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Home My WebLink About20210923.tiffAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & TCC CORPORATION JAIL GREASE INTERCEPTOR TArtiJCS THIS AGREEMENT is made and entered into thiskVday of �� . , 2021_, by and between the County of Weld, a body corporate and politic of the S ate .f Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and TCC Corporation whose address is 609 Gryfalcon Court Unit D Windsor, CO 80550, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: I. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2100074". The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in the Exhibits which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement 0.7002/,9.2,3 �u o0�3 by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A&B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Proiect, and County's acceptance of the same, County agrees to pay an amount no greater than $222,307.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty: Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. This paragraph shall survive expiration or termination hereof. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Pollution Liability: Contractor/Contract Professional shall provide Pollution Liability Insurance if/when it is found that soil has been contaminated. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: TCC Corporation Attn.: Ernie Crownovcr, President Address: 609 Gryfalcon Court Unit D Address: Windsor, CO 80550 E-mail: ecrownoverAteccorp.net Telephone: (970) 460-0583 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (l 8) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. INTNESS� WHEREOF, the parties hereto have signed this Agreement this day of 2021. CONTRACTOR: TCC Corporation By: . Name: Title: Date WELD COW.�^t �• `e';� ATTEST' An4/1J Weld ' ou ty Clerk to the Bo -rd WELD COUNTY, COLORADO eputy CI tot a Bo`*. 1 ��+reve Moreno, Chair BY BOARD OF COUNTY COMMISSIONERS APR 1 2 2021. o2oa/ - P90.23 , I O Exhibit Ar r_M REQUEST FOR BID440,„; ,� c!- ` sr E'er►.+ ' WELD COUNTY, COLORADO r`` ' ^} - �� t y �_3 ==, 1150 0 STREET t ogA \ IA tf • 1 GREELEY , CO 80631 L $jaLJ! U :.. r e/� DATE : MARCH 4, 2021 , BID NUMBER: B2100074 ;.:- w. .. DESCRIPTION : JAIL GREASE TANKS DEPARTMENT: FACILITIES MANDATORY PRE-BID CONFERENCE : MARCH 15, 2021 BID OPENING DATE : MARCH 24, 2021 1 . NOTICE TO BIDDERS : The Board of County Commissioners of Weld County, Colorado , by and through its Controller/Purchasing Director (collectively referred to herein as , "Weld County") , wishes to purchase the following : JAIL GREASE TANKS A mandatory pre-bid conference will be held on March 15, 2021 at 11 : 00 AM at the Weld County Facilities Department, 1105 H Street, Greeley, CO 80631 . Vendors must participate and record their presence at the pre- bid conference to be allowed to submit bids . We yogi be adherkag to current state sod EL stanciri 9Uk? e in6So Bids will be received for the above stated equipment up to , but not later than : March 24, 2021 at 10: 00 AM (Weld County Purchasing Time Clock) . Dole to COVI _AS, gnstead of an £ � nopersIon " bids opening , the submitted bads vlifit be read over a Parosot learns Conference Call on March 24, 2021 at 10 : 30 AFL To joins can the phrr', ;nte number and enter the Conference ID provkled below: _� R .c1 f -�, l-1 number I I � � 720-4.4t39-6261 �� >. �", /1 Conference r � c 619134409 �� `h ,tom 1,' um be : Phone e Con.11 ere ce 6 D : PAGES 1 — 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 8 MAY BE APPLICABLE FOR EVERY PURCHASE. _BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID : Weld County requests bids for the above- listed merchandise , equipment, and/or services . Said merchandise and/or equipment shall be delivered to the location(s) specified herein . Bids shall include any and all charges for freight, delivery, containers , packaging , less all taxes and discounts, and shall , in every way, be the total net price which the bidder will expect Weld County to pay if awarded the bid . You can find information concerning this request on the BidNet Direct website at https://www. bidnetdirect. corn/ Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids , quotes , proposals , addendums , and awards on this one centralized system . Bid Dplivcry to Watici _ ynt : 1 . Email . Due to the Coronavirus (COVID-19), emailed bids are required. Bids may be emailed to bitty@ eld ovscorn ; however, if your bid exceeds 25MB please upload your bid to https: //www. bidnetdirect, com . The maximum file size to upload to BidNet is 500 MB . PDF format is required. Emailed bids must include the following statement on the email : "8 hereby waove my right to a sealed bid " . An email confirmation will be sent when we receive your bid/proposal . Please call Purchasing at 970400 -4222 or 4223 with any questions. 