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Home My WebLink About20201962.tiffC6414- ,e,1- Zz7 - g92s AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & SYSTEM TECHNOLOGIES INC., LLC SOUTHWEST AUDIO/VISUAL UUTRADE THIS AGREEMENT is made and entered into thi day of , 202O, by and between the County of Weld, a body corporate and politic of the State olorado, by and through its Board ofCounty Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and System Technologies Inc., LLC whose address is 7043 S. Garrison Street Littleton, CO 80128, 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. B2000136". 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 Contractar'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 til Contractor's completion of the responsibilities Cons 11 - CC: &az 2o2a- t��2 �Ga©.22 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 $69,050.03, 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. 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: System Technologies Inc. LLC Attn: Kathy Dennin Address: 7043 S. Garrison St. Address: Littleton, CO 80128 E-mail: kathy@systemtechnologiesinc.com Telephone: (303) 330-9395 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 reasons 'le t-eq gists nt rti;_ course of an investigation, undertaken pursuant to C.R.S. 08-17.5-IO2(5). by the Colorado kpartnlent of Labor and Employment. If Contractor participates in the State Colorado > pr'. grt=;a. 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 Ilk copies of the documents. and not altered or falsified the identifica;°oa doc..01.ra+.. Col such einp te;A'e;. Contractor shall deliver to County, a written notarized affirmation Latt it has cxt, .Cu fat: work status of such emplo) cc. and shall comply with all o. :h >t;lc : egiiirelllellta al' the 'a...e of Colorado program. if Contractor fails to comply . with air. t-equirement Lhls p ov-i>..,i. §8-i 7.5-101 et seq.. County, may terminate this Agree:iheni h)r and it 5o „_ ainatcd, Contractor ..:all be iab:e for actual and consegc.eri..a1 ...1. Except ‘.ilex eNedt ital o lejelui law .tat., except as provided in C.R.S. :,-/1.5-;033(3), if Contractor 1•l:c.;ia s !federal or state fund:~ celitiact. Contractor must euntirm that any individual uiaural pe o:t eirlacen ► . , cars .:::i; e of older ,s lay; fully present in the United States pursuant to o k.S. ir such individual applies for public benefits provided under the contract. If tiontractof operates as a sole proprietor. it hereby swears or affirms dude: penaii , p,• rjat mat ;t: (.t; Li a c t i.Crl ., tic i 1i ed State:, or is otherwise lawfully pre3ent lit a�l` „kited :anti, ; par:;tia.:, to :cdetai ittw. (hi shah prcouee ode of the forms of identlficauui require,: ro t.i , . — - t� et seq.. and (et snail produce one of the forms of idcral;ic .:.ion re;.tt ira,.: ,t C.R S f 2-i- prior to the eflcctive date of the contract. Ackratlwledgnr at. t. C crti :and enaa.;Lot a,ckiiue, teda=2 taut each has read iris Agreement, understand —t wile. agrees to Pe o,,artc: h vtl a;. Lad parties il,,-inei db_ei: [Oat this Agreement, with me attLchc t13.C as .". al;tt t5. 1 '"1e .;..oT,1t1ktc and t;..tatisixe starernmt ul agreement between the partie.a and Scpersetts all piopr ,a priorr g cements. oral or w1'it ell, and any other communications between the parties €eita to let ins subject matter of this Agreement. CON T Rt\L 1 OR: By:: tit Name: Title:... (6_T L .L6.trL .Q.. us yereement this: ay of WELD TOU1� •��,ltD�� ATTEST: Weld C • n Clerk to the Bo BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy CI CI=r to t e Boar ;/�,/''!� Mike Freeman, Chair A r, 0 3 2020 REQUEST FOR BID WELD COUNTY, COLORADO 1150OSTREET GREELEY, CO 80631 DATE: MAY 26, 2020 BID NUMBER: B2000136 DESCRIPTION: SOUTHWEST SERVICE CENTER AUDIO - VISUAL UPGRADE DEPARTMENT: BUILDINGS & GROUNDS MANDATORY PRE -BID CONFERENCE: JUNE 15, 2020 BID OPENING DATE: JUNE 30, 2020 1. NOTICE TO BIDDERS: Exhibit A 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: SOUTHWEST SERVICE CENTER AUDIO - VISUAL UPGRADE A mandatory pre -bid conference will be held on June 15, 2020 at 1:00 PM, at the Southwest Weld County Building located at 4209 County Road 24 1/2, Longmont (Firestone), 80504. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. We will be adhering to current state social distancing guidelines. Bids will be received for the above stated equipment up to, but not later than: (Weld County Purchasing Time Clock). June 30, 2020 at 10:00 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 10 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 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 method: 1 Email. Due to the Coronavirus (COVID-19), emailed bids are required. Bids may be emailed to bids@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 n ame 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 n ot 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 u nderstood 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 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. BID REQUEST #B2000136 Page 2 §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to u ndertake 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 illega 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 u nder 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 o perates 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 o ne 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 'or 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 documen: 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 #B2000136 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 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 #4E1QUEM 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 u njustly 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 n ot 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 o bligation) to enforce t le provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: Tr e 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 3 professional and workmanlike manner, consistent with industry standards, and that all services will conform tp applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latest. 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 Fi -st 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 equip nent 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 acticns. R. Non-Exclusiv? Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. BID REQUEST #B2000 136 Page 5 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 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 ✓ 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 X Taxes County Board of County Commissioners, as required pursuant to the Weld County Code' County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County 6 INSURANCE REQUIREMENTS Insurance and Indemnification Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A M Best Company as "A" VIII or better Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional Contract Professional shall be responsible for the payment of any deductible or self -insured retention County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims BID REQUEST Page 6 The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. BID REQUEST #B2000136 Page 7 Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course 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 BID REQUEST #'Wj. Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Southwest Service Center Conference Room Audio -Visual Upgrade This request for proposal is for the upgrade of the Audio -Visual (AV) system located at the Southwest Weld County Building located at 4209 County Road 24 1/2, Longmont (Firestone), CO. SPECIFICATIONS The audio-visual upgrade shall incorporate the following: 1. This turn -key upgrade shall include material, cabling, and labor necessary for the installation, testing, and adjustmen: of the system. 2. The room currently has a basic system, but it is assumed all equipment will need to be replaced as part of this project. 3. System shall carry a one-year service and equipment warranty. 4. Instructional training of personnel is required. 5. Contractor sha I design and install a fully integrated, audio/video system for a large conference room. 6. The system is desired to be basic projection with sound capabilities. 7. The new projector system shall have a minimum surface projected area of 120 -inches diagonal with 1080P. As a minimum, projection shall be accomplished with a ViewSonic LS830 projector with appropriate mcunt using a ViewSonic BCP120 screen. 8. Projection will be from a laptop source which will interface via both Wi-Fi direct, HDMI and VGA with Audio wall con lection(s) to the projector or wall monitor. 9. Audio input wil be from both a laptop source as well as microphones. 10. New projector iiust be able to wirelessly stream video. 11. The audio system will need to support at least eight devices. However, six devices shall be included with initial builc . These are: two lapel, two handheld, and two tabletop wireless microphones to be included. Microphone input ports at designated locations in the room are required. 12. ADA Listen Assist equipment is required. 13. A control pane for the AN system is required. This system needs to be as simple as possible and should support very basic features (e.g. projector On/Off, Volume, etc.). All other inputs/views shall have the ability to be hidden from the normal user's view to avoid confusion or inadvertently changing configurations. 14. Rack -mounted equipment shall be placed in storage room in a lockable/tamperproof cabinet which is vented to prevent overheating. 