HomeMy WebLinkAbout20212926.tiffOfbn+rolci MD #5393
MEMORANDUM
TO: Esther Gesick, CTB DATE: November 5, 2021
FROM: Clay Kimmi, P.E., Public Works
SUBJECT: B2100131 — Demolition of Storage Building at 38854
CR 37
Please place the attached contract on the BOCC consent agenda for an upcoming 9 am hearing. The
contract is for the demolition of a storage building at 38854 CR 37. The Board awarded the contract to
CPC Constructors, Inc. on November 1, 2021. The contract id is 5393. The Tyler reference number is
2021-2926.
The contract is for an amount not to exceed $38,420.00. The contract amount is also included in the 2021
Public Works budget.
I will plan on attending the meeting to answer any questions.
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AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY & CPC CONSTRUCTORS, INC.
WAAG STORAGE BUILDING DEMOLITION PROJECT
THIS AGREEMENT is made and entered into this 15' "day of November, 2021, by and between
the Board of Weld County Commissioners, on behalf of the Department of Public Works, hereinafter
referred to as "County," and CPC Constructors, Inc., hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contractor to perform construction services as required by
County and set forth in the attached Exhibits; and
WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to
perform the required construction services to provide the services according to the terms of this Agreement;
and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill,
expertise, and experience necessary to provide the equipment, materials and services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this document
and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein.
The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the
performance obligations of Contractor and Contractor's willingness and ability to meet those requirements
(the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the
terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of
attachment.
Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2100131".
Exhibit B consists of Contractor's Response to County's Request for Bid.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Work and agrees to diligently provide all services, labor, personnel and materials
necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully
perform the Work in accordance with the standards of professional care, skill, training, diligence and
judgment provided by highly competent Contractors performing construction services of a similar nature to
those described in this Agreement. Contractor shall further be responsible for the timely completion and
acknowledges that a failure to comply with the standards and requirements of Work within the time limits
prescribed by County may result in County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement
and shall continue through and until Contractor's completion of the responsibilities described in the attached
Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado
prohibit County from entering into Agreements which bind County for periods longer than one year. This
Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the
County, by the Director of the Department of Public Works or his or her designee, may extend the time for
the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not
increase the compensation to be paid to the Contractor nor change any other term herein.
4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon
thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon
material breach of the other party, however the breaching party shall have fifteen (15) days after receiving
such notice to cure such breach. Upon termination, County shall take possession of all materials,
equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems
expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed
or partially completed under this Agreement, together with all other items, materials and documents which
have been paid for by County, and these items, materials and documents shall be the property of County.
Copies of work product that is incomplete at the time of termination shall be marked "DRAFT -
INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such
compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted
and which have been approved by the County; (2) the reasonable value to County of the services which
Contractor provided prior to the date of the termination notice, but which had not yet been approved for
payment; and (3) the cost of any work which the County approves in writing which it determines is needed
to accomplish an orderly termination of the work. County shall be entitled to the use of all material
generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County,
Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or
by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or
materials described herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by Contractor shall be the basis for
additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has been
unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment,
shall be the basis of any increase in the compensation payable hereunder. In the event that written
authorization and acknowledgment by the County for such additional services is not timely executed and
issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services
shall be deemed waived and such failure shall result in non-payment for such additional services or work
performed. In the event the County shall require changes in the scope, character, or complexity of the work
to be performed, and said changes cause an increase or decrease in the time required or the costs to the
Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated
between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the
Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in
the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed
covered in the compensation and time provisions of this Agreement.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and
County's acceptance of the same, County agrees to pay an amount not to exceed $38,420.00, as set forth
in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change
Order authorizing such additional payment has been specifically approved by Weld County. If, at any time
during the term or after termination or expiration of this Agreement, County reasonably determines that any
payment made by County to Contractor was improper because the service for which payment was made
did not perform as set forth in this Agreement, then upon written notice of such determination and request
for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon
termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith
be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder
and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related
to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached
Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding
anything to the contrary contained in this Agreement, County shall have no obligations under this
Agreement after, nor shall any payments be made to Contractor in respect of any period after December
31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the
Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes,
the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado
Constitution, Article X, Sec. 20).
7. Independent Contractor. Contractor agrees that it is an independent contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to any
employee benefits (including unemployment insurance or workers' compensation benefits) from County as
a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of
its agents and employees for all acts performed pursuant to this Agreement.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any
subcontractor agreements for the completion of this Work without County's prior written consent, which
may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to
approve all personnel assigned to the Work during the performance of this Agreement and no personnel to
whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall
require each subcontractor, as approved by County and to the extent of the Work to be performed by the
subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor
all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County.
County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any
subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be
responsible for the acts and omissions of its agents, employees and subcontractors.
9. Ownership. All work and information obtained by Contractor under this Agreement or individual
work order shall become or remain (as applicable), the property of County. In addition, all reports, data,
plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all
reports, test results and all other tangible materials obtained and/or produced in connection with the
performance of this Agreement, whether or not such materials are in completed form, shall at all times be
considered the property of the County. Contractor shall not make use of such material for purposes other
than in connection with this Agreement without prior written approval of County.
10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -
confidential information, clearly denoting in red on the relevant document at the top the word,
"CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with
the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public
records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential
all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any
such confidential information to any other person or entity without seeking written permission from the
County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and
proprietary nature of this confidential information and of the restrictions imposed by this Agreement.
11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed
in a manner consistent with the professional construction standards governing such services and the
provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed
by qualified personnel in a professional manner, consistent with industry standards, and that all services
will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all
work performed on this Project pursuant to this Agreement is subject to a warranty period during which
Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance.
This warranty shall commence on the date of County's final inspection and acceptance of the Project, and
shall continue for one year, or such greater time as specified in the attached Exhibits.
12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to
County originals of all test results, reports, etc., generated during completion of this work. Acceptance by
County of reports, incidental material(s), and structures furnished under this Agreement shall not in any
way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no
event shall any action by County hereunder constitute or be construed to be a waiver by County of any
breach of this Agreement or default which may then exist on the part of Contractor, and County's action or
inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy
available to County with respect to such breach or default. No assent, expressed or implied, to any breach
of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a
waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under
the law generally.
13. Insurance. Contractor must secure, before the commencement of the Work, the following
insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep
the required insurance coverage in force at all times during the term of the Agreement, or any extension
thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation
rights against County.
a. Types of Insurance:
Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all
the Contractor's employees acting within the course and scope of their employment. The policy
shall contain a waiver of subrogation against the County. This requirement shall not apply when a
Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when
such Contractor or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance including public liability and property damage covering all
operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000
each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations
aggregate; $1,000,000 Personal Advertising injury; and $5,000 Medical payment per person.
Medical operations coverage shall be provided for a minimum period of one (1) year following final
acceptance.
Automobile Liability: Contractor shall maintain limits of $1,000,000 for each accident combined
single limit 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.
Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall
become primary in the event the primary liability policy limits are impaired or exhausted. The policy
shall be written on an Occurrence form and shall be following form of the primary.
Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract
involves potential pollution risk to the environment or losses caused by pollution conditions that
may arise from the operations of the Contractor described in the Exhibits. The policy shall cover
the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution
conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or
pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor
warrants that any retroactive date applicable to coverage under the policy precedes the effective
date of this Contract; and that continuous coverage will be maintained or an extended discovery
period will be exercised for a period of three (3) years beginning from the time that work under this
contract is completed.
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 1,000,000
For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a
claims -made policy, the retroactive date must be on or before the contract date or the first date
when any goods or services were provided to County, whichever is earlier.
b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other
proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate
of insurance naming Weld County, Colorado, its elected officials, and its employees as an
additional named insured.
c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services
under this Agreement have or will have the above described insurance prior to the commencement
of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits
as required herein. Contractor agrees to provide proof of insurance for all such subcontractors
upon request by the County.
d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum
requirements, and these requirements do not decrease or limit the liability of Contractor. The
County in no way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the Work under by the
Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall
assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or
broader coverages. The Contractor is not relieved of any liability or other obligations assumed or
pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient
amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional
kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities
under this Agreement.
e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met
the insurance requirements identified herein. The Contractor shall be responsible for the
professional quality, technical accuracy, and quantity of all services provided, the timely delivery of
said services, and the coordination of all services rendered by the Contractor and shall, without
additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies.
14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful
acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this
Agreement or on account of any act, claim or amount arising or recovered under workers' compensation
law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial
decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all
injuries or damage received or sustained by any person, persons, or property on account of its performance
under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the
Contractor will be responsible for primary loss investigation, defense and judgment costs where this
contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive
all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns,
its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed
by the Contractor for the County. A failure to comply with this provision shall result in County's right to
immediately terminate this Agreement.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or
claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or
transfer its rights hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be
granted or denied at the sole and absolute discretion of County.
16. Examination of Records. To the extent required by law, the Contractor agrees that any duly
authorized representative of County, including the County Auditor, shall have access to and the right to
examine and audit any books, documents, papers and records of Contractor, involving all matters and/or
transactions related to this Agreement. The Contractor agrees to maintain these documents for three years
from the date of the last payment received.
17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to
any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
18. Notices. County may designate, prior to commencement of work, its project representative
("County Representative") who shall make, within the scope of his or her authority, all necessary and proper
decisions with reference to the project. All requests for contract interpretations, change orders, and other
clarification or instruction shall be directed to County Representative. All notices or other communications
made by one party to the other concerning the terms and conditions of this contract shall be deemed
delivered under the following circumstances:
a) personal service by a reputable courier service requiring signature for receipt; or
b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to
a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment
is required by the sending party; or
Either party may change its notice address(es) by written notice to the other. Notice shall be sent to:
Contractor: CPC Constructors, Inc.
Name: Peter Neumann
Position: Vice President
Address: 2085 Driver Lane
Address: Erie, CO 80516
E-mail: Pete@cpcconstructors.com
Phone: 970-530-0661
County: Weld County Public Works
Name: Clay Kimmi, P.E.
Position: Senior Engineer
Address: P.O. Box 758
Address: 1111 H Street,
Greeley, CO. 80632-758
E-mail: ckimmi@weldgov.com
Phone: 970-400-3741
19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
20. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use
other Contractors or persons to perform services of the same or similar nature.
21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both parties.
22. Fund Availability. Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
Execution of this Agreement by County does not create an obligation on the part of County to expend funds
not otherwise appropriated in each succeeding year.
23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement.
24. Survival of Termination. The obligations of the parties under this Agreement that by their nature
would continue beyond expiration or termination of this Agreement (including without limitation, the
warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such
expiration or termination.
25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of
the parties.
26. Governmental Immunity. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the
terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under
this Agreement shall be an incidental beneficiary only.
28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision
included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall
be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees
that it does not knowingly employ or contract with an illegal alien who will perform work under this
Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in the E -
Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-
102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to
undertake pre -employment screening or job applicants while this Agreement is being performed. If
Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly
employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three
(3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an
illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting
with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if
within three days the subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests
made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the State of Colorado program,
Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm
that Contractor has examined the legal work status of such employee, retained file copies of the documents,
and not altered or falsified the identification documents for such employees. Contractor shall deliver to
County, a written notarized affirmation that it has examined the legal work status of such employee and
shall comply with all the other requirements of the State of Colorado program. If Contractor fails to comply
with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this
Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential
damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor
receives federal or state funds under the contract, Contractor must confirm that any individual natural
person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-
76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates
as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United
States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one
of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the
forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000
annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies,
warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work
under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the
time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -
issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days.
The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence
to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would
create an undue burden that would substantially prevent the work from proceeding to completion. [This
section shall not apply to any project which is funded in whole or in part with federal funds, or where
otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this
section shall not apply if the Work is funded wholly or in part with federal funds.]
32. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of
attorney fees and/or legal costs incurred by or on its own behalf.
33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
[REST OF PAGE INTENTIONALLY LEFT BLANK]
Name: 7 fefy A4,,,u
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 bids or prior agreements, oral or written, and any other communications between the
parties relating to the subject matter of this Agreement.
CONTRACTOR
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Title: f/ pct fit I, Jew
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WELD T�
ATTEST:: .
Weld County Clerk to the Board
BY: t ' 0042/
Dep Jerk to the Board
&/S/I/
Date of Signature
BOARD OF COUNTY COMMISSIONERS
LD OUNTY, COLORADO
Moreno, Chair
NOV 1 5 2021
QOa1-.D9Co.
EXHIBIT A
REQUEST FOR BID
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
DATE: SEPTEMBER 15, 2021
BID NUMBER: B2100131
DESCRIPTION: DEMOLITION OF STORAGE BUILDING AT 38854 CR 37
MANDATORY PRE -BID MEETING DATE: SEPTEMBER 28, 9:00 A.M.
FINAL DATE FOR ASKING QUESTIONS: OCTOBER 11, 2021 AT 7 A.M.
FINAL DATE FOR FINAL ADDENDUM: OCTOBER 12, 2021 AT 5 P.M.
BID DEADLINE DATE: OCTOBER 14, 2021 AT 10 A.M.
BID OPENING CONFERENCE CALL: OCTOBER 14, 2021 AT 10:30 A.M.
ANTICIPATED BID PRESENTATION TO BOCC: OCTOBER 18, 2021
ANTICIPATED BID AWARD BY BOCC: NOVEMBER 1, 2021
ANTICIPATED NOTICE TO PROCEED: NOVEMBER 15, 2021
1. NOTICE TO BIDDERS:
The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing
Director (Weld County), wishes to purchase the following:
WAAG STORAGE BUILDING DEMOLITION PROJECT
A mandatory pre -bid meeting will be held at 38854 CR 37 Ault, CO at 9:00 a.m., on Tuesday,
September 28, 2021. Bidders must participate and record their presence at the pre -bid conference to be
allowed to submit bids.
Bids for the above stated merchandise, equipment, and/or services until: 10:00 A.M. on October 14,
2021 (Weld County Purchasing Time Clock). Due to COVID-19. instead of an "in -person" bid
opening. the submitted bids will be read over a Microsoft Teams Conference Call on October 14 at
10:30 A.M. (MDT). To join, call the phone number and enter the conference ID provided below.
PHONE NUMBER: (720) 439-5261
CONFERENCE ID: 239 143 721#
PAGES 1 -12 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE
REQUEST NUMBER REFERRED TO ABOVE. NOT ALL THE INFORMATION CONTAINED IN PAGES
1 -12 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW ON PAGE 13.
2. INVITATION TO BID:
Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services.
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. Merchandise and/or equipment shall be delivered to the location(s) specified
herein.
