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Home My WebLink About20202697.tiffAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & C&R ELECTRICAL CONTRACTORS INC 35TH AVE TOWER SITE EXTERIOR LIGHTING THIS AGREEMENT is made and entered into this '7ihday of ©cfober , 202O, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and C&R Electrical Contractors Inc 10475 Irma Dr. Unit #13 Northglenn, CO 80233, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2000169". The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in the Exhibits which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement oot Arviou lO1O7I8O o&c-r15& /D ,D7 -a0 aoeo-6'CC97 by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A&B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $33,498.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. This paragraph shall survive expiration or termination hereof. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Builder's Risk Insurance: Builder's risk coverage in the amount of completed work for renovations, repairs made by the Insured on this project. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Pollution Liability: Contractor/Contract Professional shall provide Pollution Liability Insurance if/when it is found that soil has been contaminated. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: C&R Electrical Contractors Inc Attn.: Randy Chestnut - Secretary Address: 10475 Irma Dr. Unit #13 Address: Northglenn, CO 80233 E-mail: crelec@comcast.net Telephone: (303) 450-6691 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. uo IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 21 day of Witw►BE 2 , 202O. CONTRACTOR: C&R Electrical Contractors Inc By: Name: RANO Y Cm-45ThtuT Title: 5 E,L_ Date 9 � / 2e 2© WELD CO Ci ATTES -�/ 4A.1 �• Weld oyn/ Clerk th - Board BY �� Deputy APPROVED AS T Controller APPROVED AS TO FORM: DING: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair Pro-TemOCT O 7 2020 APPROVED AS T : UBSTANCE: I or Department Head Sao -97 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: AUGUST 10, 2020 BID NUMBER: B2000169 DESCRIPTION: 35TH AVE TOWER SITE EXTERIOR LIGHTING DEPARTMENT: BUILDINGS & GROUNDS PRE -BID MEETING: AUGUST 21, 2020 BID OPENING: AUGUST 28, 2020 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: 35TH AVE TOWER SITE EXTERIOR LIGHTING A mandatory pre -bid conference will be held on August 21, 2020 at 11:00 AM at the tower site, 3105 35th Avenue, Greeley, CO 80634. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. We will be adhering to current state social distancing guidelines. Bids will be received for the above stated equipment up to, but not later than: (Weld County Purchasing Time Clock). August 28, 2020 at 10:00 AM **PLEASE NOTE: Due to the recent events surrounding the Coronavirus (COVID-19) pandemic, some county employees are teleworking; therefore, the bid opening will be held via a Skype Conference Call. See page 10 for conference call information.** PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid elivery t Weld County: 1. Email. Due to the Coronavirus (COVID-19), emailed bids are required. Bids may be emailed to bids©weldgov.com; however, if your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet is 500 MB. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970-400- 4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director/Purcnasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform BID REQUEST #82000169 Page 2 work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24 72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(lV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. BID REQUEST #B2000169 Page 3 C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or- other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the success'ul bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. BID REQUEST #62000169 Page 4 M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. 0. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2 Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. BID REQUEST #B2000169 Page 5 R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject mailer of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, gocds or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warrant/ period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self - insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. BID REQUEST #B2000169 Page 6 The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law. ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000;000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. BID REQUEST #B2000169 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 Acministrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of:he 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 #B2000169 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: 35TH AVE TOWER SITE EXTERIOR LIGHTING This bid is for the installation of new pole mounted lights and wall mounted sconces to illuminate the grounds. The address of the tower site is 3105 35th Avenue, Greeley, CO 80634. This is a turnkey installation project for all new lighting at this site. Scope 1. Provide and install 7 new light pole mounted lights and 2 new wall mounted sconces. 