcel to replace the
transformer?
Answer: Xcel will replace the transformer and that will covered in the plant investment fees.
Contractor is responsible for everything beyond the transformer including pathways to the switch
gear and feeders. County will pay any XCEL fees directly to XCEL.
3. Question: The bid invite and the drawings show 2 different addresses, 427 15th Ave and 501
14th Ave. Xcel indicates that 427 does not exist, but 501 is a city of Greeley owned property.
Answer: The address to the building is 427 15`h Ave. Xcel has the wrong address set up within
their account. They are working to correct that with the City of Greeley. This property is owned
by Weld County but occupied and operated by the City of Greeley, which is why there is an issue
with the address and Xcel.
Exhibit B
SCOPE OF WORK
Weld County
4H Building HVAC & Electrical Systems Upgrade
PROJECT OVERVIEW:
Weld County is seeking a tam -key lump sum bid to renovate and replace the existing HVAC and electrical
system(s) at the Weld County 4H Building, 427 N. 15th Avenue, Greeley, CO in the Island Grove Park.
METHOD OF PROCUREMENT:
Request for Bid (RFB): is a procurement method often referred to as a sealed bid solicitation. When
issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's
terms and conditions are required. Incomplete or non -responsive bids will be eliminated from
consideration. Low price is the key consideration by Weld County in awarding a RFB the contract.
PROJECT SCOPE:
Weld County is seeking bids for the upgrade or its existing HVAC and Electrical systems at the 4H
building. This scope ol'work will include but not limited to, demolition, mechanical, plumbing, electrical,
and architectural scopes of work. Scope will include but not limited to upgrading the electrical service to 3
phase, and removing or adding HVAC equipment along with all associated tie ins. With the additions and
removal of electrical and mechanical equipment the contractor will have to repair or modify existing
finishes both inside and outside of the building. The new RTU's will require a guardrail to be fabricated
and installed for leading edge safety. All scopes of work will need to conform with this scope of work, and
the project documents provided at the time of bid submission.
• Bid Specs I — 4H Building Project Documents
I. Contractor will be responsible for procuring and executing all scopes of work as outlined and specified
in the projects contract documents that have been provided during this bid request per the attachment
outlined above. This will include but not limited to all associated labor, materials, and equipment. It is
the contractor's responsibility at the time of bid submission to ensure that all project specifications and
requirements have been included per the project documents provided.
2. Weld County will facilitate the request from the power service company to upgrade the service and pay
for any plant investment fees. All coordination and construction related task and or fees will be the
responsibility of the contractor.
3. Weld County will facilitate the coordination of this project with the City of Greeley on behalf of the
contractor. All communication and coordination with the City of Greeley must be done through the
County project manager.
BID REQUEST #82200160 Page 9
PROJECT SPECIFIC TERMS AND CONDITIONS:
1. All submittals will need to be provided to the County project manager for review and approval
immediately after contract execution.
2. Project drawings are diagrammatic and show general design intent, arrangement, and general extent of
systems. They are not to be used as shop drawings. Field coordination for all routing and arrangement of
systems is the responsibility of the contractor.
3. Any additional work or scope that may be needed must be submitted to the County project manager in
writing and approved before any work is to be started. If the contractor does not submit in writing and
receive written approval but starts any additional work, the contractor will be responsible for all
associated cost and or schedule impacts/delays.
4. Project specifications per the project documents for equipment and design must be adhered to,
equipment substitutions will not be allowed unless they are approved by the architect and Weld County
project manager.
5. Contractor is responsible for all locates and must provide Weld County copies of all locate reports.
6. Contractor is responsible for the protection of all underground and aboveground utilities including but
not limited to water, electrical, and sewer.
7. Contractor will be responsible for procurement and install of four (4) bollards at the ground level
RTU's. Exact placement of bollards will be field coordinated with contractor and Weld County project
manager. Bollards are required to be 6" in diameter and 72" in length with a finish height of 36" above
ground. All bollards are required to be grout filled and painted with an exterior epoxy paint safety
yellow in color.
8. Contractor will provide programable thermostat controls per the project documents.
9. Contractor will be responsible for repairing or replacing all disturbed interior or exterior finishes that
may be damaged or exposed in the process of construction. All repairs shall match existing finishes.
10. Contractor will be responsible for final cleaning of all construction areas. This includes the exposed
spiral ducting in the hall.
11. County will provide Asbestos Testing and Abatement. Contractor will be responsible for project
coordination with County provided abatement company.
12. This building will remain open and could be occupied at times throughout this project. The contractor
and Weld County will need to work closely with the City of Greeley to properly schedule the work to be
completed around any commitments or obligations to the space that they may have at the time of
contract execution. Since we do not know at this time what equipment lead times are going to be we will
address this after contract execution, and lead times are known.
