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Home My WebLink About20210957.tiffCian-trotc,+ MO 4(01(a ^1 Co 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 May 17, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Public Works — Mag Chloride Tanks; B2100073 Hallmark, Inc. was awarded this bid for replacement of the existing Magnesium Chloride Tanks in Kersey & Greeley. The cost of raw materials to build the tanks increased 4%, ($17,140.00), from the time the bid was submitted to the time the bid was awarded. Therefore, the Facilities Department is recommending approval of the change order in the amount of $17,140.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 1O,,,/ o,,/ to -,,,,2-/ e&, 6/,`I &) 1,,`,4-/ o2o l - D q57 64 0b.V3 Date: CHANGE ORDER #1 TO SERVICE AGREEMENT BETWEEN WELD COUNTY AND HALLMARK INC. May 17, 2021 Original Agreement: Weld County document no. 2021-0957 County Department: FACILITIES The parties hereby agree to amend the work to be completed pursuant to the Original Agreement in accordance with the terms of this Change Order. 1. Contractor agrees to provide the materials as described in the attached Exhibit, which is hereby incorporated into the Agreement. 2. Department agrees to compensate Contractor an additional $17,140.00 for price increase of raw materials to manufacture the tanks in accordance with the Exhibit. 3. All other terms and conditions of the Original Agreement remain unchanged. CONTRACTOR: Title: TreS1ntev►T ATTEST: Weld C BY: y Clerk to the Beard Deputy CI r to t e a:'U ��jr,' `��rE; _ .'�Iz teve Moreno, Chair Date PI /8,10A I BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO JUN 1 6 2021 Page 1 of 1 .2o Ai- ,967 HALLMARK, INC. May 17, 2021 Exhibit: Change Order #1 GENERAL CONTRACTORS Change Order Request No. 1 Magnesium Chloride Tanks — Kersey & Greeley 5085 HARLAN STREET DENVER, COLORADO 80212 PHONE (303) 423-8005 FAX (303)423-8025 Due to recent substantial price increases in steel material costs, the project specified tank manufacturer, Eaton Sales & Services, is asking for a 4% increase ($17,140.00) in additional compensation for the four Mag Chloride tanks. In order to avoid inflating our bid to Weld County or potentially realizing a windfall profit, material escalators were not included in our bids. We reached out to another local independent steel supplier we normally use, and he stated steel plate prices have risen almost 8% in the last 30 days and have doubled in the last year. Therefore, due to the current volatile nature of the costs of construction materials, we ask that you consider compensating Eaton for the increased cost of the tanks due to the recent increase in steel material costs. In addition Hallmark, Inc. will waive any overhead or profit on the increase if approved by Weld County. Thank you for your consideration, Hallmark, Inc. Bob Lawrence President EATON SALES & SERVICE LLC 4803 YORK ST. DENVER, CO 80216 303-296-4800 CUSTOMER NO: 0009900 Open quotations PAGE: 1 PROPOSAL NO: 0071403 PROPOSAL DATE: 5/10/2021 TERMS COD F.O.B. SHIP TO: Weld County Shops Kersey & Greeley SALESPERSON:BRUNO BUSNARDO QUANTITY PRICE AMOUNT SCOPE - SUPPLY FOUR 30,000 GALLON SINGLE WALL HORIZONTAL UL142 12' DIA X 35' LONG TANKS ON SADDLES FOR MAGNESIUM CHLORIDE STORAGE. INCLUDES BUTT WELDING, INTERIOR BLAST, INTERIOR LINE, EXTERIOR BLAST, PAINTED WHITE ENAMEL, STANDARD LADDER AND STANDARD PLATFORM. FITTINGS WILL BE PER THE DRAWINGS. 4.00 30K TANKS 4.00 FREIGHT TANKS 2.00 FREIGHT LADDERS & PLATFORMS 103,880.00 1,880.00 890.00 0.00 OPTION TO SET TANKS PER SITE 11,285.00 INCLUDES CRANE, RIGGER, LABOR AND ASSEMBLY OF LADDER AND PLATFORM 415,520.00 7,520.00 1,780.00 0.00 EXCLUSIONS: ELECTRICAL, DESIGN, ENGINEERING, TRAFFIC CONTROL, CONCRETE, ASPHALT, EXCAVATION, MAG CHLORIDE FILL AND LEVEL GAUGES. NO TAXES INCLUDED. PAYMENT TERMS: 50% DOWN, 25% UPON RECEIPT OF MATERIALS, 25% UPON DELIVERY LEAD TIME: APPROX. 16-18 WEEKS FOR FIRST TWO TANKS. ADDITIONAL 2 WEEKS FOR SECOND TWO TANKS. SUBTOTAL: SALES TAX: PROPOSAL TOTAL: 424,820.00 0.00 424,820.00 Acceptance: The prices, payment terms, specifications and conditions of both sides of this proposal are satisfactory, and are hereby accepted. Purchaser is responsible for all sales, use and other governmental taxes and charges, which are not included in the price unless expressly stated. You are authorized to do the work as specified. Seller may revoke this proposal before acceptance. PROPOSED: ACCEPTED: 10 May 21 Seller Division Manager Purchaser Date Title Date Title Contract Farm New Contract Request Entity Information Entity Name* HALLMARK INC Contract Name* Entity ID f P00043716 Contract ID MAG CHLORIDE TANKS CHANGE ORDER #1 (2021-0957) 4776 Contract Status Contract Lead CTB REVIEW SGEESAMAN ❑ New Entity? Contract Lead Email sgeesarnan@co.weld.co.us Contract Description CHANGE ORDER #1 RAW MATERIAL INCREASE FOR MANUFACTURING TANKS Contract Desorption 2 Parent Contract ID Requires Board Approval YES Department Project Contract Type * Department Requested BOCC nda Due Date CHANGE ORDER BUILDINGS AND GROUNDS Date* 05/22/2021 05 ,x`26,+2021 Amount* S17,140.00 Renewable* NO Automatic Renewal Department Email CM - Bu i ld i n g G rou n d sCwe ldgov.c om Department Head Email CM-BuiidingGrounds- DeptHeadPweldg©v.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I I 0RNEYOWELDG 0V.00M Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid /RFP t* B2100073 If this is a renewal enter previous Contract ID If this is part of a RSA enter MSA Contract ID Nate: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates D Review Date* 12;`20,f2021 Renewal Date Termination Noce Period Extiration Elate 12(2©12621 Contact Information Purchasing Purchasing Approver ROB TURF Approval Process Department Head TOBY TAYLOR DH Approved Date 05120/2021 BOCC Approved BOCC Signed Date BOCC Agenda Date 06/16/2021 Originator SGEESAMAN Purchasing 06/10/2021 Finance Approver CHRIS D'UVIDIO Finance Approved Date 05'21/2021 Tyler Ref #F AG 061621 Legal Counsel BOB CHCATE Legal Counsel Approved Date 05/21/2021 &),,f/te"., /V -It AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & HALLMARK INC. MAGNESIUM CHLORIDE TANKS THIS AGREEMENT is made and entered into this ay of ✓% , 2021, by and between the County of Weld, a body corporate and politic of the State of C orado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Hallmark, INC. whose address is 5085 Harlan St. Denver, CO 80212, 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: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2100073". 