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Home My WebLink About20190871.tiffDEPARTMENT 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 December 27, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Southwest Booking Change Order #2 — (2019-0871) During the demolition phase for the Southwest booking, it was discovered that the HVAC ducting was not running the correct direction to meet the fire code design standards. The project was shut down for about month while a practical and economical solution was developed with the architect and engineers. This solution was developed and approved with Change Order #1. As installation progressed, it was realized that this designed solution omitted the necessary fire retardant for exposed wood in the plenum space. Therefore, an amendment to the design to include the necessary drywall material to provide this fire retardant was developed. The cost for installation of this drywall material is $6,728.00. Since this is the most practical solution to correct this issue, Buildings & Grounds is recommending approval of the attached change order for $6,728.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director c; LP 66-O"-r/S& a©i9_ 0r7I ©o .( CONTRACT AGREEMENT EXTENSION/AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS & GROUNDS AND AMERICAN CONSTRUCTION SERVICES LLC This Agreement Amendment ("Amendment"), made and entered into 30TH day of December , 2019 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 American Construction Services.LLC. 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. 2019-0871, approved on April 15, 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 #2, dated December 26th, 2019 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: Carolyn Klassen, President Printed Name Signature ATTEST: Weld BY: Deputy CI to th - Board APPROVED AS TO FUNDING: APPROVED AS TO FORM: f County Attorney Assistant Controller BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair JAN 0 6 202O APPROVED AS TANCE: cial or Department Head 4o/ 9 oe 71 December 26, 2019 Curtis Naibauer, Project Manager Weld County Buildings & Grounds 1105 H Street Greeley, CO 80632 AMERICAN CONSTRUCTION SERVICES, LLC An EI)WOSB Certified Firm • EXPERIENCE • PERFORMANCE • VALUE RE: SW Weld County Booking Intake Remodel Curtis, We are submitting Change Order #2 based on directives to install '/2" drywall on top of the plywood in the air plenum. This does not include fire taping the drywall. If drywall is required to be fire taped and/or is thicker the '/2" for which we have been directed to provide pricing there will be an additional cost. Change Order #2 also includes installation of two (2) mixing valves for each of the lays within Holding Cell 1 and Holding Cell 2. General Conditions Division 9 — Labor/Material to install '/2" Drywall on top of plywood (no fire taping) Division 15 — Plumbing (mixing valves) Sub Total Bond Cost Total Change Order Price $ 500.00 $ 6,066.25 465.75 6,532.00 196.00 $6,728.00 General conditions include project management time. Adding an additional layer of sheetrock is time consuming due the space restraints and difficulty in stocking additional material in the confined space. Our price to complete the work as described is $6,728.00. This information is being provided without direction from the architect to make these additional changes. Any deviation from the pricing we have been instructed to obtain and provide could result in additional charges and time delays. Pricing assumes immediate approval to proceed with the work with a formal change order to follow. Extended delays will increase the amount charged for General Conditions. Please let me know if you have any questions. Sincerely, COADtv 1464,Q-,3 Carolyn Klassen, President American Construction Services, LLC 1905 W. 8th Street, Suite 215 Loveland, CO 80537 (970) 217-1258 M a r k IP y DESIGNS ARCHITECTURE - PLANNING - CONSULTING TO: PHONE: Curtis Naibauer. 1105 H Street P.O. Box 758 Greeley, Colorado 80632 970.400.2027 cnaibauer@weldgov.com FROM: Markley Designs 1019 39TH Ave, Suite L Greeley, CO 80634 PHONE: 970-673-8248 mark@markleydesigns.com Project: South West Service Center Booking Remodel RE: RESPONSE TO RFI #18 QUESTION: Fire Rated Ceiling Assembly Concern — The Fire Rated Ceiling assembly calls for T&G plywood. Some concern has been raised regarding use of this material above the ceiling as it appears to be plenum. It is our understanding that all material must be non-combustible in this area and even fire -rated plywood becomes combustible over time. SUGGESTION: Please confirm the T&G specified material to be used in rated plenum throughout the space is acceptable. RESPONSE: 1. Provide 'A" gyp bd on top of the provided ceiling system, for use as a plenum. 2. Install with the structural engineer's additional recommendation dated 12/27/19 from Wernsman Engineering, Inc. (Letter Attached) CC. wei.steve@outlook.com kainsworth@g2ce.com Response by: Mark Markley Architect Markley Designs Ilc 12/27/19 1019 39th Ave, Suite L Greeley, CO 80634 1 row WERNSMAN ms ENGINEERING, INC 1011 42nd STREET • EVANS, CO 80620 Phone (970) 353-4463 Fax (970) 353-9257 December 27, 2019 Markley Designs 1019 39th Ave, Ste L Greeley, Colorado 80634 Re: South West Weld County Service Center --Booking Intake 4209 CR 24 1/2, Longmont, Colorado I visited the subject building on December 10, 2019 to make observations of the structure. Specifically, I needed to verify the ceiling structure for the fire rated ceiling area, which is over Intake Room 002 only. The rated ceiling system is estimated to weigh approximately 11 psf. The ceiling joists will span approximately 15 feet. The ends of the joists will be supported by walls, one end has a masonry wall and the other end is a light gage stud wall resting on concrete slab. I have concluded that the joists can span the 15 feet and the walls can adequately support the ceiling, but I recommend that wires be installed to augment the support. The wires should be attached to the existing bar joists above at the panel points of the bar joists. If you have any questions, please call. WERNSMAN ENGINEERING, INC. Stephen C. \ Nernsman, P.E. Pres. DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 October 31, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Southwest Booking Change Order #1— (2019-0871) During the demolition phase for the Southwest booking, it was discovered that the HVAC ducting was not running the correct direction to meet the fire code design standards. The project has been shut down for about month while a practical and economical solution was developed with the architect and engineers. The most practical solution has been designed. However, the work will result in this change order in the amount of $76,143.00 Therefore, Buildings & Grounds is recommending approval of the attached change order for $76,143.