2. Wall mounted sconces will be mounted on existing building at locations shown on photometrics plan. 3. New light poles will be located as shown on photometrics plan. 4. Contractor will be responsible for supplying and installing light pole bases, conduit, light poles and light heads as listed on luminaire schedule. Cut sheets attached. 5 Contractor will be responsible for light pole bases including excavation, spoils removal, concrete, re - bar and anchor bolt installation. 6. Any core drilling, concrete cutting, concrete removal and concrete replacement required to complete this project shall be by the contractor. 7. All trenching, backfill and compaction for light pole installation shall be by contractor. 8. Power will be brought from existing panels inside building in conduits underground to new light poles 9. Power for wall mounted sconces will be brought from existing panels inside building and routed through building to sconce location. 10 All existing wall sconces are to remain in operation. 11 Owner will designate which circuits will be used for power. 12 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 13 Remove and properly dispose of all trash generated by construction activities off -site. 14. Dispose of / recycle all equipment off -site in a legal manner. 15. Payment and Performance bonds are required if the costs exceed $50,000.00. 16. Bidder is expected to enter into a standard County contract. 17. The project will be permitted through the Weld County Building Department. Fees for permits will be waived. 18. A builder's risk policy in the amount of the completed work shall be provided for this project. 19. No bid bond is required for this project. 20. Davis -Bacon and Buy American requirements are NOT required. 21. Based on receiving a contract by September 18, 2020, provide an estimated start date and completion time. ESTIMATED START DATE DAYS FOR COMPLETION: Cost: Provide total turn -key cost for this project. TOTAL BID REQUEST #B2000169 Page 9 A mandatory pre -bid conference will be held on August 21, 2020 at 11:00 AM at the tower site, 3105 35th Avenue, Greeley, CO 80634. Bids will be received up to, but not later than August 28, 2020 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). BID OPENING WILL BE HELD VIA A SKYPE CONFERENCE CALL To join call: 1 (720) 439-5261 and enter Conference ID: 479318553 Please note that due to the Coronavirus (COVID-19) pandemic, some of us are teleworking. With that said, the following changes have been made to our current bid process until future notice: 1. No hard copies of bids will be accepted. 2. Only one electronic copy of your bid is needed. PDF format is required. 3. Email bids to bidsO.weldgov.com. If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com/. The maximum file size to upload to BidNet is 500 MB. BID REQUEST #B2000169 Page 10 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2000169. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -- 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #82000169 Page 11 ADDENDUM#1 BID REQUEST NO. B2000169 35TH AVENUE TOWER SITE EXTERIOR LIGHTING Buildings & Grounds Department BID SPECIFICATIONS / PLANS CHANGES: 1) The bid package that was originally published on BidNet did not include any drawings of the existing building. See attached as -built reflected ceiling plan of the existing building. Bids for the above stated merchandise, equipment, and/or services will be received until 10:00 AM on August 28. 2020 (Weld County Purchasing Time Clock)% BID OPENING: The bid opening will remain as a Skype conference call as identified on Page 10 of the Bid Specifications (directions for Skype calling). ***We need signed copy on file. Thank you!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL August 24, 2020 35TH AVENUE TOWER SITE EXTERIOR LIGHTING B2000169 Questions & Answers Posted 08/25/2020 1) Question: Are there as-builts prints available for us to go over, it would help with avoiding underground mishaps, and it would also give us a better understanding of the dispatch side of the building where we are to install two wall packs. Answer: See attached reflected ceiling plan as-builts for the new dispatch portion of the building. The bathrooms at the east side of the building currently have drywall ceilings. We do not have any as-builts that show the underground utilities. Some of the utilities will require private locates and costs for this should be included in the bid price. 2) Question: What is the setback distance for the light poles from the fence line? Answer: The setback will be approximately three feet. 3) Question: Is there a grounding grid installed in the lot, if so how deep is it? Answer: This site was not originally the counties. There is a grounding grid but we don't know the dimensions or the depth. 