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. 3-0 -02 ��G) oZ957 ,740.2/-b ,8C 045023 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A&B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $915,813.00, 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. $. 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: Hallmark, Inc. Attn.: Robert Lawrence, President Address: 5085 Harlan Street Address: Denver, CO 80212 E-mail: hallmark5040@hotmail.com Telephone: (303) 423-8005 County: Name: Toby Taylor Position: Director of Facilities Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this oi& day of ,er: I , 202( . CONTRACTOR. Hallmark WELD COUNT,dr♦ useitto.ti ATTEST. Cif Date Zet/ BOARD OF COUNTY COMMISSIONERS Weld o . Clerk to th- B•ard WELD COUNTY, COLORADO /11 -O. -O" BY: Deputy C "rk to t e B teve Moreno, Chair MAY 0 3 2021 a ocV 1)957 a I C4 Exhibit A I it REQUEST FOR BID dteir WELD COUNTY, COLORADO �_ . � _- ' ; � � 1 1150 O STREET ► . ' id i 1. I I IS, I � 1 - } -•. , 4 GREELEY CO 80631 tt- Y IN4 DATE: MARCH 4, 2021 4 is BID NUMBER : B2100073 .„,,„.,J DESCRIPTION: MAGNESIUM CHLORIDE TANKS ® KERSEY & GREELEY DEPARTMENT: FACILITIES MANDATORY PRE-BID CONFERENCE: MARCH 12, 2021 BID OPENING DATE : MARCH 2t 2021 1 . NOTICE TO BIDDERS : The Board of County Commissioners of Weld County, Colorado , by and through its Controller/Purchasing Director (collectively referred to herei I as , "Weld County") , wishes to purchase the following : MAGNESIUM CHLORIDE TANKS - KERSEY & GREELEY A mandator reabid conference will be held on March 121.2021 at 10: 00 AMJ T) at the Weld County Facilities tepartment, 1105 H Street, Greeley , CO 80631 . Vendors must participate and record their presence at the pre-bid conference to be allowed to submit bids . l `bile wiO [ E adheLinqlo cnNent state sociai distancing g Luo c lnes ° Bids will be received for the above stated equipment up to, nbut not later than : March 26 2021 at 10: 00 AM DT eld. Cou t , .Purchasing Time ., loc . . Due to C . 'instead of an " on-person "erso.. bud openhici �} read MicrosoftTeams � » a r a the submitted bids G�� l � �.�� Q��' � �u�l� �o�oft � .�,�� ,� L� �� 4��. � � �� vl ��'1 '�, �02 u at 10 : 30 , Nil ( MDT). To join , cal : the phone rnfimt err and enter the CrcnC recce 1 . t- pmovkded below: Phone numb�eFr T120 -439-5261 Phone c� ` it ('e �e lD : 425182714 1 � � �c✓ c •✓'�L� fJ � J •-4.7 �� ■ PAGES 1 a 0 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-fisted 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 htinsliwvvw.bidnetcfreCt. comi Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids , quotes, proposals , addendums, and awards on this one centralized system . Bid. Deliver' . to Weld County : 1 . Email . Duet to the Citr. navtri (COVID019), ernsAiled bads are required . Bids may be emailed to bids@weldgov. com ; however, if your bid exceeds 25MB please upload your bid to las://www. bidnetdirect. cpip . . bidnetdir ct comet . The maximum file size to upload to EidNet is 500 MB . I-44F f i at is re uiredm Emailed bids must include the following statement on the email : "I hereby waive my right to a sealed bid" . An email confirmation will be sent when w+-; receive your bid/proposal . Please call Purchasing at 970-400-4222 or 4223 with any questions . 3. l`NSTRUCTIONS TO BIDDERS : INTRODUCTORY INFOR TliON : 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 tarnish the full names of all partners and must be signed with the partnership name oy one of the members of the p; rtnership or by an authorized representative, followed by the signature and title of the person signing . Bids by corporations must be signed with the legal name of the corporation , followed by the name of the state of the incorporation and by the signature and title of the president, secretary , or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature . A bid by a person who affixes to his signature the word "president," "secretary, " "agent, " or other title without disclosing Ms 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 state: . r implied herein . All designations and prices shall be fully and dearly 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 thr- premature opening of a bid not properly addrr'ssed 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 tht 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 . B . § 30- 11 - 110 (wh !: n it is accepting bids for the purchase of any bo . ks, stationery, records , printing , lithographing or other supplies for any officer of Weld County) . Weld County reserves the right to reject any and all bids, to waive any informality in the bids , to award the bid to multiple vendors , and to accept thr bid that, in tha opinion of theoard 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) , th 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 REB . 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 #B2100073 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 does not stop employing or contracting with the illegal alien within three (3) days of receiving notice . Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien . Successful bidder shall comply with reasonable requests made in the course of an investigation , undertaken pursuant to C . R . S . §8- 17 . 