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Home My WebLink About20220529.tiff(byl+va c+ I t (�3i October 12, 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: Ault Grader Shed -Change Order # 1 (82200045) After the bid was awarded to Landmark Builders inc., it was discovered the architectural plans did not identify the current building energy code. This resulted in a need for additional insulation to meet the current code. A change order in the amount of $24,281.00 was requested. Facilities Department is recommending the change order in the amount of $24,281.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Conse� � 1GU►d`a- lb/24/2Z 2(y72-O52 3GIoO2ti • CHANGE ORDER #11O SERVICE AGREEMENT BETWEEN WELD COUNTY AND LANDMARK BUILDERS, INC Date: October 12, 2022 Original Agreement: Weld County document no. 2022-0529 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the amended services as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor for said amended services in accordance with the Exhibit. 3. The amount of the contract is adjusted as follows: $ 898,419.00 Original Contract Amount $ 0.00 Previously Approved Change order(s) Amount $ 24,281.00 Current Change Order Amount $ 922,700.00 New Contract Total All other terms and conditions of the Original Agreement remain unchanged. CONTRA OR: By: Date Name: Title: �1( BOARD OF COUNTY COMMISSIONERS ATTEST: �1., WELD COUNTY, COLORADO Weld C6'urltv Clerk to the Bard / Deputy CI k tote Bo tt K. James, Chair OCT 2 4 2022 1of1 0 - o.�a9 Estimator: D. Grigsby LBI � Exhibit A: Change Proposal Date: 10/11/2022 LANDMARK Order it 1 Work Start Date: ASAP Change Est. No.: 1r1 BUILDERS INC. PROPOSAL SUBMITTED TO: PROJECT LOCATION: Client: Weld Co - Ault Grader Shed Weld Co - Ault Grader Shed Contact: Sterling Geesaman 41150 Tegan Ave. Via Email: Sgeesaman@weldgov.com Ault, CO 80610 j y DESCRIPTION VALUE Provide building thermal insulation for compliance with current energy code - IECC 24 281 $, 2018 (bid doc's indicated 2006). NOTES: Pricing is based on providing all labor, materials and equipment necessary to perform the work item described above. EXCLUSIONS: Anything not specifically described as included herein above. No restrictions on work hours nor work days is included. ACCEPTANCE OF PROPOSAL: The above prices, specifications, and conditions are satisfactory and are hereby accepted. AUTHORIZED SIGNATURES: Landmark Builders, Inc. Weld Co - Ault Grader Shed Date David Grigsby - General Manager Printed Name This proposal maybe withdrawn if not accepted within 30 days. 91yereate Quote g By: 09/06/2022 Effective for Materials Shipping By: 11/05/2022 A Distribution International Company Quote #: DQ048122-1 25 Logue Ct. Greenville, SC 29615 Shipping Branch: Denver, CO (J020) Phone: (844) 232-3701 Account # - ShipTo ID: 732351 QUOTATION CUSTOMER INFORMATION: PROJECT INFORMATION: LANDMARK BUILDERS INC Ault Grader Shed Updated Alternate 3812 CARSON AVE LANDMARK BUILDERS INC EVANS, CO 80620-2506 3812 CARSON AVE EVANS, CO 80620-2506 CONFIGURED BUILDING SECTION BLD NAME: Shed BLD DIMENSIONS: 60 ft W X 87 ft LX 16 ft H SS 1:12 FINAL DRAWINGS NEEDED QUANTITY: ROOF MATERIAL: R30 - Multi -Layer White Energy Saver System 619 - 6" Cavity + R11-31/2" Overlay 5413 sf WALLS MATERIAL: CCC 830-9 1/4" - Single Layer White Energy Saver System which includes 72, 60, 48, or 36 inch wide glass for Vertical 4860 sf Installation, insul-hold coils, thermal tape, banding, & screws *Pleose see Diagram Page for Wall Deduction Information BUILDING ACCESSORIES: QUANTITY: 3"X150' WHITE ENERGY SAVER PATCH TAPE (8) Shed 1 RL CHARGES AND DISCOUNTS DESCRIPTION: VALUE: Freight Freight Allowed Fuel Surcharge $229.74 Prepared By: Scott Graff S.Graff@Silvercote.com SALES TAX: Not Included Sales Team: Scott Graff/Silvia Chavez Page 1 of 2 Accepted By: Date: TOTAL (USD): $16,230.28 Total Weight: 5648.90 Truckloads: 0.59 IMPORTANT - PLEASE READ We accept responsibility for the accuracy of this estimate providing you sign above indicating that all dimensions, deductions, & material selections shown are correct. This quote does not include any applicable sales, use, excise or other taxes, tariffs, or duties that may be due with respect to this order. It is the responsibility of each customer to pay the sales tax invoiced unless a legal exemption applies. Silvercote LLC takes responsibility for the thermal performance of our insulation from design, to manufacturing the unfaced blanket, through lamination and delivery to your jobsite. Insulation products that fail to meet the intended R. value prior to installation will be replaced at our expense. For full details you can obtain a