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Home My WebLink About20193237.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 January 27, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Human Services C Renovation — Change Order #2 (B1900112) TCC was awarded the remodel contract for the Human Services C building. The original construction schedule allowed for 5-8 days between each construction phase for the tasks of: phone/data cabling, moving of personnel, and the teardown & rebuild of cubicle furniture. As the project progressed, it was realized that an additional 3-5 days per each phase was needed due to size of the job. This additional time also required adjustment of overall schedule which created non - availability issues for movers and furniture installer who had other scheduled commitments during new proposed dates. The culmination of these items over eight phases will result in an overall project extension of 58 days. The contractor will need to continue to be mobilized. Therefore, Building & Grounds is recommending a change order in the amount of $23,648.81 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director CWIt OaI03IoaO C`�T/5G-j aoiq- 337 a -3-02t, 6C2ooa� CONTRACT AGREEMENT EXTENSION/AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS & GROUNDS AND TCC CORPORATION This Agreement Amendment ("Amendment"), made and entered into 27 day of January , 2020, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Buildings and Grounds, hereinafter referred to as the "Department", and TCC Corporation. hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2019-3237, approved on September 16. 2019. WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Change Order #2, dated January 13, 2020 is hereby incorporated as an exhibit to the agreement and the terms are included in the Agreement. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Itz.,AN/ CezowIovet PtL- Name Signature ATTEST: Weld C BY: Deputy Clerk Controller APP APPROVED A$ TO FORM: C114.44,4 -t County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 11\:-gtai2s- Mike Freeman, Chair FEB o 3 2020 APPROVED AS O SUBSTANCE: Elec " d O" icial or Department Head as &"2-37 TCC Corporation PO Box 567 609Gyrfalcon Ct, Unit D Windsor, CO 80550 TITLE: Change Order for schedule extension and additional general conditions. PROJECT: Human Services Building C TO: Curtis Naibauer Weld County Bldg Dept 1104 H Street Greeley, CO 80631 DESCRIPTION OF REQUEST REQUEST FOR CHANGE No. 2 Phone: 970-460-0583 Fax: 970-460-0871 DATE: 01/13/2020 JOB: 1922 CONTRACT NO: Change Order for schedule extension and additional general conditions due to updated scheduled provided by Weld County with required installation dates. Updated schedule has added an additional 58 days to the project schedule and newcompletion date of 5/8/20. (Description Change Order for schedule extension and additional general conditions due to updated scheduled provided by Weld County with required installation dates. Updated schedule has added an additional 58 days to the project schedule and new completion date of 5/8/20. See attached updated schedule incorporating the dates required. TCC Credit to Weld County. General Conditions General Liability Insurance Builder's Risk Insurance Bond Contractor's Fee Total Amount $36,163.00 ($18,041.50) $153.50 $103.73 $179.27 $1,459.16 $3,631.65 $23,648.81 APPROVAL: By: By: Curtis Naibauer Brian Crownover Date: Date: 12.1/2JO O 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 November 21, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Human Services C Renovation — Change Order (B1900112) TCC was awarded the remodel contract for the Human Services C building. The manufacturer for carpet obtained through GSA had a manufacturing delay at their plant which postponed our scheduled installation dates. This problem also caused delays in projects needing carpet all across the U.S. For our Human Services C project, the delay resulted in the General Contractor needing to stay mobilized for an additional 31 days. This mobilization fees are also known as general conditions and include items like insurance, bonds, house -keeping, site management (superintendent), safety measures, trailers, administrative overhead, etc. Their general conditions for this project are $22,276.67 per month based on their bid. With this delay (not caused by TCC), a change order in the amount of $22,276.67 is warranted to cover the General Conditions. Therefore, Buildings & Grounds is recommending approval of this change order. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director c2nent 11/5(1-)relbi CC: (-r-r11,25-19 �S�� QOM -3&37 6G©oat CONTRACT AGREEMENT EXTENSION/AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS & GROUNDS AND TCC CORPORATION This Agreement Amendment ("Amendment"), made and entered into 21 day of November , 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 TCC Corporation. 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. 2019-3237, approved on September 16. 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 November 19, 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: Brian Crownover Printed Name Signature ATTES • G/.