13. Any clarification or information needed from the contractor must be submitted through a Request for
Information (RFI) for response.
14. RFI's are only to be sent through the County project manager, RFI responses will be sent from the
County project manager to the construction team. Direct submissions to or responses from any other
source will not be permitted.
15. Work can be accomplished during normal working hours. Overtime and/or weekends will not be
required.
16. Contractor is responsible for all material handling and deliveries.
17. The contractor will provide a full-time superintendent of project manager on site while any work is
being performed.
18. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been
properly stored in the designated areas at the end of each shift to ensure normal operations are not
interrupted. If at any time Weld County personnel or contractors have to clean or move materials or
equipment that were not properly stored the contractor will assume all associated cost.
19. Contractor will be responsible to provide any temporary lighting or power that may be needed to
complete the scope of work.
BID REQUEST #62200160 Page 10
PROJECT CLOSE OUT:
1. Contractor will provide two (2) paper copies, and PDF's, which will include all changes and or
modifications for all affected scopes. This will include but not limited to all redlined drawings, RFI's, or
discoveries, or any change from project documents.
2. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain
all warranties.
3. Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals.
4. Contractor will provide formal training as outlined and required by all manufacturer's recommendations,
to Weld County's designated staff. Contractor will provide a detailed report for all craftsmanship and
labor warranties.
5. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County
personnel associated with this project.
WELD COUNTY STANDARD TERMS AND CONDITIONS:
1. All damages to building structure and finishes shall be repaired to original condition as a part of this
contract.
2. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived.
Any other fees associated with this project will be paid for by the contractor.
3. Contractor is responsible for the coordination and scheduling of all inspections that are required for all
scopes per the conditions of the Weld County Building Permit. The contractor will be responsible for
having a qualified representative on site for any inspection.
4. All electrical work will be done by a qualified State Licensed electrician.
5. All plumbing work will be done by a qualified State Licensed plumber.
6. All mechanical work will be done by a qualified State Licensed technician.
7. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that
could be damaged is the responsibility of the contractor to protect at their cost. Any damages will be the
contractor's responsibility to repair or replace.
8. All lifting and hoisting equipment shall be provided by the contractor.
9. The projected contract date is expected to be December 12, 2022. Based on this date, provide expected
start and finish dates for each phase of this project.
10. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory
requirements.
11. No bid bond is required for this project.
12. Bids over $50,000 will require a payment (100%) and performance (100%) bond.
13. Contractor will be required to provide Professional Liability Insurance (PLt) and builders risk insurance
in the amount of the bid.
14. All trash and debris to be properly disposed of offsite. At no time will debris be allowed to accumulate.
15. Weld County is a tax-exempt entity.
16. Davis -Bacon and Buy American requirements arc NOT required.
17. Contractor will be required to enter into a standard Weld County contract for this service. A standard
Weld County contract is available through the Weld County Purchasing Department and is available for
viewing upon request.
SCHEDULE:
1. Contractor is responsible for providing and maintaining a full project schedule as well as a three week
look ahead schedule throughout the life of this project. Contractor will have an updated project schedule
available upon request.
BID REQUEST #82200160 Page 11
2. The contractor will host a weekly coordination meeting with all associated contractors, and County
representatives. At this time the contractor will provide the three (3) weeks look ahead schedule as well
as all applicable updates to the overall project schedule. This will need to be submitted in person at the
weekly meeting as well as sent electronically to the County project manager and construction team.
Below is the anticipated schedule for this project:
Date Of This Bid
Advertisement Date
Pre -Bid Conference
Bid Questions are Due
Bids Are Due
Bid Award Notice
Contract Execution
Construction Start
Construction Finish
PROPOSED DATES:
October 14, 2022
October 14, 2022
October 27, 2022
November 3, 2022
November 9, 2022
November 28, 2022
December 12, 2022
Immediately upon receipt of signed contract
April 28, 2023
Please provide proposed schedule dates with the expectation of contract execution being December 12,
2022.
Lead times:
HVAC Equipment: 26 - 32 weeks Construction Start
Electrical MS62: 26+ weeks
TOTAL LUMP SUM COST:
Please provide lump sum cost per the breakout below.
