The URL can be used to link to this page

Browse Search

Home My WebLink About20212703.tiffC'tmfrnd- I b 45 35O SERVICE AGREEMENT BETWEEN WELD COUNTY AND AXIS ELECTRICAL SERVICE, LLC GREELEY BUSINESS PARK WATER WELL CONTROL SYSTEM REPLACEMENT THIS AGREEMENT is made and entered into this if lay of ooveri ian/ , 2021, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and Axis Electrical Services, LLC hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; 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 attached 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 based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2100119. Exhibit B consists of Contractor's Response to County's Request. 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 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 ends one year later. 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 acyle441-- tLipidoz._ aoa►-27O "g(ldoa3 written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. 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 completed or partially completed Work 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 Amendment. 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. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $60,100.00 as set forth in the 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 2 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 the 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. Warranty. Contractor warrants that the Work 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 Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. 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 and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy 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 exists 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. 11. 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. 3 Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of 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; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor 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. b. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, 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 their 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. 12. 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 4 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. 13. 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. 14. 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. Contractor agrees to maintain these documents for three years from the date of the last payment received. 15. 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. 16. Notices. 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 and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CON TRACTOR: Name: Matt Brown Position: Managing Member Address: 8101 W. I-25 Frontage Rd. Unit # 2 Address: Fredrick, Co. 80516 E-mail: matt@axiselec.com Phone: 303-776-1633 5 TO COUNTY: Name: Position: Address: Address: E-mail: Phone: Toby Taylor Director 1105 H Street Greeley, Co. 80632 ttaylor@weldgov.com 970-400-2020 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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 requirements) shall survive any such expiration or termination. 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 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. 6 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 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 or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not 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 subcontract 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. 7 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. 29. 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. 30. 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. 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, 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. CONTRACTOR: Axis Electrical Service, LLC Matt Brovun Name: Matthew E. Brown Title: Managing Member 10/27/2021 Date of Signature WELD COUWA .a a ATTES' BOARD OF COUNTY COMMISSIONERS Weld o Clerk to the B'-ard WELD COUNTY, COLORADO B Deputy Clerk t 8 Scott K. James, Pro-Tem NOV 0 8 2021 ao0zi-a 763 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: AUGUST 13, 2021 BID NUMBER: B2100119 DESCRIPTION: GREELEY WATER WELL CONTROL SYSTEM REPLACEMENT DEPARTMENT: FACILITIES PRE -BID CONFERENCE: AUGUST 24, 2021 BID OPENING: SEPTEMBER 10, 2021 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: GREELEY WATER WELL CONTROL SYSTEM REPLACEMENT A mandatory pre -bid conference will be held on August 24, 2021 at 1:00 PM at the Weld County Facilities Department, 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre - bid conference to be allowed to submit bids. Bids will be received for the above stated merchandise, equipment, and/or services up to, but not later than: September 10, 2021 at 11:00 AM (Weld County Purchasing Time Clock). The su mfaited bids gat be read Teams 1� ""�.. A g^'i � �at Gt hF� r, (MDT a-� join, over aMicrosoft ft Teams Conference Can on ,eptember iQ 202 t. 1 1: AM (MD � )o o join, ca phone number and enter the Conference ID provided be&ow: Phone number: 720439-5261 39-526` Phone Conference RD: 717279 99 Ithe PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County: 1. Email. Emailed bids are required. Bids may be emailed to bids@weldgov.com. Ifyour 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: "I hereby waive my night to a sealed bid". An email confirmation wil oe sort when we receive your bid/proposal. Please call Purchasing at 970403=4222 222 r 4223 with ary 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 nis usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by ore of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. :yids by corporations must be signed with the legal name of the corporation, followed by the name if the state of the incorporation and by the signature ind title of the president, secretary, or other person authorized to bind it in the m-tter. 