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 11/ 09 c,c,i9 8a- L-rris II -64- iq O0(1 -o% --r I C_,00a l CONTRACT AGREEMENT EXTENSION/AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS & GROUNDS AND AMERICAN CONSTRUCTION SERVICES LLC This Agreement Amendment ("Amendment"), made and entered into 29TH day of October , 2019 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 American Construction Services. LLC. 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. 2019-0871, approved on April 15, 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 October 16th, 2019 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: (-o kiCkSse rt Printed Name ( Q -� Signature ATTEST: Weld BY: �.�4.►� 4Corw_ �/ , the Board Deputy Clerk APPROVED AS TO FUNDING::,. Senior Accountant APPR VEDAS/TAO F�ORRM� : County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORAD Barbara Kirkmeyer, Chai NOVA 2019 APPROVED AS TOSyBSTANCE: cteOfficial or Department Head 02 0 /9_ 0P7i October 16, 2019 EXHIBIT AMERICAN CONSTRUCTION SERVICES, LLC An 5DWOS8 C,ri,ind Firm • EXPERIENCE • PERFORMANCE • VALUE Curtis Naibauer, Project Manager Weld County Buildings & Grounds 1105 H Street Greeley, CO 80632 RE: SW Weld County Booking Intake Remodel Curtis, We are submitting Change Order #1 to encompass the changes reflected on the revised Markley Designs drawings dated 09/17/2019 to resolve fire wall issues and revised CML drawings dated 10/3/19 adding a pedestal at the sally port exit. Total change order price is $76,143.00 as detailed by division below. General Conditions Division 3 — Concrete Division 4 — Masonry (additional walls for toilets and north wall extension) Division 8 — Repining Locks Division 9 — Steel Wall Angle Division 9 — Framing/Drywall Division 9 — Framing/Drywall credit Division 9 — Acoustical Ceiling Credit Division 9 — Access Panels Division 15 — HVAC Division 15 — Plumbing Division 15 — Fire Sprinkler Division 16 — Electrical (including the exit pedestal) Bond Cost Total Change Order Price $ 7,253.00 1,747.00 2,856.00 3,470.00 4,256.00 27,835.00 -4,679.00 -3,107.00 3,731.00 11,124.00 4,368.00 6,416.00 8,655.00 2.218.00 $ 76,143.00 General conditions include extra supervision and project management time. Doing the fire rated hard lid throughout the space is more time consuming than acoustic ceiling and there is additional ceiling demo in the restroom/shower room. Also please note that due to the delays in resolving the issues, the completion date of 11/22/2019 per the original schedule will need to be extended. Once the change order has been approved and we can proceed with work, a schedule will be presented showing a new completion date. Please let me know if you have any questions. Sincerely, Carolyn Klassen, President American Construction Services, LLC 1905 W. 8th Street, Suite 215 Loveland, CO 80537 (970) 217-1258 SW Weld County Booking Intake Remodel CO #1 Breakout Labor Material Other Total Division 1- General Conditions Division 3 - Concrete Division 4 - Masonry Division 8 - Repining Locks Division 9 - Steel Wall Angle Division 9 - Framing/Drywall Division 9 - Framing/Drywall Credit Division 9 - Accoustical Ceiling Credit Division 9 - Access Panels Division 15 - HVAC Division 15 - Plumbing Divison 15 - Fire Sprinkler Division 16 - Electrical (including exit pedastal) Bond Cost Totals 6,406.00 786.00 1,998.00 4,256.00 19,085.00 -3,370.00 2,781.00 2,140.00 5,446.00 7,846.00 961.00 858.00 8,750.00 -1,309.00 3,731.00 8,343.00 2,228.00 970.00 809.00 47,374.00 25,341.00 847.00 7,253.00 1,747.00 2,856.00 3,470.00 3,470.00 4,256.00 27,835.00 -4,679.00 -3,107.00 -3,107.00 3,731.00 11,124.00 4,368.00 6,416.00 8,655.00 2,218.00 2,218.00 3,428.00 76,143.00 6.71,ct,de,t /Dt2.,-/7 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & AMERICAN CONSTRUCTION SERVICES. LLC. SOUTHWEST SERVICE CENTER BOOKING INTAKE -REMODEL THIS AGREEMENT is made and entered into this/5day of /s , 2012by and between the County of Weld, a body corporate and politic of the Sta 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 American Construction Services, LLC. whose address is 1905 W 8Th Street, Suite 215 Loveland, CO 80537, hereinafter referred to as "Contract Professional". 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. B1900051". The RFP 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. late,(leg/ce) &.(),„60,e,u(6) /1_ /5- /1 445—/9 r9-1,8'7/ 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Fxhibits 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 ter m.ination, 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 signedby both parties. No additional set vices 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 $406,600.00, 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 andagents 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, assi, 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 wan -ants 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. Tn 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 set _ vices 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. INDWM TIT Y: 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 wider Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: S 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 andelsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure an.d 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 ruts 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 forthbelow, 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: American Construction Services LLC. Attn.: Carolyn Klassen Address: 1905 W 8" Street, Suite 215 Address: Loveland, CO 80537 E-mail: carolynk@acscompany.us Telephone: (970) 217-1258 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 §§24-10-10I 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 contact 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 contacting with an illegal alien andshall 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. I TNESS WHEREOF, the parties hereto have signed this Agreement this All - day of ,201f CONTRACTOR: American Construction �Services, LLC By: �� "'.o."'S ' `"4°"z-0 Date Name: Carolyn Klassen Title: President 03/28/2019 WELD CO C� ATTEST: ;eik. BOARD OF COUNTY COMMISSIONERS Weld , u Clerk to the : ' and WELD COUNTY, CQLORADO BY: %� . - �� y�►:vim , / L -' Deputy Cto he B•_; r /) , Jj _ /Barbara Kirkmeyer, (l hair APR 1. 