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Home My WebLink About20210579.tiffOfywrac+ MO -ft- LISD-1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & NORTHERN COLORADO ENERGY SOLUTIONS, LLC ALTERNATIVE PROGRAMS BOILER REPLACEMENT THIS AGREEMENT is made and entered into this 1O44'Liay of , 2021 by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Northern Colorado Energy Solutions, LLC whose address is 3665 Canal Dr. Unit B Fort Collins, CO 80524, hereinafter referred to as "Contract Professional". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibits A and B; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and Bare specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2100062". The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibits A and B which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. Oty&e,iy-f- 41w °la O3 //so O0DI-05-19 6�3 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $22,709.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 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 Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Confidential fmancial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. This paragraph shall survive expiration or termination hereof Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products & completed operations aggregate; $1,000,000 personal advertising injury Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor, Weld County Director of Facilities. Either parry may change its notice address(es) by written notice to the other. Notification Information: Contractor: Northern Colorado Energy Solutions, LLC Attn: Dave Geist Address: 3665 Canal Dr. Unit B Address: Fort Collins, CO 80524 E-mail: dave@nocoenergysolutions.com Telephone: (970) 310-6240 County: Name: Toby Taylor Position: Director of Facilities Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: ttaylornn,weldgov.com Facsimile: 970.304.6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void_ In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN TNESS WHEREOF, the parties hereto have signed this Agreement this �— day of & rat , 2021. CONTRACTOR: Northern Colorado Energy Solutions, LLC By; Name: '��k 66Mfire. Title: l�pmehirZgs- }ovitAlz, Date 3/ WELD COUP,�,,,,// ATTES �,�� G it4;e1 BOARD OF COUNTY COMMISSIONERS Weld ou ty Clerk to the B and WELD COUNTY, COLORADO BY Deputy CI ` to t e Bo eve Moreno, Chair MAR 1 0 2021 /-057 9 Boiler Replacement — Alternative Programs Questions & Answers 62100062 Posted 02/22/2021 1. Do we need to replace the expansion tank on this project or are we using the existing one? The expansion tank needs to be ASME rated? Answer: Yes 2. What temperature is the water being used/ in storage? Answer: 115 Degrees 3. What is the incoming water supply pressure? Answer: Between 6O-70 PSI Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: FEBRUARY 10, 2021 BID NUMBER: B2100062 DESCRIPTION: BOILER REPLACEMENT -- ALTERNATIVE PROGRAMS DEPARTMENT: FACILITIES MANDATORY PRE -BID CONFERENCE: FEBRUARY 17, 2021 BID OPENING DATE: FEBRUARY 24, 2021 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: BOILER REPLACEMENT - ALTERNATIVE PROGRAMS A mandatory pre -bid conference will be held on February It 2021 at 1:30 PM at the Weld County Alternative Programs building located at 1390 N. 17th Avenue, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. We %A be ad uering to current state s cia distancing afte@arrie . Bids will be received for the above stated equipment up to, but not later than: (Teams Weld County Purchasing Time Clock). D��(re to COMD-19v the bid opening ��ill be he€ °�� a Microsoft ■ l e a a 0� s Conference Ca� � o O j Vr/ V 2 :1 c a ll � tU' F�� s phone Il ll o U Oi v.::J � 0 1:1i�1 U - b e� �pti U 11 �S'5� enter theConference � l`aj/ pr vide below: February 24, 2021 �at 10:00 A * .phone iAumber: (x 2O) 439-5261 Conference Duo 733270173 PAGES 1 8 of THIS REQUEST FOR BIDS_ CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURPHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION To BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://wvvw.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 e to el C 1. Email. Due to COVID-19, emailed bids are required. Bids may be emailed to bids@weldgov.com; however, if your bid exceeds 25MB please upload your bid to https:t/www.bidnetdrect.com. The maximum file size to upload to BidNet is 500 MB. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. INSTRUCTIONS To BIDDERS: INTRODUCTORY INFORT0CN4 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 narne 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 Horne 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 !!Held 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 !!Veld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. SUCCESSFUL BIDDER FIRING PRACTICES i 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 B -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 B -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services BID REQUEST 122100002 Page 2 knowingly employs or contracts wits an illeg==al 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 ith an illegal alien and shall terminate the subcontract if a subcontractor does not stop e'Y;ploying 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 c►;ntracted with