4) Question: Is a General Contractor's license going to be required by Weld County on this project? Answer: No. Exhibit B SPECIFICATIONS AND/OR -SCOPE OF WORK AND PROPOSED PRICING 35TH AVE TOWER SITE EXTERIOR LIGHTING This bid is for the installation of new pole mounted lights and wall mounted sconces to illuminate the grounds The address of the tower site is 3105 35th Avenue, Greeley, CO 80634 This is a turnkey installation project for all new lighting at this site Scope. 1 Provide and install 7 new light pole mounted lights and 2 new wall mounted sconces 2 Wall mounted sconces will be mounted on existing building at locations shown on photometncs plan., 3 New light poles will be located as shown on photometncs plan 4 Contractor will be responsible for supplying and installing light pole bases, conduit, light poles and light heads as listed on luminaire schedule Cut sheets attached 5 Contractor will be responsible for light pole bases including excavation, spoils removal, concrete, re - bar and anchor bolt installation 6 Any core drilling, concrete cutting, concrete removal and concrete replacement required to complete this project shall be by the contractor 7 All trenching, backfill and compaction for light pole installation shall be by contractor 8 Power will be brought from existing panels inside building in conduits underground to new light poles. 9 Power for wall mounted sconces will be brought from existing panels inside building and routed through building to sconce location 10 All existing wall sconces are to remain in operation 11 Owner will designate which circuits will be used for power 12 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements 13 Remove and properly dispose of all trash generated by construction activities off -site 14 Dispose of/ recycle all equipment off -site in a legal manner 15 Payment and Performance bonds are required if the costs exceed $50,000 00 16 Bidder is expected to enter into a standard County contract 17 The project will be permitted through the Weld County Building Department Fees for permits will be waived 18 A builder's risk policy in the amount of the completed work shall be provided for this project 19 No bid bond is required for this project 20 Davis -Bacon and Buy American requirements are NOT required 21 Based on receiving a contract by September 18, 2020, provide an estimated start date and completion time Cost Provide total turn -key cost for this project ESTIMATED START DATE° DAYS FOR COMPLETION. Oct 19 2020 60 TOTAL $, 33,498 00 _ BID REQUEST #B2000169 Page 9 i The undersigned, by has or her signature, hereby acknowledges and represents that: 1 The bid proposed herein meets all of the conditions, a.ecifications and special provisions set forth in the request for proposal for Request No. i!#13200 ",, . 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 ail bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best Interests of Weld County The bid(s) may be awarded to more than one vendor FIRM C&R Electrical Contractors Inc BUSINESS ADDRESS 10475 Irma Dr Unit #13 CITY, STATE, ZIP CODE I1orthgienn, CO 80233 TELEPHONE NO 303-450-6691 FAX 303-450-9648 TAX ID #84-0622944 PRINTED NAME AND TITLE _ Sandy Chestnut - Secretary SIGNATURE E-MAIL creiec@comcast.ne DATE August 8 2020 '`�10 t_w�lI�DEI�SYSi aAL.S �l�l�_QVtDE /R 1≥�!-.9,1f►11T�-t TIMIE SL10 MI IQJNt�F Ili 0E9I� �1tb °i WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF E 'ION ' to NUMBER IS #98-03551-0000. k 3Li ,. =.sAt ATTEST. BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY. Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE' Elected Official or Department Head Con rollerIPurchasing Director BID REQUEST Page 11 Form Pafi®E (Rev October 2018) Department of the Treasury Internal Revenue Service R - quest for Taxpayer Pdentifica$oon Number and Certification Go to www Ira gov/FormW9 for Instructions and the latest information Give Form to the requester Do not send to the IRS ai m a ao O ca d o a 1 Name (as shown on your lncomo tax return) Name is required on this line do not leave this line blank C&R Electrical Contractors Inc 2 Business neme/dlsragarded'entity name, If different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 Check only one of the following seven boxes ❑ IndividuaVsole proprietor or single member LLC ❑ Limited liability company Enter the tax classification (C=C corporation, S=S corporation P=Partnership) Note Check the appropriate box In the line -above for the tax classification of the single-mamber owner, Do not check LLC If the L'LC is classified as a single -member LW that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from,the owner for U S federal taw purposes. Otherwise -ea-Ingle member LLC that fa disregarded from the owner should check the appropriate box for the tat classification of Its owner ❑, Other (sae Instructions)> ® C Corporation ❑ S Corporation O Partnership O Trust/estate 4 Exemptions (codes apply only to certain entitles not Individuals see Instructions on page 3) Exempt payee code (If any) Exemption