copy of our limited warranty on our website at "www.silvereote.com". Credit Terms: Pendi A< eetlon A rovai-Finance Cha a Added to Past Due Invoices. Page 2 of 2 Si/vercota 25 Logue Ct. Greenville, SC 29615 Phone: (844) 232-3701 Quote Date: 09/08/2022 Effective for Materials Shipping By: 11/07/2022 QUOTATION Quote #: DQ048492-1 Shipping Branch: Denver, CO (1020) Account # - ShipTo ID: 732351 CUSTOMER INFORMATION: PROJECT INFORMATION: LANDMARK BUILDERS INC Ault Grader Shed 2006 IECC Prescriptive Compliance 3812 CARSON AVE LANDMARK BUILDERS INC EVANS, CO 80620-2506 3812 CARSON AVE EVANS, CO 80620-2506 BID NAME: Shed CONFIGURED BUILDING SECTION BLD DIMENSIONS: 60 ft WX 87 ft LX 16 ft H ROOF MATERIAL: SS 1:12 FINAL DRAWINGS NEEDED 6" R-19 - Faced Blanket w/PSP VRR+ w/1-6 in Tab(s) WALLS MATERIAL: R30 -9 1/4" - Single Layer White Energy Saver System which includes 72, 60, 48, or 36 inch wide glass for Vertical Installation, insul-hold coils, thermal tape, banding, & screws •Please See Diagram Page for Wall Deduction Information BUILDING ACCESSORIES: 3"X150WHITE ENERGY SAVER PATCH TAPE (8) Shed 1-1/2X180' VENTURE SSL TAPE Shed 3" X 150' 1547CW WHITE WMP-VRR (16) Shed CHARGES AND DISCOUNTS DESCRIPTION: Freight Fuel Surcharge QUANTITY: 5544 sf 4860 sf QUANTITY: 1 RL 1 RL 1 RL VALUE: Freight Allowed $229.74 Comments: This insulation package that complies with 2006 IECC Prescriptive code is NOT Recommended. Page 1 of 2 Prepared By: Scott Graff S.Graff@Silvercote.com SALES TAX: Not Included Sales Team: Scott Graff /Silvia Chavez Accepted By: Date: TOTAL (USD): $12,345.33 Total Weight: 4538.83 Truckloads: 0.48 IMPORTANT - PLEASE READ We accept responsibility for the accuracy of this estimate providing you sign above indicating that all dimensions, deductions, & material selections shown are correct. This quote does not include any applicable sales, use, excise or other taxes, tariffs, or duties that may be due with respect to this order. It is the responsibility of each customer to pay the sales tax invoiced unless a legal exemption applies. Silvercote LLC takes responsibility for the thermal performance of our insulation from design, to manufacturing the unfaced blanket, through lamination and delivery to your jobsite. Insulation products that fail to meet the intended R - value prior to installation will be replaced at our expense. For full details you can obtain a copy of our limited warranty on our website at "www.silvercote.com". Credit Terms: Pendin A lication A roval-Finance Char a Added to Past Due Invoices. Page 2 of 2 EverThermal Solutions, LLC "Save Energy, Save Money" EverThermal Solutions, LLC. Jorge Sanchez (720) 312-5468 Metal Building Insulation- Roof- Approx. 5,413 sf R-30 Energy Craft Walls- Approx. 4,860 sf R-30 Energy Craft DESCRIPTION: Roof - Install Banding Install Energy Craft Install Insulation and assist roofers Walls - Install Insu-holds Install Insulation Install Energy Craft & Banding MATERIALS: All materials needed provided by Landmark Builders Inc. EQUIPMENT: 2 Electric or ET Scissor -lifts provided by Landmark Builders Inc. All Pricing Includes labor only. Payment due upon completion of project. Note: This proposal may be withdrawn by us if not accepted within 30 days. This proposal prepared by: Jorge Sanchez Signature: Proposal Date: September 19, 2022 Dave Kopetzky Landmark Builders Inc. Ault Grader Shed Roof Roof $1.50/sf $8,119.50 Walls Walls $1.30/sf $6,318.00 Subtotal $14,437.50 Tax 0.00 Total $14,437.50 Acceptance of proposal: The above price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Authorized Signature: Date of Acceptance: Make all checks payable to EverThermal Solutions, LLC. Thank you for your business! EverThermal Solutions, LLC. 568 Newark St., Aurora, CO 80010 (720) 312-5468 everthermalsolutionsllc@outlook.com Weld Co - Ault Grader Shed L B Ault, CO 80610 L-ANDMARK Pricing 10/11/2022 aullovRs .NC. sec, /PROD ITEM MH QUANTITY UNIT MATERIAL UNIT EQUIP. / SUB. UNIT LABOR TOTAL CE#1 - Bldg insulation IECC 2018 10,273 (SF - - 10.0000 Office Admit Support & Product Sourcing 10 1 !wks 65.00 65 130.00 130 650.00 - 650 - 845 0.0075 Roof - R30 multi -layer (R19/R11) Subk 5,413 jsf 16,230 0.07 8,119.50 0.34 1,826.89 26,176.39 0.0175 Walls - R30 single layer (Simple Saver) Subk 4,860 Ict w/ Above 0.00 6,318.00 6,318.00 0.0065 Deduct original spec'd insulation IECC 2006 (66.8) 10,273 isF (12,345) 0.06 (600.97) 029 (3,004.85) (15,950.82) 10.0000 Clean up, misc labor, and remove debris 10 1 IWks 45.00 45 90.00 90 450.00 450 585 Subtotal 3,995 14,057 (78) 17,974 0.00% Sales Tax- Exempt �._ 0 - �.._._.. Subtotal 3,995 14,057 - (78) 0 17,974 Gen. Conditions/Project Supervision Exp. 1 SWks 300.00 300 600.00 600 2,100 2,100 3,000 Adj. Crew/Supervision Exp. Per Diem, etc. 13.50% Subtotal Overhead & Profit .