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Home My WebLink About20210580.tiffContrac+ zIfJ }* 95 -IS AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & ALPINE GARDENS 12,50 H STREET - IRRIGATION SYSTEM & LANDSCAPING THIS AGREEMENT is made and entered into thisOertay of �1 � , 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 Alpine Gardens whose address is 7029 South College Ave. Fort Collins, CO 80525, hereinafter refen-ed 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 WIIEREAS, Contractor is willing to perform and has the specific ability to perfonn 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: I. Introduction. The terns 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. 62100061". 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. 3. Terra. The tern of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until C'ontractor's completion of the responsibilities 0.4r15,24-)+- ofa9/ ce-• gx464.(wcts,&) ooa1- 05550 BGoo �3 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 $284,756.57, 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 conforn 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 constnied 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 tern 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: S1,000,000 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 tithes 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 perfonn 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 party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Alpine Gardens Attn: Mark Stock Address: 7029 South College Ave Address: Fort Collins, CO 80525 E-mail: mark(ti�alpinelanscaping.com Telephone: (970) 226-2296 County: Name: Toby Taylor Position: Director of Facilities Address: 1 105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: ttaylor(u: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 instillment 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 terns 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 §524-10-101 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. 58-17.5-101 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 teams. 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. 1N WITNESS WHEREOF, the parties hereto have signed this Agreement this c:1 day of c , 202 t. CONTRACTOR: Al ine By:Date Name: Title: i WELD T. CI „�,i 'e1 ATTEST•�j '.�t$A •�D Weld ou ty Clerk to the toth-�Boar��►} A BY: Deputy C BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO teve Moreno, Chair MAR 2 9 2021 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80031 DATE: FEBRUARY 5, 2021 BID NUMBER: B2100061 DESCRIPTION: 1250 H STREET - IRRIGATION SYSTEM & LANDSCAPING DEPARTMENT: FACILITIES MANDATORY PRE -BID MEETING: FEBRUARY 11, 2021 BID OPENING: FEBRUARY 25, 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: 1250 H STREET — IRRIGATION SYSTEM & LANDSCAPING A andate r bid conference will be held on February 1.1.1 2021 at 8:00 AM at 1250 H Street, Greeley, CO 84631. Vendors must participate and record their presence at the pre -bid conference to be allowed to submit proposals. We �AA be &chafing tto current stag social distancing guideliles. Bids will be received for the above stated equipment up to, but not later than: 261 2021 eld C unt Purchasing Tie Clock). DM to c OVIDoeL 9, the bid operrinv be held vii thricrosoll earns ‘onference CO. To join, cai0 n J Thor and emir the conference D provided Blow: :0 _AM en February Phone number: 720439-5261 -5261 Phna Conference ID: 26771652E 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 PURCHASE. BID_SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://wvvw.b dnetdi'rect.comi 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. Bid Delivery .to Weld _County: 1. Email. Due t0 the Coronavirus (GOVID-19), emailed bids are required. Bids may be emailed to bids a@weldgov.com, however, if your bid exceeds 25MB please upload your bid to htips://wm.bidnetdirect.corn. 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 try 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: INTRODUCTO =Y INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the gull 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 nacre by • ne •:f the members of the partnership or by an authorized represent: tive, 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/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf sf 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/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 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 14-0(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any bo•,ks, 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 Proposal contained herein (including, but not limited to the product specifications and scope of se ices), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County C-mmissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Bcard f County Commissioners. 