3. INSTRUCTIONS TO = IDDER S : INTRODUCTORY INF 1 R ; Tl C M 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 . : ids by corporations must be signed with the legal name of the corporation , followed by the name of the state of the incorporation and by the signature and title of the president, secretary , or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature . A bid by a person who affixes to his signature the word "president, " "secretary, " "agent, " or other title without disclosing his principal , may be held to be the bid of the individual signing . When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished . A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid . All bidders shall agree to comply with all of the conditions , requirements , specifications , and/or instructions of this bid as stated or implied herein . All designations and prices shall be fully and clearly set forth . All blank spaces in the bid forms shall be suitably filled in . Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms . The Bid Proposal must be filled out completely, in detail , and signed by the Bidder. Late or unsigned bids shall not be accepted or considered . It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1 , entitled , " Notice to Bidders. " Bids received prior to the time of opening will be kept unopened in a secure place . No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified . Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award . Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded . Bidders are expected to examine the conditions, specifications , and all instructions contained herein , failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality . It is also understood that Weld County will give preference to suppliers from the State of Colorado , in accordance with C . R . S . § 30- 11 - 110 (when it is accepting bids for the purchase of any books , stationery , records , printing , lithographing or other supplies for any officer of Weld County) . Weld County reserves the right to reject any and all bids , to waive any informality in the bids , to award the bid to multiple vendors , and to accept the bid that, in the opinion of the toard of County Commissioners , is to the best interests of Weld County. The bid (s) may be awarded to more than one vendor. In submitting the bid , the bidder agrees that the signed bid submitted , all of the documents of the Request for Bid contained herein ( including , but not limited to , product specifications and scope of services) , the successful bidder's response, and the formal acceptance of the bid by Weld County , together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County . The County may require a separate contract, which if required , has been made a part of this RFB . 4. SUCCESSFUL BIDDER HIRING PRACTICES — ILLEGAL ALIENS : Successful bidder certifies , warrants , and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C . R . S . §8- 17 . 5- 102(5)(c) . Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this BID REQUEST #B2 100074 Page 2 Agreement. Successful bidder shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed . If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor do - s not stop employing or contracting with the illegal alien within three (3) days of receiving notice . Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien . Successful bidder shall comply with reasonable requests made in the course of an investigation , undertaken pursuant to C . R . S . §8- 17 . 5- 102(5) , by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program , Successful bidder shall , within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents , and not altered or falsified the identification documents for such employees . Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program . If Successful bidder fails to comply with any requirement of this provision or of C. R. S. §8- 17 . 5- 101 et seq . , County, may terminate this Agreement for breach , and if so terminated , Successful bidder shall be liable for actual and consequential damages . Except where exempted by federal law and except as provided in C . R . S . § 24-76 . 5- 103(3) , if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen ( 18) years of age or older is lawfully present in the United States pursuant to C. R . S . § 24-76. 5- 103(4) , if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C . R . S . § 24-76 . 5- 101 , et seq . , and (c) shall produce one of the forms of identification required by C . R . S . § 24-76 . 5- 103 prior to the effective date of the contract. 5. GENERAL PROVISIONS: A. Fund Availability : Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated , budgeted and otherwise made available . By acceptance of the bid , Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B . Trade Secrets and other Confidential Information : Weld County discourages bidders from submitting confidential information , including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal , clearly denoting in red on the information at the top the word , "CONFIDENTIAL . " However, the successful bidder is advised that as a public entity , Weld County must comply with the provisions of C. R . S . 