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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & ECKSTINE ELECTRIC COMPANY
PUBLIC WORKS PARKING LOT ELECTRICAL
THIS AGREEMENT is made and entered into thi day of _. 202t? by
and between the County of Weld, a body corporate and politic of the tate o Colorado, by and
through its Board of County Commissioners, whose address is 1 150 "O" Street, Greeley, Colorado
80631 hereinafter referred to as "County," and Eckstine Electric Company whose address is 13739
WCR 25.5 Platteville, CO 80651, 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.
B2000162". The RFB contains all of the specific requirements of County.
Exhibit B consists of Contractor's Response to County's Request for Bid. The Response
confirms Contractor's obligations under this Agreement.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Project and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the Project described in the Exhibits which is attached
hereto and incorporated herein by reference. Contractor shall further be responsible for the timely
completion, and acknowledges that a failure to comply with the standards and requirements of
Exhibits A and B within the time limits prescribed by County may result in County's decision to
withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the execution ofthis Agreement
4-(71-/-02P g / 2O
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
$146,206.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in
excess of that amount will be made by County unless a "change order" authorizing such additional
payment has been specifically approved by Weld County, or by formal resolution of the Weld
County Board of County Commissioners, as required pursuant to the Weld County Code.
County will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to Contractor in respect
of any period after December 31 of any year, without an appropriation therefore by County in
accordance with a budget adopted by the Board of County Commissioners in compliance with
Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S.
29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20)
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to
any employee benefits from County as a result of the execution of this Agreement. Contractor shall
perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible
for its acts and those of its agents and employees for all acts performed pursuant to this Agreement.
Contractor, its employees and agents are not entitled to unemployment insurance or workers'
compensation benefits through County and County shall not pay for or otherwise provide such
coverage for Contractor or any of its agents or employees.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter
into any subcontractor agreements for the completion of this Project without County's prior
written consent, which may be withheld in County's sole discretion.
9. Ownership. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of County.
10. Confidentiality. Confidential financial information of Contractor should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the
top the word, '`CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld
County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public
records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep
confidential all of County's confidential information. Contractor agrees not to sell, assign,
distribute, or disclose any such confidential information to any other person or entity without
seeking written permission from the County. Contractor agrees to advise its employees, agents,
and consultants, of the confidential and proprietary nature of this confidential information and of
the restrictions imposed by this agreement.
11. Warranty_ Contractor warrants that the services performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions
of this Agreement. Contractor further represents and warrants that all services shall be performed
by qualified personnel in a professional and workmanlike manner, consistent with industry
standards, and that all services will conform to applicable specifications.
In addition to the foregoing warranties, Contractor is aware that all work performed on this Project
pursuant to this Agreement is subject to a one year warranty period during which Contractor must
correct any failures or deficiencies. This warranty shall commence on the date of County's final
inspection and acceptance of the Project.
12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder
constitute or be construed to be a waiver by County of any breach of this Agreement or default
which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the
services completed under this Agreement shall not be construed as a waiver of any of the County's
rights under this Agreement or under the law generally.
13. Insurance and Indemnification.
General Requirements: Contractors/Contract Professionals must secure, at or before the
time of execution of any agreement or commencement of any work, the following
insurance covering all operations, goods or services provided pursuant to this request.
Contractors/Contract Professionals shall keep the required insurance coverage in force at all
times during the term of the Agreement, or any extension thereof, and during any warranty
period.
The insurance coverage's specified in this Agreement are the minimum requirements, and
these requirements do not decrease or limit the liability of Contractor/Contract
Professional. The County in no way warrants that the minimum limits contained herein are
sufficient to protect the Contractor from liabilities that might arise out of the performance of
the work under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The
The Contractor stipulates that it has met the insurance requirements identified herein. The
Contractor shall be responsible for the professional quality, technical accuracy, and quantity
of all services provided, the timely delivery of said services, and the coordination of all
services rendered by the Contractor and shall, without additional compensation, promptly
remedy and correct any errors, omissions, or other deficiencies.
INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against injury, loss damage, liability, suits,
actions, or claims of any type or character arising out of the work done in fulfillment of the
terms of this Contract or on account of any act, claim or amount arising or recovered under
workers' compensation law or arising out of the failure of the Contractor to conform to any
statutes, ordinances, regulation, law or court decree. The Contractor shall be fully
responsible and liable for any and all injuries or damage received or sustained by any
person, persons, or property on account of its performance under this Agreement or its
failure to comply with the provisions of the Agreement. This paragraph shall survive
expiration or termination hereof.
Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain
at all times during the term of any Agreement, insurance in the following kinds and
amounts:
Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of the Contractor's employees acting within the
course and scope of their employment. Policy shall contain a waiver of subrogation
against the County. This requirement shall not apply when a Contractor or
subcontractor is exempt under Colorado Workers' Compensation Act., AND when
such Contractor or subcontractor executes the appropriate sole proprietor waiver
form.
Commercial General Liability Insurance with the minimum limits as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$1,000,000 Personal Advertising injury
$2,000,000 products & completed operations aggregate;
Automobile Liability: Contractor/Contract Professional shall maintain limits of
$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident,
and $1,000,000 for property damage applicable to all vehicles operating both on County
property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in
the performance of this Contract.
Pollution Liability: Contractor/Contract Professional shall provide Pollution
Liability Insurance if/when it is found that soil has been contaminated.
Contractors/Contract Professionals shall secure and deliver to the County at or before
the time of execution of this Agreement, and shall keep in force at all times during the
term of the Agreement as the same may be extended as herein provided, a
commercial general liability insurance policy, including public liability and property
damage, in form and company acceptable to and approved by said Administrator,
covering all operations hereunder set forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contractor/Contract
Professional to provide a certificate of insurance, a policy, or other proof of insurance
as required by the County's Risk Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal
liability, liquor liability, and inland marine, Contractor/Contract Professional's
insurer shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer
shall waive subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -
vendors, suppliers or other entities providing goods or services required by this
Agreement shall be subject to all of the requirements herein and shall procure and
maintain the same coverage's required of Contractor/Contract Professional.
Contractor/Contract Professional shall include all such subcontractors, independent
Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall
ensure that all subcontractors maintain the required coverages. Contractor/Contract
Professional agrees to provide proof of insurance for all such subcontractors,
independent Contractors, sub -vendors suppliers or other entities upon request by the
County.
14. Non -Assignment. Contractor may not assign or transfer this Agreement or any
interest therein or claim thereunder, without the prior written approval of County. Any
attempts by Contractor to assign or transfer its rights hereunder without such prior
approval by County shall, at the option of County, automatically terminate this
Agreement and all rights of Contractor hereunder. Such consent may be granted or denied
at the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that an
duly authorized representative of County, including the County Auditor, shall have access to and
the right to examine and audit any books, documents, papers and records of Contractor,
involving all matters and/or transactions related to this Agreement. The Contractor agrees to
maintain these documents for three years from the date of the last payment received.
16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts of
God, fires, strikes, war, flood, earthquakes or Governmental actions.
