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Home My WebLink About20202918.tiffDEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 January 27, 2021 To: Board of County Commissioners From: Toby Taylor Subject: 822 7th Street Window Sealing — Change Order #1(2020-2918) Lane Glass Inc. was awarded the bid to re -seal and caulk the windows on the 7 -story building located at 822 7th Street, Greeley. During that process, it was discovered that some of the windows on the north face of the building had been done recently and did not need any work. The result is a credit back to the County for this work that did not need to be performed. To accept this credit, a change order in the amount of $3,936.00 is needed. Buildings & Grounds is recommending this change order. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 0,2_, CC: � ITT/5 j3,6. �� CONTRACT AGREEMENT EXTENSION/AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS & GROUNDS AND LANE GLASS INC. This Agreement Amendment ("Amendment"), made and entered into 25th day of January, 2021, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Buildings and Grounds, hereinafter referred to as the "Department", and Lane Glass Inc. hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2020-2918, approved on October 21, 2020. WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Change Order #1, dated January 21st, 2021 is hereby incorporated as an exhibit to the agreement and the terms are included in the Agreement. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Robert M. Lane Printed Name /86e4 -N. L.a.o.4., Signature ATTEST: Weld BY: ddrieet) Jdo Deputy Cler APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: /g County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair FEB 0 12021 APPROVED AS TSTANCE: fficial or Department Head Exhibit:Change Order # 1 Fixed Sum Revisions to the Contract for Construction between GENERAL CONTRACTOR and SUB -CONTRACTOR are agreed as follows. PROJECT: 822 7th St. Wet Seal Windows Lane Glass inc Name 4659 Woodsorrel Ct Colo Spgs, CO 80917 11/9/2020 Address Date of Commencement CHANGES: Description of the added/deleted/revised Work WORK: Did not wet seal the windows on the north wall and partial slope glaze REASON FOR CHANGES: work had already been done and was not needed LIST OF SUPPLEMENTAL INFORMATION/DRAWINGS (ATTACHED): CONTRACT SUM: Contract Sum PRIOR to this Change (including previously approved Change Orders): Contract Sum AFTER to this Change: TOTAL CHANGE: CONTRACT DURATION: $111,910.00 $107,974.00 $3,936.00 credit to Weld County Substantial Completion PRIOR to this Change (including previously approved Change Orders): 100% Substantial Completion AFTER this Change: 1/15/2021 TOTAL CHANGE: APPROVALS: days + or - 0 CHANGE SUBMITTED BY: Robert Lane APPROVED BY: Robert Lane -Lane Glass SUB -CONTRACTOR: NA 1/22/2021 DATE: GENERAL CONTRACTOR: DATE: dki-1 /6"f AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & LANE GLASS INC 822 7TH STREET -WINDOW SEALING THIS AGREEMENT is made and entered into thiso2Mlay of , 202O, 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 Lane Glass Inc. 4659 Woodsorrel Ct. Colorado Springs, CO 80917, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services A or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2000178". The RFB contains all of the specific requirements of County. Exhibit B oonsists 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 the Exhibits 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. 3. Term. The term of this Agreement begin,S.1►pon the date of the execution of this Agreement cam• r,w.3se_ef ta12r�2© cr-rAQ /0 2.O2O- 2918 by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A&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 successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $111,910.00, 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 financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 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. Builder's Risk Insurance: Builder's risk coverage in the amount of completed work for renovations, repairs made by the Insured on this project. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; 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. Pollution Liability: Contractor/Contract Professional shall provide Pollution Liability Insurance if/when it is found that soil has been contaminated. 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. All notices or other communications (including annual maintenance 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 (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Lane Glass Inc. Attn.: Robert Lane - Owner Address: 4659 Woodsorrel Ct. Address: Colorado Springs, CO 80917 E-mail: laneglassinc@gmail.com Telephone: (719) 332-5045 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us 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. �S INr'� I T ESS WHEREOF, the parties hereto have signed this Agreement this �t day of �, 20i). CONTRACTOR: Lane Glass Inc. Bylljk Name abt r Title: 0 w elC ✓ Date /0/4/02o WELD COU�� ATTES uWJ •T�J „„/ ;€1 BOARD OF COUNTY COMMISSIONERS Weld ' ou ty Clerk to the Bard WELD COUNTY, COLORADO BY: Deputy