an illegal alien. Successful bidder shall co ply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §3-17.5- 102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State f Colorado pr gram, Successful bidder shall, within twenty days after hiring a new employee to pr form work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the <.Acements, and nt 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 exetmpted by federal law and except ;:is provided in C.R.S. § 24-76.5-103(3), if :successful bidder receives veth ral or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (13) 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 stit,ears or affirms undrax penalty of perjury that it: (a) is a citizen of the United States or is otherwise la .y `1rully 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 •>f the contract. 5. GENERAL PROVISION A0 Fend Availability: Financial obligations of Meld 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 oes not warrant that funds will b4 available to fund the contract beyond the current fiscal year. �r de ecrets an 7 ether aonflde E tl : l I .. fr rm tl n: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the binder shall be transmitted separately from the main bid submittal, clearly denoting in red on the informati*n a. the top the word, "CONFIDENTIAL." however, the successful bidder is advised that as a public entity, `':,"eld CounL c dust 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 cann • t guarantee the confickntiality 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 th:fse portions staff determines are not protected from disclosure. Weld County staff will not be responsible f;• r redacting or identifying Confidential information which is included within the body of the bid and n t separately identified. Any document which is incorporated as an exhibit into any contr<<#ct excuted by the County shall be a public document regardless of whether it is marked as confidential. C, Gotvernmental Immunity: No terra or condition of the contract shall be construed or interpreted as waiver, express or implied, of ary of the immunities, rights, benefits, protections or other provisions, of the Coiorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter ;mended. D. Independ- nt 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 agentr BID REQUEST #52100062 Page 3 empl.•yee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employes and agents are not entitled to unemployment insurance or workers' compensation benefits through eld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder •r any of its agents ,•r 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 r a third party. The successful bidder shall pay when due all applicable emplyment taxes and income taxes �ir,i!"d kcal 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 hav=e the following responsibilities with regard to work/offs' compensati•.n and unemployment compensation insurance matters: ( ) provide and keep in force "orkers' 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. CurpHance with Law: The successful bidder shall strictly soap y with all applicable federal and state lams, rules and regulations in effect or hereafter established, including without limitation, labs applicable to discrimination and unfair employment •tractices. F. Ch i• EC f 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 whicconflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Pa y beneficiary Enforcement: It is expressly understood and agec that the enforcement of tI"e terms and conditions of the contract, and all rights of acti n relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give sr allow ,-any claim or right of actin whatsoever by any ether person n t inc uded in the contract. It is the express intention othe undersigned parties that any entity other then th, undersigned parties receiving services or benefits under the contract shall bak an incidental beneficiary only. H. Att rneyss Fees/Legal 4;st : In the event of a dispute between Weld County and the successful bidder, concerning the contact, the parties agree that Vveld County shall not be liable to or responsible for the payment of attorney fees and/•;r legal costs incurred by or on behalf of the successful bidder, 1. Disadvantard usin ss 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 •rigin, sex, age, or disability in consideration f an award. J. Procurement and Pe .manse: The successful bidthis agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and aterials nec ssa 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 utlined in the .yid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. (4_ t_ I. Tian: The term of this Agreement begins upon the date of the execution of this Agreement by County, �4 nd shall continue through and until successful bidder's completion •; the responsibilities describes in the Bid. �. Terminati n: 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 morteri;il breach of the terms of the Agreem - nt. Extensi • n sir Modirication: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work pert•rmed by the successful bidder shall be the b.