from FATCA reporting code (If any) (Applies to enrwnis memtmned outside the U.S.) 5 Address (number street and apt or suite no ) See Instructions 10475 Irma Dr #13 6 Clty state and ZIP code Northglenn, CO 80233 Requesters name and address (optional) 7 List account number(s) here (optional) Taxpayer Identification Number_fTIN) Enter your TIN In the appropriate box The TIN provided must match the name given on, line 1 to avoid backup withholding For individuals, this is generally your social security number (SSN) However for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later For other entities, it is your employer identification number (BIN) If you do not have a number, see How to get a ITN, later Note If the account is in more than one name see the instructions for line 1 Also see What Name and Number To Give the Requester for guidelines on whose number to enter Social security number or Employer identification number 8 4 0'6 2 2 9 44 Certification Under penalties of perjury, I certify that 1 The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2 I am not subject to backup withholding because (a) I am exempt from backup withholding or (b) I have not been notified by the Internal Revenue Service (IRS) that 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 parson (defined below) and 4 The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct Certification instructions You must cross out item 2 above if you have been notifiedby the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN See the Instrt)ctions for Part II, later Sign Here GenerJJ instructions Section references are to the Internal Revenue Code unless otherwise noted Future developments For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published go to www irs gov/FormW9 Purpose of Form An individual or entity (Form W-9 requester) who Is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number (ITIN). adoption taxpayer Identification number (ATIN), or employer identllit.ation number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return Examples of information returns include, but are not limited to the following • Form 1099-INT (Interest earned or paid) Date ra • Form 1099-DIV (dividends including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest) 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U S person (including a resident alien) to provide your correct TIN If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding See What is backup withholding, later Cat No 10231X Form W-9 (Rev 10 2018) A'mandatoiv, pre -bid coiiference-will be held on August 21 2020 at 11:00 AM at the tower site, 3105 35th Avenue, Greeley, CO 80634. Bids will be received up to, but not later than AusiUst 28, r2020 at 1,0:00,-Ani (WELD COUNTY PURCHASING TIME CLOCK). BID -OPENING WILL BEIAELD VIA A SkYPE CONFERENCE CALL To join call 1 (720) 439-5261 and enter Conference ID 479318553 Please note that due to the Coronavirus (COVID-19) pandemic, some of us are teleworking. With that said, the following changes have been made to our current bid process until future notice. 1 No hard copies of bids will be accepted 2 Only one electronic copy of your bid is needed PDF format is required 3 Email bids to bidsc weldaov.com If your bid exceeds 25MB please upload your bid to https:/lwww.bidnetdirect.com! The maximum file size to upload to BidNet is 500 MB BID REQUEST #82000169 Page 10 t ADDENDUM#1 BID REQUEST NO B2000169 35TH AVENUE TOWER SITE EXTERIOR LIGHTING Buildings & Grounds Department BID SPECIFICATIONS / PLANS CHANGES: 1) The bid package that was originally published on BidNet did not include any drawings of the existing building See attached as -built reflected ceiling plan of the existing building. Bids for the above stated merchandise, equipment, and/or services will be received until 10:00 AM on August`28: 2020MoldCounty'Puichasina Time Clock). BID OPENING. The bid opening will remain as a Skype conference call as identified on Page 10 of the Bid Specifications (directions for Skype calling). ***We need sinned copy on file. Thank you!*** C&R Electrical Contractors Inc Addendum received by: FIRM 10475 Irma Dr Unit #13 ADDRESS Northglenn, CO 80233 CITY AND STATE RandyJyp� g/� �y `Wally signed by Randy Chestnut Y \� i @ (A �p �J h e st i Y u E ec4oel Contra ors Inn CN-Rendy Chzocaur d oaks 202421.21.6O4.A2299-.