5- 102(5) , by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program , Successful bidder shall , within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program . If Successful bidder fails to comply with any requirement of this provision or of C. R. S. §8- 1705- 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 . § 24-70 . 5- 101 , et seq . , and (c) shall produce one of the forms of identification required by C . R. S . § 24-76 . 5- 103 pricr to the effective date of the contract. 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. D . Trade Secrets and other Confidential Information ® Weld County discourages bidders from submitting confidential information , including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal , clearly denoting in red on the information at the top the word , "CONFIDENTIAL " However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C. R . S . 24-72-201 , et seq . , the Colorado Open Records Act (CORA) , with regard to public records, and cannot guarantee the confidentiality of all documents . The bidder is responsible for ensuring that alll information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C . R . S . 2'-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 tie body of the bid and not separately identified . Any document which is incorporated as an exhibit int* 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 . • - _.. ... ._ .»,-.... _.. _ --•.�_.._,.. .........-.._....-.,....--^-1.+..".m.'... .......... ...........:e aamo BID REQUEST #82100073 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 . 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 .f 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 usiness 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 ,codification : 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 #B2100073 Page 4 I I I N . Subcontractors : The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County' s prior written consent, which may be withheld in County's sole discretion . County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection , in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bouid 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 Y g g ) Agreement against any subcor tractor 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 . Q . 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 from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein . The suc :essful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all I ens, encumbrances, and security interests. Service Calls in the First One gear Period : The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one ( 1 ) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted : 1 . Detailed equipment specifications to include the warranty . 2 . Descriptive literature. P. Non-Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights f ereunder without such prior approval by County shall , at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County . Q . Interruptions : Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control , including but not limited to Acts of God , fires, strikes, war, flood , earthquakes or Governmental actions. R . Non-Exclusive Agreement : This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature . S . Employee Financial Interest/Conflict of Interest - C. R.S. § 24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge , no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 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 . Dffing 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 neeeseee ._.. ...... . .... .„,a«:.<•mw.Nannrssm o •�.... v..»wJiwdcww.Nuw .• :w � '�.a�,.•._ BID REQUEST #B2100073 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 discreti •, n , in immediate termination of this Agreement. No employee if the successful bidder nor ;my member of the successful bidcer's family shall serve on a County Board, committee or hold any such position which &ther by rule, practice or action nominates , recommends, supervises the successful bidder's operations , or authorizes funding to the successful bidder. T. Severability : If any term sr condition of this Agreement shall be held to be invalid , ill :=:gal , or unenforceable by a court of competent jurisdiction , this Agreem nt shall be construed and enforced without such provision , to thexten: 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 shal0 be null and void . V. Board lief County Commissioners of Weld County Approval : This Agreement shall not be valid until it has been approved by the loard of County Commissioners of Weld County , Colorado or its dt- signee . W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's accept :. rice of the same , County agrees to pay an amount no greater than thn amount of the accepted bid . The successful bidder acknowledges no payment in excess if that k. mount 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 payrn-n:s made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime anc/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County . O6 INSURANCE REQUIREMENTS : Insurance and Indemnification, Contract Professionals must secure , at sr 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 f. rce 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 . test 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 dts :hereof, 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 Csntract 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 t`• cover its obligations and liabilities under this Agreement . Any modification to these requirements must be made in writing by Weld County. BID REQUEST #B2100073 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 tie 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 , regulation , lay.; 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 his 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 or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof It is agreed that the 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 Agrr? mE-ant , insurance in the foll.wing kinds and amounts: Workers ' .mpensation 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 ND 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 t • all vehicles operating both on County property and elsewhere, for vehicles owned , hired , and non-owned vehicles used in the performance of this Contract. Professional Liability (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 �•f 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 . rotl:.A BID REQUEST #62100073 Page 7 Ivilni �l �. Li efts : 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 . eNdcli.tionjal if qr d m 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. yms:.