-isis for additional compensation unless and until the successful bidder has obNined written authorization and ecxnowledgement by county for such additional services. .Accordingly, no claim that the county has been unjustly enriched by any additiona services, whether or not there is in fact any such unjust enrichn lent, shall be the basis of any increase in the compensation payable hereunder. BID REQUEST #B2100062 Page 4 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 : ounty's sole discretion. Coun` , shall have the right in ots reasonable discretion to approve all personnel assigned to the subject Project during the perform Ince 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 eoch 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: she right (but not the bligation) to rmforce 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 . nd omissions of its agents, employees and subcontractors. * O. w.t rranty: The successful bidder warrants that services performed under this Agreement will be performs d in a manner consistent with the standards governing such services and tht; provisions of this Agreement. The successful bidder further represents and warrants that all services shall be perfrmed by qualified pe rsonnel in a professional and workmanlike manner, consistent with industry standards, and that Al services will conform to applicable specifications. The bidder warrants that the goods t be supplied shell be m rchantable, of good quality, wend fr*e from defects, hether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum sp,-cifications 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. �h Service Calls in the First One Year Peril*do The successful bidder shall bear al costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the g••,ds to bra` purchased by field County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year dcerioo' a -r said goods are first supplied to weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bi•1s are submitted: Dety iled equipment specifictions to include the warranty. 2. Descriptive literature. P. Nonassignment: The successful bidder may not assign or transfer his -} agreement or any interest therein or claim thereunder, without the prior written approval •f Cr unty_ Any attempts by the successful bidder to assig or transfer its rights hereunder without such prior approve_ I 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. O, Interrupti ns: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliv -tr or otherwise to performs any obligation under this Agreerent, where such failure is due to any cause beyond its r :asonable control, including but not lip sited to Acts of God, fires, strikes, war, flood, earthquakes or G:+v=,rnmental actions. R. Non -Exclusive Agreeto This Agretffnent is nonexclusive and contractors or persons to perform services of the s< me or similar nature. County may en age • r use other S. Employee Find- ncial Int r£= tife nflict of Interest- CaR§§24-18-201 et seq. and 24-50®507O The signatories t0 this Agreement agrr-e that to their knowledge, no employee of veld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. C•-untyy has no interest and shall not acquire any inter-st direct or indirect, that mould in any mantrr 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 BID REQUEST #B2100062 Page 5 in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any gray 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 :• perations, or authorizes funding to the successful bidder. T. S=vera3filotyo 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 Arbitratitn *ritPhi it de Weld County does not agree to binding arbitration by any extr. - 'udicial body or person. Any provision to the contrary in this contract or incorporated herein by reference shall be null and void. V. Board f C unity Commissio it has been approved by the Board f County Commissioners of Weld County, Colorado or its designee. �~Y rs of ' : ,:eld County proval: This Agreement shall not be valid until W. Compensation mount: Upon the successful bidder's successful completion of the service, and Cunty'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 mad 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 Meld X. Taxes: County Board of County Commissioners, as requir d pursuant to the veld 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 andior double time rates for work done outside of normal business hours unless specifically authorized in writing by County. G. 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 ;;;ny warranty period. The required insurance shall be undervvritten by an insurer licensed to do business in Colorado and rated by A.M. gest Company as "A" VIII or better. Each policy small 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 Meld 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 Contact Professional. Contract Professional shall be responsible for the payment of any deductible tr 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. Tie 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 BID REQUEST #B2100062 Rage 6 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, th 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 f 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 w rkers' compensation lave or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, lave 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 acco ant 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 ?f 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 lave, 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 Pmfessional 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 terra 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 Colorad• Workers' Compensation Act., ,AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial Gen Fral Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. 