17. Notices. County may designate, prior to commencement of work, its project representative
("County Representative") who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to County Representative. The
County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All
notices or other communications (including annual maintenance made by one party to the other
concerning the terms and conditions of this contract shall be deemed delivered under the following
circumstances:
(a) personal service by a reputable courier service requiring signature for receipt; or
(b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
(c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
(d) transmission via facsimile, at the number set forth below, where a receipt or
acknowledgment is required by the sending party.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contractor: Eckstine Electric Company
Attn.: Rick Hiatt -President
Address: 13739 WCR 25.5
Address: Platteville, CO 80651
E-mail: rickhra eckstineelectric.com
Telephone: (970) 785-0601
County:
Name: Toby Taylor
Position: Director of Buildings and Grounds
Address: 1105 H Street
Address: Greeley, CO 80632
E-mail: ttaylorra-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-IO2(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 .\A--1. iay of
, 202_,
CONTRACTOR:
Eckstine Electric Companv
Byc
Name: —.13;71
Date 2 —CD
WELD CO !t � ��,��,,//
ATTEST aM) .�C,l40;ii BOARD OF COUNTY COMMISSIONERS
Weld 'our 'y Clerk to the :oa d
BY:
Deputy Cler % o th oar ike ike Freeman, Chair
WELD COUNTY, COLORADO
SEP 2 12020
Exhibit A
REQUEST FOR BID
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
DATE: JULY 21, 2020
BID NUMBER: B2000162
DESCRIPTION: PUBLIC WORKS PARKING LOT - LIGHTING & ELECTRICAL
DEPARTMENT: BUILDINGS & GROUNDS
PRE -BID MEETING: JULY 29, 2020
BID OPENING: AUGUST 6, 2020
1. NOTICE TO BIDDERS:
The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing
Director (collectively referred to herein as, "Weld County"), wishes to purchase the following:
PUBLIC WORKS PARKING LOT — LIGHTING & ELECTRICAL
A mandatory pre -bid conference will be held on
July 29, 2020 at 1:30 PM
80631. 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:
(Weld County Purchasing Time Clock).
at 1105 H Street, Greeley, CO
August 6, 2020 at 10:30 AM
**PLEASE NOTE: Due to the recent events surrounding the Coronavirus (COVID-19) pandemic, some
county employees are teleworking; therefore, the bid opening will be held via a Skype Conference Call.
See page 9 for conference call information.**
PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST
NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE
APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8.
2. INVITATION TO BID:
Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise
and/or equipment shall be delivered to the location(s) specified herein
Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts,
and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the
bid.
You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/
Weld County Government is a member of BidNet Direct which is an online notification system being utilized by
multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals,
addendums, and awards on this one centralized system.
Bid Delivery to Weld County:
1. Email. Due to the Coronavirus (COVID-19), emailed bids are required. Bids may be emailed to
bids(a�weldgov.com; however, if your bid exceeds 25MB please upload your bid to
https://www.bidnetdirect.com. The maximum file size to upload to BidNet is 500 MB. PDF format is required.
Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid".
An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970-400-
4222 or 4223 with any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each
bid must give the full business address of bidder and be signed by him with his usual signature. Bids by
partnerships must furnish the full names of all partners and must be signed with the partnership name by one
of the members of the partnership or by an authorized representative, followed by the signature and title of the
person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the
name of the state of the incorporation and by the signature and title of the president, secretary, or other person
authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the
signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other
title without disclosing his principal, may be held to be the bid of the individual signing. When requested by
the Weld County Controller/Purchasing Director/Purchasing Director, satisfactory evidence of the authority of
the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the
signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed
by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements,
specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be
fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to
use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The
Bid Proposal must be filled out completely, in detail, and signed by the Bidder.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that
the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled,
"Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No
responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director for the
premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request
to and approval of the Weld County Controller/Purchasing Director/Purchasing Director; said request being
received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in
preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected
to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the
bidders' risk.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference
to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also
understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with
C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery. records, printing,
lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any
and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid
that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s)
may be awarded to more than one vendor.
In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for
Proposal contained herein (including, but not limited to the product specifications and scope of services), the
formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County
Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair
of the Board of County Commissioners.
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 employmen; 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
BID REQUEST #B2000162 Page 2
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 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. §8-17.5-101
et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be
liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder
receives federal or state funds under the contract, Successful bidder must confirm that any individual natural
person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-
76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder
operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the
United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce
one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the
forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
5. GENERAL PROVISIONS
A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By
acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond
the current fiscal year.
B. Trade Secrets and other Confidential Information: Weld County discourages bidders from
submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary,
confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly
denoting in red on the information at the top the word, "CONFIDENTIAL" However, the successful bidder is
advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, 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 all information contained within the confidential
portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets,
privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County
receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential
materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose
those portions staff determines are not protected from disclosure. Weld County staff will not be responsible
for redacting or identifying Confidential information which is included within the body of the bid and not
separately identified. Any document which is incorporated as an exhibit into any contract executed by the
County shall be a public document regardless of whether it is marked as confidential.