� �G + K O� Wel Co my Clerk to he Board 8 .a 1. and i BY eputy l- to th APPROVED AS TO FUNDING: (7/(7(/t, Controller APPROyED AS TO FORM: vS County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLOR/91DO Barbara Kirkmeyer APPROVED STANCE: d Official or Department Head 40/9.3,-37 TCC Corporation REQUEST FOR CHANGE PO Box 567 609Gyrfalcon Ct, Unit D Windsor, CO 80550 TITLE: Change Order forschedule extension and additional general conditions. PROJECT: Human Services Building C TO: Curtis Naibauer Weld County Bldg Dept 1104 H Street Greeley, CO 80631 DESCRIPTION OF REQUEST Phone: 970-460-0583 Fax: 970-460-0871 DATE: 11/19/2019 JOB: 1922 CONTRACT NO: No. 1 Change Order schedule extension due to delay of installation of carpet in Phase 1. Per our bid, TCC Corporation had the project completed by 1/20/2020 and is a total of 140 days. Per the 1st schedule submitted, the project was completed within the 140 days from the start date. However, due to the furniture installer not being available to install per the TCC schedule, the schedule had to be extended. The current schedule is completed in 155 days. Per the email received, 10/14/19, the carpet is not available and will not be installed per the schedule and will not be installed until 11/4 with furniture installing from 11/7 through 11/11. Phase 2 teardown will now occur from 11/18 through 11/21. Phase 2 was to begin on 11/6. With the delay, the schedule is now to be complete on 3/5/2020 and is a total of 171 days or an additional 31 days from the bid. TCC cannot account for another 31 days of general conditions when the delay is out of TCC's control. There are other areas that we can work on that are not in any phases but this does not help the overall schedule as we are limited on progress due to carpet and furniture. Description Add 31 days from original bid schedule of 140 days. New schedule to be completed on 3/5/2020. Added General Conditions could not be accounted for during the bid as it was unknown that the carpet installation would delay the schedule. See attached current schedule and updated schedule with the delay incorporated. General Liability Insurance Builder's Risk Insurance Bond Total Amount $19,328.50 $132.17 $95.79 $779.68 $22,276.67 APPROV L: By: !(� By: arbara Kirl¢neyer, BCC Chair Date: NOV 2 5 2019 Brie Crownover Date: j,l ZIr1, X19 3.237 Co n+rac i- TO # 30(09 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & TCC CORPORATION HUMAN SERVICES BUILDING C RENOVATION THIS AGREEMENT is made and entered into this 21 day of At./0.1$1 , 2011, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1 150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and TCC Corporation whose address is 609 Gryfalcon Court Unit D Windsor, CO 80550, 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: I. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and 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. B1900112". 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. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement ao / 9-- 362 7 by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A&B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. S. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $712,330.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. This paragraph shall survive expiration or termination hereof Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Builder's Risk Insurance: Builder's risk coverage in the amount of $5 million for renovations, repairs made by the Insured at any location (including new locations with total contract cost under $5 million). Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Pollution Liability: Contractor/Contract Professional shall provide Pollution Liability Insurance if/when it is found that soil has been contaminated. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: TCC Corporation Attn.: Ernie Crownover, President Address: 609 Gryfalcon Court Unit D Address: Windsor, CO 80550 E-mail: ecrownoverAtcccorp.net Telephone: (970) 460-0583 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1 105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. T IN WITN S WHEREOF, the parties hereto have signed this Agreement this 2.1 - day of AUCTU.S , 2019. CONTRACTOR: TCC Corporation By: Z Name: 6-00—).._ Title: Date WELD CO Y:. f 4 ATTE2/l+/1�J BOARD OF COUNTY COMMISSIONERS Wel• o t Clerk tot - =oard WELD COUNTY, C• ORADO BY. Deputy C rk to the B Barbara Kirkmeyer, air SEP 16 2D19 o'/9-3 37 Bond No. P812266800200 Document A312 TM — 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) TCC Corporation 609 Gyrfalcon Ct. Unit D Windsor, CO 80550 OWNER: (Name, legal status and address) The Board of County Commissioners of Weld County 1150 "O" Street Greeley, CO 80631 SURETY: (Name, legal status and principal place of business) Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-1403 CONSTRUCTION CONTRACT Date: Mailing Address for Notices One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-1403 Amount: $ $712,330.00 (Seven Hundred Twelve Thousand Three Hundred Thirty And No/100) This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Description: Bid Number: B1900112 - Human Services Building C Renovation - 315-C North 11th Ave, Greeley, CO 80631 (Name and location) BOND Date: (Not earlier than Construction Contract Date) Amount: $ $712,330.00 (Seven Hundred Twelve Thousand Three Hundred Thirty And No/100) Modifications to this Bond: ® None CONTRACTOR AS PRINCIPAL Company: TCC Corporation Signature: (Corporate Seal) Name £-4'& and Title: 4 VJc�--t Sec Section 16 (Any additional signatures appear on the last page of this Perfonuance Bond.) (FOR INFORlTA77ONONLY — Name, address and telephone) AGENT or BROKER: Holmes Murphy 7600 East Orchard Road, Suite 230 South Greenwood Village, CO 80111 (720) 622-8245 S-1852/AS 8/10 SURETY Company: (Corporate Seal) Philadelphia Indemnity Insurance Company Signatu Name and Title: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) . Brown ey-in-Fact § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (S) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner, or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5,4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-1852/AS 8/10 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner docs