Bid information can be found on the BidNet Direct website at www.bidnetdirect.com. Weld County
Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is 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
Emailed bids are required. Bids may be emailed to: bids(a)_weldgov.com. Emailed bids must include the
following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will
be sent when we receive your bid/proposal. Bids shall be in PDF format and shall be less than 25MB in
size. Please call Purchasing at 970-336-7225 if there are any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department.
Each bid must give the full business address of bidder and be signed by him with his usual signature.
Bids by partnerships must furnish the full names of all partners and must be signed with the partnership
name by one of the members of the partnership or by an authorized representative, followed by the
signature and title of the person signing. Bids by corporations must be signed with the legal name of the
corporation, followed by the name of the state of the incorporation and by the signature and title of the
president, secretary, or other person authorized to bind it in the matter. The name of each person signing
shall also be typed or printed below the signature. A bid by a person who affixes to his signature the
word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid
of the individual signing. When requested by the Weld County Controller/Purchasing Director,
satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished.
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.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure
that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section
1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a
secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the
premature opening of a bid not properly addressed and identified.
Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing
Director; said request being received from the withdrawing bidder prior to the time fixed for award.
Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it
has been awarded.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give
preference to resident Weld County bidders in all cases where said bids are competitive in price and
quality. 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.
Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract
Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge
Construction (Specifications), Section 101 and the Weld County Revisions to Section 101 of the
Specifications.
The term "Contract Documents" shall mean the documents included but not limited to:
• Request for Bid
• Contractor's Response to the Bid
• All Addendums
• All Appendices
• All Exhibits
• Specifications and other referenced sources.
• Plans including detailed plans and standard plans
• Except as otherwise specified in the Contract Documents, or otherwise directed by the County,
references to standards, codes, or criteria shall mean the latest version in effect on the Proposal
Due Date.
Reference to "days" or "Days" contained in the Contract Documents shall mean "Calendar Days" unless
otherwise specified.
Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself
with the Work, the site where the Work is to be performed, local labor conditions and all local, state and
federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall
carefully correlate his observations with requirements of the Contract Documents and Drawings and
otherwise satisfy himself of the expense and difficulties attending performance of the Work. The
submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied
with every requirement of this paragraph.
Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers
ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall
make a request to the Engineer for an interpretation thereof. Interpretations will be made only by
Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract
Document holder of record. Unless approved by the Controller/Purchasing Director, no interpretation
Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder
shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by
duly issued Addenda.
In the Contract Documents, where appropriate:
• The singular includes the plural and vice versa;
• References to statutes or regulations include all statutory or regulatory provisions consolidating,
amending, or replacing the statute or regulation referred to;
• Words such as "herein," "hereof," and "hereunder" refer to the entire document in which they are
contained and not to any particular provision or section;
• Words not otherwise defined that have well-known technical or construction industry meanings
are used in accordance with such recognized meanings;
• References to Persons include their respective permitted successors and assigns and, in the
case of Governmental Persons, Persons succeeding to their respective functions and capacities;
and
• Words of any gender used herein include each other gender where appropriate.
Preparation of the Bid: 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. Bids by partnerships must be executed in the partnership name and
signed by a partner. His title must appear under his signature and the official address of the partnership
must be shown below the signature. Bids by corporations must be executed in the corporate name by the
president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and
the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate
address and state of incorporation shall be shown below the signature. Names of all persons signing
must be printed below their signatures. A power of attorney must accompany the signature of anyone not
otherwise authorized to bind the Bidder.
Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly
executed in the manner that a Bid must be executed and delivered to the place where Bids are to be
submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by
electronic communication at any time prior to the time set for receiving Bids provided the instruction is
positively identified. Any electronic modification should not reveal the amended Bid price, but should
provide only the addition, subtraction or modification. A duly executed document confirming the electronic
modification shall be submitted within three days after Bids are opened. The Controller/Purchasing
Director may at their sole discretion, release any Bid at any time.
4. AWARD AND EXECUTION OF CONTRACT
Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to
the lowest responsible Bidder whose Bid compares favorably upon evaluation with other Bids. Weld
County intends to award the Contract to the lowest responsible Bidder within the limits of funds available
and to best serve its interests. The County reserves the right to waive informalities and/or irregularities
and to reject any or all bids.
Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All
Contractors shall submit a list of all Subcontractors he/she expects to use in the Work with the Bid. The
use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be
required in the performance of the Work. All Contractors shall submit with their Bid a list of the suppliers
as indicated in the Bid Forms.
Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish a
Certificate of Insurance within five (5) calendar days of receipt of the Notice of Award. The Certificate of
Insurance shall name Weld County, Colorado, its elected officials, and its employees as
additionally insured. Failure to execute the contract and furnish the required paperwork within the time
frame mentioned above shall be just cause for the annulment of the Award and, in the event of such
annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for
other Bids. The County, within ten (10) days of receipt of signed Contract from the successful Bidder will
issue the Notice to Proceed.
In submitting the bid, the Contractor agrees that the signed bid submitted, all the documents of
the Request for Bid contained herein (including, but not limited to, product specifications and
scope of services), the successful Contractor's response, and the formal acceptance of the bid by
Weld County, together constitutes a contract, with the contract date being the date of formal
acceptance of the bid by Weld County. The County may require a separate contract, which if
required, has been made a part of this RFB.
5. INDIRECT COSTS
Governmental Fees: The cost of all construction licenses, building and other permits, and governmental
inspections required by public authorities for performing the Work, which are applicable at the time Bids
are opened and which are not specified to be obtained by the County, shall be included in the Bid price.
Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and
incorporated in the Work shall be included in the Bid price.
Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water,
sanitary, gas, telephone, and similar facilities and services required by him in performing the Work.
Cash Allowances: The Contractor shall include in his/her Bid such sums as he/she deems proper for
overhead costs and profits on account of cash allowances named in the Bid Documents.
6. SITE CONDITIONS
Familiarization with the Site: The prospective Contractor shall by careful examination, satisfy
himself/herself of the following:
• Nature and location of the site where the Work is to be performed.
• Character, quality, and quantity of surface and subsurface materials, water, structures and utilities
to be encountered.
• Character of construction equipment and facilities needed for performance of the Work.
• General local conditions.
• Availability of lands as set forth in the General Conditions.
Access to the Site: The Contractor shall carefully review the Drawings and the Project Special Conditions
for provisions concerning access to the site during performance of the Work. The Contractor shall
carefully review the locations of the site where the work is to be performed. The Contractor shall make all
arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to
beginning the work.
7. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under this
Agreement, through participation in the E -Verify program of the State of Colorado program established
pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify
with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado
program procedures to undertake pre -employment screening or job applicants while this Agreement is
being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor
and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing
or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall
not terminate the contract if within three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply
with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-
102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of
Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work
under the contract, affirm that Contractor has examined the legal work status of such employee, retained
file copies of the documents, and not altered or falsified the identification documents for such employees.
Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work
status of such employee and shall comply with all the other requirements of the State of Colorado
program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et
seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for
actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor
receives federal or state funds under the contract, Contractor must confirm that any individual natural
person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. §
24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor
operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of
the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall
produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce
one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the
contract.
8. GENERAL PROVISIONS
A. 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.
B. Confidential Information: Confidential information of Contractor should be transmitted separately
from non -confidential information, clearly denoting in red on the relevant document at the top the word,
"CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with
the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to
public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep
confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or
disclose any such confidential information to any other person or entity without seeking written permission
from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential
and proprietary nature of this confidential information and of the restrictions imposed by this Agreement.
C. Governmental Immunity: No term or condition of this Agreement shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
D. Independent Contractor: Contractor agrees that it is an independent contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to any
employee benefits (including unemployment insurance or workers' compensation benefits) from County
as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and
those of its agents and employees for all acts performed pursuant to this Agreement.
E. 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.
F. 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.
G. No Third -Party Beneficiary Enforcement: 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.
H. Attorney's Fees/Legal Costs: In the event of a dispute between County and Contractor, concerning
this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees
and/or legal costs incurred by or on its own behalf.
I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business
enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration
for an award.
J. Service or Work: Contractor agrees to procure the materials, equipment and/or products necessary
for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to
perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the
Work in accordance with the standards of professional care, skill, training, diligence and judgment
provided by highly competent Contractors performing construction services of a similar nature to those
described in this Agreement. Contractor shall further be responsible for the timely completion and
acknowledges that a failure to comply with the standards and requirements of Work within the time limits
prescribed by County may result in County's decision to withhold payment or to terminate this Agreement.
K. Term: The term of this Agreement begins upon the date of the mutual execution of this Agreement
and shall continue through and until Contractor's completion of the responsibilities described in the
attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State
of Colorado prohibit County from entering into Agreements which bind County for periods longer than one
year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole
discretion, the County, by the Director of the Department of Public Works or his or her designee, may
extend the time for the Contractor to complete the service or work, by not more than thirty (30) days.
Such extension shall not increase the compensation to be paid to the Contractor nor change any other
term herein.
L. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon
thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon
material breach of the other party, however the breaching party shall have fifteen (15) days after receiving
such notice to cure such breach. Upon termination, County shall take possession of all materials,
equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems
expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has
completed or partially completed under this Agreement, together with all other items, materials and
documents which have been paid for by County, and these items, materials and documents shall be the
property of County. Copies of work product that is incomplete at the time of termination shall be marked
"DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated
for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it
has submitted and which have been approved by the County; (2) the reasonable value to County of the
services which Contractor provided prior to the date of the termination notice, but which had not yet been
approved for payment; and (3) the cost of any work which the County approves in writing which it
determines is needed to accomplish an orderly termination of the work. County shall be entitled to the
use of all material generated pursuant to this Agreement upon termination. Upon termination of this
Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by
reason of such termination or by reason of any act incidental thereto, except for compensation for work
satisfactorily performed and/or materials described herein properly delivered.
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 Contractor shall be the basis for
additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has
been unjustly enriched by any additional services, whether or not there is in fact any such unjust
enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that
written authorization and acknowledgment by the County for such additional services is not timely
executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such
additional services shall be deemed waived and such failure shall result in non-payment for such
additional services or work performed. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or decrease in
the time required or the costs to the Contractor for performance, an equitable adjustment in fees and
completion time shall be negotiated between the parties and this Agreement shall be modified accordingly
by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to
performance of any work covered in the anticipated Change Order. Any change in work made without
such prior Change Order shall be deemed covered in the compensation and time provisions of this
Agreement.
N. Subcontractors: Contractor acknowledges that County has entered into this Agreement in reliance
upon the particular reputation and expertise of Contractor. Contractor shall not enter into any
subcontractor agreements for the completion of this Work without County's prior written consent, which
may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to
approve all personnel assigned to the Work during the performance of this Agreement and no personnel
to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor
shall require each subcontractor, as approved by County and to the extent of the Work to be performed
by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward
County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement
against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The
Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors.
O. Warranty: Contractor warrants that the Work performed under this Agreement will be performed in a
manner consistent with the professional construction standards governing such services and the
provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed
by qualified personnel in a professional manner, consistent with industry standards, and that all services
will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that
all work performed on this Project pursuant to this Agreement is subject to a warranty period during which
Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance.
This warranty shall commence on the date of County's final inspection and acceptance of the Project, and
shall continue for one year, or such greater time as specified in the attached Exhibits.
P. 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.
Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to
any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other
contractors or persons to perform services of the same or similar nature.
S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507:
The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any
personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement.
T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of execution within the original
intent of the parties.
U. Binding Arbitration Prohibited: The successful bidder understands and agrees that, if required by
the Scope of Work, the work shall be in compliance with the Davis -Bacon Wage Rates.
V. Board of County Commissioners of Weld County Approval: Weld County does not agree to
binding arbitration by any extra -judicial body or person. Any provision to the contrary in the contract or
incorporated herein by reference shall be null and void.
W. Compensation Amount: Upon the successful bidder's successful completion of the construction of
the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the
amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount
will be made by County unless a "change order" authorizing such additional payment has been
specifically approved by the Director of Weld County Public Works, 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 successful bidder hereunder and the successful bidder agrees
to be solely responsible for the accurate reporting and payment of any taxes related to payments made
pursuant to the terms of this Agreement.
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 terms of this Agreement. Contractor shall not be entitled to bill
at overtime and/or double time rates for work done outside of normal business hours unless specifically
authorized in writing by County.
9. INSURANCE REQUIREMENTS:
Contractor must secure, before the commencement of the Work, the following insurance covering all
operations, goods, and services provided pursuant to this Agreement, and shall keep the required
insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and
during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against
County.
a. Types of Insurance:
Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all
the Contractor's employees acting within the course and scope of their employment. The policy
shall contain a waiver of subrogation against the County. This requirement shall not apply when
a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when
such Contractor or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance including public liability and property damage covering all
operations required by the Work. Such policy shall include minimum limits as follows:
$1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed
operations aggregate; $1,000,000 Personal Advertising injury; and $5,000 Medical payment per
person. Medical operations coverage shall be provided for a minimum period of one (1) year
following final acceptance.
Automobile Liability: Contractor shall maintain limits of $1,000,000 for each accident combined
single limit 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.
Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall
become primary in the event the primary liability policy limits are impaired or exhausted. The
policy shall be written on an Occurrence form and shall be following form of the primary.
Pollution Liability. Weld County requires this coverage whenever work at issue under this
Contract involves potential pollution risk to the environment or losses caused by pollution
conditions that may arise from the operations of the Contractor described in the Exhibits. The
policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and
gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants,
contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made
basis, the Contractor warrants that any retroactive date applicable to coverage under the policy
precedes the effective date of this Contract; and that continuous coverage will be maintained or
an extended discovery period will be exercised for a period of three (3) years beginning from the
time that work under this contract is completed.
Minimum Limits:
Per Loss $
Aggregate $
1,000,000
1,000,000
For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a
claims -made policy, the retroactive date must be on or before the contract date or the first date
when any goods or services were provided to County, whichever is earlier.
b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other
proof of insurance as determined in County's sole discretion. Contractor shall provide a
certificate of insurance naming Weld County, Colorado, its elected officials, and its
employees as an additional named insured.
c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services
under this Agreement have or will have the above described insurance prior to the
commencement of the Work, or otherwise that they are covered by the Contractor's policies to
the minimum limits as required herein. Contractor agrees to provide proof of insurance for all
such subcontractors upon request by the County.
d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum
requirements, and these requirements do not decrease or limit the liability of Contractor. The
County in no way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the Work under by the
Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall
assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or
broader coverages. The Contractor is not relieved of any liability or other obligations assumed or
pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient
amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional
kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities
under this Agreement.
e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has
met the insurance requirements identified herein. The Contractor shall be responsible for the
professional quality, technical accuracy, and quantity of all services provided, the timely delivery
of said services, and the coordination of all services rendered by the Contractor and shall, without
additional compensation, promptly remedy and correct any errors, omissions, or other
deficiencies.
10. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims,
or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms
of this Agreement or on account of any act, claim or amount arising or recovered under workers'
compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances,
regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and
liable for any and all injuries or damage received or sustained by any person, persons, or property on
account of its performance under this Agreement or its failure to comply with the provisions of the
Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and
judgment costs where this contract of indemnity applies. In consideration of the award of this contract,
the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated
entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for
losses arising from the work performed by the Contractor for the County. A failure to comply with this
provision shall result in County's right to immediately terminate this Agreement.
BID PROPOSAL
To: Weld County Purchasing Department
Attention: Controller/Purchasing Director
P.O. Box 758, 1150 "O" Street
Greeley, Colorado 80632
Bid Proposal for: WAAG STORAGE BUILDING DEMOLITION PROJECT
PROPOSAL
Pursuant to and in full compliance with all Contract Documents the undersigned Bidder hereby proposes
to furnish all labor and materials and to perform all Work required for the complete and prompt execution
of everything described or shown in or reasonably implied from the Bidding Documents, including the
Drawings and Specifications, for the Work above indicated for the monies indicated below which includes
all State, County and local taxes normally payable with respect to such Work. The amounts stated
include all allowances for profit and overhead, taxes, fees and permits, transportation, services, tools and
equipment, labor and materials and other incidental costs.
The Bidder and all Sub -Bidders shall include in their bid al Sales and Use Tax, if applicable. State of
Colorado and Weld County tax shall not be included. Upon application, the State of Colorado
Department of Revenue shall issue to a Bidder or Sub -Bidder a Certificate or Certificates of Exemption
indicating that the purchase of construction or building materials is for a purpose stated in Section 39-26-
114, CRS, and is free from Colorado State Sales Tax.
EXAMINATION OF DOCUMENTS AND SITE
The Bidder has carefully examined the Bidding Documents, including the Drawings and Specifications,
and has examined the site of the Work, so as to fully appraise himself of the conditions at the site and to
gain a clear understanding of the Work to be executed and is thoroughly familiar with all local, state and
federal laws, ordinances, rules, regulations and other factors affecting performance of the Work.
PROPOSAL GUARANTEE
This Bid Proposal is accompanied by the required Bid Bond of five percent (5%) based upon the Total
Cost of all items required to be Bid. Weld County, Colorado is authorized to hold said Bid Bond for a
period of not more than sixty (60) days after the opening of the Bids for the Work indicated, unless the
undersigned Bidder is awarded the Contract within said period, in which event the Owner may retain said
Bid Bond until the undersigned Bidder has executed the required Agreement and furnished the required
Certificates of Insurance.
TIME OF COMPLETION
The Bidder agrees to make his best effort to complete the entire Project as soon as possible and within
the time specified in the Project Special Conditions after the issuance of the Notice to Proceed.
EXECUTION OF DOCUMENTS
The Bidder understands that if this Bid Proposal is accepted, the Bidder must execute the required
Agreement and furnish the required Insurance Certificates within ten (10) days from the date of Notice of
Award.
METHOD OF AWARD
The Owner reserves the right to reject any Bid from any Bidder to complete the Work as specified
regardless of the amount of the Bid.
It is understood by the Bidder, how Bids shall be awarded and that should the cost of the Bid exceed
budgeted funds, the Owner reserves the right to reject any or all Bids or portions of Work Bid or the use of
any of the methods stated in the Instructions to Bidders to obtain the most advantageous Bid price.
All bids will be reviewed by the Owner and Engineer. All mathematics will be checked and the correct
total used for determining the low bidder.
All bids shall be received by 10:00 a.m. (Purchasing Clock) on the due date.
SPECIFICATIONS:
This bid is for the demolition of a storage building located at 38854 County Road 37, Ault, CO.
This is a turn -key demolition project to remove the storage building, foundations, power, and stone
landscaping walls to facilitate the new reconstruction of the CR 80 and CR 37 intersection.
Demolition will include the following:
1. Demolition and removal of storage building and foundation.
2. Demolition and removal of adjacent site improvements including but not limited to stone
landscaping walls, concrete pads, cleanup of miscellaneous debris, etc.
3. Demolition materials are to be removed from site and disposed of in accordance with applicable
regulations.
4. Removal of electrical service. Locate, identify, disconnect and seal/cap off utilities serving the
buildings to be demolished. Disconnect, seal and cap the utilities in accordance will local codes.
5. Contractor shall coordinate with utility companies to disconnect and remove service connections.
6. Fees for permits through Weld County will be waived.
7. Storage or sale of removed items or materials on -site is not permitted
8. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory
requirements.
9. All hazardous materials (to include refrigerant) must properly be removed, evacuated, and
disposed of by contractor during demolition process. Refrigerant shall be removed, stored and
disposed of in accordance with regulations.
10. The remaining hole in the site pad shall be backfilled with clean fill acceptable to Weld County.
The level of the finished ground is to be level with pre -demolition grades. Backfilled hole shall be
backfilled in accordance with the attached specification. The Contractor shall provide compaction
testing results showing the backfilled hole was compacted in accordance with the specifications.
11. The building has been tested for Asbestos Containing Materials and no asbestos has been
discovered. See attached report.
12. Conduct building demolition and debris removal operations to ensure minimum interference with
roads and adjacent occupied facilities.
13. Contractor shall enter in to a contract (sample attached) with Weld County.
14. No weekend work is allowed without written consent of the County's project manager.
15. Anticipated project start date is November 15, 2021.
16. Anticipated project completion date is December 31, 2021.
PRICING:
TOTAL: $
FACILITY NAME AND LOCATION WHERE WASTE MATERIALS WILL BE DISPOSED:
RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings,
Specifications and other Contract Documents.
Addendum No. Date: By:
Addendum No. Date: By:
Contractor agrees to perform all Work described in the Contract Documents for the pricing as shown
above. Progress payments shall be based on a percentage of the Lump Sum price shown in the pricing
above which has been completed. The undersigned, by his/her signature, hereby acknowledges and
represents that:
1. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local
taxes.
2. Performance of each and every portion of the Work is included as part of the Contractor's Price. All
designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead, profit
and services relating to the Contractor's performance of its obligations under the Contract Documents
(including all Work, Warranties, equipment, materials, labor, and services provided by subcontractor
and intellectual property rights necessary to perform the Work) are included as part of the
Contractor's Price. All costs of compliance with and maintenance of the Governmental Approvals and
compliance with legal requirements are included as part of the Contractor's Price. The cost of
obtaining all Governmental Approvals (except for approvals which are the responsibility of the
County, as specifically provided elsewhere in the Contract Documents) is included as part of the
Contractor's Price. All fines, penalties, and damage payments to others as Contractor is obligated to
pay herein are include as part of the Contractor's Price.
3. Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with respect to the
Work and any equipment, materials, labor, or services included therein are included a part of the
Contractor's Price.
4. The Contractor's Price proposed herein meets all the conditions, specifications and special provisions
set forth in the request for proposal for Request No. #B2100131.
5. The signatory is authorized to bind the below -named contractor for the amount shown on the
accompanying bid tabulation.
6. The signed bid submitted, all the documents of the Request for Bid contained herein (including, but
not limited to, product specifications and scope of services), and the formal acceptance of the bid by
Weld County, together constitutes a contract, with the contract date being the date of formal
acceptance of the bid by Weld County.
7. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to
accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of
Weld County. The bid(s) may be awarded to more than one vendor.
FIRM: BY:
(Please print)
BUSINESS
ADDRESS:
DATE:
CITY, STATE, ZIP CODE:
TELEPHONE NO.: FAX: TAX ID #:
PRINTED NAME AND TITLE:
SIGNATURE:
E-MAIL:
**All bidders shall provide a W-9 with the submission of their bid. Failure to submit a W-9 shall result in
the bid not being accepted.**
You do not need to send back pages 1 through 12.
Weld County is exempt from Colorado sales taxes. The certificate of exemption number is #98-03551-
0000.
*BID BOND
PROJECT: WAAG STORAGE BUILDING DEMOLITION PROJECT
KNOW ALL MEN BY THESE PRESENTS, that we, as
Principal, hereinafter called the Principal, a [corporation,
partnership, or individual] duly authorized by law to do business in the State of Colorado, and
[Surety Company Name], a corporation duly authorized to do
surety business under the laws of the State of Colorado as Surety, hereinafter called the Surety, are
hereby held and firmly bound unto Weld County, Colorado as Obligee in the penal sum of
Dollars ($ ), lawful money of the
United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents.
WHEREAS, the Principal has submitted a Bid dated , 2021 for the WAAG
STORAGE BUILDING DEMOLITION PROJECT, and if selected as the Contractor on this Project, the
Principal and Surety are firmly bound and jointly and severally liable to the Owner in the penal sum
described above.
WHEREAS, the Owner has required as a condition for receiving said Bid that the principal deposit with
the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Bid
or in lieu thereof furnish a Bid Bond for said amount conditioned such that in the event of failure to
execute the proposed Contract for such construction if the Contract is to be awarded to him, that said
sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's
failure to perform.
The above obligation is void if the Principal enters into the Contract within sixty (60) days of selection of
the Principal, negotiates any final terms and conditions in good faith, and has furnished all required
documents for issuance of the Notice to Proceed, unless time is extended by Weld County.
IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this
day of ,2021 the name and corporate seal of each corporate party being hereto
affixed and these presents duly signed by its undersigned representative pursuant to authority of its
governing board.
Principal: Witness:
Signature: Printed Name:
Title:
ATTEST:
By:
Surety
Signature:
Title:
ATTEST:
By:
Witness:
Printed Name:
Form 11119
(Rev. August 2013)
Depatment of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.
Print or type
See Specific Instructions on page 2.
Name (as shown on your income tax return)
Business name/disregarded entity name, if different from above
Check appropriate box for federal tax classification:
❑ Individual/sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)
❑ Other (see instructions) ►
Trust/estate
►
Exemptions
Exempt payee
Exemption
code (rf any)
(see instructions):
code (if any)
from FATCA reporting
Address (number, street, and aptor suite no.)
Requester's name and address (optional)
City, state, and ZIP code
List account number(s) here (optional)
Part I
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line
to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Social security number
I Employer identification number
Part II
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me 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 on page 3.
Sign
Here
Signature of
US. person
Date ►
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. The IRS has created a page on IRS.gov for information
about Form W-9, at www.irs.gov/w9. Information about any future developments
affecting Form W-9 (such as legislation enacted after we release it) will be posted
on that page.
Purpose of Form
A person who is required to file an information return with the IRS must obtain your
correct taxpayer identification number (TIN) to report, for example, income paid to
you, payments made to you in settlement of payment card and third party network
transactions, real estate transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or contributions you made
to an IRA
Use Form W-9 only it you are a U.S. person (including a resident alien), to
provide your correct TIN to the person requesting it (the requester) and, when
applicable. to:
1. Certify that the TIN you are giving is correct (or you are waiting for a number
to be issued),
2. Certify that you are not subject to backup withholding, or
3, Claim exemption from backup withholding it you are a U.S. exempt payee. If
applicable, you are also certifying that as a U.S. person, your allocable share of
any partnership income from a LI.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that youare
exempt from the FATCA reporting, is correct.
Note. If you are a U.S. person and a requester gives you a form other than Form
W-9 to request your TIN, you must use the requester's form if it is substantially
similar to this Form W-9.
Definition of a U.S. person For federal tax purposes, you are considered a U.S.
person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or organized in the
United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or business in
the United States are generally required to pay a withholding tax under section
1446 on any foreign partners' share of effectively connected taxable income from
such business. Further, in certain cases where a Form W-9 has not been received,
the rules under section 1446 require a partnership to presume that a partner is a
foreign person, and pay the section 1446 withholding tax. Therefore, if you are a
U.S. person that is a partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to establish your U.S. status
and avoid section 1446 withholding on your share of partnership income.
Cat. No. 10231X Form W-9 (Rev. 8-2013)
**NOTICE OF AWARD
To:
Project Description: WAAG STORAGE BUILDING DEMOLITION PROJECT
The project in general consists of a turn -key demolition project to remove the house, shop, foundations,
septic system and leach field, asphalt and concrete pads, trees and vegetation, and other landscaping
materials to facilitate the new reconstruction of the CR 66 and CR 41 intersection.
The Owner has considered the Bid submitted by you for the above described Work in response to its
Invitation for Bids and Instructions to Bidders.
You are hereby notified that your Bid has been accepted in the amount of or as
shown in the Bid Schedule. You are required by the Instructions to Bidders to execute one original of the
Agreement and furnish the required Certificates of Insurance within five (5) calendar days from the date of
this Notice to you.
If you fail to execute said Agreement within five (5) days from the date of this Notice, said Owner will be
entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The
Owner will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this day of 2021
Weld County, Colorado, Owner
By:
Clay Kimmi, P.E., Senior Engineer
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by
(Contractor)
Dated this
day of , 2021
By: Title:
SAMPLE
AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY &
WAAG STORAGE BUILDING DEMOLITION PROJECT
THIS AGREEMENT is made and entered into this day of , 2021, by and
between the Board of Weld County Commissioners, on behalf of the Department of Public Works,
hereinafter referred to as "County," and , hereinafter referred to as
"Contractor".
WHEREAS, County desires to retain Contractor to perform construction services as required by
County and set forth in the attached Exhibits; and
WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to
perform the required construction services to provide the services according to the terms of this
Agreement; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time,
skill, expertise, and experience necessary to provide the equipment, materials and services as set forth
below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this document
and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein.
The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the
performance obligations of Contractor and Contractor's willingness and ability to meet those requirements
(the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the
terms of this Agreement shall control, and the remaining order of precedence shall be based upon order
of attachment.
Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2100131".
Exhibit B consists of Contractor's Response to County's Request for Bid.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Work and agrees to diligently provide all services, labor, personnel and materials
necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully
perform the Work in accordance with the standards of professional care, skill, training, diligence and
judgment provided by highly competent Contractors performing construction services of a similar nature
to those described in this Agreement. Contractor shall further be responsible for the timely completion
and acknowledges that a failure to comply with the standards and requirements of Work within the time
limits prescribed by County may result in County's decision to withhold payment or to terminate this
Agreement.