Cl :T to the Bo - •'frrI. 4 Mike Freeman, Chair OCT 2 12020 Exhibit A REQUEST FOR BID WELD COUNTY, COL®'ADO 1 150 O STREET GREELEY, CO 80631 DATE: AUGUST 31, 2020 BID NUMBER: B2000178 DESCRIPTION: x:22 7TH STREET -WINDOW SEALING iEARTMENT: BUILDINGS & GROUNDS MANDATORY PRE -BID 3r EETING: SEPTEMBER 11, 2020 MD OPENING: SEPTEMBER 211, 2020 1. NOTICE TO BIDDERS The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Direcr (collectively referred t , herein as, "Weld Cunty"), wishes tpurchase the following: H STREET DOW SEALDN A mandato ore -bid> ferenc °.gill be held on Se Le ber 11 2020 at 10:30 AIVI at the building locale° at 822 7th Street, Greeley, C 80631. [fleet at l st fl or - levators across from Chase rank. Bidders must participate and record their presence at the pre -did conferAnce to be allowed to submit bids. Vile uuM be add lfig to cuvre t state aortal ()Stifling ©0 ones. Bids will be rectived for the above- stated equipment up to, but not later than: September 2°1, 2020 of 10:30 A� td County u rcha i Time Clod). �r M R..rOY1�'S' � o'RVc ttl ild P AS ly NOTE: -us to the recent events surrounang the Corona Sus (COMA pand neuc, some county i'y ernes llo eezair® Weve o rl'id nu ° therefore, `c e � �lin liviR t.Ale held witqa KIT! ctontepronce O. See p ge 9 Taii conference cal laf or_Turoon.* PAGES 1 -� _ OF THIS _REQUEST F APPUC BIDS CONTAIN GENERAL INF RMATION FOR THE REQUEST EFERRED TO ABOVE. NOT ALL OF THE INFOR ATION CONTAINED IN PAGES 1-8 MAY BE - OLE FCCEVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2O I MMATQO TO BID: Weld C unty requests bids for the above- is andor equipment shall be delivered to the iocatien(s) specified herein ed merchandise, equipment, andlor services Bids shall include any and all charges for freight, d and shall, in every way, be the t tal net price which bid. elivery, containers, packaging the bidder will expect the Weld Said merchandis E` less all t -axes and discounts, unI\J to pay if awarded the You can find information concerning this request on the :id et Direct weosite at latttpsliwyvvv.biclnetdirect.comi Weld County Government is a member of BidNet Direct which is an online notification system being utilized oy multiple non-profit and gvernriental entities. Participating entities post their bids, quotes, proposals, addendums, and awaro,s on this one centralized system Did. DO laY t9 it ma . Finail. Due " COV1 r® maned Wds are nouiredo Bids may be emailed to bids@weld ov.cor ; however, if your bid exceeds 25M* ,lease upOoad your bid to htt liw ww.bidnetdirect.com. The maximum file size to upload to BidNet is 500 MB. on the email: `b0 hereby Wa ve, my right t • a your bid/prop*sal. 'Please call Purchasing PDF format Es req uI rred. OHS Emailed bids riusinclude the following statement s - ailed bid". An email confirnn;ition will be sent when we receive t 970-400-4222 o 4223 with any questions. RUCTIONS ION To RODER& fi HTRO UCTORY INFO Yl oN Bids shall be typewritten : r written in ink on fore prepared by the ` Vend County Purchasing Department. Each bio must give thrl full business address of bider and be signed by hires win his usual signature. Bids by partnerships rust furnish tnr full names of all palners and must be signed with the partnership name by oe of the members of the partnership or by an authorized representative, followed _ay the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by th n ame of the stage of the inc*rporation and by the signature and title of the president, secretary, or other persoi authorized to bind it in the ratter. The name of each person signirg 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 :he individual signing. When requested by the- Weld C*unty Controllitr/purchasing irector/Purchasing Director, satisfactory evidence of the jj authority of the officer signing on behalf of a cor .oration shall be furnished. A power of aaorney must accompany the signature of anyone not otherwise authorized to bind :he Adder. All corrections or erasures shall be initialed by the person signing the bid A 0 bidders shall agree to comply with all of the conditions, regui-Percents, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and c early set forth. All blank sp;{ces in the 'yid forms shall be suitably filled in, Bidders art? r�=iguired to u se the Proposal Frr T,s Which are included in this package and on the basis indicated in t'ne Chid Forms. e Bid proposal must be filled out completely, in dial , 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 th bit arrives in the 1M2 d Csunty Purchasing Department on or prior to the time indicated in Section `` 9 entitled, Notice to Bidders." bids received prri r to the time of opniig will be kept unop ied in a secure place. N responsibility will aft ch to the Weld County Contr:•:Iler/Purchasing Director/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director/Purchasing Director; said request being receiv d from the withdrawing bidder prior to the time fixed for ward. Negligence on the part of a bidder in preparing the bid confers no right for he withdrawal of the bid after it has been awarded. Bidders are expected to nxamine the conditions, specifications, and all instructi,• ns contained