� xr" '._ v ... _ T.oIM`r .: -. ._ .. .._-c..._. .tea.. _ ..Ns- 4.."h'.'Ci ••Yc.c•,K.?QrvM1v c-=^ v^`3gr!d1 _ .._mot. _.-..._.. .. .... .. _.,.,,-. .r..axr....r-.. . BID REQUEST #B2100078 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING : IVIACNESIU (' " ,f44^ LORIDE TANKS — KERSEY Z, GREELEY This project consists of construction and installation of magnesium chloride tanks and infrastructure at the Kersey grader shed located at 23636 Co Rd 54 , Greeley Co 80631 , and at the Greeley fuel site located at 1113 H Street, Greeley , CO 80631 . ' yervde : Weld County has current mag chloride tanks at the Greeley fuel site and the Kersey grader shed . The Greeley tanks are undersized and aging . The Kersey tanks are portable , undersized and the infrastructure to support them is not in place. Our goal is to replace the tanks at both sites and upgrade the infrastructure to modern consistent standards . gppe f work : This project will consist of general contractor performing construction of concrete containment structures , electrical service and mechanical equipment as well as providing and installing the tanks . In addition to plans and specifications attached that detail the scope , work shall include : Phase 1 : Kersey site. 1 . Provide all site grading per plans . Site will need to be graded back to original condition at completion of project . 2 . Construct concrete drive pans and containment structures as shown on plans. 3 . Provide and install new piping and pumps as shown . 4 . Construct new electrical service from power pole at County Road through site to new switch gear location . 5 . Provide and install new lighting and electrical gear as shown on plans . 6 . Provide and install new storage tanks per plans . Substitute tanks will not be considered . 7 . P' emove and dispose of all existing stationary tanks . The mobile tanks will be removed by the owner. 8 . Contractor must develop a stormwater management program (SWIVIP ) that meets EPA and State of Colorado requirements . Contractor will be the operator for such permits and will be responsible for any violations / fines for non-compliance with the regulatory requirements. 9 . Remove nd prnperly dispose of all trash generated by construction activities off site . 10 . The project will be permitted through the Weld County Building Department. Fees for permits will be waived . 11 . No bid bond is required for this project. 12 . Provide a complete set of submittals for all materials and equipment for approval prior to ordering . 13 . Davis-Bacon and ,guy American requirements are NOT required . 14 . Bids over $50 , 000 will require a payment ( 100% ) and performance ( 100% ) bond . 15 . Based on a contract being ready by April 26 , 2021 , provide the completion date for this project. ..._.Y .........:»«..,.-....-«.a-..«.... .-...«......,...«..«nx:....«.«...-.-.. ...-:«,..•...».». .. •:Y. r. ... - AWYPNn .I,R9:gi 'Sfr -- y,. .. .,.. - .r=a - alwv ....+.... ..w.w..n......w......_... ...,. .. .. . ..•:,.w..«..........-.-..». ....Q....,....,«..«._-...,,«..,,,«,t«..wx.,. .,.A.-a000w«.o...,.aw.e..«..•..._. - .w,way.,..,.,w...,.a ,.w......... ...»_....».,.,...«............... BID REQUEST #B2100073 Page 9 Phase 2 : Greeley site:. 1 . The Kersey site must be fully operational prior to starting the Phase 2 Greeley site . 2 . Remove existing containment structure and replace with new concrete containment structure . 3 . Patch asphalt around new containment structure that was removed . 4 . Provide and install new piping and pumps as shown . 5 . Connect existing wiring to new switchgear and to new pump . 6 . Provide and install new storage tanks as shown . 7. Remove and dispose of all existing tanks . 8 . Contractor must develop a stormwater management program (SWMP ) that meets EPA and State of Colorado requirements . Contractor will be the operator for such permits and will be responsible for any violations I fines for non-compliance with the regulatory requirements : The Greeley site is in an MS4 area and work on this project must comply with Weld County' s MS4 permit 9 . Remove and properly dispose of all trash generated by construction activities off site . 10 . The project will bra, permitted through the Weld County Building Department. Fees for permits will be waived . 11 . Provide a complete set of submittals for all materials and equipment for approval prior to ordering . 12 . No bid bond is required for this project. 13 . Davis-Bacon and Buy American requirements are NOT required . 14 . Bids over $50 , 000 will require a payment ( 100% ) and performance ( 100% ) bond . 15 . Based on a contract being ready by April 26 , 2021 , provide the completion date for this project Schefule: The dates below are the anticipated start and completion dates taking in to account lead times for tanks and equipment as well as construction times . The Kersey site will need to be completed before the Greeley site can begin . Please indicate the dh rtes that your team feels are achievable if different from these in the space provided below . There will be a one-week window between the completion of the Kersey site and the beginning of the Greeley site to facilitate the transfer of mag chloride from Greeley to Kersey . Owners C . ntr actor's actenii anticipate : date date Kersey site s ; rt fate June 1 , 2021 Kersey site corn rletion date July 1 , 2021 Gre & ly start date July 15 , 2021 Grmley site corn fiction date Sept 15 , 2021 Kersey site Greeley site TOTAL Both Sites $ :.