__ I I_ 4,295 14,657 2,022 0 20,974 580 1,979 273 2831 Subtotal 4,875 16,635 2 295 23,805 2.00% Bond Premium 476 476 Total $ 4,875 $ 17,111 $ 2,295 $ 24,281 PAGE 1/1 Weld Co - Ault Grader Shed EXTENDED BY D. Grigsby CE#1 - Bldg insulation IECC 2018 CHECKED BY New Contract Request Entity Information Entity Name* Entity ID? ❑ New Entity? LANDMARK BUILDERS INC O3)00409O3 Contract Name? Contract II) Parent Contract ID AULT GRADER SHED (2422-0529) 6388 Contract Status Contract Lear * Requires Board Approval CTB REVIEW SGEESAMAN YES Contract Lead Email Department Project # sgeesamanAco.weld.co.us Contract Description CHANGE ORDER # 1 -ADDITIONAL INSULATION TO COMPLY WITH BUILDING CODE Contract Description 2 Contract Type? Deparmient Requested BOCC Agenda Due Date CHANGE ORDER BUILDINGS AND GROUNDS Date* I S 1'20,+2022 10x`24,`2022 Amount* Department renal $24,281.40 CM- Will a work session with BOCC be required?* Build €ngGroundsA weldgov.C NO Renewable? om NO Does Contract require Purchasing Dept. to be included? Department Head l YES Automatic Renewal CM -to ldingGrcrunds- DeptHead nweldgov.com Grant t2200045 County Attorney GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYAWELOG OV.COM If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date? Renewal Date 12126 2022 Termination Notice Period Committed Delivery Date Expiration Date', 12; 26,E 21122 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved' Date CHRISTIE PETERS 10 i 18 2022 Approval Process Department Head Finance Approver TORY TAYLOR CHERYL PATTELLI DH Approved Date Finance Approved Date 10r' 17 2022 10 18.2022 Final Approval 11OCC Approved Tyler Ref # AC 102422 Signed Date 11OCC Agenda Date 10 24 2022 Originator SGEESAMAN Legal Counsel BRUCE BARKER Legal Counsel Approved Date 10'18 2022 Can*'a& ID:1*5(o3B' AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & LANDMARK BUILDERS INC. AULT GRADER SHED CONSTRUCTION THIS AGREEMENT is made and entered into this ji day of i'4 vJi , 2022, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and Landmark Builders Inc., hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a 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. B2200045. 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. Cons�"►�ge+� 6321 / zz z6 zz— c 6 Z Sal0)z I 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $898,419.00, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. 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: David Grigsby Position: Address: 3812 Carson Ave. Address: Evans, Co. 80621 E-mail: david. rg igsby(a�landmark-builders.com Phone: 970-330-8855 County: Name: Toby Taylor Position: Director Address: 1105 H Street Address: Greeley, CO. 80632 E-mail: tta for e,weldgov.com Phone: 970-400-2020 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired 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 and2 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: Landmark uildeY I By: , Date o Sig azure Name: Title: WELD COUNTY: ATTEST: j , V. '11 BOARD OF COUNTY COMMISSIONERS Weld 4y Clerk to the Boo/d WELD COUNTY, COLORADO Exhibit A REQUEST FOR BIDS WELD COUNTY, COLORADO 1150O STREET GREELEY, CO 80631 DATE: JANUARY 6, 2022 BID NUMBER: B2200045 DESCRIPTION: AULT GRADER SHED CONSTRUCTION DEPARTMENT: FACILITIES BID OPENING DATE: FEBRUARY 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: AULT GRADER SHED CONSTRUCTION A mandatory.rre-bid conference will be held on January 20, 2022 at .8:30 AM at the site location, 41150 Tegan Ave, Ault, CO 80610. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received until: February 9, 2022 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on February 9, 2022 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, St. Wain Meeting Room, 1150 O Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 379244360 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:I/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. I' •VY!. .. I11i - A . T tJ 1. Emailed bids are required. Email bids to bids a@weldgov.com; however, if your bid 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 we receive your bid/proposal. Please call Purchasing at 970-400-4223 or 4222 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS: Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of ...____.. -- _._ _ .e e__. Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party_ The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. u. - . iii. -..- . M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to 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. a.v..pl ✓r v. .. .. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person_ Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "`Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice 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. BID REQUEST #B2200045 Page 6 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. 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. BID- &s . a 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 $ 1,000,000 Aggregate $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B2200045 Page 8 BID SPECIFICATIONS Weld County Government is soliciting bids from contractors to construct a new Ault Grader Shed. The location of the new site and building is 41150 Tegan Ave., Ault, CO. 80610. Attached are the construction documents for this project. SCOPE The scope of the project includes: 1. Site clearing and excavation. 2. Contractor will be responsible for locating all buried utilities (including private) prior to excavation. 3. Provide tracking control to prevent tracking from the site onto public roadways. 4. Provide and construct a clear span steel frame building 60' x 87' x 21' tall building (no windows) with appropriate tenant finishes. 5. Appropriate girts, purlins, carriers, and grade boards as detailed by engineered design. 6. Appropriate trim (ridge, rake, eave, corner, etc.) installed to provide a finished appearance. 7. Colors must be approved by Director of Facilities from standard color scheme. 8. All construction must be permitted and comply with County Building codes. Fees for construction permit through the County will be paid for by the County directly and should not be included in the proposal. 9. Contractor must coordinate any necessary permits with the local fire authority. Any fees for these permits are to be paid for by contractor. 10. Contractor must develop a stormwater management program (SWMP) that meets EPA and State of Colorado requirements. Contractor will be the operator for such permits and will be responsible for any violations/fines for non-compliance with the regulatory requirements. 11. Contractor must apply for right of way, access, and grading permits if required. Any fees for these permits are to be paid by the contractor. 12. Remove and properly dispose of all trash generated by construction activities off site. 13. Contractor will coordinate all utility installations & startup and be responsible for connections and installation. Fees for utility plant investment fees will be paid for by the County directly to the utility provider. 14. Geotechnical and soils testing for construction has been performed and will be provided. 15.All foundation/site work and soil compaction will be verified by Coun₹y's third -party inspector prior to any vertical erection. 16. Payment (10O% of contract price) and Performance (100% of contract price) bonds required. No Bid bond required. 17. Davis -Bacon and Buy American requirements are NOT required. NOTE: Winning contractor will be expected to enter into a standard Weld County contract for this project. A sample is available by contacting the Weld County Purchasing Department. BID REQUEST #62200045 Page 9 BID SPECIFICATIONS - CONTINUED Weld County Government Ault Grader Shed Construction Bid PROJECT SCHEDULE The following is a listing of dates for this project: Date of this Bid Posted to BidNet Direct Pre -bid conference Bids Are Due Contract Award Contract Execution Construction Start Certificate of Occupancy Construction End �rN January 6, 2022 January 6, 2022 January 20, 2022 February 9, 2022 February 28, 2022 March 7, 2022 March 16, 2022 October 15, 2022 October 31, 2022 Provide lump sum pricing for this construction. BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on February 9, 2022: 1) Page 9 of the Bid Specifications. 2) Completed page 10 of the Bid Specifications. 3) Completed page 11 of the Bid Specifications. 3) Payment (100% of contract price) and Performance (100% of contract price) bonds are required upon award. 4) W9, if applicable* 5) Any future Addenda must be completed. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #82200045 Page 10 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2200045. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld county reserves the right to reject any and all bids, to wait any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the bests interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE SIGNATURE E-MAIL r • ■r • • ■ - , ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Scott James, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller rvxem+.m n* v x+... m A " wp v �. . x BID B2200045 -AULT GRADER SHED CONSTRUCTION QUESTION & ANSWER— NO 1 POSTED 1/24/22 QUESTION: 1.) Can we please get a copy of the soils report? ANSWER: See the pdf referenced SOILS REPORT FOR THE AULT GRADER SITE POSTED ON BIDNET. r • T f .