herein, failure to do so Wi,l be at the bidders' risk. * In accordance with Section 14-9M of the Weld Cou.nty Home Rule Charter, Weld County Will give preierenoe to resident Weld County bidders in ail cases whine said bids are competitive in price and quality. t is also u nderstood th iit Weld. County Will give preference to suppliers from the State of Colorado, in accordance With C.R.S. § 30-11-110 (when it is accering bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld CAtunty). W&d County reserves the right to reject any and all bids, to Wai tine any informality in the bids, to aard the bid to multiple vendors, and tit accept the bid that, in the opini: n f the :=;lard of County Commissi ners, is to the best interests of Weld County. he bid(s) may be awarded to m * re than one vendor. In submitting she bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limits° to the product specifications and scope of services), the formal accepdance of the bid by Weld County, and signature of the Chair of the Botdrd of Cunty Commissioners, together constitutes a contract, with the contract date being the date of signature oy the Chair of the Board of County Commissioners. SUCCESSFUL BODIOIER HUM I\ oP C T QOES ® OLL E,GAL ALOENS Successful bidder certifies, wart_ nts, and agrees that it does not knowingly employ or ctraract with ;31-1 illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly haired for employment in the United States to perform work under this Agreement, througl^ participation in the E -Verify program or the State of Colorado pr: gram established pursuant .fie C.R.S. BID REQUEST #B2QOo178 C� Page 2 §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to 'perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. rt.03p%407(_ * rargpxitm.si ;. moor nfrv1.ay.I�,,:o,� 34..:“-.1^4,n BID REQUEST #62000178 Page 3 C. Governmentd Immunky, No germ r condition of the contract shall be construe: or interpr td as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Coil rado o vernmental Immunity Act §§24m10-101 et seq., as applicable now or hereafter amended. D. Ind percent ConitiractoQ4 The successful bidder shall perform its duties herreuncer as an independent contractor and no) as an employee. He or she shall be solely responsible for its acts and those of iys agents and employees for a I acts 'Performed pursuant to the contract. Neither the succitssful bidder nor any agent or employee thereof shall be deerned to be an agent or emplsyee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance •r workers' compensation benefits through Weld County and Weld County sha l not pay for or otherwise provide such coverage for the successful bidder r any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder nd its employees and agents only if such coverage is made available by tie successful bidder or a third party. The successful bidder shall pay when due all applicable ernoloyment taxes and income tees and local head taxes (if applicable) incurred pursuant to t �e contract. The successful bidder .shall no: have auth•,rization, express or implied, to bind Feld County to any agreement, liability or understanding, except as expressly set forth in the contract. 'he successful bidder shall have the % lowing responsibilities with regard to workers' compensation and unemployment compens tion insurance matters: (a) provide and keep in force wormers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by weld ournty. �L E. Compniance wot[ni . a s The successful bidder laws, mules and regulations in effect or hereafter es discriminaticn and unfair employment practices. shall strictly comply with all applicable federal and state blished, including without limitation, laws applicable to P. Choke of Law: Colorado, law, rubs and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorpir ;ted herein by reference whici conflicts with said laws, rules and/or regulations shall be null and void. G. ko Third"arty Benef Barr y Efforcemento t is expressly understood and agreed that the enforcement of the terms and conditions f ne contrac 5 and all rights of action relating to such enfrcerrent, shall be strictly resewed 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. lit is the express intention of the undersigned panties that any ntity oih r than the ,And . rsigned pairties rrceivini services or benefits uno'er the contract shall be an incidental beneficiary only. cal H. Attorney's FeesID _ eigS Costs: In the evert of a dispute between Weld County and the successful bidder, concerning the contract, the par ,ies agree the Weld County shall not be liable to or responsible or the payment of attorney fees andior legal costs incurred by or on behalf of the successful bidder. O. rlaadv ntaedi Ruithiess HinterpR sere W(9ld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and wil not be discriminated against on he grounds cot race, color, national origin, sex, age, or disability in consideration for an award. J. procurennen and Per iforrn anceo the successful bidder agrees to procure the materials, equipment andlor pr di cts necessary for the project and agrees to diligently pr ;vide all services, labor, personnel and rmateriais necessary to perform and complete the project. The successful bidder shall fut er be responsible for the timely csmpletion, a.nd acknowledges that a- failure to) comply with the standards and requirements outlined in the Bid wi itnin the time limits proscribed by bounty may result in Lounty's decision to withhold payment or t terminate this Agreement. 