24-72-2011 et seq . , the Colorado Open Records Act (CORA) , with regard to public records , and cannot guarantee the confidentiality of all documents . The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C . R. S . 24-72-204(3)(a)( IV) (Trade secrets , privileged information , and confidential commercial , financial , geological , or geophysical data) . If Weld County receives a CORA request for bid information marked "CONFIDENTIAL" , staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure . Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified . Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential . C . Governmental Immunity : No term or condition of the contract shall be construed or interpreted as a waiver, express or implied , of any of the immunities , rights , benefits , protections or other provisions , of the Colorado Governmental Immunity Act §§24- 10- 101 et seq . , as applicable now or hereafter amended . _ ,..s .r.,.� -.__.-;a ?iif--`='-'x:r4Y�!Sbtao?ry+.f�5tR*'£4.-e+f'.n'!Y .. . . • gifiva'rt BID REQUEST #B2100074 Page 3 a Independent ContrR ctor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee . He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County . The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees . Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party . The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization , express or implied , to bind Weld County to any agreement, liability or understanding , except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County . E . Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws , rules and regulations in effect or hereafter established , including without limitation , laws applicable to discrimination and unfair employment practices. F . Choice of Law: Colorado law , and rules and regulations established pursuant thereto , shall be applied in the interpretation , execution , and enforcement of the contract . Any provision included or incorporated herein by reference which conflicts with said laws , rules and/or regulations shall be null and void . G . No Third-Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract . It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only . H . Attorney's Fees/Legal Costs : In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I . Disadvantaged Business Enterprises : Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race , color, national origin , sex, age, or disability in consideration for an award . J . Procurement wind Performance : The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services , labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion , and acknowledges that a failure to comply with the standards and requir? ments outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement . K. Term : The term of this Agreement begins upon the date of the execution of this Agreement by County , and shall continue through and until successful bidder's completion of the responsibilities described in the Bid . L . Termination : County has the right to terminate this Agreement , with or without cause on thirty (30) days written n •tice . Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M . E ,tensi * n (Sr }dification : Any amendments or modifications to this agreement shall be in writing signed by both parties . No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services . Accordingly , no claim that the County has been unjustly enriched by any additional services , whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. BID REQUEST #B2100074 Page 4 N . Subcontractors : The successful bidder acknowledges that County i� as entned into this Agreement on reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion . County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection , in its reasonable discretion , shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process . The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O . Warranty : The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards , and that all services will conform to applicable specifications . The bidder warrants that the goods to be supplied shall be merchantable , of good quality, and free :prom defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein . The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens , encumbrances, and security interests . Service Calls in the First One Year Period : The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado , pursuant to this bud for as many service calls as are necessary for the first one ( 1 ) year period after said goods are first supplied to Weld County . Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted : 1 . Detailed equipment specifications to include the warranty . 