� 1. The plans call for a New 3 Wire Smooth Strand Fence. The Specifications calls out Chain Link Fence. Answer: Site Perimeter will have new 3 wire smooth strand fence. Building interior will have chain link fencing where indicated. 2. Is the Propane Tank and Generator by owner or GC? If by GC is there a manufacturer you want used? Answer: Propane tank by owner. Generator by GC. 3. Who is the utility provided? Poudre Valley REA? Answer: Xcel Energy 4. Cl. Fuel tank, by owner? If not, manufacturer you want used? If by owner, assume manufacturer will provide the starter/disconnect switch? Answer: Fuel Tank provided by owner. Contractor provides electrical pathway for pump and disconnect switch. S. P1.0 states propane generator. It also states to provide a sub frame fuel tank with 4hrs of run time at full load. Vendor states the fuel tank is typically for a diesel generator not propane. Please clarify. Answer: Propane generator, does not require sub -frame fuel tank. 6. What thickness is needed for the Propane/Generator slabs? Answer: See detail notes on sheet 5101 for slab reinforcement and thickness. 7. For the interior slab does it require #5 rebar (S101) or fiber mesh (A5)? Answer: See detail notes on sheet 5101. 8. Linear panels required on all walls of garage 105 & 101? Answer: Liner panels required on all exterior walls. 9. Drawing Cl, the gravel access road, that is existing and NIC? Answer: Gravel access road is NOT existing and is part of the contractors' scope of work. 10. Drawing Cl, South side calls for 3 strand wire fence. What is the -X- to the south of the 3 strand fence? Answer: Existing School District Site fencing. 11. Drawing Cl, the cover pipes at access off Tegan Ave, is there a detail? Answer: See detail notes on sheet Cl. 1 12. Drawing Cl, the Bur Oak Trees, what size are you wanting? Do you want the trees stacked? Answer: 2 caliper trees and trees must be stacked. 13. Drawing C3 shows SF in center of property outside the Extent of Disturbance, do we need the SF? Answer: Silt Fence (SF) will be needed as defined through the Grading Permit. The Grading Permit final design/layout may differ from these plans depending on how contractor approaches the job. All fees, changes to silt fence locations, erosion control material, etc to meet the Grading permit requirements will be the responsibility of the contractor. 14. Drawing E0.4 detail 5, light pole. I do not see a light pole location in the drawings? Answer: See Light Pole location on sheet Cl. 15. Project is tax exempt? Answer: Yes 16. A2 Finish Schedule calls for painting exposed ceiling, do we want to paint vinyl insulation? Answer: No 17. Specs, 08000-3 call for Keying Exterior doors. Do we need to include keying? Answer: No 18. Structural drawings refer to GeoTech Report, is that available? Answer: Yes, will be posted on BidNet Direct. 19. 3/S501 says to see concrete pad footing and pilaster size. Where is this called out on drawings? Answer: Dimensions shown on 5101. 20. 12/S501 utility pipe, where is this located? This is the only place I see it referenced in the drawings? Answer: Refer to Plans. 21. M 1.11, in west garage is that an IRK 3? Not labeled. Answer: Yes 22. For the mezzanine, do we need to provide a ladder? Answer: Yes 2 AULT GRADER SHED CONSTRUCTION 1. The 9'-0" space allowed between column lines 2 & 3 does not allow adequate clearance to adjacent columns for separate framed openings at walk doors 101A & 105A (12" clear from col. web required by PEMB designer). Suggest a single 6'-8" x 7-2" framed opening for the installation of two individual doors and frames with a 4" x 8" x 7'-2" hollow metal smooth mullion installed between the door frames for attachment to the F.O. header. This mullion will also provide adequate attachment point for interior security fence. Answer: The 4"x 8" smooth mullion is a good idea, however, the frame will have to be 7-4" wide to accommodate the two 2" HM jambs, the 4" center mullion and two 3'-0" x 7'-0" doors. 2. Wall sections on A5 & A6 call fora J -metal at top and bottom of liner panels. We do not recommend J -metal at the base of liner panels. This traps debris and moisture. Answer: Build per plan. 3. Are the posts for the fence on the deck above the rest rooms to be welded to the top and bottom rails, and if so at what intervals? Answer: No. 4. Please provide more information on the perimeter fence and gates to include height, post type, gate design, etc. Answer: 3 wire smooth strand fence/ T -posts/ metal corral gate. 5. Exterior calls for wainscoting. Please specify product to be used. Answer: Metal panel. 