1,000,000 each occurrence; $1,000,000 general aggregate; $1,0+00,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $17000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County properly and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lacy 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 d.le under the policy shall precede the effective date of this Contract; and that either BID REQUEST #62100062 Page 7 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: a Per Loss Aggregate t000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid 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, actors, 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 tt82100062 Page 8 SPECIFICATIONS AND/OR SCOPE WORK AND PROPOSED. PRICING: BOILER REPLACEMENT - ALTERNATIVE PROGRAMS SPECIFICATIONS This is a torn -key project for the replacement of a failed boiler at the Alternative Programs building located at 1390 North 17th Avenue, Greeley, CO 30631 and will include the following as a minimum: 1. Removal of the existing boiler and installation of a new boiler. 2. Contractor will provide certification that the proposed boiler meets the existing capacities and capabilities as the current boiler. The current boiler is an AO Smith Water Heater Boiler with the following information: • Boiler Model # BTP 740A 104 ® Serial # 1627N/1001713 ® Volts 120v Power Flame Burner Input BTU HR: 740,000 ® Recovery GAL/HR: 717.56 3. Replacement shall include the modification of any structural, architectural, electrical, and plumbing components as required to accomplish the boiler replacerent. 4. Include abatement of any asbestos material encountered related to boiler replacement. Asbestos survey has not been performed. 6. The replacement boiler will be set up to utilize the current stand-alone controls. 6. All work under this proposal shall be completed such that the existing hot water remains functional to the maximum extent possible to serve building client's needs. Provide estimated duration of down time in the schedule for completing the replacement bask. If longer than one day, contractor shall include in their pricing alternate methods of providing hot water during the replacement. 7. It is anticipated a contract will be established by March 3, 2021. Based on this date, identify your projected start date and end date for on -site work. 3. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 9. Permits will be through the Weld County Planning Department. Fees for permitting will be waived with coordination through the Facilities Department. 10. Payment and Performance bond is required. Bid bond is not required. !F. BID REQUEST #82100062 TOTAL START DATE FINISH DATE Page 9 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #62100062. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor_ FIRM BY (Please print) BUSINESS ADDRESS CITY, STATE, ZIP CODE DATE TELEPHONE NO _ _ FAX W s .... TAX ID # SIGNATURE E—MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #95-03551-0000. YOU DO NOT DEED TO SEND BACK PAGES I - �o ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS MELD COUNTY, COLORADO Deputy Clem to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST# B2100062 Page 10 Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: BOILER REPLACEMENT - ALTERNATIVE PROGRAMS SPECIFICATIONS This is a turn -key project for the replacement of a failed boiler at the Alternative Programs building located at 1390 North 17th Avenue, Greeley, CO 80631 and will include the following as a minimum: 1. Removal of the existing boiler and installation of a new boiler. 2. Contractor will provide certification that the proposed boiler meets the existing capacities and capabilities as the current boiler. The current boiler is an AO Smith Water Heater Boiler with the following information: • Boiler Model # BTP 740A 104 • Serial # 1627M001713 • Volts 120v • Power Flame Burner • Input BTU HR: 740,000 • Recovery GAUHR: 717.58 3. Replacement shall include the modification of any structural, architectural, electrical, and plumbing components as required to accomplish the boiler replacement. 4. Include abatement of any asbestos material encountered related to boiler replacement. Asbestos survey has not been performed. 5. The replacement boiler will be set up to utilize the current stand-alone controls. 6. All work under this proposal shall be completed such that the existing hot water remains functional to the maximum extent possible to serve building client's needs. Provide estimated duration of down time in the schedule for completing the replacement task. If longer than one day, contractor shall include in their pricing altemate methods of providing hot water during the replacement. 7. It is anticipated a contract will be established by March 8, 2021. Based on this date, identify your projected start date and end date for on -site work. 8. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 9. Permits will be through the Weld County Planning Department. Fees for permitting will be waived with coordination through the Facilities Department. 10. Payment and Performance bond is required. Bid bond is not required. TOTAL $ 22,709.00 START DATE March 9, 2021 FINISH DATE March 9, 2021 BID REQUEST #B2100062 Page 9 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #62100062. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Northern Colorado Energy Solutions LLC BUSINESS ADDRESS 3665 Canal Dr. Unit B DATE 2-24-2021 BY Dave Geist CITY, STATE, ZIP CODE Fort Collins. Co. 80524 (Please print) TELEPHONE NO 970-310-6240 FAX TAX ID # 27-1866159 SIGNATURE _ E-MAIL daverfanocoen er+gysolutions.com **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1- S. ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST#B2100062 Page 10 Form W-9 (Rev. October 2018) Department othhe Treasury Internal Revenue Service a) m a Request for Taxpayer Identification Number and Certification S. Go to www:frs.gov/ForrnW9 for instructions and the latest information. on dxs line: do not 3 Check appropriate box for federal following seven boxes. ❑ IndividuaVsole proprietor or ❑ C Corporation Corporation ❑ Partnership ❑ Trust/estate single -member LLC ❑ Linked FabMy company. Enter the tax clasaificarkm (C•C corporation, SyS.eorporatlon, P•Partnership). Note: Check the appropriate box In the One above for the tax classekattion of the single -member owner. Do not check LLC if the LLC is classified as a'singie-member LLC that is disregarded from the owner unless the owner of the LLC is lumbar LLC that Is not disregarded from the owner for U.S federal tax purposes. Otherwise a single -member LLC that is diaragamed from the owner should check the appropriate box for the tax classirieatlon of ifs owner. • Other (see instruction) ). 5 Address (number, street, and e Part I plo C.Ity, state, and ZIP code Frit Cnkk'm List account number(a) here (optional) or i'axpayer id 1 v - of the person whose name is entered on tine 1. Check only ane of the Give Form to the requester. Do not send to the IRS. 4 Exemptions (codes apply only to certain entities, not individuals; see Instructions on page 3); Exempt payee code (if any) Exemption from FATCA reporting code (if any) r es s name and add ro martPE outaIaP rite U.S.) ion Numb r 'N Enter your TIN in the appropriate box. The TIN provided must match the Warne given on line 1 to avoid backup wfthholding. For individuals, #tic is generally }� resident alien, sole proprietor, or disregarded entity, see the i entities, it is your employer identification number (EJN). If you do not have a number; see Ma TIM. later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social securtfY number or Employer identification number Part II Certification 8�O lf1 l 5 9 Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (iRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me Hutt am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all tnterest and dividends on your fax return. For real estate transactobns, Item 2 dotes not apply. For mortgage interest paid, acquisition or abanclonlean at secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividend�po:r a not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part n, toter. ) Sign Here Signature of U.S. parson ► �........-W Date. ' 13 2,01Z General instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number PIN), adoption taxpayer identification number (AT)N), or employer identification number aiN), to report on an information retum the amount paid to you, or other amount reportable on aninformationreturn. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest eamed or paid) • Form 1099-i]1V (dividends, including those from stocks or mutual funds) • Fenn 1099-MISC (various types of income, prizes, awards, or gross premeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) NORTCOL-05 .4CORO® CERTIFICATE OF LIABILITY INSURANCE `� DATE 3//2/20Z12/2021 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 Renaissance Insurance Group PO Box 478 Windsor, CO 80550 NAME CT Scott Runyan PHONE I FAX (NC, No, Ext): (970) 545-3595 (ac, No):' ADDRESS srunyan@reninsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Employers Mutual Casualty Co 21415 INSURED Northern Colorado Energy Solutions, LLC 3665 Canal Dr, Unit B Fort Collins, CO 80524 INSURER a:Pinnacol Assurance 41190 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES 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 rypE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMMIDD/YYYYI POLICY EXP IMMIDD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6D23292 7/27/2020 7/27/2021 EACH OCCURRENCE $ 1'000'000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 10'000 PERSONAL & ADV INJURY $ 1'000'000 GENERAL AGGREGATE $ 3'000'000 GEN'L AGGREGATE X LIMIT APPLIES PEST PER: LOC PRODUCTS - COMP/OP AGG $ 3'000'000 $ A AUTOMOBILE X _ LIABILITY ANY AUTO OWNED AUTOOS ONLY AUTIrS ONLY SCHEDULED AUTOS AUTOS ONLY X X 6E23292 7/27/2020 7/27/2021 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY accidentDAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 6J23292 7/27/2020 7/27/2021 EACH OCCURRENCE $ 2'000'000 AGGREGATE $ 2'000'000 $ DED I I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITv ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y