15. Projection is intended to be centered on the north wall of the room. 16. Contractor is responsible to perform any architectural changes for the installation of this system which include sheet rock repair, data & electrical boxes, painting, etc. 17. There is a soffit cn the projection wall that would need to be modified, patched and painted due existing electric screen removal. 18. Contractor shall have an electrician rewire the recessed lighting and first row of troffer lighting at projection end so these lights can be turned off separately from the remaining room lights to allow easier viewing The recessed lighting shall be replaced with LED fixtures. 19. The projected contract date is July 24, 2020. Based on this date provide your estimated start and completion dates below. 20. The room is high use. So, scheduling a set time to perform these changes is a must. Provide the number of consecutive days you will need to complete this project once beginning demolition. 21. The projected installation completion date is no later than September 10, 2020. 22. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. BID REQUEST #B2000 36 Page 9 23. Remove and properly dispose of all trash generated by construction activities off site. 24. Dispose of / recycle all equipment off -site in a legal manner. 25. Payment and Performance bonds are required if the costs exceed $50,000.00. 26. Bidder is expected to enter into a standard County contract. 27. The project will be permitted through the Weld County Building Department. Fees for permits will be waived. 28. No bid bond is required for this project. 29. Davis -Bacon and Buy American requirements are NOT required. EVALUATION CRITERIA Proposal submittals will be individually evaluated by each Evaluation Committee member. The criteria below will be the basis for review of the written proposals. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. Criteria Standard Weighing Factor Firm Capability • • Does have Scope Does experience the the the contractor, experience of Work? Consultant to meet the key and possess needs staff, qualifications the and/or of the background sub County? to -consultants perform and the 10% Approach Project • Does desires? the Consultant's proposed equipment/solution meet 40% Schedule Project • Does the Consultant meet project needs? 10% Cost • Is and the advantageous Consultant's fee structure to Weld County? competitive, reasonable, 40% ESTIMATED START DATE ESTIMATED COMPLETION DATE TOTAL $ A mandatory pre -bid conference will be held on June 15, 2020 at 1:00 PM, at the building located at the Southwest Weld County Building located at 4209 County Road 24 1/2, Longmont (Firestone), 80504. We will be adhering to current state social distancing guidelines. Bids will be received up to, but not later than June 30, 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: 812495041 Due to COVID-19, 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 bidsAweldgov.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 #B2000136 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. #B2000136. 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 auth Drized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid suomitted, 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 te 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 3oard Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B2000136 Page 11 Exhibit B 23 Remove and properly dispose of all trash generated by construction activities off site 24 Dispose of / recycle all equipment off -site in a legal manner 25 Payment and Performance bonds are required if the costs exceed $50,000 00 26 Bidder is expected to enter into a standard County contract 27 The project will be permitted through the Weld County Building Department Fees for permits will be waived 28 No bid bond is required for this project 29 Davis -Bacon and Buy American requirements are NOT required EVALUATION CRITERIA Proposal submittals will be individually evaluated by each Evaluation Committee member The criteria below will be the basis for review of the written proposals The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating Criteria Standard Weighing Factor Firm Capability o Does the contractor, key staff, and/or sub -consultants have the experience and qualifications to perform the Scope of Work? e Does the Consultant possess the background and experience to meet the needs of the County? 10% Project Approach a Does the Consultant's proposed equipment/solution meet desires? 40% Project Schedule 9 Does the Consultant meet project needs? 10% Cost 0 Is the Consultant's fee structure competitive, reasonable, and advantageous to Weld County? 