BID REQUEST #B2000162 Page 3
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.
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 of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein
by reference which conflicts with said laws, rules and/or regulations shall be null and void.
G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or
right of action whatsoever by any other person not included in the contract. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits under the
contract shall be an incidental beneficiary only.
H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful
bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the
payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder.
I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business
enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for
an award.
J. Procurement 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.
BID REQUEST #B2000162 Page 4
M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing
signed by both parties. No additional services or work performed by the successful bidder shall be the basis
for additional compensation unless and until the successful bidder has obtained written authorization and
acknowledgement by County for such additional services. Accordingly, no claim that the County has been
unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall
be the basis of any increase in the compensation payable hereunder.
N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement
in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall
not enter into any subcontractor agreements for the completion of this Project without County's prior written
consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable
discretion to approve all personnel assigned to the subject Project during the performance of this Agreement
and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the
Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of
the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this
Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the
successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the
obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder
and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the
acts and omissions of its agents, employees and subcontractors.
0. Warranty: The successful bidder warrants that services performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions of this
Agreement. The successful bidder further represents and warrants that all services shall be performed by
qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all
services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware
that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period
during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or
performance.
The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects,
whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum
specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the
goods are free and clear of all liens, encumbrances, and security interests.
Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time,
and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County,
Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after
said goods are first supplied to Weld County.
Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids
are submitted:
1. Detailed equipment specifications to include the warranty.
2. Descriptive literature.
P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder
to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may
be granted or denied at the sole and absolute discretion of County.
Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any
cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood,
earthquakes or Governmental actions.
BID REQUEST #B2000162 Page 5
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. During the term of this Agreement, the successful bidder shall not engage in any
business or personal activities or practices or maintain any relationships which actually conflicts with or in any
way appear to conflict with the full performance of its obligations under this Agreement. Failure by the
successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate
termination of this Agreement. No employee of the successful bidder nor any member of the successful
bidder's family shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes
funding to the successful bidder.
T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of the
parties.
U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall
be null and void.
V. Board of County 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.
W. Compensation Amount: Upon the successful bidder's successful completion of the service, and
County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted
bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless
a "change order" authorizing such additional payment has been specifically approved by the County's
delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required
pursuant to the Weld County Code.
X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and
the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at
overtime and/or double time rates for work done outside of normal business hours unless specifically
authorized in writing by County.
6. INSURANCE REQUIREMENTS
General Requirements: Successful bidders must secure, at or before the time of execution of any agreement
or commencement of any work, the following insurance covering all operations, goods or services provided
pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times
during the term of the Agreement, or any extension thereof, and during any warranty period. The required
insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best
Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any
of the above -described policies by canceled or should any coverage be reduced before the expiration date
thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing
Director/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 Successful bidder. Successful bidder shall be responsible forthe payment of any deductible or self -
insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to
County, in the amount of the deductible or self -insured retention to guarantee payment of claims.
BID REQUEST #B2000162 Page 6
The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do
not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits
contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the
performance of the work under this Contract by the Successful bidder, its agents, representatives, employees,
or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent,
maintain higher limits and/or broader coverages. The successful bidder 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 successful bidder shall maintain, at its own expense, any additional
kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this
Agreement. Any modification to these requirements must be made in writing by Weld County.
The successful bidder stipulates that it has met the insurance requirements identified herein. The successful
bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and
services provided, the timely delivery of said services, and the coordination of all services rendered by the
successful bidder and shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies.
INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents,
and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character
arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount
arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to
conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully
responsible and liable for any and all injuries or damage received or sustained by any person, persons, or
property on account of its performance under this Agreement or its failure to comply with the provisions of the
Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or
procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or
recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph
shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for
primary loss investigation, defense and judgment costs where this contract of indemnity applies. In
consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation
against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the
County. A failure to comply with this provision shall result in County's right to immediately terminate this
Agreement.
Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any
Agreement, insurance in the following kinds and amounts.
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the successful bidder's employees acting within the course and scope of their employment.
Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a
successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such
successful bidder or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured
contract, and defense costs, with the minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Successful bidder 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.
BID REQUEST #B2000162 Page 7
Successful bidders shall secure and deliver to the County at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of the Agreement as the same may be
extended as herein provided, a commercial general liability insurance policy, including public liability and
property damage, in form and company acceptable to and approved by said Administrator, covering all
operations hereunder set forth in the Request for Bid.
Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of
insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole
discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and
inland marine, Successful bidder's insurer shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against
County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other
entities providing goods or services required by this Agreement shall be subject to all of the requirements herein
and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall
include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds
under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder
agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors
suppliers or other entities upon request by the County.
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response
to the Bid each of which forms an integral part of this Agreement. Those documents are specifically
incorporated herein by this reference.
BID REQUEST #B2000162 Page 8
SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING:
WELD COUNTY PUBLIC WORKS - PARKING LOT
LIGHTING & ELECTRICAL
Weld County is seeking bids to construct the power lighting and electrical distribution for a new parking lot
located at 1111 H Street, Greeley, CO 80631.
OVERVIEW
The project consists of the construction/installation of the new parking lot power distribution to include power
poles for block heaters and parking lot lighting.
SPECIFICATIONS
The following are required for this project:
1. Contractor to provide & install new parking lot lighting & truck heater connections as designed in the
attached construction documents/plans.
2. The project will be permitted through the Weld County Building Department. Fees for permits will be
waived
3. Davis -Bacon and Buy American requirements are NOT required.
4. No bid bond is required for this project.
5. Bids over $50,000 will require a payment (100%) and performance (100%) bond.
6. Contractor is to coordinate with electrical utility on any meter changes and schedule. The cost of those
meter changes will be paid by Weld County directly to the utility.
PROJECT SCHEDULE
The following is a listing of dates for this project:
Date of this Bid Advertisement
Date Pre Bid Conference
Bids Are Due
Contract Award
Contract Execution
Construction Start
Construction End
PRICING
Provide lump sum pricing for this construction
July 21, 2020
July 29, 2020
August 6, 2020
Aug 24, 2020
September 2, 2020
September 3, 2020
October 15, 2020
LUMP SUM PRICE FOR WORK $
A mandatory pre -bid conference will be held on at 1105 H Street, Greeley, CO
June 29, 2020 at 1:30 PM
80631. We will be adhering to current state social distancing guidelines.
Bids will be received up to, but not later than
August 6, 2020 at 10:30 AM (Weld County Purchasing Time
Clock). **BID OPENING WILL BE HELD VIA A SKYPE CONFERENCE CALL'`
To join call: 1 (720) 439-5261 and enter Conference ID: 877479863
Due to the Coronavirus (COVID-19) pandemic, the following changes have been made to our current
bid process until future notice: 1) No hard copies of bids will be accepted. 2) Only one electronic copy is
needed. PDF format is required. 3) Email bids to bids oc weidgov.com. If your bid exceeds 25MB please
upload your bid to https://www.bidnetdirect.com/. The maximum file size to upload to BidNet is 500 MB.
BID REQUEST #B2000162 Page 9
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth
in the request for proposal for Request No. #B2000162.
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 FAX TAX ID #
PRINTED NAME AND TITLE
SIGNATURE
E-MAIL
DATE
**ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board Mike Freeman, Chair
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
Controller/Purchasing Director
BID REQUEST #62000162 Page 10
Public Works Parking lot - Lighting & Electrical
Bid #2000162
Questions & Answers — Posted 08/03/2020
1. It states in the drawings that the property is to be surveyed in and locations staked. Would you
want a general boundary survey of area and then locations of poles and electrical staked off that
survey?
Answer: The survey needs to include all site details such as the ponds, buffers, power poles, etc.
2. Confirming that the disconnect is to be before the meter?
Answer: Yes.