2 . Descriptive literature. P . ion-Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall , at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County . Q . Interruptions : Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, ,. ,there 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 . P . Non-Exckisive 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 a C. R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge , no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder' s services and the successful bidder shall not employ any person having such known interests . During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in BID REQUEST #B2 et 00074 Page 5 any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion , in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder' s family shall serve on a County Board , committee or hold any such position which either by rule , practice or action nominates, recommends , supervises the successful bidder's operations , or authorizes funding to the successful bidder. T. Sev nPability : If any term or condition of this Agreement shall be held to be invalid , illegal , or unenforceable by a court of competent jurisdiction , this Agreement shall be construed and enforced without such provision , to the extent that this Agreement is then capable of execution within the original intent of the parties . U . Binding Arbitration Prohibited : Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void . V. Board of County Commissh ners of Weld County Approval : This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee . W. Compensation Amount: Upon the successful bidder's successful completion of the service , and County's acceptance of the same , County agrees to pay an amount no greater than the amount of the accepted bid . The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee , or by formal resolution of the Weld X . Taxes : County Board of County Commissioners , as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS : Insurance and Indemnification. Contract Professionals must secure , at or before the time of execution of any agreement or commencement of any work , the following insurance covering all operations , goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period . The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A. M . Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail , return receipt requested . Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten ( 10) days prior. If any policy is in excess of a deductible or self-insured retention , County must be notified by the Contract Professional . Contract Professional shall be responsible for the payment of any deductible or self-insured retention . County reserves the right to require Contract Professional to provide a bond , at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims . The insurance coverages specified in this Agreement are the minimum requirements , and these requirements do not decrease or limit the liability of Professional . The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional , its agents, representatives , employees, or subcontractors . The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages . The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts , duration , or types . The Contract Professional shall maintain , at its own expense , any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County . ._ YJtd. _ .:.4— . fF.y bM+�.r�--�- ^uu-- ^^_.•-..., - _ _ - .ham .� -wo' -. - .,-- ..:. ... BID REQUEST #B2100074 �"'~„ Page 6 The Contract Professional stipulates that it has met the insurance requirements identified herein . The Contract Professional shall be responsible for the professional quality , technical accuracy, and quantity of all services provided , the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall , without additional compensation , promptly remedy and correct any errors , omissions , or other deficiencies . INDEMNITY: The Contract Professional shall defend , indemnify and hold harmless County, its officers , agents, and employees, from and against injury, loss damage , liability, suits , actions , or willful acts or omissions of Contract Professional , or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes , ordinances, retulation , law or court decree. The Contract Professional shall be , fully responsible and liable for any and all injuries or damage received or sustained by any person , persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures ; or in its provisions of the materials required herein , or from any claims or amounts arising ..t recovered under the Worker's Compensation Act, or other law, ordinance , order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation , defense and judgment costs where this contract of indemnity applies . In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities , successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County . A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain , and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts : Workers' Compensation Insurance as required by state statute , and Employer's Liability insurance covering all of the Contract Professional ' s employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County . This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act. , AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form . Commercial General Liability Insurance shall include bodily injury, property damage , and liability assumed under the contract. $ 1 , 000 , 000 each occurrence ; $ 1 , 000 , 000 general aggregate ; $ 1 , 000, 000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $ 1 , 000 , 000 for bodily injury per person , $ 1 , 000, 000 for bodily injury for each accident, and $ 1 , 000 , 000 for property damage applicable to all vehicles operating both tin County property and elsewhere, for vehicles owned , hired , and non-owned vehicles used in the performance of this Contract. Professionall Liabllity (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services . In the event that the professional liability insurance required by this Contract is written on a claims-made basis , Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed . BID REQUEST #B2100074 Page 7 Minimum Limits : Per Loss $ 1 , 000 , 000 Aggregate $ 2 , 000 , 000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement , and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided , a commercial general liability insurance policy, including public liability and property damage , in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal . Proof of Insurance : County reserves the right to require the Contract Professional to provide a certificate of insurance , a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion . Additional Insureds : For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured . Waiver of Subrogation : For all coverages, Contract Professional' s insurer shall waive subrogation rights against County . Subcontractors: All subcontractors , independent Contract Professionals , sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional . Contract Professional shall include all such subcontractors , independent Contract Professionals, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors , independent Contract Professionals, sub- vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference . BID REQUEST #B2100074 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING : JAIL GREASE TANKS This bid is for replacement of the old tank and installation of three (3) new grease tanks for the jail kitchen . The Weld County Jail is located at 2110 O Street, Greeley , CO 80631 . SPECIFICATIONS This is a turn-key removal of the old tank and installation of new grease tanks will include the following : 1 . Plans for the project are attached . 2 . Removal of old grease tank that is buried . 3 . Installation of three ( 3) new grease tanks that are piped together per plan . 4 . Contractor is responsible for pumping of the tank. 5 . The jail kitchen is currently shut down , so this work can be accommodated without the introduction of greases/water during the construction . 6. Contractor is responsible for new concrete and asphalt to restore the drive area as before construction . 7 . Contractor is responsible for all commercial and private utility locates . 8 . Contractor is responsible to coordinate dates when access road to jail rear entrance will be closed . 9 . Contractor is responsible to coordinate all inspections and tie-ins with appropriate agency (e. g . Weld County Inspections , City of Greeley Sewer, etc . ) 10 . Clean up after each day's work is responsibility of contractor. 11 . The projected award date is expected to be March 29 , 2021 . Based on this date, provide expected start and finish dates. 12 . Permits will be through the Weld County Planning and Building Department. If coordinated with Weld County Facilities Department, fees for permits will be waived . 13 . Work will comply with all applicable Federal , State and local laws , ordinances and regulatory requirements. 14 . Bid bond is not required . 15 . Payment and Performance bonds are required should the job exceed $50, 000 . 00 16 . Bidder is expected to enter into a standard County contract. TOTAL START DATE FINISH DATE _" .. _ ':.X - BID REQUEST #82100074 Page 9 The undersigned, by his or her signature, hereby acknowledges and represents that: 1 . The bid proposed herein meets all of the conditions , specifications and special provisions set forth in the request for proposal for Request No. #B2100074 . 2 . The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes . 3 . He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets . 4 . The signed bid submitted , all of the documents of the Request for Proposal contained herein (including , but not limited to , product specifications and scope of services) , and the formal acceptance of the bid by Weld County , together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5 . Weld County reserves the right to reject any and all bids , to waive any informality in the bids , and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid (s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS 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** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES . THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551 -0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE : Elected Official or Department Head Controller/Purchasing Director n+l aysxtr�..ri�.A I.�-. .: - r' AMV. .. Y 7Mc...- ....w...<..- .. .rvyv. . . .. ... -. .... - :.. y.: .