2019 REQUEST F R BO WELD CII U NTY, C• LORA 1150 O STREET G F! E E EY, CO 80631 0 DATE: JANUARY 29, 2019 BID NUMBER: 81900051 DESCRIPTION: SOUTHWEST SERVICE CENTER BOOKING REMODEL MANDATORY PRE -BID CONFERENCE ` A : FEBRUARY 11, 2019 BID OPENING DATE: FEBRUARY 25, 2019 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld Cunty, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: SOUTHWEST SERVICE CENTER BOOKING EMODEL A mandatory pre=bad nfere ce IAD be held at 11 AM on Monda Februar 11th 2019 at the Southwest Service Center I tatted at 4209 Cgr 24 1/2, Firest: ne, CO 80504, to respond to written and oral questions and to provide any needed additional instruction to Architectural, Engineering and General Contracting firms on the submission of bids. Bidders must participate and record their presence at the preabid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administration Building, 1150 "0" Street Room #107, Greeley, CO 80631, until 10:00 AM on M*tid;; y February 25th, 2019 (Weld County Pwwchr using Time Clock), PAGES 1 a 11 OF THIS REQUEST FOR BIDS CONTAIN GENERAL. INFORMATION FOR THE REQUEST NUMBER REFERRED_TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 a 'II MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 11. 2. INVITATION TO BID: Weld County requests bids for the purchase of the aboveelisted merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less (All Laces and disc ,• unts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise = nd/or equipment sha be delivered to the location(s) specified her in. You can find information concerning this request at two locations: On tie Weld County Purchasing website at http://www.co.weid.co.us/De artments/Purchasing/index.html locatS under "Current Requests". And, on the �� Bidn -A Direct vviebsite at �w.bidnetdirectncome Weld County Government is a member of BidNet Direct. ,idNet Direct is an on lone notification system which is being utilized by multiple non-profit and governmental entities. Paridp;ting entities iirist their bids, quotes, proposals, addendums, and awards on this one centralized sys:ern. 1 Ernan. :mailed bids are preferred. Bids may be emailed to: bids@weIdgov.com. Emailed bids must llnclude the fallwing statement on the email: "I hereby waive my right ti sealed bid97. An email confirmation will be sent when e receive your bid/proposal. If more than ne copy of the bad is r quested, you must ubmitimah hard copies of the bid proposal. d-) 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, Room #107, Greeley, CO 80631. 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 the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. 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. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. 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. 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. Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, Section 101. Qualification of Bidders: Qualification statements, attached with this document, are required to be completed by Bidders. If requested by Weld County, a Statement of Qualifications will be completed for the Subcontractors listed by the Contractor within 72 hours of the request. Failure to submit qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids: Experience and performance records on similar work. Ability to complete the Work within the Contract Time. Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. B1900051 2 Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Controller/Purchasing Director, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: 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. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The ConholeriPurd acing Dredormay at her sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. 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, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFP. B1900051 3 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not speciied to be obtained by the County, shall be included in the Bid price. Royyalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sanitary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work. 8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under 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 B1900051 4 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 cmply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), oy 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 empl yre, 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. §{--17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall b-: 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), 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) shell produce one of the forms of identification required by G.R.S. § 24-76.5-101, et seq., and (c) shall produce on a, of the forms of identification required by Q.R.S. § 24-76.5-103 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the 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. Trade ecrets nd tither Confgd nAieunf rrnati n: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. Of necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, dearly denoting in red on the information at the top the word, "CONFIDENTIAL." Howevea, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). if Weld County receives a CORA request for bid information marked "CONFIDENTIAL", st ff 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 C=.nfidential 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 d cument regardless of whether it is marked as confidential. C. Govf=ern ,tntal 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. 0. 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 B1900051 5 employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. ft is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. 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. 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 B1900051 6 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, The successful bidder'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. 