The URL can be used to link to this page

Browse Search

Home My WebLink About20203012.tiff////io,fro ni-mei- (-1O1"1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & SWIFT BUILDERS LLC CLERK & RECORDER SITE -WORK THIS AGREEMENT is made and entered into this 1 Co+'day of (Lo vembe.r, , 202C_), by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Swift Builders LLC. whose address is 2000 S College Ave. Suite 310 Fort Collins, CO 80525, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibits A and B; 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 Bare 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. B2000183". 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 Exhibits A and B which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities , o © - 301 I /ICal9O described in Exhibits A and 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 continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $238,057.00, 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. 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. Builder's Risk Insurance: Builder's risk coverage in the amount of completed work for renovations, repairs made by the Insured on this project. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products & completed operations aggregate; $1,000,000 personal advertising injury 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. 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, Weld County Director of Buildings and Grounds. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Swift Builders LLC. Attn: Derek Cohen Address: 2000 S. College Ave. Suite 310 Address: Fort Collins, CO 80525 E-mail: derekc@swiftbuildersllc.com Telephone: (970) 825-9300 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: ttaylor@weldgov.com 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 I Coll" day of npvQmbor , 202O. CONTRACTOR: Swift Builders, LLC. 431,1dvvn By: Name: Derek Cohen Title: LLC Member Date 10/22/2020 WELD COU ATTEST: Weld C BY: BOARD OF COUNTY COMMISSIONERS lerk to the Bo . rd WELD COUNTY, COLORADO i Deputy ClerSteve Moreno, Pro -Tern NOV 16 2020 O20,1O - �3o1y Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 115 O STREET GREELEY, C 80631 DATE: SEPTEMBER 14, 2820 BID NUMBER: B2000183 DESCRIPTION: CLERK & RECORDER BUILDING SITE WORK DEPARTMENT: BUILDINGS & GROUNDS MANDATORY PRE -BID CONFERENCE: SEPTEMBER 21, 2020 BID OPENING DATE: OCTOBER 2, 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: CLERK & RECORDER BUILDING SITE WORK A mandator r, b d�conference will be held on September 2112020 at 8:00 AM at 1250 H Street, Gree ey, CO 80631. Meet at the fencrd area on the southeast corner of the building. We weal be adhering to current Late sodall dStarncing aaneso Vendors must participate and record their presence at the pre -bid conference to be allowec to submit a bid. Bids will be received until: COVI1D-the bid ©pairing woaa be head vra Conference OD: 238g2763 October 2, 2020 at, 10:00 AM (Weld Coun Purchasing Time Clock). n u e to type Conference twill. Phone Number: I (72W) 43C-5261 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 servic and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and shall, in every wa bid. s. Said merchandise and all charges fsr freight, delivery, containers, packaging, less all taxes and discounts, y, be the total let price which the bidder will expect Weld County to pay if awarded the You can find hformati••n concerning this request 1n the Bid Net Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of tidNr-°t Direct which is an online notification system being utilized by multiple non-profit and gvernmental "entities. Participating entities post theft bids, quotes, proposals, adoendunms, and awards on 4 his one centralizt,d system. Bid Delivery to weld Guilty: **NOTE - CHA G fiN ellello n ELUVE R `,r GP -ROC HSS OW TO C VID-4i 9.� : 1. Email. Due to the Coronavirus (COVID-19), emailed bids are required. Bids may be emailed to bids©weldgay.gom; 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. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". PDF format is required. An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970-400- 4222 r 4223 ith any questions. . INSTRUCTIONS TBID E'S: 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, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County resent : --s 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 Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS: Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under BID REQUEST #B2000183 Page 2 this Agreement. Successful bidder shall not use B -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicnts 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 contr`icts with an it egal ali=-yn Successful bidder shall notiaj the subcontractor and County within three (3) days that Successful idder has actual knowledge ha.. a subcontractor is employing or contracting with al illI ,..lien and shall terminate the subcontract if a subcontractor does not stogy; employing or contracting with tht 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 invstigisaion, undertaken pursuant to C.R.S. §; 17.5- 102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the Stat of Colorado progr=rm, Successful bidder shall, ithin twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder hals examined the legal work status of suca employee, retairvad file copies of the documents, and not altered or falsified the identification documents for such employes. Successful bidder shall deliver to County, a; ritten notarized affirmation that it has examined the legal ork status of such employee, anc shall comply with all of the other requirements of the State of Colorado program. Of Successful bidder fails to cmply with any requirement of this provision or of C. R.S. '8-17.5-101 t seq., County, r kay terminate this Agreement for breach, wind if so terminated, Successful bidder snail be liable for actual nd consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder rec Kies federal or state funds under the contract, Successful bidder must confirm that any individucid natural pers }n 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 unthr the contract. if Successfu- Didaer operates ais 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 Unit }}d Sthtes pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5 01, 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 th=e contract. 