^-... - "" . •i_' . .ti'M. i..Yts';r.Yom ' .... .. ... ..� BID REQUEST #62100074 Page 10 ADDENDUM[ #1 BID REQUEST NO . B2100074 JAIL GREASE TANKS Due to impending snowstorm, amend the pre-bid conference date and bid due date/time as follows : A mandatory pre-bid conference will be held on March 22 2021 at 11 ; 00 AM at the Weld County Facilities Department, 1105 H Street, Greeley, CO 80631 . Vendors must participate and record their presence at the pre-bid conference to be allowed to submit bids. We will BB be adhering to current state social distancing guidelines . Bids will be received for the above stated equipment up to , but not later than : March 29, 2021 at 11 : 00 AM (Weld County Purchasing Time Clock) . Due tit O\ lD4 , instead of an " in- person " bad opening , the subrn Bated bads will be read over a Microsoft Teams Conference Cali on N,arch 29, 2021 at 11 : 3 $ MI To join , �.`_c 80 the phone number and enter the Conference BD provided b & w : Phone number: 720439 -5261 Phone Conference OD : 61S /1. 34409 * * * we need signed copy on file. Thank You ! * * * Addendum received by : FIRM ADDRESS CITY AND STATE BY EMAIL March 10, 2021 Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: JAIL GREASE TANKS This bid is for replacement of the old tank and installation of three (3) new grease tanks for the jail kitchen. The Weld County Jail is located at 2110 O Street, Greeley, CO 80631. SPECIFICATIONS This is a turn -key removal of the old tank and installation of new grease tanks will include the following: 1. Plans for the project are attached. 2. Removal of old grease tank that is buried. 3. Installation of three (3) new grease tanks that are piped together per plan. 4. Contractor is responsible for pumping of the tank. 5. The jail kitchen is currently shut down, so this work can be accommodated without the introduction of greases/water during the construction. 6. Contractor is responsible for new concrete and asphalt to restore the drive area as before construction. 7. Contractor is responsible for all commercial and private utility locates. 8. Contractor is responsible to coordinate dates when access road to jail rear entrance will be closed. 9. Contractor is responsible to coordinate all inspections and tie-ins with appropriate agency (e.g. Weld County Inspections, City of Greeley Sewer, etc.) 10. Clean up after each day's work is responsibility of contractor. 11. The projected award date is expected to be March 29, 2021. Based on this date, provide expected start and finish dates. 12. Permits will be through the Weld County Planning and Building Department. If coordinated with Weld County Facilities Department, fees for permits will be waived. 13. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 14. Bid bond is not required. 15. Payment and Performance bonds are required should the job exceed $50,000.00 16. Bidder is expected to enter into a standard County contract. TOTAL $ Z2-2307, Do START DATE /144 V 4 002- l FINISH DATE Jail c 15, zo2-1 BID REQUEST M32100074 Page 9 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100074. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM TCC Corporation BY Ernie Crownover (Please print) BUSINESS ADDRESS 609 Gyrfalcon Court, Unit D DATE March 29, 2021 CITY, STATE, ZIP CODE Windsor. CO 80550 TELEPHONE NO 970-460-0583 FAX 970-460-0871 TAX ID # 84-0964449 SIGNATURE E-MAIL ecrownover@tcccoro.net **ALL BIDDERS SHALL PROVIX A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU Lao NOT NEED TO SEND BACK PAGES 1- B. ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B2100074 Page 10 ADDENDUM#1 BID REQUEST NO. B2100074 JAIL GREASE TANKS Due to impending snowstorm, amend the pre -bid conference date and bid due date/time as follows: A mandatory pre-bld conference will be held on March 22.2021 at 11:00 AM at the Weld County Facilities Department, 1105 H Street, Greeley, CO 80631. Vendors must participate and record their presence at the pre -bid conference to be allowed to submit bids. We will be adhering to current state social distancing guidelines. Bids will be received for the above stated equipment up to, but not later than: March 29.2021 at 11:00 AM (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 March 29, 2021 at 11:30 AM. To join, call the phone number and enter the Conference ID provided below: Phone number: 720-439-5261 Phone Conference ID: 619134409 ***We need signed copy on file. Thank You!*** Addendum received by: TCC Corporation FIRM 609 Gyrfalcon Court. Unit D ADDRESS Windsor. CO 80550 CITY AND STATE Frnie Crnwnover BY Z ecrownoverptcccorp. net EMAIL. March 10, 2021 Form (Rev. October 2018) Department of the Treasury Internal Revenue Service W-9 Request for Taxpayer identification Number and Certification ► Go to www.be.