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. O. Warranty, Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction 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. This warranty shall commence on the date of County's final inspection and acceptance of the Project. P. Non -Assignment. The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action B1900051 7 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. Compliance with Davis -Bacon Wage Rates. The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis -Bacon Wage Rates. 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. W. Compensation Amount. Upon the successful bidder's successful completion of the construction of the Project, 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 Director of Weld County Public Works, 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 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 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/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. Successful bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self - insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. 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/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 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 construction services provided, the timely delivery of said services, and the coordination of all services rendered by the B1900051 8 successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. UN DEM OT : The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, fry m 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 p rformance under this Agreement or its failure to comply with the provisions of the Agreement, or on account ob or in consequence of neglect of The successful bidder in its construction 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 herof. It is agreed that the successful budder 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 wor.< 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/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 successful bidder's Contract Professional's employees acting within the course and scope of their omplsymert. 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. Minimum !junks: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory 500,000 500,000 500,000 C:cm:r.:ercial Genera/ Uabncy hisuraince written on ISO occurrence form CG 00 01 10/93 or equivalent, covering prftnises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operatins, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense-: costs assumed under contract, desig-ated construction projects(s) general aggregate limit, IS• CG 2503 or equivalent additional insured —owners, lessees or successful bidders endorsement, IS S Form 2010 or equivalent, additional insured owners, lessees or successful bidders endorsement, ISO CO 2037 or equivalent, the policy shall be endorsed to include the following additinal insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, carent, o,ssciated and/or affiliated entities, successors, or assigns, its elected fficials, trustees, employees, agents, 'wind volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrenc ; 2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; X1,000,000 Personal Adver using injury $50,000 any one fire; and $500,000 errrs and omissions. $5,000 Medical payments one person B1900051 Automobile Liability: Successful bidder/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. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Successful bidders/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 successful bidder/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, Successful bidder/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder/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 coverages required of Successful bidder/Contract Professional. Successful bidder/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. Successful bidder/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. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the successful bidder as part of the Contract. Successful Bidders Pollution Liability: Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the successful bidder described in the Successful bidder's scope of services. Policy shall cover the successful bidder's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the successful bidder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and B1900051 10 defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 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. B1900051 11 SPECIFICATIONS AND/OR SCOPE Of WORK AND PROPOSED PRICING - Southwest SsMvice Center Bking Intake Renovation This project consists of a renovation to the Southwest Service Center Intake Holding Area. The building is located at 4209 WCR 24 1/2, Firestone, CO 80504. Scope of work: This project will consist of general contractor performing renovations to the space to renovate existing holding area. In addition to plans and specifications attached that detail the scope, work shall include: 1. Demo existing space as necessary to construct new holding cells. This includes but is not limited to walls, ceilings, flooring, doors and casework. Provide adequate dust protection to keep dust migration from areas outside of the project limits. 2 Remove concrete floor and provide structural foundations and underground plumbing modifications where shown. Concrete floors to be replaced and finished to accept specified floor coverings. 3. Provide all electrical, HVAC, controls and plumbing demolition as required to facilitate new holding cells 4. Construct new masonry and drywall walls as shown. 5. Provide new detention doors frames, hardware and windows and commercial grade doors, frames and hardware as called out on the plans. 6. Install acoustical and abuse resistant drywall security ceilings per details. 7. Install casework and counters as shown. 8. Paint and finish walls, ceilings, doors and door frames per specifications. 9. Provide all electrical, HVAC, Building Automation System (BAS) controls and plumbing as shown on drawings and required for a complete working system. Provide certified test and balance report after system has been modified. BAS is Delta Controls and installed/programmed by Setpoint (no substitution) 10. All fire alarm and fire sprinkler systems shall be modified to meet requirements of jurisdiction having authority for this building. All permit and engineering costs for this project associated with fire sprinkler or fire alarm modifications shall be paid for by the Contractor. 