not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. l § 4 Failure my the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surctyis obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. , § 6 When the O ner•b 1fied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for tt tractor, with the consent of the Owner, to perfonn and complete the Construction Contract; § 5.2 Undertake o perform and complete the Construction Contract itself, through its agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § S If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-18521AS 0110 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance attic Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that arc unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common lawbond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalfof the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8110 § 16 Modifications to this bond are as follows: (Space Is provided below for addlfional signatures of added parties. other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company: Signature: Signature: Name and Title: Address S-1852/AS 6110 (Corporate Seal) Name and Title: Address Bond No. PB12266800200 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Name, legal status and address) TCC Corporation 609 Gyrfalcon Ct. Unit D Windsor, CO 80550 OWNER: (Name, legal status and address) The Board of County Commissioners of Weld County 1150 "O" Street Greeley, CO 80631 CONSTRUCTION CONTRACT Date: SURETY: (Name, legal status and principal place of business) Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100 Bala Cynwyd, PA 190041403 'Mailing Address for Notices One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-1403 Amount: $ $712,330.00 (Seven Hundred Twelve Thousand Three Hundred Thirty And No/100) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Description: Bid Number: B1900112 - Human Services Building C Renovation - 315-C North 11th Ave, Greeley, CO 80631 (Name and location) BOND Date: (Not earlier than Construction Contract Date) Amount: $ $712,330.00 (Seven Hundred Twelve Thousand Three Hundred Thirty And No/100) Modifications to this Bond: ® None See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: TCC Corporation Philadelphia Indem Signature: Name E and Title: (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY —Name, address and telephone) AGENT or BROKER: Holmes Murphy 7600 East Orchard Road, Suite 230 South Greenwood Village, CO 80111 (720) 622-8245 S-21491AS 8/10 Signs Name and Tide: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party) (Corporate Seal) y Insurance Company h C. Brown orney-In-Fact § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 Ifthe Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner front claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then tho Surety and the Contractor shall have no obligation under this Band. § 3 Ifthere is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the perfonnance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 6.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. S-2149/AS 8/10 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf o$ Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contractis located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. lithe provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been thrnishcd to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall bo deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 16 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions* § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuantto which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any Individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. S-2149/AS 8/10 (Notary Seal) 1099 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Todd D. Bengford. Mark Sweigart Donald E, Appleby, Sarah C, Brown, Susan I. Lattend% Ashlea McCaughey and Marietta Acosta of Holmes Murphy and Assoclates,LLC its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA NDEMNITY INSURANCE. COMPANY on the 14th of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27Th DAY OF OCTOBER, 2017. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27th day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seat affixed to said instnnnent is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: residing at: My commission expires: VlerNtlyvN Bala Cynwyd, PA September 25, 2021 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27th day of October, 2017 are true and correct and arc still in full force and effect. I do further certify that Robert D. O'Leary Ir.. who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of , 20 Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Client#: 39025 TCCCORPC ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 8/21/2019 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Holmes Murphy -Colorado 7600 East Orchard Rd, Ste 230 South Greenwood Village, CO 80111 INSURED TCC Corporation PO Box 567 609 Gyrfalcon Ct Unit D Windsor, CO 80550 I CONTACT Sandra Chavez NA PHONE 720-622-8248 (AIC,a„No Ex.: E,FAAIL An(aggss_ SChavez@holmesmurphy.com INSURER(S) AFFORDING COVERAGE INSURER A : Addison Insurance Company 'INSURER B : Pinnacol Assurance Company INSURER c : AGCS Marine Insurance Company INSURER D INSURER E IC, NAIC # 41190 22837 INSURER F : COVERAGES CERTIFICATE NUMBER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR ADOL.SUB POLICY EFF POLICY EXP TYPE OF INSURANCE A X X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE PD Ded: $500 XI OCCUR GEN'L AGGREGATE LIMIT APPL:ES PER: PRO- _„„ POLICY X, !Ta- m HER; A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED ONLY lX NON -OWNED AUTOS ONLY A X UMBRELLA LIAB