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. YQ ■ a O Es 6 1 Name tee shown on your axone tax mho), Name* rent on **In* do not leave this the blouse. TCC Corporation 2 Business nernolderogentodWelly name, tiddler -en) from above 3 Check appropriate box for federal tax daeeilicatlon of the person whose name is entered on Ilne 1. Check only one of the following seven boxes. ❑ IndIVIdUBVade proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Tresi/ostato single -member LLC ❑ Limned liability company. Enter the tax classification IC•C corporation, S=8 corporation, P.Partnership) ► Nate: Check thespian*** ban in the One above for the tax dassekation of the ei+gle•metnba owner. Oo not clack LLC If the LLC la classified se a single -member U.C out is dtereperOM hom me owner unless pie OWNS of the LLC e another LLC that its net disregarded from the owner for U.S. Wend tut purposes. Otherwise, a single -mamba LLO shot le disregarded from the owner aho uld check the appropriate bah for the tax classification of its owner (_I Mee a Address (number, street. and apt, or $01011104 609 GWtainon Court, Unit D e City, state. one zip code Windsor, CO 60580 7 List'WWII nemeses) fens (apeman 8. EMBIE_Tyttr Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For Individuate, this is generally your social security number (SSN). However. for a resident ellen, sole oroprletor, or *regarded entity, NO the InatntcUona for pert t, later. For Other entices, It Is your employer Identification number (EN). It you fo not have a number, see How to get a TIN, later. Note: If the account ie in more than one name, sae the Instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter 4 Exemptions (codes apply only to certain entitles, not Individuals; sea Instructions on page 3): Exempt payee code (il any) Exemption from FATCA reporting code (it any) Opens, m aceuuMv maN,,.r•d uono• e+e u sr Raaauestm t none and aQ WAWA I_ Sochi security number LIT -[l -LEM i Employer Mentlaoetbn mimbre B 4 0 9 6 4 4 4 9 ® _ Certification_ -- I Inder penalties of perkier, 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)1 have not been notified by the Internal Revenue Service (IRS) that 1 am subject to beckup withholding as a recruit 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. olUzen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form Of any) Indicating that I am exempt from FATCA reporting le correct. Carta:Won Inenuotions. 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, paymente other than interest and dvidends, you are not required to sign the certification, but you must provide your correct TIN. Sea the instructions for Part II, later. Sign Ineneture of F Here a a. pesos* * General Instructions Section references are to the Internal Revenue Code unless othern'lse noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.lrs.,govrFormW9. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TiN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (AT1N), or employer identification number (EIN), to report on an information return the amount peed to you, or other amount reportable on an Information return. Examples of information returns Molude, but are not limited to, the following. • Form 1099 -INT (Interest earned or paid) DM M. /ev/z. z� • Form Il199-DIV (dividends, including those from stocks or mutual funds) • Form 1098-M1u^C (various types of income, prizes, awards, or gross proceeds) • Form 1039-8 (stock or mutual fund sales and certain other transactions ey brokers) • form 1049-S (proceeds from real estate transactions) • Form 1099•K (merchant cord and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of seourea property) Use Form W-9 only i9 you are a U.S. person (Including a resident alien) to provide your correct TIN. it you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See Whet is backup withholding, facer. Cat No. 10231x Form W-9 Sam le -2018) TCCCORP-01 BPAULING ASR© CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/TYYY) 4/2/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(st. PRODUCER Renaissance Insurance Group PO Box 478 Windsor, CO 80550 INSURED TCC Corporation PO Box 567 Windsor, CO 80550 garcT Brooke Fouling PRONE , Est): (970) 545-3592 Mss,brooke@reninsurance.com INSURER(S) AFFORDING COVERAGE INSURER .A:Selective Insurance Co. INSURER B.:Pinnacol Assurance INSURER C: Zurich American Insurance Co INSURER D : INSURER E INSURER F : FAX (NC, No): NAIC / 39926 41190 LATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL.SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMMNO/YYYYI IMMIDDITYYY1 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 CLAIMS -MADE X OCCUR S 2322362 12/15/2020 12/15/2021 DAMAGE TO RENTED 5p0�0pp X X _PREMISES (Ea occurrence)_ $ MED EXP (Any one person) $ 15,000 PERSONAL. B. ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 3,000,000 POLICY X PEST LOC PRODUCTS - COMpApp ACC S 3'000'000 !:OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident $ X ANY AUTO X X S 2322362 12/15/2020. 