40% ESTIMATED START DATE ESTIMATED COMPLETION DATE TOTAL July 24, 2020 August 4, 2020 $69,050.03 A mandatory pre -bid conference will be held on June 15, 2020 at 1:00 PM, at the building located at the Southwest Weld County Building located at 4209 County Road 24 1/2, Longmont (Firestone), 80504 We will be adhering to current state social distancing guidelines. Bids will be received up to, but not later than June 30, 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. 812495041 Due to COVID-19, the following changes have been made to our current bid process until future notice 1 No hardIcopiesof bids will be accepted 2 Only one electronic copy of your bid is needed PDF format is required 3 Email bids to bidsaweldgov.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 #B2000136 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. #B2000136. 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 System Technologies Inc, LLC BY Kathy Dennin BUSINESS ADDRESS 7043 S Garrison St (Please print) DATE CITY, STATE, ZIP CODE Littleton, CO 80128 June 29, 2020 TELEPHONE NO 303-33-9395 FAX TAX ID # 47-2410089 SIGNATURE /c Parma- E-MAIL kathy@systemtechnologiesinc.com **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: da0/44,) uidiO; t1 Weld BY: BOARD OF COUNTY COMMISSIONERS Clerk to th- Board WELD COUNTY, COLORADO Deputy Cleto the Boke Freeman, Chair ,AUG 0 3 2020 BID REQUEST #B2000136 Page 11 System Technologies Inc 7043 S Garnson St Littleton, CO 80128 US +1 3033309395 http //www systemtechnologiesinc corn ADDRESS County of Weld 4209 County Road 24 1/2 Longmont, CO 80504 United States SHIP TO County of Weld 4209 County Road 24 1/2 Longmont, CO 80504 United States �" •• ACTI,�IT•;Yry•. SOUTHWEST SERVICE CENTER AUDIO - VISUAL UPGRADE �gA�T•,E';:06i23202;0;,•_ � r • EPSON PowerLite L610U Standard Laser Projector, WUXGA, 6,000 Lumens 1 2,999 00 2,999 00 _ Chief CMA-105 4" Ceiling Plate with 1 5" NPT Opening 39 99 39 99 3-5' Adjustable Extension Column Chief Heavy Duty Universal Projector Mount (Black) Hanging Materials DaLite - Parallax Thin - 29168 - ambient light -rejecting technology - 120" Diagonal Fixed Screen/Thin Bezel Crestron AM -200 27U Rack w/ Casters and Power Conditioner Crestron DMPS3-4K-350-C 3 Series Diagital Presentation System Crestron DM-RMC-4K-100-C Wall Plate 4K DigitalMedia 8G+® Receiver & Room Controller 100, White Textured 1 125 25 379 00 355 00 3,355 00 990 00 125 25 379 00 355 00 3,355 00 990 00 1 1,249 00 5,670 00 495 00 1,249 00 5,670 00 495 00 Crestron Wall plate DigiatlMedia 8G+ Transmitter 200, white textured includes PW-2407WUL 2 770 00 1,540 00 Biamp TesiraFORTE Al TesiraFORTE DSP fixed I/O server with 12 analog inputs, 8 analog outputs, and 8 channels configurable USB audio" Shure QLXD14/83 Lavalier Wireless Microphone System (G50. 470 to 534 MHz) Shure QLXD24/SM58 Handheld Wireless Microphone System - J50 Band, 572-636 MHz 1 2,399 00 2,399 00 Shure QLXD4 Digital Wireless Receiver - G50 Band, 470- 534 MHz 2 2 2 972 00 996 00 560 00 1,944 00 1,992 00 1,120 00 www systemtechnologesinc corn APP rt. Shure ULXD8 Wireless Gooseneck Microphone Base For ULXD And QLXD - G50 (470-534 MHz) Shure MX418D/C Gooseneck Microphone 1 8" Desktop Gooseneck Condenser Microphone with 10' XLR Cable 2 2 395 00 255 00 790 00 510 00 Shure UA844SWB Powered UHF Antenna Distribution 2 419 90 839 80 System Shure UA850 Extension Cable - 50' BNC-BNC RG8X/U 4 99 00 396 00 Shure UA864US Wall -Mounted Wideband Antenna (470- 2 329 00 658 00 698 MHz) Crown CD 2000 1 827 00 827 00 Dual Channel 800W O 4 ohms Power Amplifier JBL ProControl 26ct Pair 4 325 00 1,300 00 6 5" ceiling loudspeaker transducer assembly iPort Launch Port BaseStation - Silver (one tabletop, one 2 199 99 399 98 onwall Both wireless char ig g) Port LaunchPort AP 5 Sleeve for iPad Air 1, 2 and iPad Pro 2 149 99 299 98 9 7 - Black _ Apple - Pad® Air with Wi-Fi - 16GB - Space Gray - 9 7 ASUS RTAC5300 Tn-Band Wireless Router 2 425 00 850 00 1 449 99 449 99 _ LSTN-LS-41-072 - Listen LS -41-072 Level I Stationary RF Assistive Listening System (72 MHz) RDL D -J3 Mic/Line Input Assembly XLR Connector (Solder) __ 22/2 Audio 1 1,298 00 1,298 00 3 99 04 297 12 6 7 99 _ 47 94 _ 550 _0 38 209 00 16/2 Speaker Wire 350 0 46 161 00 3ft HDMI 2 9 99 19 98 15ft HDMI _2 26 50 53 00 Installation of Audio Visual Products 1 12,556 00 12,556 00 Crestron Programming Stamp Programming Construction/Finish Work Contractor -to inlcude Demo of exisiting west wall soffit Replace with ceiling to floor wall Rlocate 2 sprinkler heads to ceiling in room Finish/Paint wall 1 4,625 00 4,625 00 1 1,650 00 1,650 00 1 3,850 00 3,850 00 Electrical Allowance 1 3,700 00 3,700 00 Project Managment Freight Performance Bond 1 5,750 00 5,750 00 1 735 00 735 00 1 2,125 00 2,125 00 ***Per RFP all fees for permits will be waived Please feel free to contact Tom Dennin at 303 330-9395 if you have any questions Thank you for the