11. Security system devices, installation and programming to be by owner. General contractor to provide all raceways, grounding and power to locations shown on plans for security equipment. Coordinate with security contractor. 12. All concrete and landscaped areas disturbed during construction to be repaired to original condition. 13. Construction is anticipated to be conducted during normal business hours, however some items may need to be done during off hours if they affect normal building operations. 14. Project will be permitted through the Weld County building department. Fees for building permits will be waived. 15. Davis -Bacon and Buy American requirements are NOT required. 16. Bids over $50,000 will require a payment (100%) and performance (100%) bond. A t .prtl?ic _._.conference will be held on Mond- , Feb►ruar 11th 2013 at 11:00 AM, at the Southwest Service Center located at 4209 CR 24 1/2, Firestone, CO 80504. Please meet at the entrance to the Sheriff's Office. Bids will be received up to, but not later than 11000 AM February 25thi1 9 (WELD COUNTY PURCHASING TIME CLOCK). TOTAL $ COMPLETION DATE 1900051 12 The undersigned, by his or her signature, hereby acknowled `s es and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #2;1900051. 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 Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY BUSINESS ADDRESS (Please print) CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE DATE FAX TAX ID E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF E - EM NUMBER IS #98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 —11. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: __ Deputy Clerk to the Board Barbara Ki rkrrteyer, Chair B1900051 APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director 13 N QUESTIONS & ANSWERS FOR B1900051 SOUTHWEST SERVICE CENTER BOOKING REMODEL 02/20/2019 Answers to questions: 1) Question: Is the existing slab post tensioned? Answer: No. Existing slab is thick with wedded wire fabric. Sally port slab will be thicker. 2) Question: Does this project require prevailing wages or Davis Bacon Wages? Answer: No prevailing or Davis Bacon Wages are required for this project 3) Question: Does saw cutting or demolition need to be done after hours. Answer: Yes. a nyi:hin,g that would disturb the normal function of the building and its occupants Will need to be completed during off .lours. 4) Question: is Southern Folger the only approved detention equipment supplier. Answer: Yesa Southern Folger is the sole manufacturer for the detention equipment. 5) Question: Will a bid bond be required for this project Answer: No bid bond will be required but successful bidder will need to provide a WO performance bond and a 100% payment bond. 6) Question: Does the contractor need to supply conduits and conductors for the security system? Answer: General contractor will supply conduits itAdth ,r E strings from detention locks, intercoms,, water shut off vaRves and cameras cor.tinuous back to sever room. Conductors i. in t lese conduits will be installed by ,wner1s securiN contractor. 7) Question: What will the start and finish dates be for this project? Answer: Veld County is requesting that the contractor provide us the finish date based on the lead tires for materials and the expected duration of to construction, We anticipate a signed contract and notice to proceed by approximately April 15. 8) Question: What is the fire alarm system in this building and who can make modification to it? Answer: The County uses Dictoguard to service and monitor tie fire alarm system. The contractor may use whomever they choose to rn. dilly the system. The system manufacturer is either Fire-Lite or Silent -Knight. 9) Question: What is the HVAC control system in the building and who services it Answer: The building automation system in this building is Delta Contr needto be contacted for modifications. 10) Question: Which masonry walls get footers? raj; Is by S tpoint. T 'ey will Answer: All smasonni walls will have new Looters poured underneath them as shown in structural details on page S-0.01. 11) Question: Structural drawings don't show a lintel above door 10A. Should there be one? Answer: Yes. provide lintels above door 10A to match lintels at other masonry ape 12) Question: What supports wall type 7 at photo area at the outer end? irngs. Answer: Provide steel supports at ends of short wall type 7 at photo area. Supports shat bolted to concrete or poured in concrete. Supports shall keep walls rigid. 13) Question: Can the existing frames at door 0$A and 04D be reused? be Answer: No. These doors are being converted to detention doors. New larger detention frames will need to be installed. Lintels will need to be replaced with larger ones as well. 14) Question: Specs for flooring and VCT says per Weld County? How doe we want to bid this item? Answer: All flooring in this project to be supplied and installed by GC. Owner will pick c lor from manufacturers standard colors selection. 15) Question: Drawing A-6.00 hardware says installed by Certified detention installer. Is this correct? Does the building have someone currently who handles that scope that we can use? Answer: GC is allowed to use anyone they want as long as they are certified and can get the materials. CML security in Ede is the County's contractor for the security system. They are also certified as a detention equipment installer for Southern Folger. 16) Question: Drawing A-6 hardware says testing of hardware? What does this include? Is GC responsible for this in bid? Answer: Certified detention eci-uipment installer will test the hardware is part of the insta process. This will oe induced in the GC's pricing. ation 17) Question: Drawing A-6 hardware says manufacturer is Southern Folger detention equipment supplier. Does the building have a supplier that they currently use that we can contact? Specs list a company out of Texas. Is that who the County wants us to use? Answer° Southern Fe_ger ott of Texas will be the manufacturer for all of the detention doors and iardware. The certified detention install contractor will purchase directly from them. 18) Question: Specs call out a detention equipment contractor? What exactly are you wanting with this? Does the GC need to hire someone as the DEC and they do all the doors, hardware, testing, install etc.? Answer: The detention equipment contractor / installer / supplier will be the same entity. GC should verify witl them their exact scope: 19) Question: Electrical, does the EC just run the cnduit to access point for card system? Card system supplied by owner and installed by owner? Answer: Electrical contractor to pry vide conduits with pull strings from all cameras, detention locks and intercoms continuously back to server room. There will be no card access systems in this project. MI of the wiring for these devices will be installed and terminated by GAL security through a contract with the County. 