__.- . . . ..,... - ; dw-cr' '- ,c e≥ ... nmww«*n+aW BID REQUEST #82100073 Page 10 F The undersigned, by his or her signature, hereby acknoeledges 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 . #B2100073 . 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 . Fl RM 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 #9:it-0355140000 YOU DS NOT NEED TO SEND BACK PAGES I - em 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 2.� - BID REQUEST #B2100073 Page 11 t Magnesium Chloride Tanks - Kersey G J r tiey B2000073 Questions & Answers — Posted 03/30/21 i 1 ) Question : There are a number of KAMVLOK product options and configurations. Please identify which products are desired for Hose Ends and which are desired at Pipe Connections. Answer : The existing Greeley site has the desired connectors . You can visit the site to see what they are . 2 ) Question : Have the plans been submitted to the building department for review and comment? Answer : Yes , 3 ) Question : Are the permits approved ? Answer : Yes. 4) Question : 1. The bid drawings sheet Si. call for light pole pedestals on the NW and NE corners of the new containment dike . There are no existing lights being removed , there are no lights or circuits called out on the electrical drawings. 2. Does the county want lights poles at the Greeley site ? 3. If so, Please provide specification for the lights 4. If so please provide direction on circuitry and control of the lights . Answer : No lights wf 0 be required at the Greeley site 5 ) Question : Has the county been approved by the building department and the utility company for a second electrical service at the site ? Answer : Yes . 6) Question : What is the ETA on the new utility company transformer for the site? Answer : The new transformer is schedulec' to be ins aLe � n .7'priL 1 7 ) Question : To bid the concrete we will need a foundation plan . Since the tank is known, it should be included in the civil/structural plans. Answer : There are structural drawvin , s included in this plan . The concrete slab shown is 16" thick and is the foundation that the tanks will sit on . 8 ) Question : Please specify the type of liner. Answer : There is no under liner required for the installation . The ty3e of liner in the tanks is the responsibility of Eaton tank, the sole source for the tank . 9 ) Question : Clarify the bid date change from the 26th to the 21,d Answer : Sel9. addenda # 1 . 10) Question : Will the owner remove all Mag Chloride and residue from tanks and piping prior to demolition ? Answer : That owner will remove as much of the mag chloride as can be pumped out Any remaining rnag chloride and residue will be removed by the contractor with the tanks . 11 ) Question : In the pump schedule, it calls out magnesium chloride, but in the note it calls out mag ch oride (Salt Brine ) . Which is it Magnesium Chloride or Salt Brine ? Answer : T h . pumps need to be able to handle mag chloride which is a salt brine, mixture o & magnesium and sodium , 12 ) Question : In the pump schedule, what is VF or CF? Answer : CF and VF stand for constant flow and variable flow. Pumps shall be constant flow . 13 ) Question : The Kersey location is calling for 10HP, 1phase, 240V. The Greeley location is calling for 15HP, 3phase, 480V. They both have the same conditions of service . Which power supply is correct? Answer : Th2 pumo horsepower and voltages are correct for each location . The voltage available is not the same at both locations . 14 ) Question : Will the pump be used to load and unload trucks? If it is, will a manifold need to be const nucted to allow for operations with a single pump ? Answer : ;h 3 pump wi 9 be used to load and unload the tanks . The attached picture shows the existing pump and valve system . The new one will match this . 2 • . . , pa .11•'1'a „ • Ix: • ,. III , ,. .. . . ,.. , „ ,. t. . ,..... - �- y E , , t , ,ii.. 4‘,1 3/4, 4(44. 44 ' 10 I4 lria. .. $ � J mit 1111 latkii ti 1 AI, .r la 1, 30 :of tilt., 0 I 1 i F 110 -I , t4 - It:ar . /J/f1 / / a j f °Ili IF / lr; ' Ill j I r 1/11.4 i i L 4 I _ . ,, ,, ,,,,.., ,, , , .._ a alb ti _= . Ii a : . . ;4= 4 - _ ._ .r —a- ter' _ _ -- -- -• - ^'+Y •- � r•1 • F _ -• 'd ' r-. ia. _ �. . -- r, 1 -- i `' rF $• _r Jtateelit 4.. _ c ry 1 .. •fir = - , p�(' r ,rl '!' ! ? _ it- F mow. .. i, n .57, j 1•{Y ,.zi'•. b_ ,tom -t-- .'.- - _ F . ,r• "Illialli-d4r.. •F • + I• 1 1 II , s - - I1 __ '� _ h •.- --..a irS. . _ _ . __.:. _. :„.. • v.• -' fir, j - - - 1 r - .. �, ''e• ' ' , . iil • raw I.:. r ` _ • 4. f _ i -41 I ; 'y= .. - y • • . F.• - - ol • ` - • • - - I - • 3 ADDENDUM #1 BID REQUEST NO. B2100073 MAGNESIUM CHLORIDE TANKS — MERSEY & GREELEY Due to impending snowstorm , amend the pre-bid conference date and bid due date as follows : A mandatory prembid conference will be held on March 19, 2021 at 10 : 00 AM (MDT) 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 well be adh . ring tai current state social distancing g uide [ines Bids will be received for the above stated equipment up to, but not later than : April 2, 2021 at 10 : 00 AM (MDT) (Weld County Purchasing Time Clock) . Due to COI D- 19 , instead of an " in -person " bad opening , the subr ted RAs vvi l be read over a Microsoft Teams C . nference Call on Anil 29 2021 at 10 : 30 AM (MDT) , To join , ca ! l the phone number and enter the Conference lD provided below: Phone number: 720-439-5261 Phone Conference ID : 4251827114 * * * We need signed copy on file . Thank You Addendum received by : FIRM ADDRESS CITY AND STATE .. ,...,....may_,,.,,.