Y N /A X 4174814 7/1/2020 7/1/2021 X STATUTE I ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1'000'000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Subject to policy forms, conditions, definitions and exclusions. Project: Boiler Replacment - Alternative Programs Certificate holder is included as additional insured with respect to General Liability and Auto Liability. Waiver of subrogation applies with respect to General Liability, Auto Liability and Workers Compensation. All of the above only applies when required by written contract. CERTIFICATE HOLDER CANCELLATION Weld County 1105 H Street Greeley, CO 80631 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE `Idtu,. Qtnae+i ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information New Contract Request Entity Name* NOCO ENERGY SOLUTIONS Entity ID* '?'{30043455 Contract Name* ALTERNATIVE PROGRAMS BOILER REPLACEMENT Contract Status CTB REVIEW Contract Description* REPLACE BOILER AT ALTERNATIVE PROGRAMS BUILDING Contract Description 2 Contract Type CONTRACT Amount* $22,709.00 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgov.c Om Department Head Email CM-BuildingGrounds- DeptHeadeldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY@W'ELDG OV.COM ❑ New Entity? Contract ID 4527 Contract Lead* SGEESAMAN Contract Lead Email sgeesarnanOco.weld.co.us (Requested BOCC Agenda Date* ©3'08,2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 06/04/2021 Will a work session with BDCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note; the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective flan, Review Date* Renewal Date 10,25/2021 Termination Notice Period Committed Delivery Date Expiration Date* 10'25`2021 �►ntact tntc rsrta lon fro � Info Contact Name ing APProval Pro z! Department Head TOBY TAYLOR. DH Approved Date 03/03/2021 FiAPproVai ROCC Approved BCC Signed Date MCC Agenda Date 03,'10/2021 Originator SG£ESAMAN Contact Type Contact Email Finance Approver BARB CONNOLLY e 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 03/03/2021 Tyler Ref #t AG 031021 Legal Counsel BOB CHOATE Legal Counsel Approved Date 03/03/2021 RESOLUTION RE: PRESENT AND APPROVE EMERGENCY BID #B2100062, ALTERNATIVE PROGRAMS BUILDING BOILER REPLACEMENT, AND WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION - FACILITIES DEPARTMENT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Purchasing Department has requested waiver of the ten-day waiting period for Emergency Bid Request #62100062, Alternative Programs Building Boiler Replacement, for the Facilities Department, as the boiler provides domestic water to showers and handwashing stations for the clients housed at said facility, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said emergency bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Emergency Bid Request #B2100062, Alternative Programs Building Boiler Replacement, for the Facilities Department, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from Northern Colorado Energy Solutions, LLC, dba NOCO Energy Solutions, in the amount of $22,709.00, be, and hereby is, accepted on an emergency basis. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of March, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: YAlethis)jeleo; ok Weld County Clerk to the Board D uty Clerk to the Board VED ounty Attorney Date of signature: 03/01r119 /9167 Steve •reno, Chair Lori 2021-0579 P00023 BG0023 CG ACTT/SG),PURCAtI), ACT C eyC, r CDC 3/q/zl 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 25, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Alternative Programs Boiler Recommendation; B2100062 As advertised this bid is for replacing a failed water boiler at the Alternative Programs Building. The low bid is from Northern Colorado Energy Solutions LLC and meets specifications. Therefore, Building and Grounds recommending the award to Northern Colorado Energy Solutions LLC (dba NOCO Energy Solutions) in the amount of $22,709.00 In addition, the Facilities Department is requesting emergency approval of this bid in accordance with Weld County Code Section 5-4-110 that allows waiving the 10 -day waiting period for emergency purchases. The reason the request is for emergency approval is that this boiler provides the domestic water to showers and hand washing for the clients housed at this facility. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2021-0579 O301 16E 002- WELD CUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: cmpeters(a�weldgov.com E-mail: reverettweldgov.com E-mail: rturf@weldoov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: FEBRUARY 24, 2021 REQUEST FOR: BOILER REPLACEMENT - ALTER.`°,ATIVE PROGRAMS DEPARTMENT: FACILITIES DID No: #D2100062 PRESENT DATE: MARCH 1, 2021 :.PPROVAL DATE: LARCH `I9 2021 VENDOR NORTHERN COLORADO ENERGY SOLUTIONS, LLC dba NOCO ENERGY SOLUTIONS 3665 CANAL DR, UNIT B FORT COLLINS, CO 80524 WESTCO SYSTEMS INC 7396 LOWELL BLVD WESTMINSTER, CO 80030 ESCO 960 W 124TH AVE, UNIT 900 WESTMINSTER, CO 80234 MTECH MECHANICAL INC 12300 PECOS ST WESTMINSTER, CO 80234 (SEEK': EIVIERGENCY APPROVAL) TOTAL $22,709.00 $22,867.25 $26,282.00 $27,230.00 TART DATE END DATE 03/09/2021 03/10/2021 03/03/2021 04/19/2021 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 03/09/2021 03/12/2021 03/04/2021 04/19/2021 Hello