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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20193637.tiff
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 January 28, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Jail Drain Line — Change Order (2019-3637) B&G had a project to correct a leaking pipe that dripped onto the inmate property storage items of the Jail. The leaking pipe held the critical fiber needed to run the jail operations. The project excavated all the area around the pipe to install a drain line so any natural groundwater build up around the fiber pipe could be discharged away from the jail instead of into the jail's property room. Upon excavation, it was discovered that the fiber pipe has some integrity issues that needed to be repaired. Therefore, the County contacted a company that specialized in those repairs so the repairs could be made while everything was exposed/dug up. This repair resulted in a total 5 -day delay for the excavation company. The excavation company has identified the costs of personnel and equipment for this delay. And have requested a change order in the amount of $16,055.00. Therefore, Building & Grounds is recommending a change order in the amount of $16,055.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 0,0t15reil-t- 0103(ao cc: ee:5.0-er/sG- a -3-ao Q019- 3(Q37 e&oo&I CONTRACT AGREEMENT EXTENSION/AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS & GROUNDS AND JAGS ENTERPRISES, INC This Agreement Amendment ("Amendment"), made and entered into 27 day of January , 2020, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Buildings and Grounds, hereinafter referred to as the "Department", and JAGS Enterprises, INC. hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2019-3637, approved on September 23, 2019. WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Change Order #1, dated January 17, 2020 is hereby incorporated as an exhibit to the agreement and the terms are included in the Agreement. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: "%:AJ I\AC (AAA- kt I Printed Name v i. i r'i ah / 4„.,L i L J Signature ATTEST: Weld BY liasov W.Jek, Deputy CI ' k to th- Board APPROVED AS TO FUND Controller APPROVED AS TO FORM: G: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r1 Mike Freeman, Chair FEB 0 3 2020 APPROVED ASi1RD.$U8STANCE: Elect Official or Department Head 02o/9,5(057 Change Order Date; 1/17/2020 Customer. Weld County Government Weld County Jail Drain Project Enterprises, Inc Office 1-970-339-9971 Fax 1-970-506-0579 Quantity Unit Description Rate Amount 5 Days Lost Time due to Sturgeon work on fiber lines. $ 3,640.00 $ 18,200.00 7menx65.00x40hrs $ $ - 1500 sf Install sod by budding i (1.43) $ (2,145.00) Credit for County placing sod i - $ $ - $ $ - i $ - $ $ $ i - $ $ - i - $ - $ - $ - i $ $ - i - $ $ - $ $ - i - i $ - $ - $ $ $ - $ - $ Total 16,055.00 /D'te3io1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & JAG'S ENTERPRISES INC. JAIL DRAIN PIPE IN TA LATIO THIS AGREEMENT is made and entered into thi• ay of , 201__%by and between the County of Weld, a body corporate and politic of the State of Colora o, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 8063 I hereinafter referred to as "County," and Jag's Enterprises, Inc. whose address is 7951 W 28`" Street Greeley, CO 80631 hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOV, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: I. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in "Proposal Package No. B1900117. The RFP contains all of the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional agrees to procure the materials, equipment andor 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 Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shal I faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional 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 Contract Professional's completion of the responsibilities 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. C&: (97t460 -g -e}(6) q -z3- r9 0209- ,3637 ,66 04,24 Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional 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 by either party at any time with notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County. Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination. County shall take possession of all materials, equipment. tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and. Contract Professional 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. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County. Contract Professional 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 Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time . provisions of this Agreement 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $149,500.00 which is the bid. Contract Professional 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 Director of Weld County Buildings & Grounds, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County. if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional 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 Contract Professional in respect of any period after December 3 I 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 Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional'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. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, 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 Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional 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. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional 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. Contract Professional 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 Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. in addition, all reports, documents, data, plans, drawings, records and computer tiles generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed fonn, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word. "CONFIDENTIAL." However, Contract Professional 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. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional 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. Contract Professional 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. Standard of Care. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents 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. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall cxist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the 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. Weld County and the State must be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 I 1/85, (-'G 2037, or equivalent). 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"V i l l or better. Should any of the above - described policies by canceled or should any coverage be reduced before the expiration date thereof, the Contract Professional shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent within thirty (30) days upon receipt of such cancellation from carrier or reduction unless due to non-payment of premiums for which notice shall be sent ten ( I0) 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 coverage's 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 indemnify and hold harmless County. its officers, and employees, from and against injury, loss damage, or liability of Contract Professional arising out of the work done in fulfillment of the terms of this Contract, to the extent caused by a negligent act, error, or omission, or on account of any 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 he fully responsible and liable for 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 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, 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; $2,000,000 general aggregate; $2,000,000 products and completed operations 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. 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 coverage's 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. 14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional 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 Contract Professional 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 any 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. Director of Weld County Department of Buildings & Grounds, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (h) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: Jag's Enterprise, Inc. Attn.: Donald Garner; Vice -President Address: 7951 W. 28`x' Street Address: Greeley, CO 80631 E-mail: �r =w?.tJa i�trt.cum L � Telephone: (970) 339-9971 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1 105 H Street Address: Greeley, CO 80632 E-mail: ttavlor Facsimile: 970-304-6532 18. Compliance with Law. Contract Professional shall 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 Contract Professionals 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 aver 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 Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional 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 Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 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 024-10-101 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, Contract Professional 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. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional 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). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. 08-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract. affirm that Contract Professional 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. Contract Professional 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 Contract Professional 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, Contract Professional 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 Contract Professional receives federal or state funds under the contract, Contract Professional 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 Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Compliance with Davis -Bacon Wage Rates. Contract Professional understands and agrees that, if required the work shall be in compliance with the Davis- Bacon Wage Rates. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and: or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 32. Acknowledgment. County and Contract Professional 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 W EREOF, the parties hereto have signed this Agreement this 47?0 d of ,201. CONTRACT PROFESSIONAL: Jag's Enterprises, Inc. By: WQ ;�Ck eta Name: (� Title: ( O Cr 4 AAA - Date 6/7 r // WELD C ATTEST, Weld BY: 's.1.4144) jeltio;ti BOARD OF COUNTY COMMISSIONERS 'lerk to the Bo. rd WELD COUNTY, C ORADO Deputy Cl Barbara Kirkrneycr, hair 232019 c2o/9-.36 3 7 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: JULY 15, 2019 Exhibit A BID NUMBER: B1900117 DESCRIPTION: JAIL DRAIN PIPE INSTALLATION DEPARTMENT: BUILDINGS & GROUNDS BID OPENING DATE: AUGUST 9, 2019 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: JAIL DRAIN PIPE INSTALLATION A mandatory pre -bid conference will be held on July 29, 2019 at 11:00 AM, at the Weld County Jail located at 2110 O Street, Greeley, Colorado 80631. Please meet at the jail's main entrance. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street, Room #107, Greeley, CO 80631 until: 10:00 AM on August 9, 2019 Weld. Count Purchasin Time Clock 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 l a8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at https://www.weid Ov.car/depa eats/purchasing located under "Current Requests". And, on the Bidnet Direct website at www.bidnetdirect.corn. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. livery to Weld Count d 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weIdgov.com. 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. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Roy m #107, Greeley, CO 80631. Please call Purchasing at 970-4004222 or 4223 if ou have an uestions. 3. INSTRUCTIONS TO BIDDERS: UNTRUCTO Y INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing_ Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully ard 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, 44Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, t. waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the ;oerd of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scop'i of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair �( the Board of County , �rarr vaaai�€ nre4 of tI 1e Board oY Cou1 IL� '. uo lli 1 lissiUiici 07. 4. SUCCESSFUL BIDDER FIIRI TG 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 #B1900117 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 subcontract:. that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §4-17.5- 02(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in th State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered r falsified the identification docum}-nts for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. G. GENERAL PROVISIONS A. Fund Avail a t.11ity: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted anc 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 Confident e l n: Weld County discourages bidders from sLbmitting 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 s 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 confidetitallity 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 determiies 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 s parately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. BID REQUEST #B1 900117 Page 3 C. Governmentall Ir munety: No term or condition of the contract snail be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, pr.,tections 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 ::gents 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 succssful 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. Ck mpliarce 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. N. Third -Party aeneficiary 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 o,s 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 Feesl'Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I _ Disadvantaged Business Eterprises: 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 a n award . J. Pr•curenvnt 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. MarratlalutiatiiatUlaiat BID REQUEST #BI900117 Page 4 M. Extensiicon or odHcation: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional se -vices or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtaineo written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additinal services, whether or not there is in fact any such unjust enricirnent, shall be the basis of any increase in the cr:;r r ipensation payable hereunder. N. Subcontractors: The successful bicder 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 f: r thta completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right on its reasonable discretion to approve all personnel assigned to tie subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assign d to the Project. The successful bidder shall require each subcontractor, as approved by Csunty 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 t:, sward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Wnr;n nty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards i;overning such services and the provisions of this Agreement. The successful bidder iurtier represents and warrants that all services shL:ll be performed by qualified persnnel in a professional and workmnlikc manner, consistent with industry standards, and that all services will cnf- rrn to applicable spccifications. In addition to toe foregoing warranties, Contractor is aware that all work performed on this Project pursuant tthis Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractors workmanship or performance. 'he bidder warrants that the go ds to be supplied shall be merchantable, f good quality, and fret,, 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 las titic to the goods supplied and that the goods are free and dear of ail liens, encumbrances, and security inter-:sts. Service Calls in he First On 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, Co orado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goocts 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: tailed equipment specifications to include the warranty. 