-. .. .. BY EMAIL March 10, 2021 Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: MAGNESIUM CHLORIDE TANKS - KERSEY & GREELEY This project consists of construction and installation of magnesium chloride tanks and infrastructure at the Kersey grader shed located at 23636 Co Rd 54, Greeley CO 80631, and at the Greeley fuel site located at 1113 H Street, Greeley, CO 80631. Overview: Weld County has current mag chloride tanks at the Greeley fuel site and the Kersey grader shed. The Greeley tanks are undersized and aging. The Kersey tanks are portable, undersized and the infrastructure to support them is not in place. Our goal is to replace the tanks at both sites and upgrade the infrastructure to modern consistent standards. Some of work: This project will consist of general contractor performing construction of concrete containment structures, electrical service and mechanical equipment as well as providing and installing the tanks. In addition to plans and specifications attached that detail the scope, work shall include: Phase 1: Kersey site. 1. Provide all site grading per plans. Site will need to be graded back to original condition at completion of project. 2. Construct concrete drive pans and containment structures as shown on plans. 3. Provide and install new piping and pumps as shown. 4. Construct new electrical service from power pole at County Road through site to new switch gear location. 5. Provide and install new lighting and electrical gear as shown on plans. 6. Provide and install new storage tanks per plans. Substitute tanks will not be considered. 7. Remove and dispose of all existing stationary tanks. The mobile tanks will be removed by the owner. 8. Contractor must develop a stormwater management program (SWMP) that meets EPA and State of Colorado requirements. Contractor will be the operator for such permits and will be responsible for any violations / fines for non-compliance with the regulatory requirements. 9. Remove and properly dispose of all trash generated by construction activities off site. 10. The project will be permitted through the Weld County Building Department. Fees for permits will be waived. 11. No bid bond is required for this project. 12. Provide a complete set of submittals for all materials and equipment for approval prior to ordering. 13. Davis -Bacon and Buy American requirements are NOT required. 14. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 15. Based on a contract being ready by April 26, 2021, provide the completion date for this project. BID REQUEST #62100073 Page 9 Phase 2: Greeley site. 1. The Kersey site must be fully operational prior to starting the Phase 2 Greeley site. 2. Remove existing containment structure and replace with new concrete containment structure. 3. Patch asphalt around new containment structure that was removed. 4. Provide and install new piping and pumps as shown. 5. Connect existing wiring to new switchgear and to new pump. 6. Provide and install new storage tanks as shown. 7. Remove and dispose of all existing tanks. 8. Contractor must develop a stormwater management program (SWMP) that meets EPA and State of Colorado requirements. Contractor will be the operator for such permits and will be responsible for any violations / fines for non-compliance with the regulatory requirements. The Greeley site is in an MS4 area and work on this project must comply with Weld County's MS4 permit 9. Remove and properly dispose of all trash generated by construction activities off site. 10. The project will be permitted through the Weld County Building Department. Fees for permits will be waived. 11. Provide a complete set of submittals for all materials and equipment for approval prior to ordering. 12. No bid bond is required for this project. 13. Davis -Bacon and Buy American requirements are NOT required. 14. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 15. Based on a contract being ready by April 26, 2021, provide the completion date for this project. Schedule: The dates below are the anticipated start and completion dates taking in to account lead times for tanks and equipment as well as construction times. The Kersey site will need to be completed before the Greeley site can begin. Please indicate the dates that your team feels are achievable if different from these in the space provided below. There will be a one -week window between the completion of the Kersey site and the beginning of the Greeley site to facilitate the transfer of mag chloride from Greeley to Kersey. Owner's anticipated date Kersey site start date June 1, 2021 �GrL � �y1 Kersey site completion date July 1, 2021 .5 l0 ZOL/ Greeley start date July 15, 2021 S,4pT /3 ZOy/ Greeley site completion date Sept 15, 2021 Mil. �j �jz/ _16 i/ Or' `' Kersey site $ ‘q�j© 006 fi/Z- 611S-74-4)0 rATJAS 47-0 AA) r 4t4es f0/1- 1;(1__ Greeley site $ K 2W 7-‘)#S.P '1,4) o ��° ( . /Ali ` PfiRWAL TOTAL Both Sites $ Contractor's actual date BID REQUEST #B2100073 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. #82100073. 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 SIGNATU + E-MAIL al40445*@ A444/r/ Coles, **ALL BIB • 'RS SHALL `.' •.' A W-9 WITH THE SUBMISSION OF THEIR BID** BY 26e-raktieetkf/9145 /?p 2),It/We-- DATE `' ' Zaa (Please print) �� 8i921Z ... ID. 9//7zy93 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: 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 #62100073 Page 11 ADDENDUM#1 BID REQUEST NO, B2100073 MAGNESIUM CHLORIDE TANKS — KERSEY & GREELEY Due to impending snowstorm, amend the pre -bid conference date and bid due date as follows: A mandatory pre -bid conference will be held on March 19, 2021 at 10:00 AM (MDT) 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: April 2, 2021 at 10:00 AM (MDT) (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 April 2, 2021 at 10:30 AM (MDT). To join, call the phone number and enter the Conference ID provided below: Phone number: 720-439-5261 Phone Conference ID: 425182714 ***We need signed copy on file. Thank You!