20) Question: Security, are we just handling the electrical for the security? Or is GC needing to bring on a security company to provide equipment and install? Who does WC use to handle security for that building? Answer: GC to provide conduits with pull strings back to server room for County security contractor. CiVIL security drawings were ircluced in the bid package for reference. CM viHA be under a separate County contract. 21) Question: Permits by owner? What about electrical permit? Answer: GC will be expected to pull a building permit through te Weld County Building Department This will include an electrical permit and all fees for this permit will be waived. Alt fire alarm and fire sprinkler permits will need to be pulled t .jurisdictiorr. These fees will be paid for by GC. 22) Question: Inspections by owner? Or GC? trough local authority having Answer: GC to schedule all inspection through the Weld County Building Department It will be expected that you keep owner's rep updated as to when inspections will take place in case we would like to verify any aspects of the construction before they get cvered up. 23) Question: What are the specs for the sealed concrete flooring? Do you want the concrete benches sealed? Answer: Concrete floor sealer to be Prosoco Consolideck LS or approved equal. Include sealing of precast concrete benches. 24) Questions: Are gun lockers shown to be provided by owner or GC? Answer: GC to provide and instal gun lockers in sally prts 001 and 008 Gun lockers to be Viking Produts 6 compartment tilt out pistol lockers with keys. 25) Question: Does sally port 008 need to have walls and ceilings painted? Answer: Walls to be painted, ceiling to remain as is. 26) Question: How are electric water shut off valves controlled? Answer: Valves will be controlled by the security contractor. Provide conduit wit from valve location to above sewer room ceiling. 27) Question: Is there a floor finish schedule, if not can one be provided? p ull string Answer: There is a floor finish schedifie included as part of the room finish schedule. 28) Question: Will fire sprinkler be added to the three holding cells? Answer: Yes. Provide institutional sprinkler hrads inside of the holding cells. 29) Question: Can the remaining toilets in the building be used for construction personnel? Answer: Yes. Staff restroorn 011 can be used during construction. It must be kept clean and any damage repaired prior to owner acceptance. 3O) Question: Will any additional epoxy flooring be needed? Answer: No &tuitional epoxy Noring will be needed. Any damage to current epoxy flooring will need to be repaired prior to owner acceptances 31) Question: Can a roll -off style trash dumpster be placed outside the South overhead sally port door? Answer: A dumpster may be placed outside the sally port. Any damages to be repaired prior to owner acceptance. 32) Question: Do we know the original brick manufacturer, to help in matching the brick for the infilling of window at room #011? Answer: We do not have any records regarding the brick manufacturer for this bu llo-Hr g 33) Question: Are the cameras being provided and installed on a separate contract? Answer: The cameras wwill be provided and installed by the security contractor under a separate with contract with Weld County. 34) Question: Will all temperature controls revisions have to be completed by SetPoint systems? Answer: ',es 35) Question: On plan page M 1.00; there should be a plan note 11 add for existing wall sensor VAV 1-3. Answer: Yes, this wall sensor is being relocated. 36) Question: Are sound boots fabricated with 1" fiberglass duct board acceptable for the return air grilles? Answer: Ductboard would be acceptable for sound boots in the office space. We would lake to see sheetmetal duct with 1" insulation on the return duct going through the C U walls at the holding cells. 37) Question: Are the 2 new type E return air grilles in holding cells 1 and 2 to have sound boots or be ducted back through the new CMU wails or just be open to the ceiling space? Answer: Yes, these are to be ducted back through the CU wall, open to return plenum. 38) Question: Can equivalent sized round ducts be substituted for rectangular ducts? The round supply ducts would be wrapped with insulation rather than lined. Answer: Yes, round, wrepped ductwork is an acceptable alternative. We would like to review any proposed changes to tle ductwork to verify correct sizes. 39) Question: Drawing A-0.00 specs call out hardware A, B & C. Door schedule has a hardware D called out. Can we get the specs for the hardware ID? Answer: At is not shown as hardware type D, but the intent is that the commercial opening hardware spec at the bottom of the page is hardware type D. Openings 011.A and 012A to privacy function, upenin 03A to have storeroom function. lave 40) Question: Drawing ►-1000, note 5 is only shown at the transaction window, does this not pertain to all other wall to demo? Answer: Yes, all walls shown as dashed lines on demo plan should be inch ded in note 5. 41) Question: Drawing A-1.00, note 9 at door 07A calls to remove existing hardware and exit device, prep to receive new hardware. The door schedule lists everything as existing and does not show hardware, if we need to prep for new hardware, may need to furnish a new door. Answer: Delete me 9 from this door. Door?, frame and hardware to remain as is. 42) Question: Drawing A -LOO, n =te 11 for rooms Oil and 012 calls for existing epoxy flooring to remain. The finish schedule for these rooms call for floor F4. Please clarify. Answer: Existing epoxy floors to remain, delete floor type F4 from rooms 011 and 012 on tier room finish schedulee 43) Question: Drawing A-1.01, wall type 5 for room 011 calls for drywall finish on the room side to infill the window. Finish schedule calls W2 as existing, please clarify if we are to paint the interior of the room. Answer: it is the intent to paint all new and existing walls, door frames and doors as applicable inside the construction envelope. Door frames to be painted a different color than the walls. 