4. SUCCESSFUL BIDDER HIRING PRACTICES — ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employee 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.Q. §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 budder 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 BID REQUEST #B2100®61 Page 2 bidder ooti ins actual knowledge that a subcontractor performing work ender the public contract for services knowingly employs or contracts with an illrigal alien successful bidder shall notify the subcontractor and Coo rty Afithin three (3) days that Successful bidder has acbal knai°d ledge that a subcontractor is en-ploying or contracting with an illegal alien and shall terminate the subcontract if a subs;,ntractor Goes not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder s call not terminate the contract if within three. days the subcontractor provides information testablish that ;he subcontractor has not knowingly employed or contracted with an illegal alien. SuccessLI 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 Ernplyment. if Successful bidder participates in the State of Colorado program, successful bidder shall, within twenty days after hiring a new iernp oye-, to perform' work under the contract, affirm that Successful bidder has exrnined the Ir al work status f such empl •yee, retained file copies of the documents, arad n altered or falsified. the identification documents gor such employees. Successful bidder shall deliver to County, written notarized a.ffiration thit has examined thi, legal work status of such employee, and shall comply with all of the other requirements f the State of Colorado program. If Successful bidder fai s to comply with any requirement of this provision or of C.R.S. §8-17.5-2C1 t seq., Ca unty, may terminate this Agreement for bread, an if so terminated, �tliccessful bidder shall be liabl for actua and consequential dare ages. hxcept where exempted by yederal law anc except as provided in C R.S. § 24-76.5- 03,i3), if Successful bidder receives federal or state funds under the contract? Successful bic cler must corrfirm that any individu;il natural pers•gin eighteen (18) years of age or older is lawfully present in the United states purs runt to C. R. § 24-76.5- °103(4), if such individual applies door public benefits provided under the contrti.ct. If Sccssful bidder operates as a sole propria or, it hureby swears or affirms under penalty of perjury shat it: (a) is a citizen of he United Sttes or is otherwise lawfully present in the United States pursuant to federal law, (0) seal 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 identificaion required by C.R.S. § 24-76.5-103 prior to the effective dhte of tie contract. 5. Gti . PKO MOMS A. Rind Aval abUoty: Financial bligatior's of VVeld County payable after the current fiscal year are conting nt upon funds for that purpose being appropriated, budgeted and otherwise made available. rity acceptance of the bid, veld County does not, warrant that funds will be available to fund the contract beyond th current fiscal years r.� B. Trade Sem? is and the( aconfide �itieQ hot r aad eld County discourages bidders from submitting co nfidt- ntial information, including trade secrets, that canna be disc,used to the public. If nec,-ssar~y'confidential info;nation of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on IMN information as the top the wordy "CONFIDENTIAL." However, the successful bidder is advised that as a public enti,y, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., she Colorado Open Records Act (CORA), with rapid tpublic records, and cannot guarantee the confidentiality ox a°0 docLments. >rhe bidd r is responsible for ensuring that ;di information coat« pined within the confidential Dortkon of the subnnittal is -xempt from disclosure pursuant to C.R.S. 24-72-2, (3)(a)(0V) Frade secrets, privileged in o rrkatic ni and c onfidential commercial, financial, geological, or geophysical data). If Weld County receives a C•RA request for bid infotmation marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CO A, and disclose those portions staff determines ar not prtected prom disclosure. field C aunty staff will not be responsib e for redacting or identifying Confidential information which is included within the body f the bid and not separately identified. Any document which is incorp•rated as an exhibit into any contract executed by the C•;unty shall b�, a pudic document ragrdless of whether it is marked as confidenti4i 1. C. Government = mmuniV: No term or condition of the contract shall be construed or interpreted pis a waiver, xpress or impl0ed, of any of the irrimur°ides, rights, benefits, protections or rather provisions, of the �oloitad Governrnenta.l Immunity , .ct §§24-10-101 et sect., as applicable n®w or here ?ter amended D. h -dependent Contractor: The successful bidder shall perfitrri its duties hereunder as an independent cntractcr and not as an employe t: He or she snail be solely responsible for its acts and those of its agents and BID REQUEST #B2100061 Page 3 employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract, The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by lave, and (b) provide pr tof thereof when requested to do so by Weld County. E. Compliance with Lava The successful bidder shall strictly comply with all applicable federal and state laves, rules and regulations in effect or hereafter established, including without limitation, laves applicable to discrimination and unfair employment practices. E. Choice of Law: : Colorado lave, and rules a.nd regulations established pursuant thereto, shall be applied in the interpretation, executi`•;n, and enforcement of the contract. Any pro :: ision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. C. No Third -Party B - neficiarryy Enforcement: It is expressly understood and agreed that the enforcement of the t rms and conditions tf the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any clairn or right of action whatsoever by any other person not included in the contract. it is the express intention of the undersigned parties treat any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. A ton-nes lees/Legal Cstso In the event of a dispute between Weld county and the successful bidder, concerning the contract, the parties agr-e that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: VVeld 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, colsr, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to