6. FRP Spec is included, but finish schedule does not include FRP. Please confirm no FRP is required for project. Answer: See finish schedule on A2 FRP is included & required. 7. 5001 gives design parameters for post -installed anchors. Detail 3/S501 calls out typical anchor bolt lengths. Are both anchoring methods acceptable @ contractor's option? Answer: Both anchoring methods are acceptable. Contractor option. 8. Drawings Al and S101 show turned corner columns at the building corners. Have the preliminary building reactions assumed that these turned columns will also be utilized for wind columns as part of the sidewall bracing requirements? Answer: PEMB designer may orient corner column as best suits their design. 9. Spec. Sect. 13000 — Note 7 calls for flush girt condition. / Note 9 calls for by-pass girt condition. The drawing plan views all denote a by-pass girt condition. Please clarify. Answer: Girts are to be by-pass. rl 10. Spec. Sect. 13000 — Note 7 states girt spacing shall not exceed 4'-0". Please confirm girts may exceed this if PEMB designer approves wider spacing is acceptable. Answer: There is a wainscot up to 4'-0" with a wall panel color change. Second girt height is for head of doors. Third girt height is at top of liner panel. Above that level PEMB may space girts. 11. Spec. Sect. 13000 — Note 9 calls for an "architectural" style ribbed wall panel configuration but also calls for a concealed wall fastener.,A reverse -rolled rib panel will "hide" the fasteners best, but they will not be concealed. Wall panels are not called out to require a Kynar 500 finish, but roof and gutter are. Please confirm wall panel configuration and exterior wall finish requirement. Answer: Reverse rolled panel are acceptable; wall panels are to have Kynar 500 finish. 12. Spec. Sect. 13000 calls for R-19 wall insulation and R-38 roof insulation requirements. Drawing sections call for several different R -values in the roof. Please confirm R-38 roof insul. is required. Answer: Using R19 in both the walls and the roof Comcheck indicates that the envelope will be 6% better than Code. Install R19 batt insulation in roof. 13. Spec. Sect. 13000 — Note 11 calls out "Simple Saver" insulation moisture barrier liner system. Are any continuous liner systems that meet the specification acceptable? (Simple Saver is Brand Name). Answer: Yes. 14. Does Weld County have dirt available? Will you be willing to have an onsite borrow area and fill with topsoil generated from clearing the site? We are showing 5500 yards of import. Answer: Weld County does not. This is a turn -key bid so all items necessary for construction should be included. 15. Are GC's to include potholing in our pricing? Answer: This is a turn -key bid so all items necessary for construction should be included. 16. Are there additional landscape drawings that show all the required plantings that are listed on the site plan? Answer: No. 17. Should GC's price out temp irrigation or will occupants of the building water the plants? Answer: Temporary irrigation is not required. 18. Should GC's price out permanent irrigation? Answer: Not required. 19. Should GC's include pricing for landscape maintenance up to a year? Answer: Not required. 2 20. Please confirm if the mezzanine is to be considered a part of the PEMB structure or if it is stand- alone. Answer: Stand-alone. Build per plan drawing on A6. 21. Drawings Al show liner panel to 8' AFF. Drawings A5 and A6 show liner panel to 10' AFF. Please confirm desired height. Answer: All liner panels shall be to 10' AFF as shown on drawings A5 & A6. 22. Is a 15 year Special Weathertightness Warranty to be included? Answer: Yes. 23. In Questions Answers No. 2 #8 it stated liner panel on exterior walls only. However, Drawings P.5 and P.6 show liner panel on demising wall between garage 105 and garage 101 and on the garage -side office walls. Please confirm if metal liner panel is desired in these areas. Answer: Yes, build per plan. 10' Liner panel on all exterior walls as well as demising wall. 3 B2200045 - QUESTIONS & ANSWERS NO.4 POSTED 02/07/22 1. Question 22 posted on 1-24-22 states: For the mezzanine, do we need to provide a ladder? Answer: The answer was originally yes; however, after further review, mezzanine access will be by extension ladder provided by owner. Exhibit B BID SPECIFICATIONS Weld County Government is soliciting bids from contractors to construct a new Ault Grader Shed. The location of the new site and building is 41150 Tegan Ave., Ault, CO. 80610. Attached are the construction documents for this project. The scope of the project includes: 1. Site clearing and excavation. 