3. Term. The term of this Agreement begins upon the date of the mutual execution of this
Agreement and shall continue through and until Contractor's completion of the responsibilities described
in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the
State of Colorado prohibit County from entering into Agreements which bind County for periods longer
than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its
sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may
extend the time for the Contractor to complete the service or work, by not more than thirty (30) days.
Such extension shall not increase the compensation to be paid to the Contractor nor change any other
term herein.
4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience
u pon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement
u pon material breach of the other party, however the breaching party shall have fifteen (15) days after
receiving sucn notice to cure such breach. Upon termination, County shall take possession of all
materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method
it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has
completed or partially completed under this Agreement, together with all other items, materials and
documents which have been paid for by County, and these items, materials and documents shall be the
property of County. Copies of work product that is incomplete at the time of termination shall be marked
"DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated
for, and such compensation shall be limited to (1) the sum of the amounts contained in invoices which it
has submitted and which have been approved by the County; (2) the reasonable value to County of the
services which Contractor provided prior to the date of the termination notice, but which had not yet been
approved for payment; and (3) the cost of any work which the County approves in writing which it
determines is needed to accomplish an orderly termination of the work. County shall be entitled to the
u se of all material generated pursuant to this Agreement upon termination. Upon termination of this
Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by
reason of such termination or by reason of any act incidental thereto, except for compensation for work
satisfactorily performed and/or materials described herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by Contractor shall be the basis
for additional compensation unless and until Contractor has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has
been unjustly enriched by any additional services, whether or not there is in fact any such unjust
e nrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that
written author zation and acknowledgment by the County for such additional services is not timely
executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such
additional services shall be deemed waived and such failure shall result in non-payment for such
additional services or work performed. In the event the County shall require changes in the scope,
character, or complexity of the work to be performed, and said changes cause an increase or decrease in
the time required or the costs to the Contractor for performance, an equitable adjustment in fees and
completion time shall be negotiated between the parties and this Agreement shall be modified accordingly
by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to
performance of any work covered in the anticipated Change Order. Any change in work made without
such prior Change Order shall be deemed covered in the compensation and time provisions of this
Agreement.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and
County's acceptance of the same, County agrees to pay an amount not to exceed
as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by
County unless a Change Order authorizing such additional payment has been specifically approved by
Weld County. If, at any time during the term or after termination or expiration of this Agreement. County
reasonably determines that any payment made by County to Contractor was improper because the
service for which payment was made did not perform as set forth in this Agreement, then upon written
n otice of such determination and request for reimbursement from County, Contractor shall forthwith return
such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds
advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes
from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the
accurate reporting and payment of any taxes related to payments made pursuant to the terms of this
Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be
paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this
Agreement, County shall have no obligations under this Agreement after, nor shall any payments be
made to Contractor in respect of any period after December 31 of any year, without an appropriation
therefore by County in accordance with a budget adopted by the Board of County Commissioners in
$
compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law
(C R S 29-1-101 et seq ) and the TABOR Amendment (Colorado Constitution, Article X, Sec 20)
7 Independent Contractor Contractor agrees that it is an independent contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to any
employee benefits (including unemployment insurance or workers' compensation benefits) from County
as a result of the execution of this Agreement Contractor shall be solely responsible for its acts and
those of its agents and employees for all acts performed pursuant to this Agreement
8 Subcontractors Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor Contractor shall not enter into any
subcontractor agreements for the completion of this Work without County's prior written consent, which
may be withheld in County's sole discretion County shall have the right in its reasonable discretion to
approve all personnel assigned to the Work during the performance of this Agreement and no personnel
to whom County has an objection, in its reasonable discretion, shall be assigned to the Work Contractor
shall require each subcontractor, as approved by County and to the extent of the Work to be performed
by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward
County County shall have the nght (but not the obligation) to enforce the provisions of this Agreement
against any subcontractor hired by Contractor and Contractor shall cooperate in such process The
Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors
9 Ownership All work and information obtained by Contractor under this Agreement or individual
work order shall become or remain (as applicable), the property of County In addition, all reports, data,
plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all
reports, test results and all other tangible materials obtained and/or produced in connection with the
performance of this Agreement, whether or not such materials are in completed form, shall at all times be
considered the property of the County Contractor shall not make use of such material for purposes other
than in connection with this Agreement without prior written approval of County
10 Confidentiality Confidential information of Contractor should be transmitted separately from non -
confidential information, clearly denoting in red on the relevant document at the top the word,
"CONFIDENTIAL" However, Contractor is advised that as a public entity, Weld County must comply with
the provisions of the Colorado Open Records Act (CORA), C R S 24-72-201, et seq , with regard to
public records, and cannot guarantee the confidentiality of all documents Contractor agrees to keep
confidential all of County's confidential information Contractor agrees not to sell, assign, distribute, or
disclose any such confidential information to any other person or entity without seeking written permission
from the County Contractor agrees to advise its employees, agents, and consultants, of the confidential
and proprietary nature of this confidential information and of the restrictions imposed by this Agreement
11 Warranty Contractor warrants that the Work performed under this Agreement will be performed
in a manner consistent with the professional construction standards governing such services and the
provisions of this Agreement Contractor further represents and warrants that all Work shall be performed
by qualified personnel in a professional manner, consistent with industry standards, and that all services
will conform to applicable specifications In addition to the foregoing warranties, Contractor is aware that
all work performed on this Project pursuant to this Agreement is subject to a warranty period during which
Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance
This warranty shall commence on the date of County's final inspection and acceptance of the Project, and
shall continue for one year, or such greater time as specified in the attached Exhibits
12 Acceptance of Services Not a Waiver Upon completion of the Work, Contractor shall submit to
County originals of all test results, reports, etc , generated during completion of this work Acceptance by
County of reports, incidental matenal(s), and structures furnished under this Agreement shall not in any
way relieve Contractor of responsibility for the quality and accuracy of the construction of the project In
no event shall any action by County hereunder constitute or be construed to be a waiver by County of any
breach of this Agreement or default which may then exist on the part of Contractor, and County's action
or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy
available to County with respect to such breach or default No assent, expressed or implied, to any
breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or
taken to be a waiver of any other breach Acceptance by the County of, or payment for, the Work
completed under this Agreement shall not be construed as a waiver of any of the County's rights under
this Agreement or under the law generally
13 Insurance Contractor must secure, before the commencement of the Work, the following
insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall
keep the required insurance coverage in force at all times during the term of the Agreement, or any
extension thereof, and during any warranty period For all coverages, Contractor's insurer shall waive
subrogation rights against County
a Types of Insurance
Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all
the Contractor's employees acting within the course and scope of their employment The policy
shall contain a waiver of subrogation against the County This requirement shall not apply when
a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act , AND when
such Contractor or subcontractor executes the appropriate sole proprietor waiver form
Commercial General Liability Insurance including public liability and property damage covering all
operations required by the Work Such policy shall include minimum limits as follows
$1,000,000 each occurrence, $2,000,000 general aggregate, $2,000,000 products and completed
operations aggregate, $1,000,000 Personal Advertising injury, and $5,000 Medical payment per
person Medical operations coverage shall be provided for a minimum period of one (1) year
following final acceptance
Automobile Liability Contractor shall maintain limits of $1,000,000 for each accident combined
single limit 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
Umbrella or Excess Liability Insurance Contractor shall maintain limits of $1,000,000 and shall
become primary in the event the primary liability policy limits are impaired or exhausted The
policy shall be written on an Occurrence form and shall be following form of the primary
Pollution Liability Weld County requires this coverage whenever work at issue under this
Contract involves potential pollution risk to the environment or losses caused by pollution
conditions that may arise from the operations of the Contractor described in the Exhibits The
policy shall cover the Contractor's completed operations Coverage shall apply to sudden and
gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants,
contaminants, or pollutants (including asbestos) If the coverage is written on a claims -made
basis, the Contractor warrants that any retroactive date applicable to coverage under the policy
precedes the effective date of this Contract, and that continuous coverage will be maintained or
an extended discovery period will be exercised for a period of three (3) years beginning from the
time that work under this contract is completed
Minimum Limits
Per Loss $
Aggregate $
1,000,000
1,000,000
For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a
claims -made policy, the retroactive date must be on or before the contract date or the first date
when any goods or services were provided to County, whichever is earlier
b Proof of Insurance Contractor shall provide to County a certificate of insurance, a policy, or other
proof of insurance as determined in County's sole discretion Contractor shall provide a
certificate of insurance naming Weld County, Colorado, its elected officials, and its
employees as an additional named insured
c Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services
under this Agreement have or will have the above described insurance prior to the
commencement of the Work, or otherwise that they are covered by the Contractor's policies to
the minimum limits as required herein Contractor agrees to provide proof of insurance for all
such subcontractors upon request by the County
d No limitation of Liability The insurance coverages specified in this Agreement are the minimum
requirements, and these requirements do not decrease or limit the liability of Contractor The
County in no way warrants that the minimum limits contained herein are sufficient to protect the
Contractor from liabilities that might arise out of the performance of the Work under by the
Contractor, its agents, representatives, employees, or subcontractors The Contractor shall
assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or
broader coverages The Contractor is not relieved of any liability or other obligations assumed or
pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient
amounts, duration, or types The Contractor shall maintain, at its own expense, any additional
kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities
under this Agreement
e Certification of Compliance with Insurance Requirements The Contractor stipulates that it has
met the insurance requirements identified herein The Contractor shall be responsible for the
professional quality, technical accuracy, and quantity of all services provided, the timely delivery
of said services, and the coordination of all services rendered by the Contractor and shall, without
additional compensation, promptly remedy and correct any errors, omissions, or other
deficiencies
14 Indemnity The Contractor shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims,
or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms
of this Agreement or on account of any act, claim or amount arising or recovered under workers'
compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances,
regulation, judicial decision, or other law or court decree The Contractor shall be fully responsible and
liable for any and all injuries or damage received or sustained by any person, persons, or property on
account of its performance under this Agreement or its failure to comply with the provisions of the
Agreement It is agreed that the Contractor will be responsible for primary loss investigation, defense and
judgment costs where this contract of indemnity applies In consideration of the award of this contract,
the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated
entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for
losses arising from the work performed by the Contractor for the County A failure to comply with this
provision shall result in County's right to immediately terminate this Agreement
15 Non -Assignment Contractor may not assign or transfer this Agreement or any interest therein or
claim thereunder, without the prior written approval of County Any attempts by Contractor to assign or
transfer its rights hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of Contractor hereunder Such consent may be
granted or denied at the sole and absolute discretion of County
16 Examination of Records To the extent required by law, the Contractor agrees that any duly
authorized representative of County, including the County Auditor, shall have access to and the right to
examine and audit any books, documents, papers and records of Contractor, involving all matters and/or
transactions related to this Agreement The Contractor agrees to maintain these documents for three
years from the date of the last payment received
17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to
any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
18. Notices. County may designate, prior to commencement of work, its project representative
("County Representative") who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change orders,
and other clarification or instruction shall be directed to County Representative. All notices or other
communications made by one party to the other concerning the terms and conditions of this contract shall
be deemed delivered under the following circumstances:
a) personal service by a reputable courier service requiring signature for receipt; or
b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to
a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
Either party may change its notice address(es) by written notice to the other. Notice shall be sent to:
Contractor:
Name:
Position:
Address:
Address:
E-mail:
Phone:
County: Weld County Public Works
Name: Clay Kimmi, P.E.
Position: Senior Engineer
Address: P.O. Box 758
Address: 1111 H Street,
Greeley, CO. 80632-758
E-mail: ckimmi@weldgov.com
Phone: 970-400-3741
19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established, including without limitation.. laws applicable to
discrimination and unfair employment practices.
20. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use
other Contractors or persons to perform services of the same or similar nature.
21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by both parties.
22. Fund Availability. Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available.
Execution of this Agreement by County does not create an obligation on the part of County to expend
funds not otherwise appropriated in each succeeding year.
23 Employee Financial Interest/Conflict of Interest — C R S §§24-18-201 et seq and §24-50-
507 The signatories to this Agreement agree that to their knowledge, no employee of Weld County has
any personal or beneficial interest whatsoever in the service or property which is the subject matter of this
Agreement
24 Survival of Termination The obligations of the parties under this Agreement that by their
nature would continue beyond expiration or termination of this Agreement (including without limitation, the
warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such
expiration or termination
25 Severability If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of execution within the original
intent of the parties
26 Governmental Immunity No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq , as applicable now or
hereafter amended
27 No Third -Party Beneficiary It is expressly understood and agreed that the enforcement of the
terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or
right of action whatsoever by any other person not included in this Agreement It is the express intention
of the undersigned parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only
28 Board of County Commissioners of Weld County Approval This Agreement shall not be
valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee
29 Choice of Law/Jurisdiction Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void In the event of a legal dispute between the parties, Contractor agrees
that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute
30 Public Contracts for Services C R S §8-17 5-101 Contractor certifies, warrants, and agrees
that it does not knowingly employ or contract with an illegal alien who will perform work under this
Agreement Contractor will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in the E -
Verify program of the State of Colorado program established pursuant to C R S §8-17 5-102(5)(c)
Contractor shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement Contractor shall not use E -Verify Program or State of Colorado program procedures to
undertake pre -employment screening or job applicants while this Agreement is being performed If
Contractor obtains actual knowledge that a subcontractor performing work under this Agreement
knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County
within three (3) days that Contractor has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3) days of receiving notice Contractor shall
not terminate the contract if within three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien Contractor shall comply
with reasonable requests made in the course of an investigation, undertaken pursuant to C R S §8-17 5-
102(5), by the Colorado Department of Labor and Employment If Contractor participates in the State of
Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work
under the contract, affirm that Contractor has examined the legal work status of such employee, retained
file copies of the documents, and not altered or falsified the identification documents for such employees
Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work
status of such employee and shall comply with all the other requirements of the State of Colorado
program If Contractor fails to comply with any requirement of this provision or of C R S §8-17 5-101 et
seq , County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for
actual and consequential damages
Except where exempted by federal law and except as provided in C R S § 24-76 5-103(3), if Contractor
receives federal or state funds under the contract, Contractor must confirm that any individual natural
person eighteen (18) years of age or older is lawfully present in the United States pursuant to C R S §
24-76 5-103(4), if such individual applies for public benefits provided under the contract If Contractor
operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of
the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall
produce one of the forms of identification required by C R S § 24-76 5-101, et seq , and (c) shall produce
one of the forms of identification required by C R S § 24-76 5-103 prior to the effective date of the
contract
31 Public Contracts for Services C R S §8-17-101 For public contracts in excess of $500,000
annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies,
warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work
under this Contract "Colorado labor" means any person who is a resident of the state of Colorado at the
time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -
issued photo identification, or documentation that he or she has resided in Colorado for the last thirty
days The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable
evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement
would create an undue burden that would substantially prevent the work from proceeding to completion
[This section shall not apply to any project which is funded in whole or in part with federal funds, or where
otherwise contrary to federal law In accordance with C R S §8-17-107 and 2 C F R §200 319(c), this
section shall not apply if the Work is funded wholly or in part with federal funds]
32 Attorney's Fees/Legal Costs In the event of a dispute between County and Contractor,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of
attorney fees and/or legal costs incurred by or on its own behalf
33 Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any extra-
judicial body or person Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void
[REST OF PAGE INTENTIONALLY LEFT BLANK]
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 bids or prior agreements, oral or written, and any other communications between the
parties relating to the subject matter of this Agreement.