2. Descriptive literature. P. on=Assi nmant: The successful bidder may not assign or transfer this Agreement or any interest thereon or cairn thereunder, without the prior written approval of County. Any attempts by t successful bidder to assign or transfer its rights hereunder withut such prior approval by County shall, at the option of County, automatically terminat this Agreement and all rig its of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolu'e discretion of County. C . Interrup0ons: Neitier party to this Agreeri.erit shall be liable to the other f r 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 r+-yasonable control, inclining but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmerta:l actions. y�p.y,ypp�y��?�yy ... � . � ��3nGle1R.'nw..vLS Y _ •M 2 rWTMrol` BID REQUEST #81900117 Page 5 Nora=lH;xcflu&ave Agreemert: This Agreement is nonexclusive and County may engage or use other contractors or persors t perform services of the same or similar nature. S. Emptoyee l _ lnancoal lnterestiC anffdc t of Interc st Q C.R.S. I§24-78-2,91 et seq. and §24-50m507., The signatories -o thus 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 master 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 ,he trm of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts wit or in any way appear to conflict with the &I performance of its obligatins under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination f this Agreement. No emp oyee of the successful bidder nsr any member of the successful bidder's family shall serve on a County Boara, committee cor hold any such p sition which either by rule, practice; or action nominates, recommends, sup; erViSes the succtssful bidder's operations, or iiuthorizes funding to the successful biddtir. T. Severattility: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a coin 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 pares. U. Fainctg rbntrata can Prohobotea: Weld County does not agree to binding arbitration by any extra- judicial bocy •r oersn. Any provision to the con:nary in the contract or incorporated herein by reference shall be null and void V. Board •.f County Comm ossEoners of Weld County Approval: This Agreement shall not be valid until it has been approved by the B and of County Commissioners of Feld County, Colorado r its designee. W. Co pnsan nnout 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. Th successfu bidder acknowledges no payment in r?xcess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee , or by formal resolution of the Weld County B and of County Commissioners, as required pursuant to the Weld County Code. X. `J axes: County ill not withheld any taxes from monies paid to he successful bidder hereunder and the successful bider agrees to be solely responsible for the accurate reporting and payment of any taxes related t. payment made pursuant tio 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. INSURANCE REQUIREMENTS General Requirements: Success-zul bidders must secure, at or before the time of execution of any agreement or commencement of any work, the foil wing insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agr: ement, or any extension thereof, and during any warranty period. 'he required insuranc shall be underwritiei by .n insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII :•,r 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,he issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by crrtified 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. Of any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible r self - insured. retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. BOD REQUEST #B1900117 Page 6 The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the iabiii,y of Successful bidder. The County in no way warrants that the minimum limits contained herein ar sufficient to protect the Successful bidder from liabilities that might arise out of the per'forrnance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subc: •ntractors. The successful bidder shall assess its own risks <and if it deems . ppropriaate and/or prjdent, maintain higher limits and/ r broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reasf•n oits failure t. obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall r aintair, at its own expense, any additional kinds or amounts of insurance that it may deem necessary t. cover its obligations and liabilities under this Agreement.Any modification to these requirements must be ade in writing oy weld C•3unty. The successful bidder stipulates hat it has mea the insurance requirements identifid h rein. he successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials arc services oroviditt, the timely delivery of said services, and the c ordihati+gin ,•f all services rendered by the successful bidder and shall, without additionacompensation, promptly remedy and correct any errors, omissions, or other deficiencies. N EM iTY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fu fillment of the terms of this Contract or or account of any act, claim or amount arising or recovered under workers' c.rnpensation law or arising out of the failure of the successful bidder to conrrorm to any statutes, ordinances, regulation, law or court decree. The successful udder shall be fully responsible and liable for any and all injuries or damage received or sustainea by any ocrson, persons, or property on account of its performance under this Agreement err its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidoer in its metiods sr 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 oaragraph shall survive expiration or termination heref. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its electec officials, trustees, employees, agents, and volunteers for losses ;.;rising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this g reerent. A Types of Insurance: The successful bidder shall obtain, and maint Agreement, insurance in the following kinds and amounts: in at all times during the term of any Workers' C rinpensAion l surance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the c urse and scope of their employment. Policy shall contain c;i waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Cmpensation Act., AND when such successful bidder or subcontractor execu:es the appropriate sole oropri -1tor waiver form. • Comercoa8 General LialaDcty Insurance for bodily injury, property damage, and liabili assure contract, and desense costs, with the minimum limits must be as .follows: $ 4 ,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed opera ions aggregate; $1,000,000 Personal Advertising -njury under an insured Aut mobile Uab lotyz Successful bidder shall maintain limits f $1,000,000 for bodily injury per person, 1,000,OO for bodily injury for each accident, and $1,000,000 .r property damage applicable to all vehicles operating b.,th on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract BID REQUEST #61900117 Page 7 Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #BI 900117 Page 8 S CIFICA'I'1y NS AND/OR SC.PE OF WORK AND .R.P LY S R d P WELD . LINTY JAIL PER ORATE IN PIPE INSTAL! JATI N This project consists of concrete sidewalk demolition and installation of perforated pipe with a filter sock around existing conduits entering the building. The facility is located at 2110 "0" Street Greeley, Colorado 80631. Scone of work: This project will consist of concrete sidewalk demolition and installation of perforated pipe with a filter sock around existing conduits for the purpose of draining ground water away from the area of the conduits, The new piping will be tied into an existing drain pipe that runs west along the jail and daylights in an open area. Ail landscaping shall be returned to original condition and concrete that was removed shallbe replaced. The project will be accomplished in two phases so that access to the jail entrance will be kept open at all times. The work shall include: 1. Remove existing sidewalk, asphalt, and curb and gutter as necessary to install perforated drain pipe and filter sock where shown on attached map. 2. Excavate around conduits and provide proper bedding material for new drain piping. 3. Excavate at building to expose existing drain pipe and tie new piping into existing. 4. Bacilli! and compact all excavated areas. 5. Replace concrete, asphalt and curb and gutter to match existing. 6. Replace all landscaping and sprinkler systems to original condition. 7. Project will be permitted through the Weld County Building Department. Fees for building permits will be waived. 8. Estimated contract date is August 28, 2019. Based on this date, provide contractor's estimated completion date. 9. Davis -Bacon and Buy American requirements are NOT required. 109 Bids over $50,000 will require a payment (100%) and performance (100%) bond. All questions should be sent to cra auer@wel.dgov.com or ttayor@weldgov,cor A located mandatory preabid confer nee wilt be held on July 29, 2019 t 11:00 AM 2110 .4 Street, Greeley, C_ 80631. He IS will be received up to, but not Rater than PURCHA IN'4. x LIME aSCM. BID REQUEST #81900117 at the V r d County Jail se DIret at the s main entrance. 10:00 A .: gin August 9, 2019 (WELD COUNTY TOTAL BASE PRICING COMPLETION TIME aThrailirnSiagaiMM 41 a; Page 9 The undersigne�, _9 by his r her signature here y tsJcknovvi: dges 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. #B1900117. 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 bids) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID' WELD COUNTY EXEMPT FROM COL RDA SALES TAXES. T NUM BER IS #98-03551-O000. ATTEST: E CERTIFICATE YOU D NOT NEED TO SEND BAC P.A.F E I — 8. BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair tame BID REQUEST #B1900117 APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director "I. F EXEMPTION Page 10 Answers to questions for solicitation B1900117 — Jail drain pipe installation August — 5, 2019 1) Question: Will the proposed attached alternative location for the new perforated drain pipe be acceptable in lieu of the original explained method? Answer: The attached drawing is acceptable. The new drain pipe should be installed as closely as possible, but still below the existing buried conduit. ica?.):717 fl SPECIFICATIONS AND/OR SCOPE OF WORK A ) PROPOSED PRICING: WELD C LINTY JAI ER ' TED D , ° IN PIPE INST :ILLATION 1 h is project consists of concrete sidewalk demolition and installation of perforated pipe with a filter sock around existing conduits entering the building. The facility is located at 2110 `°0" Street Greeley, Colorado 80631. Sco a of work: This project will consist of concrete sidewalk demolition and installation of perforated pipe with a filter sock around existing conduits for the purpose of draining ground water away from the area of the conduits. The new piping win be tied into an existing drain pipe that runs west along the jail and daylights in an open area. All landscaping shall be returned to original condition and concrete that was removed shall be replaced. The project will be accomplished in two phases so that access to the jail entrance will be kept open at all times. The work shall include: I. Remove existing sidewalk, asphalt, and curb and gutter as necessary to install perforated drain pipe and filter sock where shown on attached map. 2. Excavate around conduits and provide proper bedding material for new drain piping. 