5. GE'4? L PROVISIONS: A. Fund Availability: Financial obligati contingent upon funds for that purpose being acceptance of the bid, Weicc County does not warr the current fiscal year. 0 ns of Weld County payable after the current fiscal year are appropriated, budgeted and otherwise made available. By nt that funds will be .available to fund the contract beyond B. Tr ode Secrets and other C nfidentiai Intrunatio f a Weld County discourages bidders from submitting confidential informatin, including trade secrets, that cannot be disclosed to the public. If necessa confidential information of the bidder shall be transmitted separately from tie main bid submittal, clearly denotinc, in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is a vised that as a public entity, Weld County must comply with the prisions of Q.R.S. 24-72-201, et sit.q., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for .-insuring that all information contained within the confdenti I portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Tr: ode secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If WeldCounty receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the conidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines ;re not prctectnd from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities rights, benefits, protections or other provisions, of the Col* ado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. BID REQUEST #B2000183 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 shII 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 sh ll 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 La : Colorado law, and rul - s 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 thr undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsorver 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. 1. 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. Pr curement anPerformance: 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 t perform and complete the project. The successful bidder shall further bt responsible for the timely cr mpletion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and BID REQUEST #B2000183 Page 4 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 rig it (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. arranty: 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, cnsistent 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 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. 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 BID REQUEST #B2000183 Page 5 beneficial interest whatsever in thr 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 per ormance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually cnflicts with or in any way apear 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.ea. verability: 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. Banding Arbitration 'rohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to th contrary in the contract or incorporated herein by reference shall be null and void. V. oard 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 X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not b-� entitled to bill at overtime and/srr double time rates for work dine outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement :+ r commencement of any work, the following insurance covering all [nations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance crvurage 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 underwritLrn by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certif d mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or BID REQUEST #B2000183 Page 6 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 r other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. ThContract Professional shell maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its .bligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insuranc-requirements identified herein. The Contract Pr fessional shall be responsible for the professional quality, thchnical accur<scy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shah defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss de mage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising ut of the work done in fulfillment of the terms of this Contract or on account -•f 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, law or court decree. The Contract Professional shall be fully responsible and liable for any and ell injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement .r its failure to comply with the provisions of the Agreement, or on account of or in c nsequencce f 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 c,••ntract of indemnity applies. In consideration of the award f 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 'allure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and mounts: Workers' Compensation insurance as required by state statute, and Employ:r's Liability Insurance covering all of the Contract Professional's employees acting within the course and scop`- of their employment. Policy snail contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability asst under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury med Automobile Liability: Contract Professional shall maintain limis $1,000,000 for bodily injury per person, $1,000,000 for bodily injury f.r 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. Professional Liability (Errors and Omissions Liability) The policy s call 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 BID REQUEST #B2000183 Page 7 course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. u.. BID REQUEST #82000183 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Clerk and Recorder Building Site Work OVERVIEW: This bid is for the removal of fencing and concrete at the Clerk and Recorder building located at 1250 H Street, Greeley, CO. It will include the over excavation of the parking area and replacement of deficient subgrade materials. Concrete channels, sidewalks and parking areas will be re -poured and stripped. Colored concrete will be placed in certain areas. SCOPE OF WORK: 1. Remove concrete per plans. 2. Remove chain link fencing per plans. 3. Remove basketball goal posts per plans. 4. Remove all asphalt at front entry drive per plans. 5. Over excavate parking area as shown and replace removed material with new suitable material at parking area as shown on plans and described in soils report. 6. Install new drainage channel, sidewalk and parking lot paving as shown on plans. 7. Provide sidewalk chases and bollards as shown. 8. Contractor shall always maintain access to either the front of the building or the back of the building. 9. All fencing materials, goal posts and concrete must be properly disposed of offsite. 10. Contractor shall provide builders risk insurance in the amount of the bid. 11. Finish grade site after fence, concrete and asphalt are removed. 12. A bid bond will not be required for this project. 13. Payment and performance bonds are required for bids over $50,000. 14. Based on a contract being ready by October 30, provide a start date and a time duration for completion of this project. Fee: TOTAL $ Start Date: Project Duration: BID REQUEST #B2000183 Page 9 A mandatory prewbid conference will be held on September 21, 2020 at 8:00 AM at 1250 H Street, Greeley, CO. Meet at the fenced area on the southeast corner of the building. We will be adhering to current state social distancing guidelines. Vendors must participate and record their presence at the pre.bid conference to be allowed to submit a bid. Bids will be received up to, but not later than October 2, 2020 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). BID OPEN NG WILL BE ,.DV A A SKYPE CONFERENCE CALL To join call: 1 .7201 ti9 J7261 and enter Conference ID: 2389276 Please note that due to the C oronavie us (CO D 19) pandemic, some of us are teleworking. With that said, the foDloing 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 of your bid is needed. PDF format is required. 3. Email bids to bidsweldgay.con. If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.comi. The maximum file size to upload to BidNet is 500 MB. BID REQUEST #B2000183 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. #B2000183. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE DATE FAX TAX ID # E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B2000183 Page 11 Clerk & Recorder Building Site Work 82000183 Questions & Answers Posted 09/28/2020 1.) Question: Do you have Auto Cad for this project? Answer: CAD files can be made available to the successful bidder as necessary. 2.) Question: Will the County be providing the testing? Answer: County will provide all compaction and concrete testing through 3rd party vendor. 3.) Question: Will the County be providing the staking? Answer: No. Contractor will provide all necessary staking. 4.) Question: Are there any permits that contractor will need to obtain? Answer: Weld County will not require any permits tor this work. 5.) Question: Under Scope of Work: Item 11. Finish grade site after fence, concrete and asphalt are removed. There are no contours or elevations called out on the plans. Can you provide grading information or clarify the intent of this item? Answer: The intent of this note is that the area should be returned to a flat condition after concrete and asphalt are removed so that there are no ruts, holes or mounds. 6.) Question: Will the contractor need to provide any topsoil at areas where concrete and asphalt are removed and no hard surface is going back in? Answer: Yes, 4" of topsoil will need to be placed at areas that concrete or asphalt is being removed from that are not scheduled for hard surfaces to be placed. This would include the horseshoe area at the west side of the building and the basketball court area at the south side of the building, 7.) Question: There appears to be a culvert running from north side to the loop drive to the south side of the loop drive. What is the dimension and type of pipe? How much cover does it have on it? Answer: The pipe is corrugated metal. We don't know the size or the cover d 8.) Question: Can you provide information on any other utilities in the work area? Type of utility, depth etc. Answer: We know there is fiber and power running through the dig site. There could be other utilities in the area that we are not aware of. It will be up to the contractor to call for locates and verify all utilities running through there. These shall also include private utility locate for items such as light poles and irrigation. 9.) Question: Have these utilities been potholed? Answer: No. It will be up to the contractor to pothole all buried utilities. 10.) Question: Does the sidewalk east of the basketball court get removed and replaced? This area is not greyed out like the other removal items. Answer: Yes, the sidewalk will need to be replaced where the fence posts are removed. 