dilicently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidden shall further bt responsible for the timely completion, and acknowledges that a 'allure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by county may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the resp,•,nsibilities described in the lid. L. Termination: County has the right to terminate this Agre=ment, with or without cause on thirty (30) days written notice. I' uflhermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by county for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. BID REQUEST #82100061 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 County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 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 specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1 ) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of Cod, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Ernpi yee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere BID REQUEST #B2100061 Page 5 with the performance of the successful bidder's services and the successful bidder sh; II not employ any person having such known interests. During the terra of this Agreement, the successful bidder shall not eng-ige in any business or personal activities or practices r maintain any relationships which actually conflicts with or in any way appear to condflict 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. l\io employee of the successful bidder nor any member of the successful bidder's f; roily shall serve on a County zioard, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding t•, the successful bidder, T. Severabillty: If any terra or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court o,i 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 Auti ration Prohibited: Weld County does not agree to binding arbitration by any e ra-judicial body or person. Any provision to the contrary in the contract or incorporated herein by r;,ference shall be null and void. V. Board of C •aunty Co naossioners of Weld County Approval: This Agreem nt shall not be valid until it has been approved by the Board of County Commissioners of Weld County, C lsrad • or its designee. W. Cr•Ampensation Amount: Upon the successful bidder's successful completion of the service, and County's accept nee of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a 61change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Taxes: Coun u will not withhold any taxes from monies paid to the successful bidder hereunder and th successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments mace, pursuant to the terms of this Agreement. Contractor shall not be ntitko to bill at •overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. Go INSURANCE REQUIREMENTS 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 at all times during the terra of the Agreement, or any extension thereof, and during any warranty peri•.d. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "aA" VIII or better. Each policy shall contain a valid provision or Lndorsement st ting "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 {3®} days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten ( 1 g) days prior. If any policy is in excess of a deductible or s,-,lf-insured retention, County must be notified by the Successful bidder. Successful bidder shall be respolnsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guar;Thntee payment of claims: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements d not decreast or limit the liability of Successful bidder. The County in no way warrants that thr; minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, repres antatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain nigher limits and/or broader coverages. The successful bidder is not relieved of any libility 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 successful bidder shall maintain, at its own expense, any -additional BID REQUEST #B2100061 Page 6 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 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, end the cordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, missions, or other deficiencies. INDEMNITY: The successful bidder 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 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, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The 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 decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful 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 entities, successors, or assigns, its elected officials, trustees, employees, agents, and volumeers for losses arising from the work performed by the successful bidder 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 successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts. Workers' Compensation Insure cc as required by state statute, and Employer's Liability Insurance covering all of ,chi- successful bidder's employees acting within the course and scope of their employment. "solicy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver fora. Commercial General Liability Insurance for bodily injury, property damage, contract, and defense costs, with the minimum limits must be as follows: $1,00+0,000 each occ-rrence; $2,000,000 general aggregate; $2,000,000 products and completed op $1,000,000 Personal Advertising injury rations aggregate; nd liability assumed under an insured Automobile Liability: Successful bidder shall maintain limits of S1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each acciden3, 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_ 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 terra 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. BID