3. Excavate at building to expose existing drain pipe and tie new piping into existing. 4. Back fi l l and compact all excavated areas. 5. Replace concrete, asphalt and curb and gutter to match existing. 6. Replace all landscaping and sprinkler systems to original condition. 7. Project will be permitted through the Weld County Building Department. Fees for building permits will be waived. 8. Estimated contract date is August 28, 2019, Based on this date, provide contractor's estimated completion date. 9. Davis --Bacon and Buy American requirements are NOT required. W. Bids over $50,000 will require a payment (100%) and performance (100%) bond. All questions should be sent to cna hotwct t V‘liji„cck o. urn or tIa ? t :n tit w1 .4�Lnn•w�` , A �; f will be held on t\h.. ti. at the Weld County Jail located at 2110 O Street, Greeley, Co 80631. Please meet at the jail's main entrance. Bids will be received up to, but not later than BID REQUEST #31900117 TOTAL BASE PRICING Sal COMPLETION TIME 30 C -tat aAIJ Page 9 The t r S ARM dLi by his her al t 9 he by . cknowledges and repress-Ftth t sm 1. The bic proposed herein meets all of the conditions, spec if Uions and special provisions set forth in the request for proposal for Request Yr'et r ,. -ri P �� 2., Thquotations set forth herein are exclusive of any era! excise taxes and ail other state and local taxes. or she is authorized to bind the below -named Sl d r for the amount shown on th accompanying proposal se 4, The signed bid submitt , all of the documents of the Request for Pro nil contained do (including, but not limited to, product specifications and saw"; of services)and the formal acceptant of the bid by Weld County, together nstitutes a contract with the contract date being the date of formal acceptanm of the bid by Weld County. 5. Weld / County re? bid ryes the the toreject any an¢�q�'�7 l bidt to waive any informality in the bids, and to pt the bi`3�J that, in She opinion of the Board d of younti i� m 'J i ionr& is to the best interests of Weld County. The b () may awarded ar to more than one ndor. c, 4 oe BUSINESS ADDRESS_ Tic Y CITY, Y STATE, Z I P CODE TELEPHONE .fib339197I APR NT D NA ME AND T}LE / fe ,I SIGNATURE a AlL ATE ... FM (1TAX I YAL4Lia: CtsYYN WELD COUNTY IS EXEM T FROM COLO NUMBER IS 098435514000. ATTEST: Weld County C rt to the Board BY Deputy Clerk to thBoard 0 SALES T SQ THE CERTIFICATE OF EXEMPTION BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Barba . 7 r m y r, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Contro Purchasina Director • BID REQUEST ;1900117 one Request for Taxpayer Identification Number and Certification ► Go to www,irs.govJFormW9 for instructions and the latest information. r a•r.=vn +: r, a :..1 y <i r�Fp r rr .; rtx-:ras!re t ';t. ih: , line ,7n not Ie8`Je ibis #ir,.* P ark Enterprises, Inc t 17951 W 28th Street 6 CrtY rime, airs 2 P rnc;e ;Greeley, Co. 80634 ar; roil lrte 1 {;nac•i,. only arie rr? it he tax ease tica r';n (f';..C: c,orpnranpr S :orp0:<itiOn P P;trtrre:r`;tnpi C ___ Note' tiger k the aPP,Oprl 1101 ctx at h a 'ti'ty anOVA spit ilia t r 3 .4t :(atiOil 7t ilia Str S r+arrcier roil II C rut LL,C r the L LC s riapror,PP-IS rr srnnira-rr'3rntShr LAW.; thaf r rorWhparctrri trr>,t? ₹he swher hrtatss tier errs ert_t-L anCt het LLC, that is not si.hrhpardwP from 2tia owner for U S fiidir tax p,: inner,•. r)thirrwrsa 3 rwit1=a- rrarptrsrr LLC Fn rfi:,rwipoiwp trod this Ownw srrrxriP aloe i. the aipproprrate Pon Irr thni t.ix .i i itiC4i n"ji ter Si ❑rCOl at p Weld County - Colorado 'Buildings and Grounds =It Taxpayer Identification Number (TIN) Enter your FIN in the appropriate box, The TIN provided must match the name given on Tine I It; avoid backup withholding. For individuals, this is generaily your social security number ISSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions tor Part I. later. For other entities, it is your employer identification number (LIN) If you do not have a number, see How In get a FIN, later Note: if the account i5 imore than one name„ see the instruct'onp bar line t Aiso see What Name and Number Fo Give the Requester for guidelines on whose number to enter rffill—tertification Under penalties of perjury, I certify that: 1. The number shown on tills furor is my correct taxpayer identification number for I am waiting for a number to be issued to me); and 2 I am net subject to backup wilt -wielding because (a) I am exempt Irons backup withholding, or On) i rave nol been notified by the Infernal Revenue Service (ICS) 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 codejsj entered on this form ;if any) indicating tftttt i aril exempt ?rum FArCA reporting is cerr t, Ce ttlicatlon Instructions. You must cross cut tam 2 above it you rave been notified oy the IRS that you are currently subject lc, backup withholding because you have tailed 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 sec:urec property, cancellation of debt, contriuutions to an individual retirement arrangement (IRA; and generally, payments other than interest and dividends you are no' required to sign the certification but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Give Form to the requester. Do not send to the IRS. rpo? prlty tci r,i,dIviduais pee on page al Signature of IU.S. pennon ► )6 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments For the latest intormatron about developments related to Fenn W-9 aria its instructions. such