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, satisfactory evidence of the authority of the officer signing i,n 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 c•mp y with ill of the conditions, requirements, specifications, an•i/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 indicates 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 ,• r 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 ao the time indicated in Section 1, entitled, "Notice to Bidders." Bids receivec prior to the time of opening will be kept unopened in secure place. No responsibility will attach to the Weld County Cntroller for the prema,ure opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said request being received Arom 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.G.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 c.�ny and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the docum nts of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), :he formal acceptance of the bid by Weld County, and signature of the Chair of the Beard of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4o SUC'I, ES U BUDDER CAKING PCTOCES ® ILLEGN _ ,OENCS Successful bidder certifies, viarrants, and agrees that it does not knowingly employ or contract ith 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 es': blished pursuant to C. ".S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ oar contract with n illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that BID REQUEST #B2100119 Page 2 the subcontractor shall not knowingly employ or cortract with an illegal alien to perform work ander this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. if Successful bidd r 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 id shall terminate the subcontract if a subcontractor does not st,•-p employing o r contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shah lot terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has n ot knowingly employed oar 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 d•-cumerTts, and not altered or falsified the identification documents for such employees. Successful aidder shall deliver to County, a written notarized affirmaticrc 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. .S. §8-17.5- 01 et seq., County, may terminate this Agreement for breach, nd if so terminates, Successful bidder shall be liable for actual and consequential damages. it ti. Except where exempted by federal Iw and except as provided in C.R.S. § 24-76.5-103(3), i 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 ir 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 Stares o r is otherwise lawfully present in the Jnited Sty rites pursuant to federal law, (b) shall produce one .f 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. GENE' : L 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 avail ble. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. l _ he bidder is responsible for ensuring that all information cottainS within the confidenti al 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 "CO,'FIDLNTIAL", 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 n ot 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 r implied, of any if the immunities, rights, benefits, protec',ions or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended * ID REQUEST #B2100119 Page 3 D. independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any 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. Compiiance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulaions 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 Csts: 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 and 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 requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. 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. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been BID REQUEST #B2100119 Page 4 unjustly enric the basis of a bed by any additional services, whether or not there is in fac ny increase in the compensation payable hereunder any such unjust enrichment, shall be N. Subcontractors: The successful bidder acknowledges that Cunty nas entered into this Agreement in reliance upon the particular reputation .end expertise of the successful bidder. The successful bidder shall n enter into any subcontractor agreements for trig completion of this Project without :;c,unty's pri r written consent, which may torwithheld in County's sole discretion. County siall have the right in its reasonable discretion to aoprcve all personnel assigned to the subject Pro:ect during the performance of this Agreement and no personnel to wh.m County has an objection, in its reasonable discretion, shall be assigned --a*the Project. The successful bidder shall require each subcontr actor, . s approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successfu bidder by the terms of this Agreement, find to assume toward the successful bidder all the ob igations and responsibilities which the successful