44) Question: Note K for holding #2 calls to cover the anchor bolts, can you send a detail of what is wanted? Answer: Anchor bolts to be covered with a framing member and sheeted with abuse resistant drywall to match ceiling construction. The intent is to not allow access to the anchor bolts for anyone beig held in the cello 45) Question: Key A lists a stainless steel bench, none is shown on the plans. Please verify that one is not needed. Answer: Delete note A from key notes. No stainless steel bench Os require( . 46) Question: Wall type 6 calls for wall to be extended to the bottom of the structure and to be a 1 - hour fire rated wall. Longitudinal section on A-3.00 shows wall to bottom of bar joists which would not be a fire rated wall. Please clarify. Answer: Wall will need to be extended to decking above vvith a slip connection at the top to allow movement. 47) Question: Wall type 8 is shown on the south wall of sally port 001. Does this extend for the south wall of intake 002? Answer: Yes. Via 008 will extend east to new wall into intake room 001L 48) Question: Wall types 2 and 3 do not indicate /" plywood or abuse resistant drywall. Since they are in the unit, should these walls also include them? Answer: Provide %" plywood and abuse resistant dry ,Fall on both sides of wall types 2 and I 49) Question: Since wall type 6 and 8 call to be fire rated, does the %" plywood need to be fire resistant? Answer: No. -ire rated assembly does not need sire rated plywood. Regular plywood will be fine. 50) Question: Existing ductwork extends through wall types 6 and 8. They are listed as 1 hour walls, but mechanical plans only show fire dampers in the east block wall. Will fire dampers be required in penetrations of walls 6 and 8? Answer: Yes, provide fire dampers in ductwork that penetrates wall types 6 and 8 51) Question: Please verify that Weld County is furnishing the brackets only for work station and shelf and GC is to provide solid surface countertops. Answer: Delete ; :ote regarding Weld County providing brackets. Ail brackets and c . untertops to be provided by GC. r 52) Question: No specifications are included for the solid surface countertops. What brands, thickness and grade should be bid? Answer: Provide Corian solid surface materials or approved equal up to a price group 4. Thickness of countertops edge to be built up to 1" thick. 53) Question: No thickness for concrete benches is shown. Please provide thickness of bench. Also, the bench in holding cell 002 is called out on key note D as 12' long. is this to be 1 piece or can it be 2 pieces? No details of attachments are shown, how shall these be fastened to the block base? Answer: Concrete bench to be a minimum of three inches thick. In holding cell 002 bench can oe in two pieces. Me joint between the .two pieces to be grouters solid and have a tooled finish. Bench to be epoxied to the concrete blocks or have re -bar dowels extending down and grouted into grout >> iUlec cells in the block. 54) Question: Commercial opening frames call to be welded. Can doors 011 and 012 installed in existing wall be knock -down to be installed without needing to re -finish inside of rooms? Answer: No. Commercial frames to be welded. 55) Question: Do the new door frames need to be designed as drawn? With only one leaf in each opening we would typically extend both door jambs to the top of the opening rather than creating a cripple frame for the sidelight. Answer: We would prefer to leave the frames as draw n, 56) Question: What hardware do the storefront doors need to be made with? There are no detail identifying the hardware. Answer: Provid - manufacturers standard hardware for this iocationn it shout (41 door hardware on the other entrances into the buHdkig 57) Question: Will there be electronic access of some kind at this entry? Answer N a The opening shouki have a keyed dock. 58) Question: Is there a pre -qualification form required? Answer: No prequainfication forms are required. 3 be ti e same as E OF S'i EUFlCATO ANRIt S WORK AND pRoposo. PRUC N Southwest Service Center Bookin ke R n (I) in This project consists of a renovation to the Southwest Service Center Intake Holding Area. The building is located at 4209 v CR 24 112, Firestone, CO 80504. Scope of work: This project ill consist of gen - rail contractor performing renovations to the space to renovate existin area. In addition to plans and specifications attached that detail the scope, wore shall include: A 1 y g ho 1. Demo existing space as necessary to construct new holding cells. This includes but is not limited to ding walls, ceilings, flooring, doors casework. Provide adequate dust protection to keep dust migration from areas outside of the project limits, 2. Rem nnt concrete floor and provide structural foundations and underground plumbing modifications where shown. Concrete floors to be repl ced and finished taccept specified floor coverings. 3. Provide all electrical, HVAC, controls and plumbing demo ition as required to facilitate new holding cells. 4. construct new masonry and drywall walls as shown. 5. Provide new detention doors frames, hardware and windows and commercial grade doors, frames and hardware as called out on the plans. 6. Install acoustical and abuse resistant drywall security ceilings per details. 7. Install casewrk and counters as shown. 8. Paint and finish walls, ceilings, doors and door frames per specifications. 9. Provide all electrical, HVAC, Building Automation System (ERAS) controls and plumbing as shown on drawings and required for a complete working system. Provide certifi d test nd balance report after system has been modified BAS is Delta controls and installed/programmed by Setpoint (n substituti n) 10 All fire rlarm and fire sprinkler systems shall be modified to meet requirements of jurisdiction having authority for this building. All permit and engineering costs for this project associated with fire sprinkler or fire alarm modifications snail be paid for by the Contractor. 11 Security system devices, installation and programming to be by owner. General contractor to provide all raceways, grounding and power to loca:ions shown on plans for security equipment. Coordinate with security contractor. 12. All concrete and landscaped areas disturbed during construction t be repaired to original condition. 13. Construction is ;nticipated to be conducted during normal business hours, however some items may need to t) done during off hours if they affect normal building operations. 