3. Confirming drawings will be updated to show 4 wire instead of 3 wire?
Answer: The services are 3 phase, 4 wire to the main panels. The receptacle panels are 1 phase,
3 wire
4. What is the compaction level required after the trenches have been filled in, and will
compaction tests be required?
Answer: The trenches will be back filled and compacted to the same level as the existing
undisturbed areas.
5. The transformer is shown as 4 -wire, and the panel as 4 -wire. But between is 3 -wire. Is this
correct?
Answer: The services are 3 phase, 4 wire to the main panels. The receptacle panels are 1 phase,
3 wire.
6. Xcel usually requires a cold sequence disconnect as well as a main service disconnect. Yet, these
plans do not show a cold service disconnect. Are the plans missing something?
Answer: The disconnect shown is the cold sequence disconnect. SP1 and SP2 shall have 200A
main circuit breakers.
7. Electrical Specs on sheet E.01 require galvanized EMT to be used exclusively on this project. Is it
the intention of Weld County to exclude PVC for underground installation?
Answer: No, PVC is preferred for underground.
8. General Specs on sheet E.01 allows for up to 12' of receptacle relocation. Considering the
quantity of receptacles set inside concrete pads on this project is it the intention of Weld County
to require bids to include allowances for 12' of receptacle relocation for every receptacle? If so
how does Weld County wish to see bids provided for relocation of set in concrete receptacle
locations?
Answer: No. The note is not applicable.
9. Where is the location of the utility transformer referenced on sheet E-13, 1 line drawing?
Answer: The transformers shall be on the closest utility pole to the panels SP1 and SP2.
10. Has Xcel energy been contacted for this project design? Normally Xcel engineers require specific
approval to set more than 1 electric meter on 1 site location. This project will result in at least 3
electric meters as designed.
Answer: Xcel has not been contacted. Revisions will be provided if this becomes an issue.
11. In reference to 10 above, and considering COVID limitations, Xcel Energy is months out on
design and installation of new transformers and new electric meter sets. Are the anticipated
construction timelines flexible to allow for power utility limitations?
Answer: Xcel has not been contacted. Revisions will be provided if this becomes an issue.
12. On sheet E-13 the 1 line diagram shows a cold sequence disconnect required by Xcel energy but
does not show a service disconnecting means as required by the NEC. Does Weld County
provide an exception to the NEC for this installation?
Answer: SP1 and SP2 shall have 200A main circuit breakers.
13. Panel SP1 and SP2 are MLO panels - where is the location of the service disconnect between the
meter enclosure and panel SP1/SP2?
Answer: SP1 and SP2 shall have 200A main circuit breakers.
Exhibit B
SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING:
WELD COUNTY PUBLIC WORKS - PARKING LOT
LIGHTING & ELECTRICAL
Weld County is seeking bids to construct the power lighting and electrical distribution for a new parking lot
located at 1111 H Street, Greeley, CO 80631.
OVERVIEW
The project consists of the construction/installation of the new parking lot power distribution to include power
poles for block heaters and parking lot lighting.
SPECIFICATIONS
The following are required for this project:
1. Contractor to provide & install new parking lot lighting & truck heater connections as designed in the
attached construction documents/plans.
2. The project will be permitted through the Weld County Building Department. Fees for permits will be
waived.
3. Davis -Bacon and Buy American requirements are NOT required.
4. No bid bond is required for this project.
5. Bids over $50,000 will require a payment (100%) and performance (100%) bond.
6. Contractor is to coordinate with electrical utility on any meter changes and schedule. The cost of those
meter changes will be paid by Weld County directly to the utility.