'Tim: The terns of this Agreement Dt gins upon the date of th and sha D continue thrrougn and until successful bidder's completion of execution f this is Agreement by County, ;he respnsibilities described in the Bid L. I errninei for : County has the right to terminate tnis mgreernent, with or without c use on thirty (3Q) days wrier notice. I _ urthermore, this Agreement may be ter.Tiina.ed t my time without notice upon a material breach of the terms of the Agreement. BlD REQUFST #82000178 Page 4 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 ail services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specific ti ns 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, anc seMce 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) yf ar period after said goods are f=irst 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 r 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, wi-ere such failure is due to any BID REQUEST #B2000178 Page 5 cause beyond its reasonable control, including but not limited to Acts of Cod, fires, shrikes, war, flood, earthquakes or Governmental actions. R. Nn-Exdusi ire Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Fin : ncial Interest/Conflict of Interest — C.R.S. §§24-118-201 et seq. and §24050-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder tit 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 act' n nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severabilityo If any term or condition of this Agreement shall be held to br 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 krbitration PPohllbited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision so the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commis&ners 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 Amou to 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 f the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be mace by County unless a "change order" authorizing such additional payment has been specifically approved by tree County's delegated employee, or by formal resolution of the VVeld County Board of County Commissioners, as required pursuant to the meld County Codu. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the germs of this Agreement. Contractor sh: ,II 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. !NSt NCE REQUIRENIENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force t all times during the term of the Agreement, or any extension theriof, and during any warranty period. The required insuranceshall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" \M I or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County mist be BID REQUEST #82000178 Page 6 notified by the Successful bidder. Successful bidder shall be responsible forthe payment of any deductible or self - insured retention. County reserves the right to require Successful bidder to provide a blond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agrement are the minimum requirements, and these requiri ments do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that rnight arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieviekd of any liability or other obligations ssunmed or pursuant to the Contract by reason of its failure to obtain or maimain insurance in sufficient amounts, duration, or types. The successful bidder snail maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabi hies udder this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or othG r ceficiencies. I NDEFIN: The successful bidder shall defend, incerrinify 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 ,• n account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, of property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or df,cree. This paragraph shall survive expiration or termination hereof. It is agreed that the success'ul bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entiyies, successors, or assigns, its elected officials, trust=ies, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for she County. A failure to comply with this provision shall result in County's right to immediately terminate this agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all tiries during the term of any Agreement, insurance in the following kinds and amounts. Wtrkers9 Compensation Insurance as required by state statute, and Employer's _lability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a aiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND hen such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercia General Liability Insurance for • •,•Hy injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,®30,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Lia My: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property oamage applicable to all vehicles BID REQUEST #82000178 Page 7 operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B2000178 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORD AND PROPOSED PRICING: 822 7th Street Building Window Caulking and Sealing OVERVIEW: The building located at 822 7th Street, Greeley, CO was built in 1974 and has the original windows still in place. The windows are leaky and drafty and need resealed. The purpose of this bid is to reseal all window frames and glass. SPECIFICATIONS: 1. Reseal all exterior aluminum frames to the existing concrete structure with a high -quality polyurethane sealant. 