CONTRACTOR:
By:
Name:
Title:
WELD COUNTY:
ATTEST:
Date of Signature
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board Steve Moreno, Chair
NOTICE TO PROCEED
To: Date:
PROJECT: WAAG STORAGE BUILDING DEMOLITION PROJECT described in the Invitation for Bids,
Bid No. B2100131.
You are hereby notified to commence Work in accordance with the Agreement dated . The
date of completion of all Work is, therefore
Clay Kimmi, P.E., Senior Engineer
Weld County, Colorado, Owner
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed
is hereby acknowledged by:
(Contractor)
Dated this day of , 2021.
By
Title
CHANGE ORDER NO. (EXAMPLE)
Date:
PROJECT: WAAG STORAGE BUILDING DEMOLITION PROJECT described in the Invitation for Bids,
Bid No. B2100131.
Owner: Weld County, Colorado
Contractor:
The following change is hereby made to the Contract Documents:
CHANGE TO CONTRACT PRICE:
Original Contract Price:
Current Contract Price adjusted by previous Change Order:
The Contract Price due to this Change Order will be increased by:
The New Contract Price, including this Change Order, will be:
CHANGE TO CONTRACT TIME:
The Contract Time will be increased by calendar days.
The date for completion of all Work will be
RECOMMENDED:
Owner Representative: Date:
Clay Kimmi, P.E. (Senior Engineer)
APPROVALS:
CONTRACTOR:
Name: Date:
Title:
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
BY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Deputy Clerk to the Board Chairperson
CERTIFICATE OF SUBSTANTIAL COMPLETION
Contractor:
Contract For: WAAG STORAGE BUILDING DEMOLITION PROJECT described in the Invitation for Bids,
Bid No. B2100131.
Contract Dated:
This Certificate of Substantial Completion applies to all Work that has been sufficiently completed in
accordance with the Contract Documents and as modified by any change orders agreed to by the parties,
so that the County and/or Owner can utilize the project for the use for which it was intended, except for
the following specified parts thereof:
The Work to which this Certificate applies has been inspected by authorized representatives of the
Owner, Contractor and Engineer, and that Work is hereby declared to be substantially complete in
accordance with the Contract Documents on
Date of Substantial Completion
A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the
failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in
accordance with the Contract Documents. The items in the list shall be completed or corrected by the
Contractor within days of the above date of Substantial Completion.
To be effective, this form must be signed by the Owner, the Engineer, and the Contractor.
Owner: Date:
Engineer: Date:
Contractor: Date:
LIEN WAIVER (GENERAL CONTRACTOR)
TO: Weld County Public Works
Attn: Clay Kimmi, P.E., Senior Engineer
P.O. Box 758
Greeley, Colorado 80632
To Whom It May Concern:
For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and
sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to
its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for
material heretofore furnished for use in and for labor heretofore performed upon the construction,
alteration, addition to or repair of the structures or improvements described in the Contract Documents
as:
PROJECT: WAAG STORAGE BUILDING DEMOLITION PROJECT described in the Invitation for Bids,
Bid No. B2100131.
Contractor:
(If no legal description is shown following the description of Project, we acknowledge that the foregoing is
an adequate description of the real properties and improvements inasmuch as the foregoing is the
description given in the Contract Documents which govern the performance of the Work for which
consideration has been received.)
In executing this release, we certify that all claims for labor, or materials, or both, furnished or performed
on our behalf by our material suppliers or subcontractors have been paid or that satisfactory arrangement
for payment has been made.
We agree to defend Weld County from any and all claims on the part of our material suppliers, laborers,
employees, servants and agents or subcontractors arising from our Work on the Project, and we further
agree to reimburse the Board of County Commissioners of Weld County for any and all costs, including
reasonable attorney fees, which they may incur as a result of such claims.
Contractor
By:
Title:
Date:
STATE OF
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this
by
My commission expires:
Notary Public
day of , 2021,
LIEN WAIVER (SUBCONTRACTORS)
PROJECT: WAAG STORAGE BUILDING DEMOLITION PROJECT
To All Whom It May Concern:
WHEREAS, the undersigned has been employed by (A)
to furnish labor and materials for (B)
work, under a contract (C)
for the improvement of the premises described as (D)
County of , State of
of which
is the Owner.
NOW, THEREFORE, this day of , 2021, for and in
consideration of the sum of (E) Dollars paid simultaneously
herewith, the receipt whereof is hereby acknowledged by the undersigned, the undersigned does hereby
waive and release any lien rights to, or claim of lien with respect to and on said above described
premises, and the improvements thereon, and on the monies or other considerations due or to become
due from the Owner, on account of labor, services, material, fixtures, apparatus or machinery heretofore
or which may hereafter be furnished by the undersigned to or for the above described premises by virtue
of said contract.
(F) (SEAL)
(Name of sole ownership, corporation or partnership)
(Affix Corporate seal here)
(SEAL)
(Signature of Authorized Representative)
Title:
INSTRUCTIONS FOR FINAL WAIVER
(A) Person or firm with whom you agreed to furnish either labor, or services, or materials, or both.
(B) Fill in nature and extent of work; strike the word labor or the word materials if not in your contract.
(C) If you have more than one contract on the same premises, describe the contract by number if
available, date and extent of work.
(D) Furnish an accurate enough description of the improvement and location of the premises so that
it can be distinguished from any other property.
(E) Amount shown should be the amount actually received and equal to total amount of contract as
adjusted.
(F) If waiver is for a corporation, corporate name should be used, corporate seal affixed and title of
officer signing waiver should be set forth; if waiver is for a partnership, the partnership name
should be used, partner should sign and designate himself as partner.
NOTICE OF FINAL ACCEPTANCE
TO: Date:
RE: PROJECT: WAAG STORAGE BUILDING DEMOLITION PROJECT described in Bid No. B2100131.
This is to inform you that the above referenced job, has been satisfactorily completed in accordance with
the Contract
Documents and is hereby accepted. Final payment will be made on or about
Final acceptance does not relieve the Contractor of the minimum one (1) year guarantee on all
work and materials incorporated into this Project. Such guarantee shall begin on the date of this
acceptance.
By:
Clay Kimmi, P.E., Senior Engineer
Weld County, Colorado, Owner
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by:
Dated this day of
By
(Contractor)
Title
2021.
WELD COUNTY SPECIFICATIONS INDEX
Pages
Notice to Bidders
35
Commencement and Completion of Work
36
Utilities Coordination
37
Backfill
38-39
1
WELD COUNTY NOTICE TO BIDDERS
The bid guaranty shall be a certified check, cashier's check, or bid bond in the amount of 5 percent of the
Contractor's total bid.
It is recommended that bidders on this project review the work site and plan details with an authorized
Department representative. Prospective bidders shall contact one of the following listed authorized Department
representatives at least 24 hours in advance of the time they wish to go over the project.
Information regarding the project may be obtained from the following authorized representatives.
Clay Kimmi, P.E. Senior Engineer
Weld County Public Works Department
1111 H Street
Greeley, CO 80632
Office Phone: 970-400-3741
ckimmi c(D.weldgov.com
Don Dunker, P.E. County Engineer
Weld County Public Works Department
1111 H Street
Greeley, CO 80632
Office Phone: 970-400-3749
ddunker c(D.weldgov.com
The above referenced individuals are the only representatives with authority to provide any information,
clarification, or interpretation regarding the plans, specifications, and any other contract documents or
requirements.
A mandatory pre -bid meeting will be held on September 28, 2021 beginning at 9:00 a.m. at 38854 CR 37,
Greeley, Colorado.
Bids will be accepted only from pre -qualified bidders who attend the mandatory pre -bid conference.
Questions received from bidders along with Weld County responses will be posted on the BidNet Direct website
as they become available.
If the bidder has a question or requests clarification that involves the bidder's innovative or proprietary means and
methods, phasing, scheduling, or other aspects of construction of the project, the Project Engineer will address
the question or clarification. The Engineer will keep the bidder's innovation confidential and will not share this
information with other bidders.
The Engineer will determine whether questions are innovative or proprietary in nature. If the Engineer determines
that a question does not warrant confidentiality, the bidder may withdraw the question. If the bidder withdraws the
question, the Engineer will not answer the question and the question will not be documented on the website. If
the bidder does not withdraw the question, the question will be answered, and both the question and answer will
be posted on the website. If the Engineer agrees that a question warrants confidentiality, the Engineer will
answer the question, and keep both question and answer confidential. Weld County will keep a record of both
question and answer in their confidential file.
All questions shall be directed to the contacts listed above no later than 7:00 A.M. Monday of the week of bid
opening. Final questions and answers will be posted no later than 5:00 P.M. Tuesday of the week of bid opening.
END OF SECTION
1
WELD COUNTY COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract as required in the "Notice to Proceed" letter and will
complete all work by December 31, 2021 unless the period for completion is extended otherwise by the County.
The work is a completion date contract. One calendar day of contract time will be assessed for each calendar day
from the date that Contract time starts excluding Saturdays, Sundays, and holidays (except with written approval).
No weather days or less than full time charges days will be granted in this contract.
END OF SECTION
1
UTILITIES COORDINATION
The work described in these plans and specifications requires coordination between the Contractor and the utility
companies in conducting their respective operations as necessary to complete the utility work with minimum delay
to the project.
The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or
grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at
least two (2) business days, not including the day of notification, prior to commencing such operations. The
Contractor shall contact the Utility Notification Center of Colorado (UNCC) at 1-800-922-1987 to have locations of
UNCC registered lines marked by member companies. All other underground facilities shall be located by
contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or
grading.
Known utilities within the limits of this project are:
UTILITY
Xcel Energy
Century Link
North Weld County
Water District
CONTACT
Builder's Call Line
Jody Meyers
Jared Rauch
PHONE
800-628-2121
303-847-3731
970-356-3020
EMAIL
BCLCO@xcelenergy.com
jody.meyers@lumen.com
jaredrna.nwcwd.orq
The Contractor shall verify the location of all utilities, underground pipelines, agricultural irrigation lines, etc. prior
to the start of any digging using non-destructive methods to verify utility clearances.
All costs are incidental to the foregoing requirements will not be paid for separately but shall be included in the
work. No monetary compensation will be made to the Contractor for delays or any other issues related to utility
conflicts.
END OF SECTION
1
BACKFILL
01 Description. This work consists of excavation, hauling, disposal, placement, and compaction of all material
encountered within the limits of the work, including backfilling of the foundation, and any other holes left as a
result of the demolition work.
02 Backfill Material. Backfill material shall consist of approved material acquired from excavations or borrow
pits and hauled and placed in the holes to be backfilled. Approval of backfill material is contingent on the
material meeting the gradation specifications required for the backfilled holes to meet 95% compaction and to
be stable.
Backfill material shall be classified into one of the material groups listed below and placed and compacted in
accordance with the appropriate methods specified below in the Backfill Placement and Compaction
Requirements. If any material does not meet the criteria for one of the following classifications, it shall be
processed on site to meet the requirements for one of the material groups listed below or disposed of at the
Contractor's expense.
(1) Soil Backfill: Soil backfill shall have all particle sizes less than 6 inches. The material shall be placed and
compacted in accordance with the Backfill Placement and Compaction Requirements outlined below.
(2) Rock Fill: Rock fill shall meet all of the following requirements:
(i) The maximum dimension of any particle shall not exceed 24 inches.
(ii) The material shall be well -graded as determined on visual inspection.
(iii) The material shall contain less than 20 percent by volume of material passing the No. 200 sieve
based on visual inspection.
(iv) Rock fill can be placed without moisture density control as described below in the Backfill Placement
and Compaction Requirements.
(v) If recycled concrete or asphalt are to be incorporated into embankment fill, the maximum dimension
permitted for concrete is 24 inches and the maximum dimension permitted for asphalt is 12 inches.
03 General Backfill Construction Requirements. The Contractor shall notify the Engineer at least five working
days prior to beginning backfill operations. The Contractor shall use extreme caution during this work. All
damage to existing utility lines or adjacent facilities shall be repaired promptly at the Contractor's expense.
When Contractor Process Control is required, the Contractor's Process Control Representative shall be
certified with Western Alliance for Quality Transportation Construction (WAQTC) Embankment and Base
Testing.
Backfill construction shall include preparation of the areas upon which backfill is to be placed and placing and
compacting approved material within the holes, pits, and other depressions within the project area. Only
approved materials shall be used in the construction of the backfill. All sod, vegetable and other organic
matter, stumps, and roots shall be removed from the surface upon which the backfill is to be placed.
Backfill shall not be placed within standing water. During the construction of the backfill, the top surface shall
be maintained so that it is well drained at all times.
Frozen materials shall not be used in the backfill. Frozen material will be identified by the visual observation
of ice crystals within the foundation or backfill material, or by measuring the temperature of the ground
surface.
04 Backfill Placement and Compaction Requirements. Materials incorporated into the backfill shall be placed
and compacted according to the following requirements:
(a) Soil Backfill. All soil backfill shall be placed in horizontal layers not to exceed 8 inches in loose lift
thickness. Each layer shall be compacted prior to the placement of subsequent layers. Spreading
equipment shall be used to obtain uniform thickness prior to compaction. As the compaction progresses,
continuous mixing, leveling, and manipulating shall be done to assure uniform moisture and density.
2
BACKFILL
(b) Additional work involved in drying soil backfill to the required moisture content shall be included in the
contract price paid for excavating or furnishing the material with no additional compensation.
Soil backfill materials shall be compacted at ± 2 percent of Optimum Moisture Content (OMC) and to at
least 95 percent of maximum dry density. All other soil types shall be compacted to 95 percent of the
maximum dry density. Stability is defined as the absence of rutting or pumping as observed and
documented by the Contractor's Process Control Representative and as approved by the Engineer. If the
soils cannot be compacted and prove to be unstable at a moisture content equal to or above OMC, then
the required moisture content for compaction may be reduced below OMC if approved by the Engineer.