12/15/2021 BODILY INJURY (Per person)_ $ _.... __, _... OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY _ _ AU -OS BODILY X AUTOS ONLY X AUTOS ONLY (PROPERTYPer nt� 'E $ $ A X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 3'000'000 EXCESS UAB CLAIMS -MADE S 2322362 12/15/2020 12/15/2021 AGGREGATE $ 3'000'000 DED RETENTION $ $ OTH- B WORKERS COMPENSATION X $TATIJTE ' OE AND EMPLOYERS' LIABILITY 4021079 7/1/2020 7/1/2021 500,000 YIN X ANY E L. EACH ACCIDENT $ �FICER/M IETggOEERRR/EXCLUDED? ECUTIVE N NIA (Mandatoryin NH) E . DISEASE - EA EMPLOYEE $ 500'000 If yes, describe under 500,000 DEsomPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ A LeasedlRented Equip S 2322382 12115/2020 12115/2021 Deductible - $1,000 100,000 C Builders Risk ER14758207 4/10/2020 4/10/2021 Deductible - $5,000 7,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Jail Grease Tanks If required by written contract or agreement, the Board of County Commissioners of Weld County, Colorado, its officers, & employees are included as additional insured with respect to General Liability & Auto Liability. A waiver of subrogation applies in favor of the additional insureds with respect to General Liability, Auto Liability, & Workers' Compensation. Umbrella follows form. CERTIFICATE HOLDER CANCELLATION Board of County Commissioners of Weld County, Colorado 1150OSt Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Farm New Contract Request Entity Information Entity Name* TCC CORPORATION Contract Name* JAIL GREASE INTERCEPTOR Contract Status CTB REVIEW Entity ID* ',00034361 Contract Description* REMOVE Si REPLACE GREASE INTERCEPTOR TANKS AT THE JAIL Contract Desorption 2 Contract Type* CONTRACT Amount* 3222,307.00 Renewable* NO Automatic Renewal Grant IGA ❑ New Entity? Contract ID 4616 Contract Lead* SGEESAMAN Contract Lead Email sgeesamanc�co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 04,03 2021 04;07;2021 Department Email CM- BuildingGroundsckPweldgo`Q.c om Department Head Email CM-BuildingGrounds- DeptHeadt^weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY nVELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* 62100074 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* 07/05; 2021 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 07%05/2021 Contact Information Contact Info Contact Name Purchasing Purchasing Approver ROB TURF Approval Process Department Head TOBY TAYLOR DH Approved Date 04/0612021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04112;2021 Originator SGEESAMAN Contact Type Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date 04/07,2021 Hnance Approved Date 04 07r'2021 Tyler Ref # AG 041 221 Legal Counsel BOB CHOATE Legal Counsel Approved Date 04'0712021 RESOLUTION RE: APPROVE EMERGENCY BID #B2100074, JAIL GREASE TANKS, AND WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION - FACILITIES DEPARTMENT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Purchasing Department has requested waiver of the ten-day waiting period for Emergency Bid Request #B2100074, Jail Grease Tanks, for the Facilities Department, due to the Weld County Jail kitchen operating at a temporary facility until said grease tank is replaced for restoration of full meal service, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said emergency bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Emergency Bid Request #B2100074, Jail Grease Tanks, for the Facilities Department, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from TCC Corporation, in the amount of $222,307.00, be, and hereby is, accepted on an emergency basis. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of March, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dat/LeA) je o%e1 Weld County Clerk to the Board BY: APP eputy Clerk to the Board Y At Y Date of signature: 04 /0 7/2 reno, Chair Steve Sc•� rry B Lori Saine CC'. E6(rr/S0 04/07/2,1 mes, Pro - 2021 -0923 PO0023 BG0023 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 29, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Jail Grease Tanks Recommendation; B2100074 As advertised this bid is for replacing a failed grease tank for the Jail's Kitchen. The low bid is from TCC Corporation and meets specifications. Therefore, Building and Grounds recommending the award to TCC Corporation in the amount of $222,307.00 In addition, the Facilities Department is requesting emergency approval of this bid in accordance with Weld County Code Section 5-4-110 that allows waiving the 10 -day waiting period for emergency purchases. The reason the request is for emergency approval is that the Jail Kitchen is operating at a temporary facility until this tank can be replaced. And restoration of full meal service is desired as soon as practical. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2021-0923 O3/31 PUooa3 (3Gooa 3 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmpetersweldcov.com E-mail: reverett(c�weldoov.com E-mail: rturf(a weldcov.com Phone: (970) 400-4223, 4222 or 4216 DATE OF BID: MARCH 29, 2021 REQUEST FOR: JAIL GREASE TANKS DEPARTMENT: FACILITIES BID NO: B2100074 PRESENT DATE: MARCH 31, 2021 APPROVAL DATE: MARCH 31, 2021 (EMERGENCY APPROVAL) VENDOR TOTAL START DATE FINISH DATE TCC CORPORATION $222,307.00 05/01/2021 06/15/2021 609 GYRFALCON CT, UNIT D WINDSOR, CO 80550 GROWLING BEAR CO INC $279,862.00 04/30/2021 10/31/2021 2330 4TH AVE GREELEY, CO 80631 ROCHE CONSTRUCTORS, INC $378,700.00 04/19/2021 06/28/2021 361 71ST AVENUE GREELEY, CO 80634 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 03/ 3 I �O`al-o9 a3 PO 0003 6GOO@3 Hello