11.) Question: Please clarify the depth of over excavation and the exact locations on the lot that it is being done. Answer: Bid should include over excavation to a depth of 575 feet. Geotechnical engineer MD need to inspect excavation prior to placing new fill in excavated area. The area of excavation is shown on the plans on the east side of the building. This area is called out as extent of new concrete pavement° 12.) Question: What is the concrete reinforcement design (rebar/mesh)? Answer: No reinforcing will be required. 13.) Question: Will sealants need to be installed at expansion joints in concrete? Answer: Yes. All control joints will need to have sealant installed. 14.) Question: Has a color been selected for the concrete sidewalk? Answer: No. We will pick a color from manufacturers standard color chart. Contractor must provide chart at pre -construction meeting. Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Clerk and Recorder Building Site Work OVERVIEW: This bid is for the removal of fencing and concrete at the Clerk and Recorder building located at 1250 H Street, Greeley, CO. It will include the over excavation of the parking area and replacement of deficient subgrade materials. Concrete channels, sidewalks and parking areas will be re -poured and stripped. Colored concrete will be placed in certain areas. SCOPE OF WORK: 1. Remove concrete per plans. 2. Remove chain link fencing per plans. 3. Remove basketball goal posts per plans. 4. Remove all asphalt at front entry drive per plans. 5. Over excavate parking area as shown and replace removed material with new suitable material at parking area as shown on plans and described in soils report. 6. Install new drainage channel, sidewalk and parking lot paving as shown on plans. 7. Provide sidewalk chases and bollards as shown. 8. Contractor shall always maintain access to either the front of the building or the back of the building. 9. All fencing materials, goal posts and concrete must be properly disposed of offsite. 10. Contractor shall provide builders risk insurance in the amount of the bid. 11. Finish grade site after fence, concrete and asphalt are removed. 12. A bid bond will not be required for this project. 13. Payment and performance bonds are required for bids over $50,000. 14. Based on a contract being ready by October 30, provide a start date and a time duration for completion of this project. Fee: TOTAL $ 238,057.00 Start Date: November 9, 2020 Project Duration: December 11, 2020 BID REQUEST #62000183 Page 9 A mandatory pre -bid conference will be held on September 21, 2020 at 8:00 AM at 1250 H StrE Greeley, CO. Meet at the fenced area on the southeast corner of the building. We will be adhering current state social distancing guidelines. Vendors must participate and record their presence at the pre -bid conference to be allowed to submit a bid. Bids will be received up to, but not later than October 2, 2020 at 10:00 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: 23892763 Please note that due to the Coronavirus (COVID-19) pandemic, some of us are teleworking. With that said, 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 of your bid is needed. PDF format is required. 3. Email bids to bids(€ weldgov.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 #B2000183 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. #B2000183. 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 SWIl+ B Idefs, LLG BY EVan cw;ff (Please print) BUSINESS ADDRESS 2aoo C Co ll�"/� �G •J Ste.. 310 t CITY, STATE, ZIP CODE Fpf''i' Cofjrn5 6'0 rOl©SZSr TELEPHONE NO 179. 6;-Z. 11z30 FAX SIGNATURE DATE /0• bZ. Z02a TAX ID # 6/- ff777gfg E-MAIL E -Van se Sw+i:/- B 1,:1o(ers LLG.cari **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: Weld County Clerk to the Board BY: Deputy Clerk to the Board Mike Freeman, Chair BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B2000183 Page 11 Form W-9 (Rev. August 2013) Department of the Treasury Internal Revenue Service ni N tT Is a. O N 0.o t o 2 c c a ru a to a Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Name (as shown on your income tax return 5141 �T jvitvE(.5, Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification: ❑ Indlvidual/sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► P fd Other (s Exemptions (see instructions): Exempt payee code Of any) Exemption from FATCA reporting code (if any) (nom and apt. or suite no.) Zaco 5. (Al.i.eac, AVE. City, state, and ZIP code Foaf Coo -w5, W cl0s25 1st account n iortal) ) re. 310 Requester's name an Taxpayer identification Number (TIN) Enter your TiN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity. see the Part I instructions on page 3. For other entities, It Is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is In more than one name, see the chart on page 4 for guidelines on whose number to enter. dr Social security number Employer identification number 7 7 9 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. Sign Here General Instructitns Section references ere to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at wwwirs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted alter we release it) will be posted on that page. Purpose of Form A person who Is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) to report, for example, income paid to you. payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S, person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the Signature of U.S. person ► /11/kAA Date le- Q2 2019 withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct, Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form If it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An Individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable Income from such business. Further, In certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner Is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner In a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) A� n® CERTIFICATE OF LIABILITY INSURANCE DATE ( M MIDDIYYYY) 10/23/2020 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 Brown & Brown of Colorado, Inc. 4532 Boardwalk Dr., Suite 200 Fort Collins CO 80525 CONTACT Bradley Stubblefield NAME: PHONE (970) Eat): (970) 482-7747 I AAA, No): (970) 484-4165 E-MAIL bstubblefield@bbcolorado.