REQUEST#B2100061 Page 7 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: abrogation: 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 482100061 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING. 1250 H Street Irrigation System and Landscaping This project is a design build for the installation of a new water irrigation system and landscaping. Overview: Weld County has purchased the property located at 1250 H Street, Greeley and renovated the building to house the Clerk .and s ecorder's; dice. The existing irrigation system and landscaping are in disrepair and uses city water. The ()active is to extend the County's reclaimed water system to the site and provide an entirely new irrigation system as well as landscaping and landscaping repair. Scope of work: This project will consist of contractor performing design and installation of a reclaimed water irrigation system and landscaping renovations to an existing building, work shall include: Provide design drawings for a complete new reclaimed water irrigation system and landscaping that will replac., the existing irrigation system. The entire site will need to be irrigated .by the new system. 2. Contractor will need to build site drawings for this project. Weld County does not have any ;is-bLilt drawings for the site. 3. Extend reclaimed water piping tthe site from the connection looted to the south of the protect sip Contractor shall repair any damages to other property and irrigation systems. 4. Provide all labor, equipment and materials necessary to install new irrigation system. Irrigation syst-=tIl shall include a drip system to the islands on the property as well as all turf areas. 5. Install sod in all areas • n the site that currently do not have turf. These are shown appr:•;ximately in the blue shaded areas. Sod shall be a 3 -way blend of turf type tall fescue. All dimensions and measurements will be the responsibility of the contractor. Provide soil amendments prior to placing sod. 6. Contractor will be responsible for maintaining and fertilizing sod, operating irrigation system and mowing for 60 days after sod has be=en plat -d. 7. All existing landscaped areas will need to be protected and brought back to original condition at completion of the project. 8. Provide all piping, wiring, cabling, valves, blow out valves and isolation valves necessary for a complete sprinkler control system. 9. Provide and install new time clock. CIck shall be equal to Rainbird ESP-LXD two wire. Clock will De I:• cated in the mechanical room on the south end of the existing building. All wiring and cabling exiting the building shall be enclosed in a water tight conduit and the building sealed to keep water out. Contractor shall be responsible for all building penetrations 10. All valves and heads shall be r''ainbird. 11. All valves must be in square valve boxes accessible from the surface. 12. All materials and equipment shall br, designed for reclaimed water systems. 13. Remove and properly dispose of all trash generated by construction activities off site. 14. Weld County will waive any fees required by the County for this project. Any other permits, (grading, right of way, etc.) ieeded for this project will be obtained and paid for by the contractor. 15. No bid bond is required for this project. 16. Davis -Bacon and Buy American requirements are NOT required. 17. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 18. Based on a contract being ready on March 30, 2021, provide the completion date for this project. Schedule: Date of this Bid Advertisement ate February 5, 2021 February 5, 2021 BID REQUEST #B2100061 Page 9 Pre -Bid Conference February 11, 2021 Proposals Are Due February 25, 202` Contract Award Notice March 15, 2021 Construction Start Immediately upon receipt of signed contract Completion May 15, 2021 Fees: TOTAL PRICE COMPLETION DATE BID REQUEST ##62100061 Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: I. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. 48 100061. 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 Ulu BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE FAX TAX ID # *ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE of E EPTION NUMBER IS # x`_03551-0000. AT T EST: Meld County Clerk to the Board BY: YOU DO NOT NEED TO SENDBACK PAGES I ® 8m BOARD OF COUNTY COMMISSIONERS WELD COUI dTY, COLORADO Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #82100061 Page 11 );;;Sal.:: "t"rtia7Wa ***A,Ve need signed cop's: on rile witn vour bid submittals Thank ou!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL February 199 2021 21 0 61 125 H Street _ Landscape: Irrigation System estB rid, r.: nswers Fe <<t ru a ry I'`_ 2021 1 .uestion: what is the anticipated flow and pressure from the non -potable connection? Answer: Tmp tha: supplies this system is ra teo for 300 gallons per minute at 90 PSI. There will be multiple systems running off of it at any given time. 2e Question: will there be water window restrictions? answer: Jatering will not be done during „Jusiness hours 8 AM until 5 PIVI; Mondal, through Frida 3. Question: If sleeves are not present to the islands is saw cutting of the parking lot acceptable` Answer: 'Yes. 44 Question: If saw cutting is acceptable, what patching specifications will be expected? Answer: Match existing asphalt. Assume it is 4" thick. 5. Question: Will there be any additional plant rnaterial (shrubs, trees, grasses, etc.) included in the new design? Answer: We would ike to have something ornamental at the two new islands on the east side of the building. One island to the north and one to the south. All areas on the property that do not currently have sod will need to be sodded as shown on the site plane kinthere there is currently rock, we would life the rock to be "freshened gip" and made to loop ike it was just placed, without any dirt oweeds. 