Placement, moisture conditioning, and compaction of every lift of soil backfill shall be observed by the
Contractor's Process Control Representative and accepted by the Engineer. Adequate compaction of
each lift shall be demonstrated as the absence of rutting, pumping, or deflection as construction
equipment is routed over a lift following the compactive efforts. The Engineer may request a proof roll at
any time to document the condition of a lift.
Significant changes in the material being hauled for soil backfill will require a demonstration of adequate
compaction methods using a proof roll.
(c) Rock Backfill. Rock backfill shall be placed in horizontal layers not to exceed a loose lift thickness
equivalent to the average particle size up to a maximum permitted lift thickness of 18 inches. Particles
with a maximum dimension of 24 inches are permitted; however, rocks larger than the lift thickness shall
be separated enough to allow compaction equipment to operate in between. Material shall be placed to
fill in voids between larger stones with finer particle sizes and to avoid nesting. Spreading equipment
shall be used to obtain uniform thickness prior to compaction. If the use of leveling equipment is not
practical, the Engineer may permit rock backfill material to be cast or end dumped. In such cases
sufficient hand or machine work will be required to construct a compact, stable fill and to finish the slopes
to a neat and smooth appearance. Rock backfill shall not be placed within 2 feet of the final subgrade
elevation.
The Contractor shall determine the moisture conditioning necessary to achieve compaction for rock
backfill. Vibratory or compression -type rollers shall be used to compact these materials. At a minimum,
compression -type rollers weighing 20 tons shall complete 4 passes over the entire width of a lift at a
speed not to exceed 3 miles per hour. Vibratory rollers shall exert a minimum dynamic force of 30,000
pounds of impact per vibration and achieve a minimum 1,000 vibrations per minute. Vibratory rollers shall
complete a minimum of 4 passes over the entire width of a lift at a speed not to exceed 1.5 miles per
hour.
(d) Use of Recycled Concrete and Asphalt. Recycled concrete and asphalt may be incorporated into backfill
material, and shall be processed, placed, and compacted in accordance with processes listed above.
Recycled concrete or asphalt shall not be placed in the upper 2 feet of the final subgrade elevation or
within 2 feet of the final finished side slopes. Recycled concrete with rebar in it cannot be used in the
backfill.
08 Basis of Payment for Backfill. The backfill will not be measured and paid for separately but shall be
considered incidental to the demolition of the structures.
&anyan £nvIronmenttil54 Main St Suite 218 Windsor, CO 80550
970.222.6849 banyanenv@gmailcom
Asbestos Inspection and Sampling Report
38854 County Road 37 Eaton, CO
Presented To:
Weld County Public Works
1111 H St
PO Box 758
Greeley, CO 80632-0758
Performed & Prepared By:
Andy Dunnell
Banyan Environmental
1540 Main St. Suite 218
Windsor, CO 80550
970.222.6849
Project Details:
Project Number: B6941
Conducted: August 27, 2021
TABLE OF CONTENTS
PROJECT OVERVIEW
1.0 Introduction
2.0 Scope of Work
3.0 Site Description
4.0 Certifications
5.0 Inspection, Sampling & Analytical Procedures
5.1 Inspection Procedures
5.2 Sampling Procedures
5.3 Analytical Procedures
6.0 Homogeneous Areas
6.1 Material Friability
6.2 Material Classifications
6.3 Material Conditions
6.4 Sample Quantities
7.0 Overview of Findings
8.0 Findings & Recommendations
9.0 Asbestos Abatement & Demolition Requirements
10.0 Disclaimer & Limitations
PROJECT OVERVIEW
1.0 Introduction
On August 27, 2021, Andy Dunnell with Banyan Environmental conducted a full asbestos inspection and
collected asbestos bulk -samples of suspect asbestos -containing materials (ACM) within the outbuilding
located at 38854 County Road 37 Eaton, Colorado.
The purpose of the full inspection was to identify and sample potentially hazardous friable and non -friable
ACM that may be impacted by subsequent demolition activities.
2.0 Scope of Work
The scope of the full inspection and bulk -sampling was not limited to specific areas of the garage defined by
the construction company. These areas included all accessible areas inside and outside. The remaining
areas within the property, house or any out -building on the property were not included in the scope of the
inspection. The full asbestos inspection did constitute a full building inspection and does fulfill the asbestos
inspection requirements for structures that are to be demolished.
3.0 Site Description
The building is a wood and concrete, single story garage.
4.0 Certifications
The full asbestos inspection and bulk -sampling was conducted by Andy Dunnell with Banyan
Environmental is a Colorado Department of Public Health and Environment (CDPHE) certified Asbestos
Consulting Firm, Registration No. 16780. Mr. Dunnell is a CDPHE certified Building Inspector; having
certification number 15895.
5.0 Inspection, Sampling & Analytical Procedures
5.1 Inspection Procedures
The full asbestos inspection was conducted by an Environmental Protection Agency (EPA) and CDPHE
certified Building Inspector. The inspection procedures included identifying and sampling suspect ACM
within the pre -defined areas, submitting samples to an accredited laboratory for analysis, classifying the
materials and assessing their condition, and compiling a final report detailing the inspection and the
analytical results of the bulk -samples.
5.2 Sampling Procedures
Statistically random bulk -samples representative of the suspect ACM of each homogeneous area were
collected according to the guidelines published as EPA Final Rule: Title II of the Toxic Substances Control
Act (TSCA), 15 USC, Sections 2641 through 2654 and in compliance with 40 CFR, Part 763 and CDPHE
Regulation Number 8, Part B- Asbestos (Reg. 8).
Banyan Environmental has collected the appropriate number of bulk -samples to meet all regulatory
requirements for the classification and quantity of each homogeneous area. Some minor destructive
sampling was conducted; however, walls, columns and perimeter pipe chases were not broken into in
order to locate and quantify suspect ACM Banyan is not responsible for repairing the damage from
collecting bulk samples It should be noted that additional ACM might be located in these and other
inaccessible areas
Materials containing less than 1% asbestos are not regulated by CDPHE Regulation 8, Part B - Asbestos
However, all demolition/abatement activities should be performed following the applicable Occupational
Safety and Health Administration (OSHA) regulations This would include, but not limited to, the
appropriate asbestos training for the type of material being removed/disturbed as well as having a
properly trained supervisor onsite, using wet removal methods, wearing adequate personal protective
equipment (HEPA-filtered particulate respirators), medical surveillance of workers, personal -exposure air
monitoring, area air monitoring in occupied buildings, etc There may also be landfill disposal requirements
for these materials, depending on the facility Banyan recommends that all demolition/renovation areas
involving any amount of asbestos be subjected to visual inspections and a final clearance air testing by a
CDPHE-certified Air Monitoring Specialist (AMS) after the work has been completed, but before any
containments are dismantled and the area is reoccupied
5.3 Analytical Procedures
All asbestos bulk -samples were analyzed by a National Voluntary Laboratory Accreditation Program
(NVLAP) accredited laboratory via Polanzed Light Microscopy (PLM) for asbestos content (see Appendix B
for laboratory report)
6.0 Homogeneous Areas
A Homogeneous Area (HA) includes materials that are uniform in appearance, color, texture and date of
application The asbestos content of the bulk -samples collected within a homogeneous area can be applied
to the entire homogenous area if they conform to the above characteristics and the regulated minimum
sample quantities of each type of material are collected and analyzed
6.1 Material Friability
A material can either be friable or non friable A friable material is one that, when dry, can be pulverized, or
reduced to powder by hand pressure, a non -friable material cannot A non -friable material may become
friable if its condition had deteriorated or has been impacted by forces that have rendered it friable
6.2 Material Classifications
Sampled materials are divided into one of the following three categories
• Surfacing Material sprayed or troweled onto structural building members
• Thermal System Insulation (TSI) any type of pipe, boiler, tank, or duct insulation
• Miscellaneous Material all other materials not classified in the above two categories
6.3 Material Conditions
Sampled materials are placed into one of the three following categories of conditions
• Good none to very little visible damage or deterioration
• Damaged the surface is crumbling, blistered, water -stained, gouged, marred or otherwise abraded
over less than one -tenth of the surface if the damage is evenly distributed, or one -quarter if the
damage is localized
• Significantly Damaged the surface is crumbling, blistered, water -stained, gouged, marred or
otherwise abraded over greater than one -tenth of the surface if the damage is evenly distributed, or
one -quarter if the damage is localized
6.4 Sample Quantities
Banyan Environmental collected at least the minimum number of samples from each homogeneous area
necessary to meet all regulatory requirements for the quantity of material to be disturbed. The quantities
listed in this report are approximate and on -site verification of the exact quantity of each material is
required. The following outlines the minimum sample quantities required per homogeneous area:
• Surfacing Materials: up to 1,000 ft2 of material requires a minimum of three (3) samples; between
1,000 ft2 and 5,000 ft2 of material requires a minimum of five (5) samples; over 5,000 ft2 of
material requires a minimum of seven (7) samples; one (1) sample of each patch
• Thermal System Insulation (TSI): each homogeneous area requires a minimum of three (3) samples;
at least one (1) sample must be collected from each patch; and collect enough samples sufficient to
adequately assess the material and determine the asbestos content for TSI fittings such as pipe
elbows or T's.
• Miscellaneous Materials: collect enough samples sufficient to determine the asbestos content
7.0 Overview of Findings
Asbestos was not reported within any of the materials collected. B
total of five (6) bulk -samples of one (1) homogeneous areas.
anyan Environmental collected a
Table 1 below describes the materials composing each homogeneous area as well as the locations of each
bulk -sample collected. Also listed is the classification, condition, friability and estimated quantity of
material to be removed and/or disturbed, as well as the asbestos content within each bulk -sample. Please
see Appendix B: Analytical Data for the layer break -down of each bulk -sample.
Ta b l e 1
HA
#
Sample
Number
Material
Class
Material
and
Location
Condition
Material
Estimated
Quantity
Material
Friability
Asbestos
Content
1
n-1Garage/potato
MM
concrete
storage
ceiling
--3060
sqft
Friable
ND
Friable
ND
Garage/potato
concrete
storage
ceiling
G
PL
-2
Friable
ND
Garage/potato
storage ceiling
G
PL
-3
concrete
Friable
ND
Garage/potato
storage
ceiling
G
PL -4
concrete
Friable
ND
Garage/potato
concrete
storage ceiling
G
PL
-5
HA- Homogenous Area
ND- Non -detect
TR- Trace, <1%
G- Good
D- Damaged
SD- Significantly Damaged
8.0 Findings & Recommendations
SM- Surfacing Material
MM Miscellaneous Material
TSI- Thermal System Insulation
ACM was not identified within the areas of the residence that were within the scope of the full inspection
and bulk -sampling performed on August 27, 2021; therefore, no professional abatement activities are
required to remove or disturb the above -referenced sampled materials.
9.0 Asbestos Abatement & Demolition Requirements
If ACM is to be removed or disturbed in a single-family residence, and the total quantity exceeds any of the
regulatory trigger levels of 50 linear ft. on pipes, 32 ft2 on other surfaces, or the volume equivalent of a 55 -
gallon drum, a CDPHE-certified General Abatement Contractor (GAC) is required to perform the work. The
regulatory trigger levels within a commercial building are 260 linear ft. on pipes, 160 ft2 on other surfaces,
or the volume equivalent of a 55 -gallon drum. In addition, formal notification to CDPHE prior to the
abatement of ACM as well as air monitoring, visual inspections, and final air clearances by a CDPHE-
certified Asbestos AMS is required.
CDPHE regulations allow for the demolition of a building that contains non -friable asbestos -containing
materials, such as caulking, mastic or resilient floor tiles. However, demolition must be completed without
causing the non -friable ACM to be rendered friable. Burning a building with any ACM is prohibited.
Operations such as sanding, cutting, crushing, grinding, pneumatic jacking, etc. of ACM are not permitted.
Recycling of building materials such as concrete, metal, or wood that are bonded or contaminated with
ACM, e.g. glue, caulking, or mastic is also prohibited. If any of the non -friable asbestos containing materials
are to be recycled and rendered friable after demolition (i.e. crushing mastic -coated concrete), these
materials must be abated of all ACM prior to shipping offsite for recycling.
OSHA regulations regarding occupational exposure during demolition activities is still mandatory. OSHA 29
CFR 1926.1101 requires that workers performing construction -related activities be protected from
asbestos fibers in excess of the permissible exposure limit of 0.1 f/cc of air. Contractors are must comply
with applicable provisions of OSHA 29 CFR 1926.1101 during demolition and renovation activities. These
OSHA provisions include, but are not limited to, PPE and respirators, personnel training, personal -exposure
air monitoring, employee medical surveillance, wet removal methods, signage for regulated areas, etc
10.0 Disclaimer & Limitations
The activities outlined in this report were conducted in a manner consistent with a level of care and
expertise exercised by members of the environmental consulting and industrial hygiene profession All
activities were performed in accordance with all applicable federal, state, and local regulations as well as
generally accepted standards and professional practice No warranty is either expressed or implied Banyan
Environmental assumes no responsibility or liability for error in public information utilized, statements
from sources other than Banyan, or developments resulting from situations outside the scope of this
project
The details provided within this report outline the inspection activities on the date(s) indicated and should
not be relied upon to represent conditions at a later date, the limited number of bulk -samples collected,
and the laboratory results of those bulk -samples The laboratory results contained in this report apply
specifically to the materials in which bulk -samples were collected The results do not include or apply to
any other materials within the structure that were not sampled, but may contain asbestos, including
materials that may be hidden or inaccessible All work must stop and additional inspection and bulk -
sampling activities would be required to determine if any other materials contain asbestos
This report has been prepared on behalf of and exclusively for use by the Client, with specific application to
their project as discussed in the scope of work The results of any surfacing material indicated in this report
also includes any associated overspray of that material, e g, under carpet, above suspended ceilings, etc
The information contained in this report is intended as supplementary material for abatement design and
is not to be used as the scope of work for abatement activities, bidding or billing purposes Contractors or
consultants reviewing this report must draw their own conclusions regarding further investigation or
remediation deemed necessary
Thank you for your business
Sincerely,
State of Colorado Building Inspector Accreditation No 15895 exp 10/17/2021
TEChNOLOGY
LABORATORY, INC.
I' ► I2 (lure A‘ tulle. Suite 101
f �,►�� C uIIiiis. Colorado 80526
\\ \\ teelil;lhus7 coin
H I, i tcchlabusa.coiu
Banyan Environmental
1540 Main St.
Windsor, CO 80550
Re: Analysis of Bulk Asbestos Samples
Order #: C2352
Project #: B6941 - Clay
Project Lccation or Name: 38854 CR 37 Eaton
Dear Client:
Attached are the results of the analyses for asbestos materials that were submitted to this facility on 8/27/2021.