*** Addendum received by: March 10, 2021 EATON SALES & SERVICE 1LC 4803 YORK ST. DENVER, CO 80216 303-296-4800 CUSTOMER NO: 0009900 Open quotations QUANTITY PAGE: 1 PROPOSAL NO: 0071403 PROPOSAL DATE: 3/24/2021 TERMS COD F.O.B. SHIP TO: Weld County Shops Kersey & Greeley SALESPERSON:BRUNO BUSNARDO PRICE AMOUNT SCOPE - SUPPLY FOUR 30,000 GALLON SINGLE WALL HORIZONTAL UL142 12' DIA X 35' LONG TANKS ON SADDLES FOR MAGNESIUM CHLORIDE STORAGE. INCLUDES BUTT WELDING, INTERIOR BLAST, INTERIOR LINE, EXTERIOR BLAST, PAINTED WHITE ENAMEL, STANDARD LADDER AND STANDARD PLATFORM. FITTINGS WILL BE PER THE DRAWINGS. 4.00 30K TANKS 4.00 FREIGHT TANKS 2.00 FREIGHT LADDERS & PLATFORMS 99,595.00 1,880.00 890.00 0.00 OPTION TO SET TANKS PER SITE 11,285.00 INCLUDES CRANE, RIGGER, LABOR AND ASSEMBLY OF LADDER AND PLATFORM 398,380.00 7,520.00 1,780.00 0.00 EXCLUSIONS: ELECTRICAL, DESIGN, ENGINEERING, TRAFFIC CONTROL, CONCRETE, ASPHALT, EXCAVATION, MAG CHLORIDE FILL AND LEVEL GAUGES. NO TAXES INCLUDED. PAYMENT TERMS: 50% DOWNr 25% UPON RECEIPT OF MATERIALS, 25% UPON DELIVERY LEAD TIME: APPROX. 16-18 WEEKS FOR FIRST TWO TANKS. ADDITIONAL 2 WEEKS FOR SECOND TWO TANKS. SUBTOTAL: SALES TAX: 407,680.00 0.00 PROPOSAL TOTAL: 407,680.00 Acceptance: The prices, payment terms, specifications and conditions of both sides of this proposal are satisfactory, and are hereby accepted. Purchaser is responsible for al sales, use and other governmental taxes and charges, which are not included in the price unless expressly stated. You are authorized to do the work as specified. Seller may revoke this proposal before acceptance. PROPOSED: """`a `_�.._, . ACCEPTED: 24 Mar 21 Seller Division Manager Date Title Date Purchaser Title Form W-9 (Rev. December 2014) Department of the Treasury Internal Revenue sen)kA Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. o. c .D12 02 f: 'C = n. u u S. en 1 Name (as shown on your tnGome tax return), Hallmark, Inc. 2 8u ass namatdisregarded entity name, a different e ed an ibis line; d0 riot leave ttks n 3 Check appropriate box for federal tax classification; check only one of the following serer boxes: ❑ IndiOdueVsole proprietor or ❑ C Corporation Q S Corporation ❑ Partnership L Trust/estate singfe-member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Note. For a single -member LLC thatis disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single -member owner. ❑ Other (see Instructions) ► 5 Address (number, street, and apt, or suite no.) 5085 Harlan Street Denver, CO 80112 7 List account number(%) here 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 of any) RopAas ra uccOJnis ensintanaC c,:ailt fM U.5, equester s name and address I Part 1 Taxpayer Identification Number (TIN) Eater your TIN In the appropnate 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 Part I instructions on page 3. For other entities, it is your employer identification number (EIN). 11 you do not have a number. see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Social security number or I Employer Identification number 8 4 1 1 7!2 4 9 3 Part II Certlficatkon Under penalties of perjury, I certify that; 1. The number shown on this farm is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. t 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 1 am subject to backup withhoiding as a result of a failure to report all interest or dividends, or (c) the IRS has needled me that} 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 Certification Instructions. You must cross out item 2 above If you have been because you have failed to report all interest and dividends on your tax return. Interest paid, acquisition or abandonment of secured property, cancellation of generally, payments other than interest end dividends, you are not required to Instructions on page 3. Sign Signature of }'sere U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noteo. Future developments. Information about devreopments affecting Forrn Vv -9 {such as legislation enacted after we release it) is et www.irs ycvtrv9. Purpose of Form m indmdual or fenny ♦font+ W-8 !eq.:ester, w <a a riequked to fila an fee reneon return vAth the IRS must °teak. your conect taxpayer denGfrcatio n number (Mg which rosy be your sod* security number (S ire, Individual texpayer kientificatton rnrmtfer sTINi, adoption taxpayer ide nsficatron number (ATMs, m employer identification number (©NI, to report on an Information return the amount paid to you. Of other amountreportable on an intoemetton return. Examples of information. • eturns include, but are not imited to, the foltowing: • Form 10994NT (Interest earned or paid) • Form 1099•DIV (dividends, including those from stocks or mutual limos) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-S (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions; • Form 1099-e (merchent card and third party network transactions) from FATCA reporting is correct. notified by the IRS that you are currently subject to backup withholding For real estate transactions, item 2 does not apply. For mortgage debt, contributions to an individual retirement arrangement (IRA), and sign the certification, but you must provide your correct TIN. See the Date I. 4/2/2021 • Form 1088 (home mortgage interest), 1098-E (student loan interest), 1098-T ituition) • Form 1099-C (canceled debt) • Form 1099-A (acuwse:an or abandonment of sewed pr opertyl lice Form !^1-9 only i1 you are a U.S. person ericluding a resident alien), to provide your correct TIN, If you do not return Furm W-9 to the requester with a TIN, you might be subject to backup wenhoeitnn. Sea What is backup wltnhotdfngt on page 2. By signing the filled -out form, you t . Certify that the TIN you are giving is correct tar you are waiting for a number to be Issued';, 2. Certify that you ere not subject to oackup wit:ehoiding, or 3. Ctarm eye nptior. ?rpm. backup witnhol ding if you ens a 1J,3, exempt payee. It applicable you are also certifying that as a U.S.. person. y,/ allocable share or a'Y partnersnie incume from a U.S. trade or business a not subject to the withholdnp tax on torsion partners' share of effectively connected income, and 4. Certify thet FATCA cadets) entered on this form (ir eme Indicating that you are exempt from the FATCA Waring, Is correct. See What is FATCA reporrinpl or. page 21or further intern -sew. Cat. No. 1 C231 X Form W-9 (Rev. 12-201e) / ACCPR o® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/26/2021 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 NAME: Scott Anderson, CIC PHONE FAX (A/c. No. Exo: 303-996-7833 (ac, No): 303-757-7719 ADDRESS: sanderson@crsdenver.