X OCCUR EXCESS LIAB I CLAIMS -MADE ( DED I XI RETENTONSO B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY VIN ANY CER MEMBER/PARLUDE/EXECUTIVE OFFICER/MEMBER EXCLUDED? N NIA' (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below C C Leased/Rented Eq Installation Fltr POLICY NUMBER (MM/DD (MM/DDIYYYY) LIMITS 60481608 09/15/2018 09/15/20191 EACH OCCURRENCE $1,000,000 PREM SES°c aoccu ense) ! S500,000 MED EXP (Amon° person) $1 400 PERSONAL & ADV INJURY $1.,000,000 60481608 60481608 rt X II 4021079 MZI93074007 MZI93074007 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG s2,000,000 s2,000,000 D SINGLE LIMIT 09/15/2018 09115/2019; 1Es gGOMBINEnl!csritle11,000,000 BODILY INJURY (Per person) 15 BODILY INJURY (Per accident) $ rPROPERTY DAMAGE Per occident) 09/15/2018 09/15/2019 -EACH OCCURRENCE AGGREGATE 07/01/2019 09/15/2018 09/15/2018 07/01/2020 X iB.TUTE { E.L. EACH ACCIDENT OTH- E.L. DISEASE EA EMPLOYEE s3,000 000 $3,000,000 s500,000 E.L. DISEASE - POLICY LIMIT s500 000 09/15/2019-1100,000; $1,000 Ded 09/15/2019 $2,500,000; $1,000 Ded DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD tot, Additional Remarks Schedule, may be attached If more space is required) RE: Human Services Building C Renovation As required by written contract or written agreement, the Certificate Holder is included as Additional Insured as respects General Liability and Umbrella as respects the above referenced. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Weld County, Colorado 1150 0 Street Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S468782/M457734 VALL2 DESCRIPTIONS (Continued from Page 1) A Waiver of Subrogation applies in favor of the Additional Insureds as respects General Liability and Workers' Compensation with respect to the above referenced. referenced. SAGITTA 25.3 (2016/03) 2 of 2 #S468782/M457734 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: JUNE 21, 2019 LYB='T Q BID NUMBER: B1900112 DESCRIPTION: HUMAN SERVICES BUILDING C RENOVATION MANDATORY PRE -BID CONFERENCE DATE: JULY 3, 2019 BID OPENING DATE: JULY 17, 2019 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: HUMAN SERVICES BUILDING C RENOVATION A mandatory pre -bid conference will be held at 11:00 AM, on July 3. 2019, at the Weld County Human Services Building C located at 315-C North 11th Avenue, Greeley, CO 80631, 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 pre -bid 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 "O" Street, Room #107, Greeley, CO 80631, until 10:00 AM on July 17, 2019 Meld County Purchasing Time Clock). PAGES 1 - 10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified herein. You can find information concerning this request at two locations: On the Weld County Purchasing website at https://www.weldgov.com/departments/purchasing/bids proposals located under "Bids / Proposals / Tabulations". And, on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Delivery to Weld County — 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e I d g o v . c o m . Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, 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. 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. 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. B1900112 2 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 Controller/Purchasing Director may 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. 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. B1900112 3 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required bypublic authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: 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 within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the B1900112 4 documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5- 103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 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. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the B1900112 5 contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall 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 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 B1900112 6 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 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. B1900112 7 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 successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account B1900112 8 of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its 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 hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder/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 employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "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 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 occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payments one person 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. B1900112 9 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 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. B1900112 10 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: HUMAN SERVICES BUILDING C RENOVATION This project consists of interior renovations, carpet and furniture replacement to Human Services Building C. The building is located at 315-C North 11th Ave., Greeley, CO 80631. Scope of work: This project will consist of general contractor performing renovations to the space to renovate existing office area. In addition to plans and specifications attached that detail the scope, work shall include: 1. Remove existing walls, flooring, ceilings, support structures and lighting as necessary to construct new offices and conference rooms. 2. Construct walls as shown on drawings. 3. Provide new doors, frames and hardware as specified. 