2. Contractor will be responsible for locating all buried utilities (including private) prior to excavation. 3. Provide tracking control to prevent tracking from the site onto public roadways. 4. Provide and construct a clear span steel frame building 60' x 87' x 21' tall building (no windows) with appropriate tenant finishes. 5. Appropriate girls, purlins, carriers, and grade boards as detailed by engineered design. 6. Appropriate trim (ridge, rake, eave, corner, etc.) installed to provide a finished appearance. 7. Colors must be approved by Director of Facilities from standard color scheme. 8. All construction must be permitted and comply with County Building codes. Fees for construction permit through the County will be paid for by the County directly and should not be included in the proposal. 9. Contractor must coordinate any necessary permits with the local fire authority. Any fees for these permits are to be paid for by contractor. 10. Contractor must develop a stormwater management program (SWMP) that meets EPA and State of Colorado requirements. Contractor will be the operator for such permits and will be responsible for any violations/fines for non-compliance with the regulatory requirements. 11. Contractor must apply for right of way, access, and grading permits if required. Any fees for these permits are to be paid by the contractor. 12. Remove and properly dispose of all trash generated by construction activities off site. 13. Contractor will coordinate all utility installations & startup and be responsible for connections and installation. Fees for utility plant investment fees will be paid for by the County directly to the utility provider. 14. Geotechnical and soils testing for construction has been performed and will be provided. 15. All foundation/site work and soil compaction will be verified by County's third -party inspector prior to any vertical erection. 16. Payment (100% of contract price) and Performance (100% of contract price) bonds required. No Bid bond required. 17. Davis -Bacon and Buy American requirements are NOT required. NOTE: Winning contractor will be expected to enter into a standard Weld County contract for this project. A sample is available by contacting the Weld County Purchasing Department. D . 111 •- • BID SPECIFICATIONS - CONTINUED Weld County Government Ault Grader Shed Construction Bid PROJECT SCHEDULE The following is a listing of dates for this project Date of this Bid Posted to BidNet Direct Pre -bid conference Bids Are Due Contract Award Contract Execution Construction Start Certificate of Occupancy Construction End PRICING January 6, 2022 January 6, 2022 January 20, 2022 February 9, 2022 February 28, 2022 March 7, 2022 March 16, 2022 October 15, 2022 October 31, 2022 Provide lump sum pricing for this construction. LUMP SUM PRICE FOR WORK $ 898,419.00 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on February 9. 2022: 1) Page 9 of the Bid Specifications. 2) Completed page 10 of the Bid Specifications. 3) Completed page 11 of the Bid Specifications. 3) Payment (100% of contract price) and Performance (100% of contract price) bonds are required upon award. 4) W9, if applicable* 5) Any future Addenda must be completed. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2200045 Page 10 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2200045. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4, The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld county reserves the right to reject any and all bids, to wait any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the bests interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Landmark Builders Inc. BUSINESS ADDRESS 3812 Carson Ave CITY, Evans TELEPHONE NO 970-330-8855 SIGNATURE bwcd grI y E-MAIL STATE, Co FAX 970-330-5756 BY David Grigsby ATTEST: (Please print) ZIP DATE 2/912022 80620 TAX ID # 80-0169959 dgrigsby@Ian dmark-builders.com r, $ • r,a •, • r _ - Weld County Clerk to the Board BY: Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Scott James, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller CODE ACS o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) o7/2s/2o21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Valerie Love, CIC, CISR NAME: Flood and Peterson 'CN. Eat): (970) 506-3215 Iac No): (970) 506-6865 E-MAIL ADDRESS: VLove@FloodPeterson.com PO Box 578 INSURER(S) AFFORDING COVERAGE NAIC # Greeley, CO 80632 INSURER A: National Fire Insurance Co of Hartford 20478 INSURED INSURER