6. Question: Do you expect the irrigation design to be submitted with the proposal? Answer: it,„ But irrigation design must be submitted prior after construction. :o construction. With asmbuilts provided 7. Question: Please confirm location of the non -potable tie in? The plan given for bidding show it stubbed out on the east side of H Street, but during the walk through it was said to be on the west side of H Street. Answer: Non -potable eater tie in location is located as shown on the drawings and is approximately 6 feet deep. It is currently serving the adjacent building. The Country's goal is to extend the line t� :ugh ehe existing landscaped ,area at the street onto the lot that is being landscaped with this bid. 8a Question: When does the water become available in the non -potable system? Answer: Turn on of the system is approximately � rimately March 22nd depending on weather, 9. Question: Some of the areas shown in yellow that are called out to be "restored" after the irrigation is installed appear to have large areas of weed stands in there or large areas where turf grass is not growing. Are contractors responsible to return to current conditions or are contractors responsible for restoring the areas in yellow to full and healthy stands of turf grass? Answer: restore the area to the condition that it was in when the project started No new sod will be needed in these areas. 10. Question: Are the rock areas to have rock added or just have weeds removed and edged? Answer: The areas need to look like they are new. Some areas already have enough rock in them ut some areas wi'I need to have some added. All rock areas should have weecs removea and re - edged. Rock should ,hatch existing type and size, 11. Question: Will areas where front drive was removed need to be brought up to surrounding ground of just soil prepped for sod growth? Ans ver: This area needs to be brought up to s r rounding ground level. Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: 1250 H Street Irrigation System and Landscaping This project is a design build for the installation of a new water irrigation system and landscaping. Overview: Weld County has purchased the property located at 1250 H Street, Greeley and renovated the building to house the Clerk and Recorder's Office. The existing irrigation system and landscaping are in disrepair and uses city water. The objective is to extend the. County's reclaimed water system to the site and provide an entirely new irrigation system as well as landscaping and landscaping repair. Scope of work: This project will consist of contractor performing design and installation of a reclaimed water irrigation system and landscaping renovations to an existing building, work shall include. 1. Provide design drawings for a complete new reclaimed water irrigation system and landscaping that will replace the existing irrigation system. The entire site will need to be irrigated by the new system, 2. Contractor will need to build site drawings for this project. Weld County does not have any as -built drawings for the site. 3. Extend reclaimed water piping to the site from the connection located to the south of the project site. Contractor shall repair any damages to other property and irrigation systems. 4. Provide all labor, equipment and materials necessary to install new irrigation system. Irrigation system shall include a drip system to the islands on the property as well as all turf areas. 5. Install sod in all areas on the site that currently do not have turf. These are shown approximately in the blue shaded areas. Sod shall be a 3 -way blend of turf type tall fescue. All dimensions and measurements will be the responsibility of the contractor. Provide soil amendments prior to placing sod. 6. Contractor will be responsible for maintaining and fertilizing sod, operating irrigation system and mowing for 60 days after sod has been placed. 7. All existing landscaped areas will need to be protected and brought back to original condition at completion of the project. 8. Provide all piping, wiring, cabling, valves, blow out valves and isolation valves necessary for a complete sprinkler control system. 9. Provide and install new time clock. Clock shall be equal to Rainbird ESP-LXD two wire. Clock will be located in the mechanical room on the south end of the existing building. All wiring and cabling exiting the building shall be enclosed in a water tight conduit and the building sealed to keep water out_ Contractor shall be responsible for all building penetrations 10. All valves and heads shall be Rainbird. 11. All valves must be in square valve boxes accessible from the surface. 12. All materials and equipment shall be designed for reclaimed water systems. 13. Remove and properly dispose of all trash generated by construction activities off site. 14. Weld County will waive any fees required by the County for this project. Any other permits, (grading, right of way, etc.) needed for this project will be obtained and paid for by the contractor. 15. No bid bond is required for this project. 16. Davis -Bacon and Buy American requirements are NOT required. 17. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 18. Based on a contract being ready on March 30, 2021, provide the completion date for this project. Schedule: Date of this Bid Advertisement Date February 5, 2021 February 5, 2021 BID REQUEST #82100061 Page 9 Pre -Bid Conference February 11, 2021 Proposals Are Due February 25, 2021 Contract Award Notice March 15, 2021 Construction Start Immediately upon receipt of signed contract Completion May 15, 2021 Fees: TOTAL PRICE (`l' mpi_FTIf1N IlATF $ 2&4,756.57 July 30,2021 BID REQUEST #82100061 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. #B2100061. 