Please note that:
• Technology Laboratory, Inc. (TLI) analyzes bulk asbestos samples following procedures developed by the
McCrone Research Institute and in compliance with guidelines established by the Environmental Protection
Agency (App. E to Sub. E of 40 CFR Part 763 and 600/R-93/116).
• TLI is accredited for bulk asbestos analysis by the National Voluntary Laboratory Accreditation Program (NVLAP)
of the National Institute of Standards and Technology (NIST). Our NVLAP Laboratory Code is 600232-0. Our State
of Coloraco certification number is AL -25683. TLI complies with NVLAP requirements unless otherwise noted.
This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP,
NIST, or any agency of the Federal Government.
• The analytical results provided in this report apply only to the samples submitted to the laboratory. This report
is confidential. Details of this report will not be discussed with any person or agency not associated with you or
your organization. This report must be reproduced in its entirety (including this cover document) and shall not be
copied in part or used by the client to claim product endorsement by NVLAP or any agency of the U.S.
Government. Samples will be held for a minimum of sixty days unless longer storage is requested. If you have
any questions regarding the contents of this report, please call TLI at 970-490-1414.
O,52
Paige Terry
Technical Supervisor
Asbestos Program Manager
Technology Laboratory, Inc.
Phone: 970-490-1414 0 Fax: 970-472-5488
NVLAP Lab Code 600232-0
TECHNOLOGY LABORATORY, INC.
1012 Centre Avenue
Fort Collins, Colorado 80526
(970) 490-1414
CERTIFICATE OF ANALYSIS
Bulk Asbestos Fiber Analysis by Polarized Light Microscopy (PLM) EPA
(App. E to Sub. E of 40 CFR Part 763 and 600/R-93/116)
Banyan Environmental
1540 Main St.
Windsor, CO 80550
Order It: C2352
Project It: 86941- Clay
Date Received: 8/27/2021
Date Analyzed: 8/27/2021
Date Reported: 8/27/2021
Sample ID # Sample Description
Asbestos
Constituents
Non -Asbestos
Constituents
PL -1
C2352-01
Micaceous Plaster, Tan None Detected
100% of Total Sample
Other
Gypsum
40%
60%
PL -2
C2352-02
Micaceous Plaster, Tan None Detected
100% of Total Sample
Other
Gypsum
40%
60%
PL -3
C2352-03
Micaceous Plaster, Tan None Detected
100% of Total Sample
Other
Gypsum
40%
60%
PL -4
C2352-04
Micaceous Plaster, Tan None Detected
100% of Total Sample
Other
Gypsum
40%
60%
PL -5
C2352-05
Micaceous Plaster, Tan None Detected
100% of Total Sample
Other
Gypsum
40%
60%
Analyst:
Page 1 of 1
ige Terry
V.O.
NUMBER
CZ352.
TECHNOLO(;Y
LABORATORY,
INC.
/ Phone:
aww
1012 CENTRE
FOR I COLLINS,_
1970) 440-1414
techlabuca"coin
infda+tcchlabusa.corn
AVENUE
CO
Fax:
80526
(970)
472-5488
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APPENDIX B
DEMOLITION PERMIT APPLICATION FORM
Colorado Department
of Public Health
and Environment
DEMOLITION NOTIFICATION APPLICATION FORM
APPLICATION FEE MUST ACCOMPANY THIS FORM
INCOMPLETE APPLICATIONS WILL BE RETURNED
(Notice will be mailed to the demolition contractor unless specified otherwise)
Fee: $50 + $5 per 1000 ft2 of area to be demolished = $
(See instruction #1 on reverse side)
Submit form to:
Permit Coordinator
Colorado Dept. of Public
Health and Environment
APCD-IE-B1
4300 Cherry Creek Drive
South
Denver, CO 80246-1530
Phone: 303-692-3100
Fax: 303-782-0278
Asbestos@state.co.us
Demolition Contractor
Company Name:
Demolition Site
Building Name:
Garage/barn
Street:
Square footage of footprint of facility or portion of facility to be demolished
3060
City:
State:
Zip Code:
Street:
38854 County Road 37
Telephone #
( )
Fax #
( )
City:
Eaton
County:
Weld
Zip Code:
80615
Project Manager:
I certify that the Certified Asbestos Building
about any remaining asbestos -containing
demolished.
Cell Phone #
l
Inspector has informed me
materials in the facility to be
Proposed Start Date
Proposed Completion Date
Method/Means of Demolition:
❑ Wrecking ❑ Burningt ❑ Implosion ❑ Moving O Other, specify:
t
Burning requires additional authorization — Please call (303) 692-3100 and ask
to speak to the Open Burning Permit Coordinator
Signature: I
Print Name:
Landfill Receiving Building Debris:
Asbestos
Removal
Contractor
General Abatement Contractor (GAC)
N/A
Building Owner
Owner's Name:
Street:
CDPHE Asbestos Permit #
Total Quantity of Asbestos Removed
City:
State:
Zip Code:
Date Removal Completed
Telephone #
( )
Contact's Name:
Telephone #
( )
Type(s) of Asbestos -Containing Material Removed:
Certified Asbestos Inspector
Certification
With my signature below, I certify that I possess current AHERA accreditation and state of Colorado certification as
an Asbestos Building Inspector. I also certify that I have thoroughly inspected the facility to be demolished, as listed
in the Demolition Site block above, sampled all suspect materials, had all samples analyzed for the presence of
asbestos by a NVLAP-accredited laboratory, and have determined that no Regulated ACM exists anywhere in the
facility.* I also certify that I have informed the owner/operator of the facility or the demolition contractor that any
asbestos -containing material allowed to stay in the facility must remain non -friable during demolition. Specify type(s)
of ACM remaining, below: (check appropriate box(es)):
❑ Vinyl asbestos floor tile (VAT) ❑ VAT mastic ❑ Tar/asphalt impregnated roofing ❑ Asphaltic pipe coatings
❑ Spray -applied tar coatings ❑ Caulking ❑ Glazing ❑ Other, specify:
Signature: (In Blue Ink)
i.„.......Andrew
Printed Name:
Dunnell
Date of Final Inspection
August 27, 2021
CO Cert #
15895
Expiration Date
October 17, 2022
Telephone # I Cell Phone #
( ) (970) 222-6849
Building
Owner or
Contractor
I verify that all refrigerants from air conditioning/refrigeration appliances have been properly recovered in accordance with AQCC Regulation No.
15 (for information on CFC requirements call 692-3100). I further verify that all luminous exit signs (containing radioactive material) have been
disposed of in accordance with 6 CCR 1007-1 subpart 3.6.4.3 (for information on luminous exit sign requirements call 303-692-3320).
CHECK THE APPROPRIATE BOX:
❑ Building Owner
❑ Contractor
❑ Other
Date:
Signature:
Print Name:
THIS Box IS FOR CDPHE USE ONLY:
Postmark or Hand Delivery Date:
Approved By:
Code: ❑ initial -310 ❑ transfer -380
Form of Payment & #:
Permit #:
Record #
Date Issued:
Regulated asbestos -containing materials means (a) friable asbestos -containing material, (b Category I nonfriable ACM that has become friable, (c)
Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading or (d) Category II nonfriable ACM that has a high
probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of
demolition or renovation operations regulated by this regulation. Note: Asbestos -containing sheet vinyl and linoleum must be properly
abated/removed prior to demolition.
Form: DNA08
Rev. 01/30/08
September 28, 2021
Bid Request No. B2100131, Waag Storage Shed Demolition Project
Weld County, Colorado
ADDENDUM NUMBER ONE
The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced
PROJECT:
Contractor Questions and Responses
Mandatory Pre -Proposal Meeting Agenda/Minutes
Pre -Bid Meeting Attendance List
Receipt of Addenda
All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must
acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of
an Addendum result in the BID not being reviewed or scored.
CONTRACTOR QUESTIONS AND RESPONSES
Question 1: Is an asbestos report available for review?
Answer 1: The Bid Documents for this project include a copy of the asbestos report.
Question 2: Is a Performance Bond and a Labor/Materials Bond required for this project?
Answer 2: A Performance Bond and a Labor/Materials Bond is not required for this project however; a
bid bond is required.
Question 3: Are there any stormwater regulations that will be in effect for this project?
Answer 3: The project area is not in an MS -4 area and is less than an acre of disturbance. Therefore,
there are no stormwater regulations that are required for this project.
Question 4: Is the contractor responsible for landfill fees?
Answer 4: Yes, the contractor is responsible for paying for all landfill fees. Please ensure the landfill
fees are included in your bid.
Question 5: Is the contractor responsible for removal of the yard pole that is directly east of the
building?
Answer 5: Yes, the contractor is responsible for the removal of the yard pole. The contractor will have
to coordinate with the appropriate utility to ensure the disconnections are properly done.
Question 6: Is the contractor responsible for providing the compaction testing?
Answer 6: Yes, the contractor is responsible for hiring a testing company that is certified for
compaction testing. A copy of the testers certifications and copies of the test results shall be submitted
to Weld County.
Question 7: It appears as if somebody has started to remove the boards from within the building. Will
those boards be removed prior to the start of demolition?
Answer 7: The landowner indicated that the boards might be removed but he wasn't sure. The
Contractor should assume that the boards will have to be removed as part of their bid.
Question 8: What is the interval for testing the backfill as it is going in to fill up the hole?
Answer 8: The backfill specification that is included in the bid documents states the lift are to be no
more than 8 inches. The compaction tests should be performed on every lift.
Prepared By: Clay Kimmi, P.E., Senior Engineer
PRE -BID MEETING AGENDA/MINUTES
Waag Storage Building Demolition Project
September 28, 2021
1. Sign -in Sheet — Please sign the sign -in sheet. Please make sure your printing is legible or provide a
business card to Clay Kimmi to ensure your contact information is correct. If you do not sign in, you will
not be counted as present and you will not be able to submit a bid.
2. Project Description/Location
a. This bid is for the demolition of a storage building located at 38854 County Road 37, Ault, CO.
b. This is a turn -key demolition project to remove the storage building, foundations, concrete pads,
rock walls, and other miscellaneous landscaping materials to facilitate the reconstruction of the CR 80
and CR 37 intersection.
3. Project Materials Testing and Inspection
a. Contractor is responsible for compaction testing when backfilling the hole for the storage shed.
Compaction shall follow the process described in the bid documents.
b. Construction administration and inspections will be provided by Weld County Staff.
4. Bidding Requirements
a. All bids must be emailed to bids@weldgov.com
b. Note the insurance requirements for the job
(i) See pages 9-10 and 21-22 of the bid documents for the project insurance requirements.
(ii) Weld County, Colorado, it elected officials, and its employees must be included as
additional insureds.
(iii) Pollution Liability insurance is required.
c. A bid bond is required for this project. Bids without the bid bond will not be accepted.
d. Last day for questions is 7 a.m. on October 11, 2021. Bid closes at 10 a.m. on August 14, 2021.
Bids will be opened by the Purchasing Office. Bid opening will occur on a Teams conference call in
which the bidders and the bid amounts will be read. The Teams conference call will start at 10:30
a.m.
5. Project Completion Date
a. Project is a completion date contract
(i) Completion Date is December 31, 2021
(ii) No weather days or less than full-time charged days will be granted
6. Required Permits
(i) CDPHE Demolition Permits
(ii) Weld County Demolition Permits — Fees will be waived.
7. Coordination and Protection of Existing Utilities
a. Contractor shall be responsible for protection of all existing utilities and coordination with the
affected companies during construction.
b. Prompt payment requirements will be enforced
8. Questions?
a. All questions after the Pre -Bid meeting must be submitted in writing to Clay Kimmi at
ckimmi(a)_weldgov.com
b. Last day for questions is 7 a.m. on October 11, 2021. Final Addendum will be posted by 5 p.m.,
Tuesday, October 12, 2021
c. Bids are due by 10 am on October 14, 2021. Bids will be opened at 10:30 on a Teams
conference call.
d. Addendum 1 will be posted to BidNet following the pre -bid meeting.
PRE -BID MEETING ATTENDANCE LIST
RFP# B2100131 Waag Storage Building Demolition Project
Mandatory Pre -Bid Meeting Attendance Sheet
September 28, 2021 at 9 am
Name
Company
Phone Number
E-mail
Clay Kimmi
Weld County Public Works
970-400-3471
ckimmi(a�weldgov.com
Joe Kuntz
Mountain Constructors
'970-785-6161
bids anmtnconstructors.com
Derek Palmer
Tasman Geo
970-405-9535
dpalmeratasman-qeo.com
Rick Cowell
Hillen Corp
303-472-1853
hillenrickt'≥aol.com
George Carter
CPC Constructors
720-684-7170
georgeacpcconstructors.com
Dan Ward
ESA
216-406-7419
dan.ward(c esasite.com
RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids,
Drawings, Specifications and other Contract Documents.
Addendum No.
Addendum No.
Addendum No.
Addendum No.
Date: By:
Date: By:
Date: By:
Date: By:
Contractor agrees to perform all Work described in the Contract Documents for the prices as
shown in the Bid Tabulation. Progress payments shall be based on a percentage of the Lump
Sum price shown in the bid tabulation which has been completed or the actual quantities
furnished, installed or constructed. The undersigned, by his/her signature, hereby
acknowledges and represents that:
1. Performance of each and every portion of the Work is included as part of the Contractor's
Price.
2. All designs, equipment, materials, labor, insurance and bond premiums, offices, other
overhead, profit and services relating to the Contractor's performance of its obligations
under the Contract Documents (including all Work, Warranties, equipment, materials, labor,
and services provided by subcontractor and intellectual property rights necessary to perform
the Work) are included as part of the Contractor's Price.
3. The cost of obtaining all Governmental Approvals (except for approvals which are the
responsibility of the County, as specifically provided elsewhere in the Contract Documents)
is included as part of the Contractor's Price.
4. All costs of compliance with and maintenance of the Governmental Approvals and
compliance with legal requirements are included as part of the Contractor's Price.
5. Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with
respect to the Work and any equipment, materials, labor, or services included therein are
included a part of the Contractor's Price.
6. All fines, penalties, and damage payments to others as Contractor is obligated to pay herein
are include as part of the Contractor's Price.
7. The Contractor's Price proposed herein meets all the conditions, specifications and special
provisions set forth in the request for proposal for Request No. #B2100131
8. The signatory is authorized to bind the below -named contractor for the amount shown on
the accompanying bid tabulation.