bidder, by this greement, assumes toward County. County snail have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontract: r 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 subc,*ntractors. w O. arrarty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and thr provisions of this Agreement. he successful bidder further represents and warrants the $t all services shall be poi.rmed by qualified personnel in a orttessional and workr wnlike manner, consistent with industry standards, and that a I services will conform t`., applicable specifications. In additior to the foregoing warranties, Contractor is aware .nit all wor< performed on this Project Pursuant to this Agreement is subject t a one-year warranty peri.d daring which Contractor must correct any f.ilL res or d:-ficiencies caused by contractor's workmanship or perforrmance. The bidder warrants that the goods t. be supplied shall be merchantable, of good cuality, and free from defects, whether patent .•;r latent. The goods shall be sufficient for the purpose intended and conform so the minimum specificaherein. 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 We o Colorado, pursuant to this bid for as many service calls as area necessary for :ne first one ,(`) year period after said goods are first supplied to Weld County. idder shall submit with their bids the submitted: 2. P. therein .r claim thereunder, without tie prior ritten approval of County. Any :attempts by the successful bidder to assign .r transfer its rights hereunder withut such prior approval by county stall, at the optin of County, automa,ically terminate His Agreement and all rights of the successful bidder hereunder Such consent may be granted or cet lied at the sole and absolute discretion of County. Detailed equipment specificati escriptive liter,3ture. * ollowing information pertaining to the equipment upon which the bids are ns to include the warranty. Nonas&ugnment: The successful bidder may not assign or transfer this Agreement or any interest 0. Unterruptoor : Neither party to this Agreement shall be liaole 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 reas nablcontrol, including but not limited t Acts of ': sd, fires, strikes, war, food, earthquakes or governmental acsi.ns. R. Noi -Exc contractors or p use Agreement: This Agreement is nonexc usive and County may engage or use ther rsons to perfrm services of the same or similar n ure. S. lrhmpDoyee Financiafl !rater ftJCC. onffjct of Dnterrest m Co o . §24=1=21I.1 et seq. and §24-50-5x`17. The signatvies t. this Agreement agree that t tneir knoledge, no e mployee of Weld County has any person.) or BID REQUEST #B2100119 Page 5 beneficial inm r..st whats,ever in the service or property which is the sub ect matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that wuld 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 tf this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which ` ctually conflicts with or in 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 sla discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's .perations, or authorizes funding to the successful bidder. t_. 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 enf,•-rced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration ProhU toted: 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 CommSS&loners of V&kl C unty / proval: This Agreement shall not be valid until it has been approved by :he Board of County Commissioners a? Weld County, Colorads or its designee. W. Cornpensatoon Amount: Upon the successful bidder's successful completion of the service, and County's accepaance of the same, County agrees to pay an am••)unt no greater than the amount of the iiccepted 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 County Board of County Commissioners, rs required pursuant to the Weld County Code. 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. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution if any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agree rnent, or any extension thereof, and during any warranty period. Threquired 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 abve- cescribed policies by canceled .r should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller 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 Successful bidder. Successful bidder shall be responsible forthe payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a 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 Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, BID REQUEST #B2100119 Page 6 maintain higher limits and/o,r broader coverages. The successful bidder is not relieved f any liability or ,•-then o bligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional 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. 0 The successful bidder stipulates that it has met the insurance requirements identified herHn. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery f said sices, and the coordinaion of :ill services rendered by the successful bidder and shall, without dditional compensation, promptly remedy and correct any errors, •missions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and o mployees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising o ut of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising o r recovered under workers' compensation law or arising out of the failure of the success -Ill bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, ,or on account of or in consequence .f neglect of The successful bidder in its methods or procedures; or in ils provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration o r termination hereof. It is agreed that the successful bidder will be responsible for prim ry loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of :he award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associates and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder'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 successful biddr or subcontractor is exempt uncer Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, said defense costs, with the minimum limits must be 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 utom bHe Liability: Successful bidder shall maintain limits f $1,000,000 for b dily 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. ,1 Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form anc. company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. BID REQUEST #B2100119 Page 7 Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B2100119 Page 8 GREELEY WATER WELL CONTROL SYSTEM REPLACEMENT GREELEY BUSINESS PARK The well pump controls panel at the Weld County's Greeley Business Park has failed. This bid is for replacement of the control system to restore irrigation capabilities. The well for the Greeley Business Park is located just west of 1105 H Street, Greeley, CO 80631. SCOPE OF WORK The scope of work shall include the following as a minimum. Should a contractor wish to substitute items, then the contractor must submit a line -by-line comparison with a column of the specified equipment along with a column of proposed replacement. In addition, the contractor must submit cutsheets for each proposed supplemental item. It should be noted that Weld County reserves the right to reject any supplemental equipment and bids with supplemental equipment. The bid should include the following as a minimum and include all items necessary to make operational: 1. Install SyncroFlo VFD Eagle 2 pump control panel for use with (2) 30 Hp motors. Designed for 460/60/3 phase power 2. The UL Listed control panel will be electrically tested and is intended for indoor installation by others on SyncroFlo pump system production number 991173. 3. POWER & CONTROL PANEL ITEMS: a. 1 ea UL type 4X control panel enclosure with locking door handle b. 1 ea Heat Exchanger with built-in thermostat c. 1 ea Main circuit breaker with through the door rotary operating handle d. 1 ea UL 1449 SPD type surge / lightning arrestor e. 2 ea Motor circuit protectors - for the main pump ATL starter circuits f. 2 ea Sets of interlocking contactors - for ATL/VFD operation of the main pumps g. 1 ea Circuit breaker - for the VFD fault protection h. 1 ea Line contactor - for VFD line side isolation i. 1 ea PWM type, enclosed, IGBT inverter or VFD with DC buss reactor (ABB ACQ580) J. 1 ea Voltage and phase monitor - plug in type k. 1 ea 120 VAC control power transformer with primary circuit breaker 1. 2 ea Control circuit breakers m. 2 ea Interface relays n. 1 ea 24 VDC power supply o. 1 ea Control panel thermostat p. 1 ea Alarm light / reset push button q. 1 ea Programmable controller with DC inputs, relay outputs, analog inputs & output, nonvolatile memory, & Modbus port r. 1 ea NEMA-4 Operator interface terminal s. 1 ea Set of software functions including: classic operator controls, flow rate, level, pressure, & speed readouts, advanced PID speed control with dead band and accelerator functions, successive pump alternation, sequence shifting function that adjusts pump sequencing when any pump is out of service, self -pressurizing mode, energy saving mode, VFD setup and test modes, digital manual speed control, total pump starts and run hours; total gallons, gallons per day history, alarm light test, comprehensive alarm status list, alarm history snapshot records, & misc. others. t. 1 ea Set of station alarms Including: power failure, irregular power, leak detection, low system pressure, high system pressure, high flow rate, low level, inverter fault, (4) motor overload, (4) a?t'A_ q. .... .J.. 2�.', ai"�'.iw,'.::Z.�:1 "gA•,ItedS.. .i n179'-'i li'f .11Nti.!J' 4YrYLo:4 "_4 Y�..0.:>7! 'Aq:J1. BID REQUEST #B2100119 Page 9 contactor fault, high panel temperature, flow meter fault, pressure transducer fault, level transducer fault, display fault, & (4) PLC fault. u. 1 ea Dry contact output signal for: General alarm v. 1 ea Warrick Level Control Relay w. 1 ea Frequency type pressure transmitter with SS housing x. 1 ea Installation, operation, & maintenance manual on PDF y. 1 ea Factory electrical testing z. 1 ea Freight to job site via common carrier van — unloading not included aa. 1 ea 1 Year parts warranty on complete control panel from startup — 15 months max. from shipment 4. Contractor shall demo existing equipment and install Control Panel, Flow Meter, Level Transducer, Wire & Conduit, Start-up and Calibration 5. Contractor shall perform start-up, calibration and product training. 6. Work shall comply with all applicable Federal, State, and local laws, ordnances, and regulatory requirements 7. Permits will be through Weld County Planning Department. Fees for permitting will be waived with coordination through the Facilities Department. 8. Payment and Performance bond is required for bids over $50,000. 9. Bid bond is not required. TOTAL $ START DATE: FINISH DATE: OPTIONAL FEES (Describe) $ _ .�n BID REQUEST #B2100119 Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100119. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE FAX TAX ID # **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF 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 BID REQUEST #B2100119 Page 11 Exhibit B GREELEY WATER WELL CONTROL SYSTEM REPLACEMENT GREELEY BUSINESS PARK The well pump controls panel at the Weld County's Greeley Business Park has failed. This bid is for replacement of the control system to restore irrigation capabilities. The well for the Greeley Business Park is located just west of 1105 H Street, Greeley, CO 80631. SCOPE OF WORK The scope of work shall include the following as a minimum. Should a contractor wish to substitute items, then the contractor must submit a line -by-line comparison with a column of the specified equipment along with a column of proposed replacement. In addition, the contractor must submit cutsheets for each proposed supplemental item. It should be noted that Weld County reserves the right to reject any supplemental equipment and bids with supplemental equipment. The bid should include the following as a minimum and include all items necessary to make operational: 1. Install SyncroFlo VFD Eagle 2 pump control panel for use with (2) 30 Hp motors. Designed for 460/60/3 phase power 2. The UL Listed control panel will be electrically tested and is intended for indoor installation by others on SyncroFlo pump system production number 991173. 3. POWER & CONTROL PANEL ITEMS: a. 1 ea UL type 4X control panel enclosure with locking door handle b. 1 ea Heat Exchanger with built-in thermostat c. 1 ea Main circuit breaker with through the door rotary operating handle d. 1 ea UL 1449 SPD type surge / lightning arrestor e. 2 ea Motor circuit protectors - for the main pump ATL starter circuits f. 2 ea Sets of interlocking contactors - for ATL/VFD operation of the main pumps g. 1 ea Circuit breaker - for the VFD fault protection h. 1 ea Line contactor - for VFD line side isolation i. 1 ea PWM type, enclosed, IGBT inverter or VFD with DC buss reactor (ABB ACQ580) j. 1 ea Voltage and phase monitor - plug in type k. 1 ea 120 VAC control power transformer with primary circuit breaker 1. 2 ea Control circuit breakers m. 2 ea Interface relays n. 1 ea 24 VDC power supply o. 1 ea Control panel thermostat p. 1 ea Alarm light / reset push button q. 1 ea Programmable controller with DC inputs, relay outputs, analog inputs & output, nonvolatile memory, & Modbus port r. 1 ea NEMA-4 Operator interface terminal s. 1 ea Set of software functions including: classic operator controls, flow rate, level, pressure, & speed readouts, advanced PID speed control with dead band and accelerator functions, successive pump alternation, sequence shifting function that adjusts pump sequencing when any pump is out of service, self -pressurizing mode, energy saving mode, VFD setup and test modes, digital manual speed control, total pump starts and run hours; total gallons, gallons per day history, alarm light test, comprehensive alarm status list, alarm history snapshot records, & misc. others. t. 1 ea Set of station alarms Including: power failure, irregular power, leak detection, low system pressure, high system pressure, high flow rate, low level, inverter fault, (4) motor overload, (4) BID REQUEST #62100119 Page 9 contactor fault, high panel temperature, flow meter fault, pressure transducer fault, level transducer fault, display fault, & (4) PLC fault. u. 1 ea Dry contact output signal for: General alarm v. 1 ea Warrick Level Control Relay w. 1 ea Frequency type pressure transmitter with SS housing x. 1 ea Installation, operation, & maintenance manual on PDF y. 1 ea Factory electrical testing z. 1 ea Freight to job site via common carrier van — unloading not included aa. 1 ea 1 Year parts warranty on complete control panel from startup — 15 months max. from shipment 4. Contractor shall demo existing equipment and install Control Panel, Flow Meter, Level Transducer, Wire & Conduit, Start-up and Calibration 5. Contractor shall perform start-up, calibration and product training. 6. Work shall comply with all applicable Federal, State, and local laws, ordnances, and regulatory requirements 7. Permits will be through Weld County Planning Department. Fees for permitting will be waived with coordination through the Facilities Department. 8. Payment and Performance bond is required for bids over $50,000. 9. Bid bond is not required. TOTAL $ 60,100.00 3 -weeks after receipt START DATE: of equipment 3 -weeks after receipt FINISH DATE: of equipment OPTIONAL FEES (Describe) $ N/A BID REQUEST #62100119 Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2100119. 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. beet interests of Weld County. The bid(s) may be awarded to more than one vendor. - FIRM Axis Electrical Services, LLC. - A Colorado Company BUSINESS ADDRESS 8101 W. 1-25 Frontage Rd., Unit #2 CITY, STATE, ZIP CODE Frederick. CO 80516 TELEPHONE NO 303-776-1633 FAX 303-776-1653 TAX ID # 27-3200819 PRINTED NAME AND TITLE Matt Brown / Managing Member SIGNATURE E-MAIL Matt@axiselec.com DATE 9/10/2021 **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller BID REQUEST #B2100119 Page 11 Form IN -9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.lrs.gov/FormW9 for instructions and the latest Information. Give Form to the requester. Do not send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Axis Electrical Services, LLC 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. O O Individual/sole proprietor or single -member LLC Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► S Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see Instructions) ► O C Corporation O S Corporation ❑ Partnership O Trust/estate 4 Exemptions (codes apply only to certain entities, not individuals; see Instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside Me U.9.) 