May 1, 2023
Construction Finish July 15, 2023
ARCHITECTURAL
$ 47,696.00
MECHANICAL
$ 190,661.00
ELECTRICAL
$ 100,966.00
PLUMBING
$ 18,350.00
OTHER - general conditions, insurance, bond, OH&P
$ 92,952.00
TOTAL LUMP SUM COST
$ 450,646.00
Acknowled
ion & Answers (#1 & 21 elated 11/7/22 and 11/8/2
BID REQUEST #B2200160
Page 12
BID SUBMITTAL INSTRUCTIONS:
The following items must be completed and submitted with your bid on or before the bid opening
deadline of 9:00 AM on November 9, 2022:
1) Pages 9 thru 14 of the Bid Specifications.
2) W9, if applicable. *
3) Any future Addenda must be completed.
4) All other items as requested in the Scope of Work.
*A current W9 is required for new bidders. If you have previously worked with Weld County, only provide
your W9 if there has been a change.
Failure to include any of the above items upon submittal of your bid may result in your bid being
incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with
your bid, It may be disqualified.
BID REQUEST #82200160 Page 13
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in
the Request for Bid No. #B2200160.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local
taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying
Bid sheets.
4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including,
but not limited to, product specifications and scope of services), and the formal -acceptance of the bid by
Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of
the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to
accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld
County. The bid(s) may be awarded to more than one vendor.
FIRM TCC Corporation BY Ernie Crownover
(Please print)
BUSINESS
ADDRESS 609 Gyrfalcon Court, Unit D DATE 11/912022
CITY, STATE,
Windsor
ZIP CODE
CO 80550
TELEPHONE NO 970.460.0583 FAX 970.460.0871 TAX ID # 84-0964449
SIGNATURE----'
E-MAIL ecrownoverr@.tcccorp.net
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03651-0000. YOU DO NOT NEED TO SEND BACK PAGES 1- B.
ATTEST:
Weld County Clerk to the Board
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy Clerk to the Board Scott K. James, Chair
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
Controller
PSRFB0922
BID REQUEST #B2200160 Page 14
AWRO®
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
12/7/2022
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 WANED, subject to
the termsand 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 Renee trlcRe� Olds
NAME:
Ewing -Leavitt Insurance Agency, Inc.
4090 Clydesdale Parkway
tPHONE Eatk (970) 679-7344 1 l Nei. (6661425-61e0
IX ranee-mcreynolds@leavitt.com
Suite 101
INSURER{S) AFFORDING COVERAGE
NAIL 0
Loveland CO 80538
WsuRERA:Selective Insurance Company o£ America
012572
INSURED
INSURER B: Pinnacol Assurance
41190
TCC Coz,ration
INSURER C:
P O BOX 567
INSURER D:
INSURER E :
Windsor CO 80550
INSURER F:
COVERAGES
CERTIFICATE NUMBER:22-23
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN iSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY 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
IXIX
TYPE OF INSURANCE
ADM v.,
MBO YYVD
POLICY NUMBER
POLICY EFF
tag=
POLICY EXP
tMMN17/YYYY!
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
1 CLAIMS -MADE El OCCUR
X Blkt Waiver of Subrogation
X Y
$2325490
5/1/2022
5/1/2023
EACH OCCURRENCE
$ 1,000,000
OAMAGETORENTED
PREMISESxcurrenca).
$ 500,000
MED EXP (Any one person)
$ 15, 000
X Blkt Additional Insureds
PERSONAL BADV INJURY
$ 1,000,000
GEN.LAGGREGATE LIMIT APPLIES PER-
_ POLICY Q jT [ill LOC
OTHER'.
GENERALAGGREGATE
$ 3, 000 , 000
PRODUCTS - COMP/OPAGG
$ 3, 000 , 000
A
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED
AUTOS
X HIRED AUTOS
X Blkl VVOS
�— SCHEDULED
AUTOS
""— NONOWNED
8 AU70S
X BIM Addl Insureds
X Y
$2325490
5/1/2022
5/1/2023
COMBINED SINGLE LIMB"
(Ea cc7denU
$ 1,000 , 000
BODILY INJURY (Per person)
$
BODILY INJURY Per accident)
(
PROPERTYDAMAGE
(per accident)
$
A
X UMBRELLA LIAR X OCCUR
EXCESS LIAR CLAIMS -MADE
X Y
Follow Form
S2325490
5/1/2022
5/1/2023
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
DE0 I 'RETENTION $
$
13
WORKERS COMPENSATION
AND EMPLOYERS. LIABILITY ,/ IN
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER 711PR EXCLUDED? I !
{Mandatory in NH) LL�_..ii
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
y
incl Blanket Waiver of
4021079
7/1/2022
7/1/2023
X pER { C)TH-
STATUTE I ER
E EACH ACCIDENT
$ 500,000
EL DISEASE-EAEMPLOYEE
$ 500,000
E. L DISEASE - POLICY LIMIT
$ 500,000
A
Contractors Equip
S2325490
5/1/2022
5/1/2023
Rented/Leased Equity $250,000
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Re: 4H Building HVAC 6 Electrical Systems upgrade
Weld County, Colorado, its elected officials and its employees are named as additional insureds as
respects work performed. Waiver of subrogation endorsements are provided in favor of the additional
insureds.