9. The signed bid submitted, all 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.
10. Weld County reserves the right to reject any and all bids, to waive any informality in the bids,
and to accept the bid that, in the opinion of the Board of County Commissioners, is to the
best interests of Weld County. The bid(s) may be awarded to more than one vendor.
FIRM BY
(Please print)
BUSINESS
ADDRESS DATE
CITY, STATE, ZIP CODE
TELEPHONE NO FAX TAX ID #
SIGNATURE
E-MAIL
**ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID.
FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED.**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF
EXEMPTION NUMBER IS #98-03551-0000.
October 12, 2021
Bid Request No. B2100131, Waag Storage Shed Demolition Project
Weld County, Colorado
ADDENDUM NUMBER TWO
The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced
PROJECT:
Contractor Questions and Responses
Receipt of Addenda
All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER
must acknowledge receipt of this addendum in the space provided in the BID. Failure to
acknowledge receipt of an Addendum result in the BID not being reviewed or scored.
CONTRACTOR QUESTIONS AND RESPONSES
Question 1: With the completion date of December 31, 2021 please provide detail on how the
Contractor is to achieve proper compaction in the "winter conditions." Could either a flow fill
type of backfill be considered and paid for by the County, or could the backfill work be
completed in the spring when temperatures are adequate for typical backfill and compaction
methods?
Answer 1: Completing the backfill in the spring is not an option as there is a construction
project that will be starting this December for the intersection project. The use of flow fill to
backfill the hole left from the demolition is not an option as only a portion of the backfilled area
will be within the ROW. Utilities will be placed in an easement that will be located in the area of
the backfilled hole outside of the ROW. The Contractor shall be responsible for providing
acceptable compaction results using methodologies appropriate for the time of year. It may be
necessary for the Contractor to cover the backfill material to prevent it from freezing. The
Contractor's bid shall include the costs to ensure that the compaction requirements are
achieved.
Prepared By: Clay Kimmi, P.E., Senior Engineer
RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids,
Drawings, Specifications and other Contract Documents.
Addendum No. Date: By:
Addendum No. Date: By:
Addendum No. Date: By:
Addendum No. Date: By:
Contractor agrees to perform all Work described in the Contract Documents for the prices as
shown in the Bid Tabulation. Progress payments shall be based on a percentage of the Lump
Sum price shown in the bid tabulation which has been completed or the actual quantities
furnished, installed or constructed. The undersigned, by his/her signature, hereby
acknowledges and represents that:
1. Performance of each and every portion of the Work is included as part of the Contractor's
Price.
2. All designs, equipment, materials, labor, insurance and bond premiums, offices, other
overhead, profit and services relating to the Contractor's performance of its obligations
under the Contract Documents (including all Work, Warranties, equipment, materials, labor,
and services provided by subcontractor and intellectual property rights necessary to perform
the Work) are included as part of the Contractor's Price.
3. The cost of obtaining all Governmental Approvals (except for approvals which are the
responsibility of the County, as specifically provided elsewhere in the Contract Documents)
is included as part of the Contractor's Price.
4. All costs of compliance with and maintenance of the Governmental Approvals and
compliance with legal requirements are included as part of the Contractor's Price.
5. Payment of any taxes, duties, permit fees, and other fees and/or royalties imposed with
respect to the Work and any equipment, materials, labor, or services included therein are
included a part of the Contractor's Price.
6. All fines, penalties, and damage payments to others as Contractor is obligated to pay herein
are include as part of the Contractor's Price.
7. The Contractor's Price proposed herein meets all the conditions, specifications and special
provisions set forth in the request for proposal for Request No. #B2100131
8. The signatory is authorized to bind the below -named contractor for the amount shown on
the accompanying bid tabulation.
9. The signed bid submitted, all 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.
10. Weld County reserves the right to reject any and all bids, to waive any informality in the bids,
and to accept the bid that, in the opinion of the Board of County Commissioners, is to the
best interests of Weld County. The bid(s) may be awarded to more than one vendor.
FIRM BY
(Please print)
BUSINESS
ADDRESS
DATE
CITY, STATE, ZIP CODE
TELEPHONE NO FAX TAX ID #
SIGNATURE
E-MAIL
**ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID.
FAILURE TO SUBMIT A W-9 SHALL RESULT IN THE BID NOT BEING ACCEPTED.**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF
EXEMPTION NUMBER IS #98-03551-0000.
EXHIBIT B
Rose Everett
From:
Sent:
To:
Subject
Attachments:
Pete Neumann <pete@cpcconstructors.com>
Thursday, October 14, 2021 8:53 AM
bids
WAAG Storage Bldg. Demolition Bid - #B2100131
WAAG Storage Demo- Bid Bond CPC .pdf; W-9 CPC - signed .pdf; WAAG Storage Bldg
Demo B2100131 BID PROPOSAL - CPC Constructors.pdf
ICaution: This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the
sender and know the content is safe.
I hereby waive my right to a sealed bid.
Pete Neumann
2085 Driver Lane
Erie, CO 80516
(720)530-0661
pete@cpcconstructors.com
www. cpcconstructors.com
1
SPECIFICATIONS:
This bid is for the demolition of a storage building located at 38854 County Road 37, Ault, CO.
This is a turn -key demolition project to remove the storage building, foundations, power, and stone
landscaping walls to facilitate the new reconstruction of the CR 80 and CR 37 intersection.
Demolition will include the following:
1. Demolition and removal of storage building and foundation.
2. Demolition and removal of adjacent site improvements including but not limited to stone
landscaping walls, concrete pads, cleanup of miscellaneous debris, etc.
3. Demolition materials are to be removed from site and disposed of in accordance with applicable
regulations.
4. Removal of electrical service. Locate, identify, disconnect and seal/cap off utilities serving the
buildings to be demolished. Disconnect, seal and cap the utilities in accordance will local codes.
5. Contractor shall coordinate with utility companies to disconnect and remove service connections.
6. Fees for permits through Weld County will be waived.
7. Storage or sale of removed items or materials on -site is not permitted
8. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory
requirements.
9. All hazardous materials (to Include refrigerant) must properly be removed, evacuated, and
disposed of by contractor during demolition process. Refrigerant shall be removed, stored and
disposed of in accordance with regulations.
10. The remaining hole in the site pad shall be backfilled with clean fill acceptable to Weld County.
The level of the finished ground is to be level with pre -demolition grades. Backfilled hole shall be
bacicfilled in accordance with the attached specification. The Contractor shall provide compaction
testing results showing the backfilled hole was compacted in accordance with the specifications.
11. The building has been tested for Asbestos Containing Materials and no asbestos has been
discovered. See attached report.
12. Conduct building demolition and debris removal operations to ensure minimum interference with
roads and adjacent occupied facilities.
13. Contractor shall enter in to a contract (sample attached) with Weld County.
14. No weekend work is allowed without written consent of the County's project manager.
15. Anticipated project start date is November 15, 2021.
16. Anticipated project completion date is December 31, 2021.
PRICING: oo
TOTAL $ 3 8,920
FACILITY NAME AND LOCATION WHERE WASTE MATERIALS WILL BE DISPOSED:
11/..,/d. Z4.1.4//
RECEIPT OF ADDENDA
The undersigned acknowledges receipt of the following Addenda to the Invitation for Bids, Drawings,
Specifications and other Contract Documents.
Addendum No. / Date: 4(20/2/ By: ,)4.ti. »►4•-+
Addendum No. 2. Date: /o Ji "Z/Z / By: P.e A/ •+ar►
Contractor agrees to perform all Work described in the Contract Documents for the pricing as shown
above. Progress payments shall be based on a percentage of the Lump Sum price shown in the pricing
above which has been completed. The undersigned, by his/her signature, hereby acknowledges and
represents that:
1. The quotations set forth herein are exclusive of any federal excise taxes and .other state and local
taxes.
2. Performance of each and every portion of the Work is included as part of the Contractor's Price. All
designs, equipment, materials, labor, insurance and bond premiums, offices, other overhead, profit
and services relating to the Contractor's performance of its obligations under the Contract Documents
(including all Work, Warranties, equipment, materials, labor, and services provided by subcontractor
and intellectual property rights necessary to perform the Work) are included as part of the
Contractor's Price. All costs of compliance with and maintenance of the Governmental Approvals and
compliance with legal requirements are included as part of the Contractor's Price. The cost of
obtaining all Governmental Approvals (except for approvals which are the responsibility of the
County, as specifically provided elsewhere in the Contract Documents) is included as part of the
Contractor's Price. All fines, penalties, and damage payments to others as Contractor is obligated to
pay herein are Include as part of the Contractor's Price.
3. Payment of any taxes, duties, permit fees, and other fees andlor royalties Imposed with respect to the
Work and any equipment, materials, labor, or services included therein are included a part of the
Contractor's Price.
4. The Contractor's Price proposed herein meets all the conditions, specifications and special provisions
set forth in the request for proposal for Request No. #82100131.
5. The signatory is authorized to bind the below -named contractor for the amount shown on the
accompanying bid tabulation.
6. The signed bid submitted, all the documents of the Request for Bid contained herein (including, but
not limited to, product specifications and scope of services), and the formal acceptance of the bid by
Weld County, together constitutes a contract, with the contract date being the date of formal
acceptance of the bid by Weld County.
7. 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: '!Pt._a !rts-thwi_4Foc .1 i - BY: ?eke iC/urrrfo."
BUSINESS
ADDRESS: ZO f%r. us- Lei 7
CITY, STATE, ZIP CODE: i�rt Cc gos74.
r
TELEPHONE NO.:(7LO) Sao - 04 G. I FAX:
PRINTED NAME AND TITLE:
SIGNATURE:
E-MAIL: e £/C ledt c/'tr-14,,e . raw►
(Please print)
DATE: /o//v/2. /
TAX ID #: ZO SOR4 I g
**AII bidders shall provide a W-9 with the submission of their bid. Failure to submit a W-9 shall result in
the bid not being accepted.**
You do not need to send back pages 1 through 12.
Weld County is exempt from Colorado sales taxes. The certificate of exemption number is #98-03551-
0000.
Contract Form
qty Information
New Contract Request
Entity Name*
CPC CONSTRUCTORS INC
Entity ID*
840044708
Contract Name* Contract ID
CONTRACT FOR DEMOLITION OF STORAGE BUILDING 5 393
LOCATED AT 38854 CR 37
Contract Status
CTB REVIEW
Contract Lead*
CKIMMI
❑ New Entity?
Parent Contract ID
20212926
Requires Board Approval
YES
Contract Lead Email Department Project #
CKimmitgco.weld.co.us GR-6O
Contract Description *
CONTRACT IS FOR THE DEMOLITION OF A STORAGE BUILDING LOCATED ON THE WAAG PROPERTY FOR THE CR 80 AND CR
37 PROJECT.
Contract Description 2
Contract Type
AGREEMENT
Amount*
438,420.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks.. weldgov.com
Department Head Email
CM-PublicWorks-
DeptHeadc weldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BCHOATEg) CO.WELD.CO.US
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
11 10;2021
Due Date
11f06:'2021
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be included?
YES
Bid/RFP #*
B2100131
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date
Review Date*
11;05:2021
Renewal Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
ROB TURF
Approval Process
Department Head
ELIZABETH RELFORD
DH Approved Date
11,0512021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
1111512021
Originator
CKIMMI
Committed Delivery Date
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Expiration Date*
12[31:2021
Contact Phone T Contact Phone 2
Purchasing Approved Date
11:09'2021
Finance Approved Date
1 1 :08`2021
Tyler Ref It
AG 111521
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
11 ./091 2021
MEMORANDUM
Date: October 18, 2021
To: Rob Turf, Purchasing Manager
From: Clay Kimmi, Senior Engineer
RE: Bid Request No. B2100131 38854 CR 37 Storage Building
Demolition
Bids were received and opened on October 14, 2021 for the demolition of a storage building at 38854 WCR
37 (Waag Property). Three (3) bids were received. The bid prices ranged from $38,420.00 to $84,690.00.
The Engineer's Estimate for this project was $38,000.00. This project is included in the 2021 Public Works
budget.
The submitted bids were reviewed for errors and completeness. There were no errors in the bid received
from the contractors. The bid tabulation is included with this document.
Public Works recommends awarding the construction contract to the low bidder, CPC Constructors, Inc.,.
for a total amount not to exceed $38,420.00. Construction is anticipated to commence in mid -November
and is planned to be completed by December 31, 2021.
/01
ZOZI - Z°I ZCo
E c OO Cl
WELD COUNTY
WAAG STORAGE BUILDING DEMOLITION
BID TABULATION
OCTOBER 14, 2021
UNIT QUANTITY UNIT PRICE TOTAL PRICE
WELD COUNTY ESTIMATE
LS
1
$ 38,000.00
$ 38,000.00
CPC CONSTRUCTORS, INC
LS
1
$ 38,420.00
$ 38,420.00
EARTH SERVICES &
ABATEMENT, LLC
LS
1
$ 80,775.00
$ 80,775.00
MOUNTAIN CONSTRUCTORS
LS
1
$ 84,690.00
$ 84,690.00
Apparent Low Bidder
WELD COUNTY PURCHASING
1150 O Street, Room 107, Greeley, CO 80631
E -Mail: cmpeters(a�weldgov.com
E-mail: reverettweldgov.com
E-mail: rturf(c�weldgov.com
Phone: (970) 400-4223, 4222 or 4216
Fax: (970) 336-7226
DATE OF BID: OCTOBER 14, 2021
REQUEST FOR: DEMOLITION OF STORAGE BUILDING AT 38854 CR 37 PROJECT
DEPARTMENT: PUBLIC WORKS
BID NO: #62100131
PRESENT DATE: OCTOBER 18, 2021
APPROVAL DATE: NOVEMBER 1, 2021
VENDOR
CPC CONSTRUCTORS INC
2085 DRIVER LANE
ERIE CO 80516
EARTH SERVICES &
ABATEMENT LLC
6700 EAST 50TH AVENUE
COMMERCE CITY CO 80022
MOUNTAIN CONSTRUCTORS
PO BOX 405, 622 MAIN ST
PLATTEVILLE CO 80651
TOTAL LOCATION OF DISPOSAL
$38,420.00
$80,775.00
$84,690.00
PUBLIC WORKS DEPARTMENT IS REVIEWING THE BIDS.
i Oh,
N. WELD LANDFILL
NORTH WELD, AULT CO
RECYCLING: BUCKLEN EQUIP
GREELEY CO
NORTH WELD LANDFILL &
SALVAGABLE MATERIALS TO
MCT RECYCLE YARD
2021-2926
E4 0079
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