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, ail 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 ALPINE GARDENS BUSINESS ADDRESS 7029 SOUTH COLLEGE CITY, STATE, ZIP CODE FORT COLLINS, COLORADO 80525 TELEPHONE NO 970-226-2296 FAX 970-506-2730 PRINTED NAME ANiXTI CLE MARK STOCK, COMMERCIAL DIVISION MANAGER SIGNATURE TAX ID # 84-1010058 E-MAIL MARK@ALPINELANDSCAPING.COM DATE 2/25/2021 **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, ATTEST' BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY. Deputy Clerk to the Board Mike Freeman, Chair BID REQUEST #82100061 APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director Page 11 Taxpayer identification i ut;;bar (TiN) est fd i axpay- i Scut . �c!leg?. or Sign ) S;gnaturs Oi i 4Ei'3 U, .p,a^sona- II, pinyca idontlfi: ntlon nuwntrr, AccpRo® CERTIFICATE OF LIABILITY INSURANCE DATE (M ) /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 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 Flood and Peterson PO Box 578 Greeley CO 80632 CONTACT K lie Care CISR, CIC NAME: y y PHONE Ext): (970)266-7148 I (A/C, No): (970)506-6845 E-MAIL ADDRESS: KCarey@floodpeterson.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:EMCASCO Insurance Company 21407 INSURED Naturescape, Inc., DBA Alpine Gardens & Fossil Creek Nursery 7029 S. College Avenue Fort Collins CO 80525 INSURER B:Employers Mutual Casualty Company 21415 INSURER C:Pinnacol Assurance 41190 INSURER D: Berkley Assurance Company 39462 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: GL,CAU,XS,L/REQPx12/21; 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DDNYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6D0-78-11-21 12/1/2020 12/1/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RX PREMISES (EaEoccurrence) $ 500,000 I CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENIAGGREGATE P POLICY OTHER: X LIMITAPPLIES PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X _ X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS 6E0-78-11-21 12/1/2020 12/1/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Medical payments $ 5,000 B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 6,70-78-11-21 12/1/2020 12/1/2021 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED I X I RETENTION $ 0 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N y N /A 4033906 10/1/2020 10/1/2021 PER OTH- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B D Leased/Rented Equipment Professional/Pollution Liab. 6C0-78-11-21 PCXDB-5010295-1219 12/1/2020 12/1/2019 12/1/2021 12/1/2021 $120,000 Limit $1,000 Ded. $2,000,000 Shared Limit $5,000 Ded. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as Additional Insured as required by written contract with respects to liability arising out of work performed by the named insured on the General Liability policy. CERTIFICATE HOLDER CANCELLATION County of Weld 1150 "O" 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 K Carey, CISR, CIC/KC o ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD New CuntRequest Entity Information - Entity Name* ALPINE GARDENS Entity ID k ,0000021 1 Contract Name* 1250 H STREET IRRIGATION & LANDSCAPING Contract Status CTE REVIEW ❑ New Entity? Contract ID 4575 Contract Lead* SGEE.SAMAN Contract Lead Email sgeesarnan.1i)co.weld.co.us Contract Description* INSTALL IRIG,ATIONSYSTEM & LANDSCAPING AT 12501 H STREET. Contract Description 2 Contract Type* CONTRACT Amount* $284,755.57 Renewable* NO Automatic Renewal Grant ICA Department BUILDINGS AND GROUNDS Department Ernail CM- BuildingGroundseatveldg©v.c orn Department Head Email CM-BuildingGrounds- De-tHeadfAveldgou.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYINVELDG OV.COM Requested ROCC Agenda Date 03:24;2021 Parent Contract ID Requires Board Approval YES Department Project Due Date 03120.'2021 Will a work session with BC+CC 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 ,'fat Effective Date. Review Date* 08 31 2021 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date" OS; 31:2021 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head TOBY TAYLOR DH Approved Gate 03.23, 2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03129 "2021 Originator SCEESAMAh Contact Type Contact Email Finance Approver BARB CONNO'LLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved [.date 03!2.4/2021 Tyler Ref # AG 03221 Legal Counsel BOB C.HOAT'E Legal Counsel Approved Date 03:24,`2021 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 March 4, 2021 To: Board of County Commissioners From: Toby Taylor Subject: 1250 H -Street Irrigation & Landscaping; B2100061 As advertised this bid is for installation of a functional irrigation system along with landscaping items (e.g. sod, rock, edging). The low bid is from Alpine Gardens and meets specifications. Therefore, the Facilities Department is recommending the award to Alpine Gardens in the amount of $284,756.57. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 3� cFpt0 •6600D3 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(ameldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: FEBRUARY 25, 2021 REQUEST FOR: 1250 H STREET - IRRIGATION SYSTEM & LANDSCAPING DEPARTMENT: FACILITIES BID NO: #B2100061 PRESENT DATE: MARCH 1, 2021 APPROVAL DATE: MARCH 15, 2021 VENDOR ALPINE GARDENS 7029 SOUTH COLLEGE FORT COLLINS, CO 80525 ELITE INDUSTRIES INC. 707 N HWY 287 FORT COLLINS, CO 80524 TOTAL COMPLETION DATE $284,756.57 JULY 30, 2021 $398,937.00 MAY 15, 2021 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 2021-0580 bbooa3 Hello