5 Address (number, street, and apt. or suite no.) See instructions. 8101 W. 1-25 Frontage Road, Unit #2 6 City, state, and ZIP code Frederick, CO 80516-9427 Requester's name and address (optional) 7 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 line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Part II Social security number or Employer Identification number 2 7 3 2 0 0 8 1 9 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 for Part II, later. Sign Here Signature of U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► //p o Z o hose from stocks (dividends, including • Form 1099-DIV g or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) ACRE® CERTIFICATE OF LIABILITY INSURANCE `„�'" DATE(MM/DD/YYYY) 10/21/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Risk Solutions 6600 E Hampden Ave Ste 200 Denver CO 80224 CONTACT NAME: Rebecca Leatherman PHONE I FAX IA/C. No. Eat): 303-996-7853 (A/C, No): 303-996-7851 ADDRESS: rleatherman@crsdenver.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Westfield Insurance 24112 INSURED AXISE-1 Axis Electrical Services, LLC 8101 W. 1-25 Frontage Rd., #2 Frederick CO 80516 INSURER B : Columbia Casualty Company 31127 INSURERC: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1482821963 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 LTRINSD TYPE OF INSURANCE ADDL SUER MD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CWP4462197 4/1/2021 4/1/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES JECT PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY CWP4462197 4/1/2021 4/1/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CWP4462197 4/1/2021 4/1/2022 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 $ DED X RETENT ON $ NfNF WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N /A PER I I OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A B Lease/Rented Equip Special Form/ACV Prof/Poll CWP4462197 CEO6076249375 4/1/2021 4/1/2021 4/1/2022 4/1/2022 Limit Ded Limit/Occurrance $50,000 $500 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project: Greeley Business Park Water Well Control System Replacement CERTIFICATE HOLDER CANCELLATION Weld County (Facilities Department) 1105 H Street 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 Form ew Contract Request Entity Information Entity Name* tity ID* AXIS ELEC, I RICAL SERVICES LLC 'l00044537 Contract Name* GREELEY BUSINESS PARK WA I ER WELL CONTROLS REPLACEMENT Contract Status CTB REVIEW Contract Description* WA I ER WELL CONTROLS REPLACEMENT GREELEY B21001 19 Contract Description 2 Contract Type CONTRACT Amount* 550,100.00 Renewable* NO Automatic Renewal nt BUILDINGS AND GROUNDS Department Email CM- BuiIdingGrounds@weldgov.c om Department Head Email CM-BuildingGrounds- DeptHead'weldgay.com County Attorney GENERAL COUNTY Al I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY@WELDG OV.COM ❑ New Entity? Contract ID 5350 Contract Lead* SGEESAMAN Contract Lead Email sgeesarnan@co.weld.co.us Requested BOCC Agenda Date* 1 1 01 `2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 10/28/2021 Will a work session with BOCC be required? NO Does Contract require Purchasing Dept. to be included? YES Sid / RFP it* B2100119 If this is a renewal enter previous Contract ID If this is part of a MCA enter PISA Contract ID 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* 12,31?2021 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date' 12,`31,2021 Contact Information Contact Info Contact Name Purchasing Purchasing Approver ROB TURF Approval Process Department Head TOBY TAYLOR DH Approved Date 10, 28.2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 1 1 08.'2021 Originator SGEESAMAN Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone 1 Purchasing Approved Date 11;01 :2021 finance Approved Date 10,:282021 Tyler Ref # AG 110821 Legal Counsel BOB CHOATE Contact Phone 2 Legal Counsel Approved Date 10:28'2021 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 September 20, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Greeley Water Well Control System; B2100119 As advertised this bid is for the replacement of the irrigation water well control system at the Greeley Business Park well. The low bid is from Axis Electrical Services LLC and meets specifications. Therefore, Facilities is recommending the award to Axis Electrical Services LLC in the amount of $60,100.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director ao&t- a1o3 moo a3 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmDeters(weldgov.com E-mail: reverettCa�weldgov.com E-mail: rturfc weldgov.com Phone: (970) 400-4223, 4222 or 4216 DATE OF BID: SEPTEMBER 10, 2021 REQUEST FOR: GREELEY WATER WELL CONTROL SYSTEM REPLACEMENT DEPARTMENT: FACILITIES BID NO: B2100119 PRESENT DATE: SEPTEMBER 15, 2021 APPROVAL DATE: SEPTEMBER 29, 2021 VENDOR AXIS ELECTRICAL SERVICES, LLC 8101 WI -25 FRONTAGE RD, UNIT #2 FREDERICK, CO 80516 START END OPTIONAL TOTAL DATE DATE FEES $60,100.00 3 Weeks After 3 Weeks After N/A Receipt of Equip Receipt of Equip HERBERT INSTRUMENTATION SERVICES, LLC $66,528.00 11/29/21 12/13/21 N/A 5398 CENTENNIAL CT WINDSOR, CO 80550 CORVINUS GROUP, LLC 12360 W 49TH PLACE WHEAT RIDGE, CO 80033 $77,480.00* 09/20/21** 12/13/21 NONE *TOTAL INCLUDES $2,980.00 FOR BONDING **START DATE DEPENDS ON WHEN PROJECT IS AWARDED. THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. O9/15 2021-2703 3&00D3 Hello