opportunity' www systemtechnologiesinc corn Accepted By Accepted Date www systemtechnoiogiesinc corn Form -9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/ForrnW9 for Instructions and the latest information. Give Form to the requester. Do not send to the 1RS. 1 Name (as shown on your income tax return). Name Is required on this line; do not leave this line blank. System Technologies Inc., LLC 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name Is entered on lire 1. Check only one of the following seven boxes. • ■ lndividuaVsoie proprietor or single -member LLC Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partne-ship) ► S Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC is another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of Its owner. Other (see instructions) ► • • C Corporation ❑ S Corporation Partnership U Trust/estete 5 Address (number, street, and apt. or suite no.) See instructions. 7043 S Garrison ST 6 City, state, and ZIP code Littleton CO 80128 7 List account numbers) here (optional) 4 Exemptions (codes apply only to certain entities, not individuals; see nstructlons on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) Apfin.ta to accounts maintarrwid ouLVOe the 1.1 S) Requester's name and address (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entitles, it Is your employer Identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Part II Social security number or . Employer identification number Certification i 7 i Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ► frbn General Instructions Section references are to the Internal Revenue Code unless otherwise noted Future developments. For the latest information about deve opments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns Include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) Date ► 1/ • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (Including a resident alien), to provide your correct TIN, If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding_ See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) New_Contract Request - • Entity Information Entity Name* Entity ID* SYSTEM TECHNOLOGIES II' LLC @00042486 Contract Name* SOUTFIWESTAUDIO/VISUAL UPGRADE Contract Status CTB REVIEW Contract Description* UPGRADE AUDIO/VISUAL SYS I LM IN SOUTHWEST SERVICE CENTER ❑ New Entity? Contract ID 3925 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman a@co weld co us Contract Description 2 Contract Type* CONTRACT Amount k $69,050 03 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgov co Department Head Email CM-BuildingGrounds- DeptHead @t 7weldgov corn County Attorney GENERAL COUNTY ATTORNEY EMAIL bounty Attorney Email C - CPUNTYATTORN EY@WELD GOV 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* 07/29/2020 Parent Contract ID Requires Board Approval YES Department Project # Due Date 07/25/2020 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 OnSase Contract Dates Effective Date Termination Notice Period Review Date* 12/31/2020 Committed Delivery Date Renewal Date Expiration Date* 12/31/2020 Contact Type r Contact Email Finance Approver BARB CONNOLLY Contact Phone 1 Purchasing Approved Date Finance Approved Date 07/28/2020 Legal Counsel BOB CHOATE Contact Phone 2 Legal Counsel Approved Date 07/28/2020 1 Contact,lnformation , Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head TOBY TAYLOR DH Approved Date 07127/2020 y ` FinalApproval BOCC Approved BOCC Signed Date ROCC Agenda Date 08/0312020 Originator SGEESAMAN 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 July 7, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Audio/Visual Upgrade Recommendation; Bid - B2000136 As advertised this bid is to replace the Audio/Visual equipment at the Southwest Large meeting room. The low bid is from Systems Technologies Inc and meet specifications. Therefore, Buildings & Grounds is recommending the award to Systems Technologies Inc for $69,050.03. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director ©x'/20 2(32.0 - 19'6'. f3606122 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E-mail: cmpeters(a�weldgov.com E-mail: reverett(cr�weldgov.com E-mail: rturf(a�weldgov.com Phone: (970) 400-4223, 4222 or 4216 DATE OF BID: JUNE 30, 2020 REQUEST FOR: SOUTHWEST SERVICE CENTER - AUDIO/VISUAL UPGRADE DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B2000136 PRESENT DATE: JULY 6, 2020 APPROVAL DATE: JULY 20, 2020 ESTIMATED ESTIMATED VENDOR TOTAL START DATE END DATE SYSTEMS TECHNOLOGIES INC, LLC $69,050.03 07/24/2020 08/04/2020 7043 S GARRISON ST LITTLETON, CO 80128 REJECTED BID* TROXELL COMMUNICATIONS $33,011.00 08/17/2020 08/31/2020 1740 DELL RANGE BLVD #H-455 CHEYENNE, WY 82009 *VENDOR DID NOT ATTEND MANDATORY PRE -BID MEETING. THE DEPARTMENT OF BUILDINGS & GROUNDS IS REVIEWING THE BIDS. 2020-1962 Hello