CERTIFICATE HOLDER
CANCELLATION
Weld County Colorado
1150 O Street
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Greeley, CO 80631
AUTHORIZED REPRESENTATIVE
R M.Reynoids/RFS^EI
'744,roe
ACORD 25 (2014101)
INS025 (zoi4ot)
1988-2014 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Contract Form
New Contract Request
Entity Information
Entity Name*
TCC CORPORATION
Contract Name*
Entity ID.
'010034361
❑ New Entity?
Contract ID Parent Contract ID
4H BUILDING HVAC & ELECTRICAL SYSTEMS UPGRADE 6546
Contract Status
CTB REVIEW
Contract Description*
HVAC & ELECTRICAL SYSTEMS UPGRADE AT 4H BUILDING
Contract Description 2
Contract Type*
CONTRACT
Amount*
$450,646.00
Renewable*
NO
Automatic Renewal
Contract Lead*
SGEESAMAN
Contract Lead Email
sgeesarnancomeld.co.us
Requires Board Approval
YES
Department Project
Department Requested BOCC Agenda Due Date
BUILDINGS AND GROUNDS Date* 12 10 2022
12!'14 2022
Department Email
CM-
BuildingGrounds@weldgov.c
om
Department Head Email
CM-BuildingGrounds-
DeptHead aweldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
CDU NTYATTOR N EYWELDG
OV.C:OM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
YES
Bid/RFP #*
02200160
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
aces
Effective Date
Review Date*
07, 10 2023
Renewal Date
Termination Notice Period
Committed Delivery Date
Expiration Date
07{10/2023
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
CHRISTIE PETERS 1 2 1 3 2022
Approval Process
Department Head
TORY TAYLOR
DH Approved Date
12;13'2022
Final Approval
BDCC Approved
BDCC Signed Date
BDCC Agenda Date
12;19'2022
Driginator
SCEESAMAN
Finance Approver
CHRIS 5'O0101O
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
12= 13 2022 12,:'1 3!2022
Tyler Ref #
AG 121922
November 15, 2022
FACILITIES DEPARTMENT
PHONE: (970) 400-2020
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
To: Board of County Commissioners
From: Toby Taylor
Subject: 4H Building HVAC & Electrical Systems Upgrade (B2200160)
As advertised this bid is for the upgrade to the HVAC & Electrical Systems at the Weld County 4H
Building. The low bid is from BLS Electrical but did not meet bid specifications. The second low bidder
was from_Wagner Electric Company but did not meet bid specifications. The third low bidder was TCC
Corporation and meets specifications.
Therefore, the Facilities Department is recommending the award to TCC Corporation in the amount of
$450,646.00
If you have any questions, please contact meat extension 2023.
Sincerely,
Toby Taylor
Director
ZUZ2--311Z
B CI OOZeI
DATE OF BID: NOVEMBER 9, 2022
REQUEST FOR: 4H BULDING HVAC & ELECTRICAL SYSTEMS UPGRADE
DEPARTMENT: FACILITIES
BID NO: B2200160
PRESENT DATE: NOVEMBER 14, 2022
APPROVAL DATE: NOVEMBER 28, 2022
VENDOR
BLS ELECTRICAL INC
609 GYRFALCON COURT, UNIT B
WINDSOR, CO 80550
WAGNER ELECTRIC COMPANY
1517 2ND AVENUE
GREELEY, CO 80631
TCC CORPORATION
609 GYRFALCON COURT, UNIT D
WINDSOR, CO 80550
GROWLING BEAR INC.
2330 4TH AVENUE
GREELEY, CO 80631
WELD COUNTY PURCHASING
1150 O Street, Room #107, Greeley, CO 80631
reverett(aweldgov. co m
cgeisertweldgov.com
cmpeters(aiweldgov.com
Phone: (970) 400-4222, 4223 or 4216
Fax: (970) 400-4024
START FINISH
DATE DATE TOTAL
12/13/22 2/15/23 $ 83,623.11*
NOT PROVIDED NOT PROVIDED $106,066.55*
5/1/23 7/15/23 $450,646.00**
12/19/22 10/31/23 $576,357.00
*BID ELECTRIC ONLY
**LEAD TIMES: HVAC EQUIPMENT: 26-32 WEEKS ELECTRICAL MSB2: 26+ WEEKS
THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS.
2022-3172
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