-.. BY crelec@comcast net EMAIL August 24, 2020 /� ,y� A� ®® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 09/21/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER Brown & Brown of Colorado Inc 4532 Boardwalk Dr Suite 200 Fort Collins CO 80525 CONTACT Jody Harris NAME FX, No) (970) 484-4165 (RHONE Ext) (970) 482-7747 IA E MAIL certificates@bbcolorado corn ADDRESS INSURER(S) AFFORDING COVERAGE NAIC # INSURERA Westfield Insurance Company 24112 INSURED C&R Electrical Contractors 10475 Irma Dr Unit 13 Northglenn CO 80233 INSURER B Pinnacol Assurance 41190 INSURER C INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 20-21 Master 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 A INSD � WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL ICLAIMS MADE LIABILITY OCCUR CWP7604548 07/01/2020 07/01/2021 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO PREM SES (Ea occu REED $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1 000 000 GEN LAGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $ 2,000,000 --1POLICY X MIT LOC PRODUCTS-COMP/OPAGG $ 2,000 000 OTHER $ A AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON OWNED AUTOS ONLY CWP7604548 07/01/2020 07/01/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ ^ BODILY INJURY (Per accident) $ _ PROPERTY DAMAGE (Per accident) $ _ $ A X UMBRELLA LIAR EXCESS LIAB IX OCCUR CLAIMS -MADE CWP7604548 07/01/2020 07/01/2021 EACH OCCURRENCE $ 1,000,000 I AGGREGATE $ 1,000,000 DED I XI RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below YIN NIA 4202797 07/01/2020 07/01/2021 X PER I I OTH STATUTE ER EL EACH ACCIDENT $ 1,000 000 N E L DISEASE EA EMPLOYEE $ 1 000,000 E L DISEASE POUCY UMIT 3 1 000,000 A Property CWP7604548 07/01/2020 07/01/2021 Leased/Rented Equip $75 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Weld County is included as additional insured for completed and ongoing operations per policy forms and i,onditlons listed on page 2 A waiver of subrogation applies CERTIFICATE HOLDER CANCELLATION Weld County 1105 H Street Greeley CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID LOC # ACCW11119- ADDITIONAL REMARKS SCHEDULE Page of AGENCY Brown & Brown of Colorado, Inc NAMED INSURED C&R Electrical Contractors POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER 25 FORM TITLE Certificate of Liability Insurance Notes If required by wntten contract, the following form(s) may apply General Liability Blanket Additional Insured - Ongoing Operations - Form CG 2010 Blanket Additional Insured - Completed Operations - Form CG 2037 BlanketAdditional Insured - Form CG 7137 Blanket Waiver of Subrogation - Form CG 7137 Per Project General Aggregate - Form CG 2503 Per Location General Aggregate - Form CG 2504 Primary & Non -Contributory Automobile Liability BlanketAdditional Insured - Form CA 7078 Blanket Waiver of Subrogation - Form CA 0444 Workers Compensation Blanket Waiver of Subrogation - Form 359B Umbrella Follow Form over General Liability, Auto Liability & Workers Compensation ACORD 101 (2008101) © 2008 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 September 22, 2020 To: Board of County Commissioners From: Toby Taylor Subject: 35TH Ave Tower Site Exterior Lighting — Bid 2000169 As advertised this bid is to install new site exterior lighting at the 35TH Ave new tower location. The low bid from Skyline Lighting and Electric LLC met specifications and was awarded on September 16, 2020. During the contracting phase, Skyline Lighting and Electric LLC, identified they would no longer be able to perform this work. The second low bidder is C&R Electrical Contractors LLC and meets specifications. C&R Electrical Contractors LLC states they will be able to perform this job. Therefore, Buildings & Grounds is recommending awarding to C&R Electrical Contractors LLC in the amount of $33,498.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 267 g&x022 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 September 4, 2020 To: Board of County Commissioners From: Toby Taylor Subject: 35TH Ave Tower Site Exterior Lighting — Bid 2000169 As advertised this bid is to install new site exterior lighting at the 35TH Ave new tower location. The low bid from Skyline Lighting and Electric LLC meets specifications. Therefore, Buildings & Grounds is recommending awarding to Skyline Lighting and Electric LLC in the amount of $23,362.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2D20 -9.6677 Via©. WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmpeters(a�weldgov.com E-mail: reverett(a�weldgov.com E-mail: rturf anweldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: AUGUST 28, 2020 REQUEST FOR: 35TH AVE TOWER SITE EXTERIOR LIGHTING DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B2000169 PRESENT DATE: SEPTEMBER 2, 2020 APPROVAL DATE: SEPTEMBER 16, 2020 VENDOR ESTIMATED DAYS FOR TOTAL START DATE COMPLETION SKYLINE LIGHTING & ELECTRIC LLC $23,362.00 09/01/2020 7 DAYS 1980 S QUEBEC ST STE 202 DENVER, CO 80231 C&R ELECTRICAL CONTRACTORS INC $33,498.00 10/19/2020 60 DAYS 10475 IRMA DR UNIT #13 NORTHGLENN, CO 80233 MAC ELECTRIC COMPANY INC $34,742.64 10/19/2020 14 DAYS 1208 POPLAR ST JOHNSTOWN, CO 80534 DICKINSON ELECTRIC INC $52,180.00 09/14/2020 28 DAYS 1175 E 2ND ST LOVELAND, CO 80537 MCBRIDE LIGHTING & ELECTRICAL $52,596.08 09/28/2020 30 DAYS SERVICES 16026 W 5TH AVE GOLDEN, CO 80401 COLORADO LIGHTING INC $64,894.26 10/26/2020 15 DAYS 1831 E 73RD AVE DENVER, CO 80229 FACILITY SOLUTIONS GROUP INC $65,460.73 TBD* 15 DAYS 555 W 48TH AVE STE A DENVER, CO 80216 MERIT ELECTRIC $82,000.00 10/19/2020 15 DAYS 2590 MIDPOINT DR FORT COLLINS, CO 80525 *EVERYTHING IN STOCK BUT ONE ITEM. THE DEPARTMENT OF BUILDINGS AND GROUNDS IS REVIEWING THE BIDS. 2020-2697 09/02 vGoo2� Hello