2. Re -attach all exterior metal strips that have come loose and seal all glass to the aluminum frames from the outside of the building. 3. The 7 -story portion of the building is to receive this work. The 2 -story annex does not receive this work. 4. The existing building is 7 stories tall. Contractor will be responsible for any equipment, cranes, lifts or scaffolding necessary to reach all windows around the entire main building. 5. All equipment set up in the street or right of way will require a City of Greeley permit. This will be obtained and paid for by the contractor. 6. The projected contract date is October 30, 2020. The projected installation completion date is no later than December 31, 2020. 7. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 8. Remove and properly dispose of all trash generated by construction activities off -site. 9. Dispose of / recycle all equipment off -site in a legal manner. 10. Payment and Performance bonds are required if the costs exceed $50,000.00. 11. Bidder is expected to enter into a standard County contract. 12. The project will be permitted through the Meld County Building Department. Fees for permits will be waived. 13. A builder's risk policy in the amount of the completed work shall be provided for this project. 14. No bid bond is required for this project. 15. Davis -Bacon and Buy American requirements are NOT required. A a datore bid conference will be held on September 111 2020 at 10:30 Am at the building located at 822 7th Street, Greeley, CO 80631. Meet at 1st floor elevators across from Chase Bank. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. 711:- 1: e . a_ o o a v •� . op 0.y 4. state � S l v'+J � wJ d. /hl rl adhering to curs it state ��•14a�� thst acing fi dine . Bids will be received for the above stated equipment up to, but not later than: September 2112020 at 10.30 AM (Weld Couritv_Purchasing Time Clock). BID OPE ING WHS BE =� VIA A SKYPE CONFERENCE CALL To join call: 1 (720) 439- 4.6 l and enter Conference ID: 1 99r8392 Please rote that due to the Coy°onavirLs (COVIDG1 ) panel n 9 c, some of us are televforkim �� uth that said, the Following changes have been made tOM° current bid process until future notice: 1. No hard copies of bids will be accepted. 2. Only one electronic copy of your bid is needed. PDF format is required. 3. Email bids to dswetdgoy.com. If your bid exceeds 25MB please upload your bid to htt sl/www*bidnetd rect.comi. The maximum file size to upload to BidNet is 500 MB. BID REQUEST #82000178 Page 9 Cost: Pricing will be separated into upper and lower portions of the building. Depending on costs, we may only do the lower half of the building, the upper half of the building or all of the building. ESTIMATED COMPLETION TIME FLOORS 1 THROUGH 3 DAYS ESTIMATED COMPLETION TIME FLOORS 5 THROUGH 7 DAYS TOTAL PRICE FLOORS 1 THROUGH 3 TOTAL PRICE FLOORS 5 THROUGH 7 $ BID REQUEST #B2000178 Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2000178. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO m FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE A *'BALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WIELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER. IS ##98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 — 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE:. Elected Official or Department Head Controller/Purchasing Director awnerwarri N BID REQUEST #82000178 Page 11 822 7T" Street — Window Sealing B2000178 Questions & Answers 1) Question: For the project requiring polyurethane to seal the windows. I would recommend using a silicone sealant. A silicone sealant is more durable under the weather and has better quality than the polyurethane sealant. I would recommend using Dow 795 for the project. Ansvver: Dow 795 silicone will be acceptable as a sealant. 2) Question: Please confirm that caulking of precast -expansion joints are not included in the service scope. Answer: Caulking of pre -case expansion joints is not a part of this project. Caulking of wi►;dovAi frames to precast concrete is a part of this project. 3) Question: Specification Number 1(on Page 9) indicates use of "Polyurethane" sealant. This sealant can be installed/applied in temperatures above 40 degrees, and due to the time of service requested (Nov - Dec) inclement weather may impact timely installation. Silicone can be installed/applied in temperatures above zero degrees. Please consider amending this requirement to include Silicone. Answer: See question 4) Question: will there be a staging area provided for a gang box and materials? Answe.. r: Yes. There is a garage area where the gang box can be located. However, access to the garage will only be during business hours when an escort is available. A key to the garage will not be issued to the contractor. 