PROJECT SCHEDULE
The following is a listing of dates for this project:
Date of this Bid Advertisement
Date Pre -Bid Conference
Bids Are Due
Contract Award
Contract Execution
Construction Start
Construction End
PRICING
Provide lump sum pricing for this construction
July 21, 2020
July 29, 2020
August 6, 2020
Aug 24, 2020
September 2, 2020
September 3, 2020
October 15, 2020
LUMP SUM PRICE FOR WORK $ 146,206.00
A mandatory pre -bid conference will be held on June 29, 2020 at 1:30 PM at 1105 H Street, Greeley, CO
80631. We will be adhering to current state social distancing guidelines.
Bids will be received up to, but not later than August 6. 2020 at 10:30 AM (Weld County Purchasing Time
Clock). **BID OPENING WILL BE HELD VIA A SKYPE CONFERENCE CALL**
To join call: 1 (720) 439-5261 and enter Conference ID: 877479863
Due to the Coronavirus (COVID-19) pandemic, the following changes have been made to our current
bid process until future notice: 1) No hard copies of bids will be accepted. 2) Only one electronic copy is
needed. PDF format is required. 3) Email bids to bidseweldaov.com. If your bid exceeds 25MB please
upload your bid to httos://www.bidnetdirect.com/. The maximum file size to upload to BidNet is 500 MB.
BID REQUEST #B2000162 Page 9
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth
in the request for proposal for Request No. #B2000162.
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 oidder 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 Eckstine Electric Company
BUSINESS
ADDRESS 13739 W.C.R. 25 1/2
CITY, STATE, ZIP CODE Platteville, CO 80651
TELEPHONE NO 970-785-0601 FAX 970-785-2821
PRINTED NAMNAME.fipilILS Rick Hiatt - President
SIGNATURE
TAX ID # 84-0864256
E-MAIL rickh@eckstineelectric.com
DATE 8/6/2020
**ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8.
ATTEST '� -eC+Lolii BOARD OF COUNTY COMMISSIONERS
Weld ' our ty Clerk to th Bo rd WELD COUNTY, COLORADO
BY
ike Freeman, Chair SEP 2 12020
BID REQUEST#82000162
Page 10
,70, 70 -x2444
A ^1 ®
l(v(J�A CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
09/02/2020
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 po icy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
Flood and Peterson
PO Box 578
Greeley, CO 80632
CONTACT Valerie Love, CIC, CISR
NAME:
PHO No, Ext): (970) 506-3215 I ac, No): (970) 506-6865
E-MAIL VLove@FloodPeterson.com
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Travelers Indemnity Company
25658
INSURED
Eckstine Electric Co.
13739 Cr 25 1/2
Platteville, CO 80651
INSURER B : Charter Oak Fire Insurance Company
25615
INSURER C : Travelers Property Casualty Company of America
25674
INSURER D : Pinnacol Assurance
41190
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 2020-2021 WC 7/21
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
A
X
TYPE OF INSURANCE
COMMERCIAL GENERAL LIABILITY
ICLAIMS -MADE
X
OCCUR
GEN'LAGGREGATE LIMIT APPLIES PER:
POLICY
OTHER:
X
PRO-
JECT
LOC
AUDL
INSD
Y
�UtiH
WVD
Y
POLICY NUMBER
4TCO1558X195)ND20
POLICY EFF
(MM/DDIYYYY)
01/01/2020
POLICY EXP
(MM/DD/YYYY)
01/01/2021
EACH OCCURRENCE
DAMAGE 1 O RENTED
PREMISES (Ea occurrence)
LIMITS
$ 1,000,000
$ 300,000
$ 10,000
$ 1,000,000
$ 2,000,000
$ 2,000,000
MED EXP (Any one person)
PERSONAL&ADV INJURY
GENERALAGGREGATE
PRODUCTS - COMP/OP AGG
AUTOMOBILE LIABILITY
X
B
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY _ AUTOS
HIRED NON -OWNED
AUTOS ONLY - AUTOS ONLY
Y
Y
8102L91634420
01/01/2020
01/01/2021
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
$ 1,000,000
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
$
$
C
D
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
DED I XI RETENTION $ 10,000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
N
Y
N /A
Y
Y
CUP -0K267096 -20-2S
4153710
01/01/2020
07/01/2020
01/01/2021
07/01/2021
EACH OCCURRENCE
$ 5,000,000
$ 5,000,000
AGGREGATE
XI
PER I OTH-
STATUTE I I ER
E.L. EACH ACCIDENT
$ 1,000,000
$ 1,000,000
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
County of Weld is included as Additional Insured as required by written contract but only as respects to liability arising out of work performed by the named
insured. Waiver of subrogation applies.