14. Project will be permitted through the Weld County building department. Fees for building Permits will b« waived. 15. Davos -Bacon and Buy American requirements are NOT required. 16. Bids over $50,000 will require a payment (100%) and performance (100%) bond. *1 A mandatory preabid conference will be held on Monday, February 11th, 2019 at 11:00 AM, k t the Southwest Service Center located at 4209 CR 24 112, Firestone, CO 80504. Please mriet at the entrance to the Sheriff's Office. Bids will be received up to, but not later than 10.00 AM February 25th, 2019 (WELD CO FNTY PURCHASING TIME CLOCK). TOTL $ 406,600.00 C;>MPLETION DATE 81900051 120 days 12 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 bid for Request No. #B1900051. 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 Bid 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 American Construction Services, LLC BY Carolyn Klassen BUSINESS 1905 W. 8th Street, Suite 215 ADDRESS (Please print) CITY, STATE, ZIP CODE Loveland, CO 80537 DATE 02/25/2019* TELEPHONE NO 970-217-1258 SIGNATURE FAX none E-MAIL TAX ID # 81-1161051 carolynk@acscompany.us **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. DO NOT NEED TO SEND BACK PAGES 1 - 11. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director B1900051 13 A CERTIFICATE OF LIABILITY EM NCE DATE (MM/DDIYYYY) 03/28/2019 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 Rood and Peterson PO Box 578 Greeley CO 80632 INSURED American Construction Services, LLC 1905 W. 8th Streets Suite 215 Loveland CO 80537 COVERAGES ADDRESS: CONTACT Karen George, CISR NAME: PHONE (720) 977-6026 tA/C M C. Na, Extt: E-MAIL KGeorge@FloodPetersort.com FAX No): (970) 330-1867 (A/C, INSURER(S) AFFORDING COVERAGE INSURER A : Westfield Insurance INSURER B : Pinnacol Assurance INSURER C INSURER D INSURER E INSURER F CERTIFICATE NUMBER: CL1911827229 NAIC # 24112 41190 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 CERTIFICATE MAY BE ISSUED OR MAY EXCLUSION'S AND CONDITIONS OF SUCH REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS_ INSR LTRINSD TYPE OF INSURANCE ADOL SUBR wvD POUCY NUMBER POLICY EFF (MM/DDIYYYY) POLICY EXP IMMIDDIYYYY) LIMITS A COMMERCIAL GENERAL LIABILITY d Y Y 09/13/2018 09/13/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR DAMAGE PREMISES TO RENTED (Ea occurrence) $ 500 000 MED EXP (Myone person) $, 5,000 PERSONAL & AD►.+' INJURY $ 1,0001000 TRA4930606 GEN°LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY l PRO- JECT LOC PRODUCTS - COMPIOPAGG $ 2,00 0, 000 OTHER: $ A AUTOMOBILE LIABILITY Y TRA4930606 - 09113/2018 09/13/2019 COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS drkki HIRED AUTOS OS ONLY esd, NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIlAB OCCUR EACH OCCURRENCE EXCESS LIA.B CLAIMS-tvADE AGGREGATE S I DED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / Iv N/A Y 4199185 02/01/2019 02/01 2020 PER STATUTE OTH- ER. E.L. EACH ACCIDENT 1 000 000 $ , , ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?� N s � . EL. DISEASE - EA EMPLOYEE ,�,��0,��Q (Mandatory in NI -1) If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT 1 0130 000 $ , , DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: SW Service Center Booking Remodel Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers are included as Additional Insured as required by written contract but only as respects to liability arising out of work performed by the named insured. Waiver of subrogation applies. 30 Day Notice of Cancellation endorsement has been requested and will be forwarded upon receipt. CERTIFICATE HOLDER County of Weld 1150 1°O" Street Greeley CO 80631 CANCELLATION 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 C)1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 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 March 6, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Southwest Services Center Booking Remodel Recommendation; Bid (B1900051) As advertised, this bid is to remodel an area at the Southwest Services building to provide a new booking intake for the Sheriff's Office. The low bid is from H+L Development LLC. During the review of qualifications, it was discovered that H+L Development does not possess the qualifications necessary to perform this job. From their reference listing, most of their jobs are very small and not of the scale required for this project. Their project reference listing included floor polishing/grinding, asbestos removal, small metal building supplying and roof work. The largest job on their reference that could be verified was a roof job. However, the owner stated the outcome was unfavorable and would not recommend them. Given H+L has failed to demonstrate the qualifications necessary to perform this remodel, B&G is recommending the bid be awarded to American Construction. American Construction has provided a listing of projects with good supporting references that indicate they are capable of performing this work. Therefore, Buildings and Grounds is recommending the bid be awarded to American Construction for $406,600.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 03/i3 .2,11r77-08 71 WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley, CO 80631 E -Mail: rturR weldaov.com E -Mail: reverett(c weldaov.com E-mail: cmpeters(weldaov.com Phone: (970) 400-4216, 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: FEBRUARY 25, 2019 REQUEST FOR: SOUTHWEST SERVICE CENTER BOOKING REMODEL DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B1900051 PRESENT DATE: FEBRUARY 27, 2019 APPROVAL DATE: MARCH 13, 2019 VENDOR TOTAL COMPLETION DATE H+L DEVELOPMENT, LLC $374,987.00 90 DAYS 2070 S PECOS ST, STE #A3 DENVER, CO 80223 AMERICAN CONSTRUCTION $406,600.00 120 DAYS SERVICES, LLC 1905 W 8TH ST, STE #215 LOVELAND, CO 80537 SWIFT BUILDERS, LLC $411,650.00 09/06/19 2000 S COLLEGE AVE, STE 310 FT COLLINS, CO 80525 CLASSIC CONTRACTORS, INC $412,078.00 09/13/19 PO BOX 2798 LOVELAND, CO 80539 TCC CORPORATION $439,942.00** 06/15/19* 609 GRYFALCON CT, UNIT D WINDSOR, CO 80550 HALCYON CONSTRUCTION $455,420.00 08/30/19*** 4627 W 20TH ST, STE B GREELEY, CO 80634 BARBA & SONS CONSTRUCTION, INC $461,158.00 120 DAYS 15269 NAVAJO ST BROOMFIELD, CO 80023 G2 CONSTRUCTION $488,000.00 JUNE 5805 MANGROVE CT LOVELAND, CO 80538 *BASED ON CONTRACT AWARD DATE OF 03/01/19. **ALTERNATE #1: PER SHEET E-200 DETAIL A, BODY SCANNER MOVES - ADD $1,074.00 ***ASSUME 06/01/01 START DATE TO ALLOW FOR 12 WEEKS TILL DEC. MATERIAL IS ON SITE. The Department of Buildings & Grounds will review the bids. 2019-0871 Hello