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: CM Vantage Specialty Insurance Company INSURED Swift Builders LLC P. O. Box 272430 Fort Collins CO 80527 INSURER B : Westfield Insurance Company 24112 INSURER C : Pinnacol Assurance 41190 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 20-21 COI 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 ADDLSUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CMV-PLI-0015164-02 09/01/2020 09/01/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR TO RENTED PREMISES (Ea occurrence ) $ 300,DAMAGE 000 MED EXP (Any one person) $ Excluded PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE P POLICY OTHER: X LIMIT APPLIES JECT PRO PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY r- SCHEDULED AUTOS NON -OWNED AUTOS ONLY CWP4909030 09/01/2020 09/01/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ C 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 Y NIA 4195670 09/01/2020 09/01/2021 XI STATUTE I I EORH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1000,000 $ , B Leased and Rented CWP4909030 Limit Deductible $35,000 $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Weld County is included as additional insured per policy forms and conditions listed on page 2. A waiver of transfer of rights applies to general liability and auto liability and a waiver of subrogation applies to workers compensation. CERTIFICATE HOLDER CANCELLATION Weld County 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ACC) ADDITIONAL REMARKS SCHEDULE Page of AGENCY Brown & Brown of Colorado, Inc. NAMED INSURED Swift Builders LLC POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes If required by written contract, the following blanket endorsements apply: General Liability: CG2010 (04/13) -Additinoal Insured Ongoing Operations CG2037 (04/13) -Additional Insured Completed Operations PLI5240 (06/16) -Additional Insured Primary and Noncontributory CG2404 (05/09) - Waiver of Transfer of Rights of Recovery Against Others Auto Liability: CA7078 (10/13) -Additional Insured by Contract, Agreement or Permit CA0444 (10/13) - Waiver of Transfer of Rights of Recovery Against Others Workers Compensation: 359-B- Blanket Waiver of Subrogation ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD New Contract Request Entity in orrnatstsn Entity Name* SWIFT BUILDERS LLC Contract Name* CLERK & RECORDER SITE -WORK Contract Status CTB REVIEW Contract Description* SITE -WORK AT 1250 H STREET, Contract Description 2 Contract Type " CONTRACT Amount* 5238,057.00 Renewable NO Automatic Renewal IGA Entity DM g,00040607 Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgov.c om Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYA I I OR N EY@WEL D G OV.COM if this is a renewal enter previous Contract ID if this is ,r of a Gu Contract ID ❑ New Entity? Contract ID 4197 Contract Lead* SGEESAMAN Contract Lead Email sgeesarrianPco.weld.co.us Requested BOCC Agenda Date '' 10/26/2020 Parent Contract €D Requires Board Approval YES Department Project # Due Date 10/22/2020 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 Contra t Dates Effective Date Review Date* 12/28/2020 Renewal Date Termination c Contact Information Contact Info riod tact e Contact T Purchasing Approval Process Departm Head TORY TAYLOR DHr 11/05/2020 ate al Approval C -Tied Date ernda Date /2020 SGEESAMAN AN C! Contact E Finance Approver CHRIS D'OVID( Fin e 11/©0/2020 Date Tyler Ref # AG 111620 on 12/28/2020 Contact Phone 1 ed Date Legal Counsel &)B CHOATE Contact Phone 2 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 October 6, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Clerk & Recorder Building — Site Work - #B2000183 As advertised this bid is to replace the subgrade and install new concrete parking and sidewalks at 1250 H street for the new Clerk and Recorders office. The low bid from Swift Builders LLC. meets specifications. Therefore, Buildings & Grounds is recommending awarding to Swift Builders LLC. in the amount of $ 238,057.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director le it c4 2o2a_ 3012 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmpeters(c weldgov.com E-mail: reverett(' weldgov.com E-mail: rturMweldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: OCTOBER 2, 2020 REQUEST FOR: CLERK & RECORDER BUILDING - SITE WORK DEPARTMENT: BUILDINGS & GROUNDS BID NO: #62000183 PRESENT DATE: OCTOBER 5, 2020 APPROVAL DATE: OCTOBER 19, 2020 START PROJECT VENDOR TOTAL DATE DURATION SWIFT BUILDERS, LLC 2000 S COLLEGE AVE, STE 310 FORT COLLINS, CO 80525 WATERHOUSE INC DBA ALL PRO PAVEMENT 729 N MADISON AVE LOVELAND, CO 80537 $238,057.00 11/09/2020 12/11/2020 $239,500.00 10/26/2020 75 DAYS OR LESS AMERICAN CONSTRUCTION $294,578.00 10/19/2020 4 WEEKS SERVICES, LLC 1905 W 8TH ST, STE 215 LOVELAND, CO 80537 COLORADO PAVING, INC 15210 EDNA DR BRIGHTON, CO 80603 MOUNTAIN CONSTRUCTORS, INC. PO BOX 405 PLATTEVILLE, CO 80651 $333,835.10 11/15/2020 4-5 WEEKS $348,692.00 CONNELL RESOURCES, INC $396,673.00 7785 HIGHLAND MEADOWS PKWY #100 FORT COLLINS, CO 80528 10/19/2020 70 WORKING DAYS UPON NOTICE 6 WEEKS OF AWARD NORTHSTAR CONCRETE INC $545,000.00 11/02/20 12/11/2020 1220 S GARFIELD AVE LOVELAND, CO 80537 CENTENNIAL CONCRETE & WATERPROOFING 15354 EAST HINSDALE CIRCLE CENTENNIAL, CO 80112 $602,129.00 11/16/2020 60 WORKING DAYS THE DEPARTMENT OF BUILDINGS & GROUNDS IS REVIEWING THE BIDS. ,2a020.30i2 66. ?Cc,2 Hello