CERTIFICATE HOLDER
CANCELLATION
County of Weld
1150 O Street
Greeley
CO 80631
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
cia7
ACORD 25 (2016/03)
® 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Contract Form
Entity Information
New Contract Request
Entity Name* Entity ID'
ECKSTINE ELECTRIC COMPANY @.00004926
Contract Name*
PUBLIC WORKS PARKING LOT
Contract Status
CTB REVIEW
New Entity?
Contract ID
4085
Contract Lead*
SGEESAMAN
Contract Lead Email
sgeesamanco.weld.co.us
Contract Description*
PARKING LOT ELECTRICAL & LIGHTING CONSTRUCTION & INSTALLATION
Contract Description 2
Contract Type*
CONTRACT
Amount*
$146,206.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
BUILDINGS AND GROUNDS
Department Email
CM-
BuildingGrounds@weldgov.c
om
Department Head Email
CM-BuildingGrounds-
DeptHeadtiw+weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EY@WELDC
OV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
09, 14 2020
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
09!10 '2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
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*
12/31/2020
Renewal Date
Termination Notice Period
Committed Delivery Date
Expiration Date
12/31/2020
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TOBY TAYLOR
DH Approved Date
09,/14; 2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda. Date
09;21x'2020
Originator
SGEESAMAN
Finance Approver
BARB CONNOLLY
Legal Counsel
KARIN MCDOUGAL
finance Approved Date Legal Counsel Approved Date
09,16/2020 09/16. 2020
Tyler Ref #
AG 092120
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 400-2023
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
Sep 1, 2020
To: Board of County Commissioners
From: Toby Taylor
Subject: Public Works Parking Lot Electrical Bid; B2000162
As advertised this bid is for new electrical outlets and lighting system for the Public Works parking lot.
Facility Solutions Group and Merit Electric withdrew their bids due to the realization they did not meet
specifications. The low bidder that does meet specifications is Eckstine Electric Company. Therefore,
Buildings & Grounds is recommending the award to Eckstine Electric Company for $146,206.00.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
WELD COUNTY PURCHASING
1150 O Street, Room #107, Greeley, CO 80631
E -Mail: cmpetersc weldgov.com
E-mail: reverettCa�weldgov.com
E-mail: rturfweldqov.com
Phone: (970) 400-4223, 4222 or 4216
Fax: (970) 336-7226
DATE OF BID: AUGUST 6, 2020
REQUEST FOR: PUBLIC WORKS PARKING LOT - LIGHTING & ELECTRICAL
DEPARTMENT: BUILDINGS & GROUNDS
BID NO: #B2000162
PRESENT DATE: AUGUST 10, 2020
APPROVAL DATE: AUGUST 24, 2020 AUGUST 26, 2020 SEPTEMBER 2, 2020
VENDOR TOTAL
FACILITY SOLUTIONS GROUP
555 W 48TH AVE, STE A
DENVER, CO 80216
MERIT ELECTRIC
2590 MIDPOINT DR
FORT COLLINS, CO 80525
ECKSTINE ELECTRIC COMPANY
13739 WCR 25 1/2
PLATTEVILLE, CO 80651
SKYLINE LIGHTING & ELECTRIC LLC
1980 S QUEBEC ST, STE 202
DENVER, CO 80231
MCBRIDE LIGHTING, INC
16026 W 5TH AVE
GOLDEN, CO 80401
MCKUSKER ELECTRIC, INC.
115 HUNTERS COVE ROAD
MEAD, CO 80542
DENVER LED DIRECT
1030 WEST ELLSWORTH AVE, UNIT A
DENVER, CO 80223
$123,990.00
$139,022.00
$146,206.00
$147,109.61
$198,342.58
$239,379.91
$286,335.00
THE DEPARTMENT OF BUILDINGS & GROUNDS IS REVIEWING THE BIDS.
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