B: The Continental Insurance Company 35289 INSURER C: Pinnacol Assurance 41190 Landmark Builders Inc. INSURERD: : 3812 Carson Avenue INSURER E: Evans, CO 80620 INSURER F: COVERAGES CERTIFICATE NUMBER: 2021-2022 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DIJL INSD .UL. WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EX? MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE a OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 A Y 6018286131 05/01/2021 05/01/2022 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ ANYAUTO B OWNED SCHEDULED AUTOS ONLY I I AUTOS HIRED -OWNED AUTOS ONLYAUTOS ONLY 6018286145 05/01/2021 05/01/2022 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE 6018286162 05/01/2021 05/01/2022 AGGREGATE $ 5,000,000 DED X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICER/MEMBER EXCLUDED? ANY PROPRIETOR/PARTNER/EXECUTIVE N (Mandatory in NH) NIA 4123307 05/01/2021 05/01/2022 X STATUTE OOETH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Limited Jobsite Pollution Liabiltiy 6018286131 05/01/2021 05/01/2022 $2,000,000Agg $1,000,000 Occ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Public Works Storage Building 1111 H Street Greeley, CO 80531 Weld County , its elected officials, and its employees are included as Additional Insured as required by written contract with respects to liability arising out of work performed by the named insured. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS. 1150O Street AUTHORIZED REPRESENTATIVE Greeley CO 80631 / i2/ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD New Contract Request Entity Information Entity Name* Entity ID * LANDMARK BUILDERS INC 900000903 Contract Name * AULT GRADER SHED CONSTRUCTION Contract Status CTB REVIEW Contract Description * CONSTRUCTION OF NEW AULT GRADER SHED Contract Description 2 Contract Type * Department CONTRACT BUILDINGS AND GROUNDS Amount* Department Email $898,419.00 CM- BuildingGrounds@ueldgov.c Renewable om NO Department Head Email Automatic Renewal CM_BuildingGrounds- DettHeadngweldgov.com Grant County Attorney GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY '4'ELDG OV.COM if this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID ❑ New Entity? Contract ID 5638 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman€uco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 02122022 02162022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept- to be included? YES Bid/RFP #* 82200045 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date * Renewal Date 12:12:2022 Termination Notice Period Committed Delivery Date Expiration Date* 12,122022 Contact Information Contact Info Contact Name Purchasing Purchasing Approver ROB TURF Approval Process Department Head TOBY TAYLOR DH Approved Date 03;0$'2022 Final Approval BOCC Approved 8MC Signed Date 8OCC Agenda Date 03:212022 Originator SGEESAMAN1 Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approved Date 03 `1 52022 Finance Approver CHRIS D'OV1DIO Finance Approved Date 03(1012022 Tyler Ref I AG 032122 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 03' 10x'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 February 17, 2022 To: Board of County Commissioners From: Toby Taylor Subject: Ault Grader Shed Construction; B2200045 As advertised this bid is for the new Ault Grader Shed construction. The low bid from Landmark Builders Inc. meets specifications. Therefore, Facilities is recommending the award to Landmark Builders Inc. for $898,419.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director ZOZ2- 05Zq gC"160Z`i WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E-mail: cmpeters(a)weldgov.com E -Mail: reverett(weldgov.com E -Mail: rturfCa�weldgov.com Phone: (970) 400-4223, 4222 01 4216 Fax: (970) 336-7226 DATE OF BID: FEBRUARY 9, 2022 REQUEST FOR: AULT GRADER SHED CONSTRUCTION DEPARTMENT: FACILITIES BID NO: B2200045 PRESENT DATE: FEBRUARY 14, 2022 APPROVAL DATE: FEBRUARY 28, 2022 VENDOR LUMP SUM TOTAL LANDMARK BUILDERS INC $898,419.00 3812 CARSON AVE EVANS, CO 80620 AMERICAN CONSTRUCTION SERVICES, LLC $1,045,933.00 1905 W 8TH ST, STE 209 LOVELAND, CO 80537 WCC CONSTRUCTION, LLC $1,054,000.00 1112 OXBOROUGH LN FORT COLLINS, CO 80525 SWIFT BUILDERS, LLC $1,070,850.00 2000 S COLLEGE AVE, STE 310 FORT COLLINS, CO 80525 GROWLING BEAR CO INC. $1,090,941.00 2330 4TH AVE GREELEY, CO 80631 BAUEN STUDIOS $1,157,346.00 495 W CEDAR AVE DENVER, CO 80223 BUILDINGS BY DESIGN $1,274,881.27 515 INDUSTRIAL PARK RD BRUSH, CO 80723 PRT BUILDERS, LLC $1,343,156.00 427 SOUTH MAIN ST, STE 313 CEDAR CITY, UT 84720 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 2022-0529 OU1LI BC OU2J-t Hello