5) Question: will there be onsite parking provided for company vehicles? Answer: All parking around the building will require a City of Greeley parking permit. These will need to be obtained through the City of Greeley and costs will be paid by the contractor. Free all -day parking is available approx. two blocks from the property. Refer to the City of Greeley parking map for locations 6) Question: Is a Porta-patty needed? Answer: Yes, a porta-potty will need to be provided; 7) Question: Is there an area where a 3 cubic yard dumpster can be put on site? Answer: Yes, a 3 cubic yard dumpster could be placed in the Annex Parking lot. 8) Question: What sealant material will be used for the window frame to glass joint? (Silicone is recommended and should be used as well on the precast to window frame joints.) Answer: See question ##1. 9} Question: If project is divided into two phases, will the same contractor get phase two? Answer: It is the County's intention to award the entire project in one contract. If the bids are higher than the budget, only part of the building will be completed this year. IF this occurred, we would need to re -bid the remainder of the project when funds are available to complete it. 10) Question: Are the roofs perimeter walls structural enough for a parapet clamp? Answer: If the contractor intends to use the parapet as a structural member to support the working platform hanging below, they will need to have a structural engineer review the as -built drawings and provide a stamped letter indicating that it will support the load that will be hanging from it. The costs associated with this will be the contractor's. 11) Question: Is there adequate power for a modular swingstage? (220 — single phase - 30 amp Answer: Contractor will need to have an electrician determine what circuits can be used. It will be up to the contractor to make any electrical connections and cords or cabling necessary. And these costs shall oe included in -the submitted bid price. 12) Question: Will the perimeter trees to the building be trimmed back by others? Answer: Contractor will need to trim the trees as necessary. All tree trimming permits and coordination will need to be through the City of Greeley. These cost shall be included in the submitted bid price. 13} Question: Is there an access door or window onto the lower roofs, or are they only accessed from the roof top? Answer: There is a roof access from inside the building is at the mechanical penthouse. There is a roof access to the third -floor roof through the 4th floor mechanical. The other roofs are accessed through tenant suites. Access times can be arranged with the tenants. In addition, access can be by ladders or lifts. 14} Question: will it be required to wash the windows after the new sealant is installed? If so, what is the name of the current company being used to wash the buildings windows. Answer: Contractor will be required to clean any sealant or debris that: is left on the windows. However, a full window wash is not required with this bid. 15} Question: How is the re -attachment of the exterior metal pieces on the window frames that cannot be seen from the ground to be quantified and priced? Will there be an addendum issued giving the bidding contractor's a contingency amount for this repair? Answer: Re -attachment of metal pieces will be comprised of snapping the mullion and frame covers back into place if they are starting to come loose. This reattachment is part of the base bid scope. If there are missing or broken pieces are discovered, the County would anticipate -the contractor provide a quote for the additional repair. The additional work quote may or may not be approved. 16) Question: What if a section of frame is missing are there original drawings to the building to help locate the window frame manufacturer? Answer: ti'Ve do have the original plans for the building. It would take some research (after laid dated) to determine if the frame manufacturer is identified on them. 17) Question: Will a contractor's license with weld County or with the City of Greeley be required? Answer: No. Cost: Exhibit S Pricing will be separated into upper and lower portions of the building. Depending on costs, we may only do the lower half of the building, the upper half of the building or all of the building. ESTIMATED COMPLETION TIME FLOORS 1 THROUGH 3 ESTIMATED COMPLETION TIME FLOORS 5 THROUGH 7 Y, TOTAL PRICE FLOORS 1 THROUGH 3 TOTAL PRICE FLOORS 5 THROUGH 7 DAYS DAYS $ CP3 , 9a:s . DD BID REQUEST #B200017B Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #62000178. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM ` BUSINESS ADDRESS a59 WoD�l�o��>z� CITY, STATE, ZIP CODE ep I c-) TELEPHONE NO 11 1 -50-kfj FAX PRINTED NAME AND TITLE CO SOc-1 t �f RDNO SIGNATUREr �i-i✓ E-MAIL DATE **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. TAX ID # O L ) r\ £7r ATTEST: Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: BOARD OF COUNTY COMMISSIONERS Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B2000178 Page 11 Form (Rev. October 201 B) Department of the Treasury Internal Revenue San/ice Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. m re re a 1 Nau11e (as shown on your income tax return). Name is required on this line, do not leave this line blank. t"') h C' ,r -CLv 2 Busine s name disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes, • ❑ IndividuaVeole proprietor or C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S, federal tax purposes, Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► 5 Address (number, street, and apt. or suite no.) See instructions. 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) {Applies to accounts roamlainntl outside tne 11.S) (p sq W,00A 8 City, state, and ZIP code _ Last account eumhAr(SHIere (optional) Requester's name and address (optional) Part I Ta;xpa rer Identification Number (TIN} Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding, For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it Is your employer identification number (EIN). If you do not have a number, see How to get TIN, 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. or Employer Identification number Under penalties of perjury, I certify that: 1. The number shown on this font 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)1 am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. Sign Here Signature of U.S. person ► Date ► C)9 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 retum with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information retum the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DN (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (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 77N, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Nevi' Contract Request Entity Information Entity Name LANE GLASS INC Contract Name* l I H STREET WINDOW Contract Status CTB REVIEW EAk LING Entity 80042777 Contract Description* SEAL WINDOWS AT 822 7TH STREET BUILDING Contract Description 2 Contract Type* CONTRACT Arno -an -CI - $1111910t00 enewable NO Automatic Renewal Grant ICA Department BUILDINGS AND CROUNDc 4 1 I e w z_ i ti Contract I 4 1 h r, Contract Le: SCEESAMAN Cott act Lead Eat s g ees rnan@co:meld aco. u 5 Parent Contract ID Requires Boer{ IMF oval YES Department Project Requested ROCS ends Due Date Date 10/15./2020 10/19/2020 Department a work session with BOCC be r eq u i red x k BuildingGroundsOweldgovx r Department ? iead Erriafi CM— uildi g rounds-- DeptHead mfeIdgo ..corn County Attorney GENERAL COUNTY Y County Attorney Email CM- 0\41;COM Does Contract require, Purchasing Dept. to be. included? this is a renewal enter previous Contract ID If this is part of a MBA eater NISA Contract IL;• Note: the Previous Contract Number and Master Services Agreement Number ber- should be left blank if these contracts are not in O gdse Detract Dates Etter Date Review Date 02/26/201 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date k 02/26/2021 'Contact Information rifo Contact Name Purchasing Purchasing Approver Approval Process Department Bead TOBY TAYLOR DPI Approved Elate 10/14/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/21/2020 Originator SGEESAMAN Contact Type Contact EntailContact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approver CHRIS d'OVIDIO Finance Appr' Date 10/16/2020 Tyler Ref # AG 102120 Legal Counsel BOB CHOATE Legal Counsel 10/16/2020 d DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 September 30, 2020 To: Board of County Commissioners From: Toby Taylor Subject: 822 7T" Street — Window Sealing — Bid 2000178 As advertised this bid is seal the exterior windows at 822 7th Street. The low bid from Lane Glass meets specifications. Therefore, Buildings & Grounds is recommending awarding to Lane Glass in the amount of $111,910.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director lO�o7 2020- g 3&©© a, WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmpeters c(�weldgov.com E-mail: reverett a(�weldgov.com E-mail: rturf cr weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: SEPTEMBER 21, 2020 REQUEST FOR: 822 7TH ST - WINDOW SEALING DEPARTMENT: BUILDINGS & GROUNDS BID NO: #62000178 PRESENT DATE: SEPTEMBER 23, 2020 APPROVAL DATE: OCTOBER 7, 2020 VENDOR LANE GLASS 4659 WOODSORREL CT COLO SPRINGS, CO 80917 BLAZER WATERPROOFING SYSTEMS, INC, DBA BLAZER STRUCTURES 14102 E SMITH DR AURORA, CO 80011 ROCKY MOUNTAIN WINDOW CLEANING, INC. DBA, SQUEEGEE SQUAD 3701 W JEWELL AVE STE 208 LAKEWOOD, CO 80228 CENTENNIAL CONCRETE & WATERPROOFING 15354 S HINSDALE CIR CENTENNIAL, CO 80112 AR WATERPROOFING & RESTORATION, LLC 8711 MC ELWAIN BLVD DENVER, CO 80229 TOTAL TOTAL GRAND FLOORS 1-3 FLOORS 5-7 TOTAL $63,928.00 $47,982.00 $111,910.00 DAYS: 25 DAYS: 22 $64,420.00 DAYS: 27 $103,835.00* DAYS: 25 *ENTIRE JOB $113,274** DAYS: 30 **SPLIT JOB $85,970.00 DAYS: 45 $122,500.00 DAYS: 23 $58,532.00 DAYS: 17 $43,149.00* DAYS: 15 *ENTIRE JOB $47,072** DAYS: 15 **SPLIT JOB $62,667.00 DAYS: 45 $87,500.00 DAYS: 18 $122,952.00 $146,984.00 $160,346.00 $148,637.00 $210,000.00 DEPENDING ON PRICING, WE MAY ONLY DO THE LOWER HALF OF THE BUILDING, THE UPPER HALF OF THE BUILDING OR ALL OF THE BUILDING. THE DEPARTMENT OF BUILDINGS & GROUNDS IS REVIEWING THE BIDS. (31/ass 2020-2918 3�0�22 Hello