as legislation enacted atter they were published, go to wwrs' ins gov'FrnrmW 9 Purpose of Form An individual or entity (Force W-9 requester) who is required to file an information return with the IRS ntiast obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (If IN), adoption taxpayer identification number tAttNj, or employer identification number {EIN3, to report on ar information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are no( limited to, the following • Form I099-INT irnterest earned or paid) 9 -ON fdividen,ds e cluriinq those from stocks or rntttti.tl MISC (various t,roeS el income, prizes, awards, or gross f3 (stock or m0Iual lute sales and carom other transactions by broker) • Forrn 1F009 -S (proceeds Ifcgrn rest estot tr:.tnsac-ions} • Form I1)99 -r (merchant card and third party network transactlorts) • Four 1098 (home (mortgage interest), !098-E isluderit loan interest}, 1098-T (tuitlonj • Form 1099-C rranceled debt) • Frprm 1G99,A;acquisition or abandonment of sfetured property) Use v sirs - only rl you are a U.3, person finctudutg a resident alien), tc pros oe your correct TIN. I` you do not return Fenn W 9 to the requester adrFtt a IFFY you might e subiecf to backup withboldiog See W,nat is backup .sithttold{rg. r",it ha 10231X W-9 (Her IC) 2n ACORO® ��. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Risk Solutions 6600 E Hampden Ave Ste 200 Denver CO 80224 CONTACT MEKatie Smothers PHONE I FAX (A/C, No. Extl: 303-996-7801 (A/C, No): 303-757-7719 E-MAIL ksmothers@crsdenver.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: NAICO 23663 INSURED JAGSE-1 Jag's Enterprises, Inc. 7951 W 28th Street Greeley CO 80634 INSURER B : Pinnacol Assurance 41190 INSURER C : RLI Insurance INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 391735563 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO-JECT LOC OTHER: Y MP19010105 1/27/2019 1/27/2020 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 100,000 $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY X X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY MP19010105 1/27/2019 1/27/2020 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ 1,000,000 $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE DED RETENTION $ EACH OCCURRENCE AGGREGATE B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRI ETOR/PARTN ER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N Y N/A 4146867 6/1/2019 6/1/2020 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $1,000,000 $1,000,000 C Leased and Rented Equipment Special Form/ACV/80 % Coinsurance ILM0707058 1/27/2019 1/27/2020 Limit Deductible 50,000 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Weld County Jail Perforated Drain Pipe Installation Weld County and the State of Colorado are included as additional insured on the General Liability with respect to ongoing and completed operations of the named insured for the certificate holder as required by written contract. All policy terms, conditions and exclusions apply. 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 REPREESENTATIV el .% ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form New Contract Request Entity Information Entity Name* JAG'S ENTERPRISES INC Contract Name* JAIL DRAINAGE PROJECT Contract Status CTB REVIEW Entity ID* @00020804 ❑ New Entity? Contract ID 3108 Contract Lead SGEESAMAN Contract Lead Email sgeesaman@co weld co us Parent Contract ID Requires Board Approval YES Department Project I Contract Description * CORRECT DRAINAGE ISSUES AT THE NORTH JAIL COMPLEX BY INSTALLING PERFORATED PIPE. Contract Description 2 Contract Type * CONTRACT Amount * $149.500.00 Renewable* NO Automatic Renewal Grant !GA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgovc u nl Department Head Email CM-BuiidingGrounds- DeptHead @rreldgo, . c am County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I E ORNEY@NELD COV.COM Requested BOCC Agenda Date* 091091 2019 Due Date 09/002019 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date* Renewal Date 1213112019 Termination Notice Period Committed Delivery Date Expiration Date* 12'31:2019 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head TOBY TAYLOR DH Approved Date 09/11/2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date O9/23/2019 Originator SGEESAMAN Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 09/13/2019 Tyler Ref # AG 092319 Legal Counsel BOB CHOATE Legal Counsel Approved Date 09/16/2019 Submit 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 August 15, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Jail Drainage Project; (Bid #B1900117) As advertised, this bid is for correcting a drainage issue near the fiber line which enters the property room at the Jail. The low bid is from JAGS Enterprises Inc. and meets specifications. Therefore, Buildings & Grounds is recommending award to JAGS Enterprises Inc. for $149,500. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director oc) -3G)37 ©O@ l WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: cmpeters(weldgov.com E-mail: reveretta,weldgov.com E-mail: rturfa,weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: AUGUST 9, 2019 REQUEST FOR: JAIL DRAIN PIPE INSTALLATION DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B1900117 PRESENT DATE: AUGUST 12, 2019 APPROVAL DATE: AUGUST 26, 2019 VENDOR TOTAL COMPLETION TIME JAGS ENTERPRISES, INC $149,500 30 CALENDAR DAYS 7951 W 28TH ST FROM START DATE GREELEY, CO 80631 THE DEPARTMENT OF BUILDINGS AND GROUNDS IS REVIEWING THE BID. y G20/9-310.31 6g, 004-(
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