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: CNA 20478 INSURED HALLM-2 Hallmark, Inc. 5085 Harlan Street Denver CO 80212 INSURER B INSURERC: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 271986241 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 6079101786 9/1/2020 9/1/2021 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES INT-- 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 6079101805 9/1/2020 9/1/2021 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 6079101819 9/1/2020 9/1/2021 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 $ DED I X I RETENTION$ 1n nnn WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Inland Marine ACV 6079101786 9/1/2020 9/1/2021 Rntd/Lsd Equip. Deductible 75,000 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES WORD 101, Additional Remarks Schedule, may be attached if more space is required) All policy terms, conditions and exclusions apply. CERTIFICATE HOLDER CANCELLATION Weld County 1105 O Street Greeley, CO 80631 USA I ACORD 25 (2016/03) 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 /&&00J-77.7. © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ,a`o!eo® CERTIFICATE OF LIABILITY INSURANCE TE DA YY) 04/26/2021 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 Pinnacol Assurance 7501 E. Lowry Blvd. Denver, CO 80230-7006 CONTACT NAME: PHONE I FAX (A/C . No. EXt): (A/C, No): ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Pinnacol Assurance 41190 INSURED Hallmark Inc 5085 Harlan St Denver, CO 80212 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE 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. WITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' TYPE OF INSURANCE LTR ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO PREMISES Ea occu RENTED $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ _ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: LOC PRODUCTS - COMP/OP AGG I $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT I (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AND ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A 4092140 10/01/2020 10/01/2021 X PER OTH- ' ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE- EA EMPLOYEE' $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Unless otherwise stated in the policy provisions, coverage in Colorado only. CERTIFICATE HOLDER CANCELLATION 2169586 Weld County 1150 O St Greeley, CO 80631-9596 sgeesaman@weldgov.com 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 AssuredPartners of Colorado, LLC - ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORDs provided by Forms Boss. www.FormsBoss.com; (c) Impressive Publishing 800-208-1977 Contract Farm New Contract Request Entity information Entity Name* HALLMARK INC tr Name* MAGNESIUM CHLORIDE TANKS Contras Status CTB REVIEW Entity ID* X0043716 ❑ New Entity? Contras ID 4702 Contras Lead* SGEESAMAN Contract Lead Email sgeesarnan@co.weld.co.us Contras Description* GREELEY & KERSEY MAGNESIUM CHLORIDE TANKS FOR PUBLIC WORKS Contract Description 2 Contract Type CONTRACT Amount* 541 5,813.00 Renewable* NO Automatic Renewal Grant IGA Department Requested BOCC Agenda BUILDINGS AND GROUNDS Date* Departmtrtt Email CM- ButldingCwou nd s@weldgov.c ©m Department Head Email CM-BuildingGrounds- De ptHead-Pwe I dgov.co m County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I I ORN EYIPWELDG OV.COM 2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 04/29;2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* 2100073 If this is a renewal enter previous Contract ID If this is part of a PISA enter PISA Contract ID 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 12,3`31 , 2021 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 12,°31/2021 Contact Information Contact Infer Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date ROB TURF 04,/`28,'2021 Approval Prcl�ces Department Head TOBY TAYLOR DH Approved Date 04,127/2021 Final Approval BOICC Approved BO?CC Signed Date BO)CC Agenda Date 05/03/2021 Originator SGEESAMAN Finance Approver BARB CONNOLLY Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 04/'2812021 04/28/2021 Tyler Ref AG 050321 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 April 6, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Magnesium Chloride Tanks — Kersey and Greeley; B2100073 As advertised this bid is for new containment structures and magnesium chloride storage tanks at the Kersey grader shed and Greeley fuel site. The low bid is from Hallmark, INC and meets specifications. Therefore, the Facilities Department is recommending the award to Hallmark, INC in the amount of $915,813.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director doh -o957 ,84002s WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmpeters(a weldgov.com E-mail: reverettAweldgov.com E-mail: rturfAweldgov.com Phone: (970) 400-4223, 4222 or 4216 DATE OF BID: APRIL 2, 2021 REQUEST FOR: MAGNESIUM TANKS - KERSEY & GREELEY DEPARTMENT: FACILITIES BID NO: B2100073 PRESENT DATE: APRIL 5, 2021 APPROVAL DATE: APRIL 19, 2021 VENDOR KERSEY GREELEY TOTAL SITE SITE BOTH SITES HALLMARK, INC $460,602.00 $455,211.00 $915,813.00 5085 HARLAN ST DENVER, CO 80212 TLM CONSTRUCTORS, INC $472,162.00 $452,712.00 $924,874.00 3000 W F STREET GREELEY, CO 80631 EPS, INC $501,051.00 $531,349.00 $1,032,400.00 3764 EUREKA WAY UNIT 5 FREDERICK, CO 80516 FLINTCO, LLC $549,000.00 $540,000.00 $1,089.000.00 2950 NORTH LOOP W, SUTE 450 HOUSTON, TX 77092 ASLAN CONSTRUCTION, INC $662,300.00 $628,900.00 $1,291.200.00 120 BUNYAN AVE, STE 200 BERTHOUD, CO 80513 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. off/os Q01-- 095-7 bbOOD3 Hello