4. Repair / replace acoustical ceilings that have been disturbed during construction. 5. Install new casework in break areas as shown on drawings. 6. Paint all walls, hard ceilings, door and steel window frames and railings throughout the building. 7. All lighting to be replaced with new dimmable LED fixtures per plan. This will require additional wiring to make them function properly. 8. Install new ducts, louvers and grilles per mechanical drawings. 9. All changes to mechanical systems controls shall be Delta Controls by Set Point 10. Add / move fire sprinklers and fire alarm devices as necessary per authority having jurisdiction. GC to provide and pay for all engineering and any costs and fees for permits and inspections for fire alarm and fire sprinkler systems. 11. All lighting and power changes to be per electrical drawings. GC to provide all data boxes and conduits inside the walls with pull strings to above accessible ceilings and marked as to location of box. 12. Per phasing schedule, existing furniture will be removed, walls will be painted, flooring replaced, and new furniture will be installed. GC will be responsible for carpet removal and painting. GC's electrician will be responsible for disconnect of existing furniture and re -connection of power to new furniture as it is installed. 13. All furniture removal and replacement and data will be by the County. 14. All carpet installation will be responsibility of County. 15. All work will be completed at night between the hours of 5:30 PM and 6:30 AM, or on weekends when the building is not occupied. All work areas must be cleaned and ready for County business when the building opens every morning. All trash and debris shall be removed from the site and properly disposed of. 16. A planned phasing schedule is attached. Contractor shall plan on coordinating activities with the County's 3rd party vendors (e.g. furniture, carpet, data). This coordination may result in elasticity and or minor delays or accelerations with phasing schedule provided. 17. The project will be permitted through the Weld County building department. Fees for permits will be waived. 18. Davis -Bacon and Buy American requirements are NOT required. 19. Bid bond is not required. However, a payment and performance bond is required. 20. Based on a contract being ready on August 15th, provide the completion time for this project. A mandatory pre -bid conference will be held on July 3. 2019 at 11:00 AM, at the Weld County Human Services Building C located at 315-C North 11th Ave., Greeley, CO 80631. Meet at main lobby. Bids will be received up to, but not later than July 17. 2019 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). TOTAL $ COMPLETION DATE B1900112 11 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. #B1900112. 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 (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 -10. 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 B1900112 12 Answers to questions for solicitation 81900112 — HUMAN SERVICES BUILDING C RENOVATION July - 11, 2019 1) Question: How much of the fire alarm is changing? Answer: The fire alarm will need to be re -configured in all areas that are being renovated. The exact extent will be determined by the GC's design engineer and the Greeley Fire Department. 2) Question: Brush desk divider PSP007FR. Is this partition by owner? It appears to be furniture. The specified part number is only a frame. Answer: This desk divider will be a small privacy panel mounted on top of a drywall wall. It is intended to give some privacy between the windows but still be able to see through them as necessary. It will be provided and installed by the GC. 3) Question: Please provide specifications on new pass through window. Answer: Pass through windows to be aluminum storefront system with laminated glass. There will be an opening in the glass as shown to allow items to be passed from one side to the other. 4) Question: Finish schedule ceiling types are not identified. Please identify ceiling types Answer: Ceiling types are called out on reflected ceiling plan pages as reflected ceiling plan key. The intention is to replace any ceilings affected by new construction with matching ceiling grid and tiles. All other ceilings will remain as -is. Some additional ceiling tile replacement may need to occur if damaged by light fixture replacement. 5) Question: Finish schedule on sheet A6.00 shows all restrooms receiving new tile finishes on walls up to 48". Demolition sheets do not show any work in restrooms. On new floor plans, restrooms 104 and 105 are noted as new white paint. Other restrooms do not show any new work. Please clarify scope of new work in restroom groups. Answer: No new wall or floor tile shall be included in the restrooms. The only new tile on this project will be the lobby flooring. All restrooms will have walls, ceilings and doors painted. 6) Question: Several rooms on the finish schedule call for base B5. Base 65 is not listed on the legend. Please identify base B5. Answer: Change finish schedule where noted as base B5 to B3. 7) Question: Finish schedule does not identify which rooms or walls get new paint. Do all rooms with paint finish get new paint? Are there any rooms that do not get new paint? Answer: All rooms whether new or existing get new paint. If the ceilings in existing rooms are drywall, they will receive new paint as well. 8) Question: Do window frames need to be painted? If so, how many and what size? Interior only or interior and exterior? Answer: All existing exterior window frames are aluminum storefront. Any pre -finished window frames will not need painted. 9) Question: Do we need to paint existing doors and door frames? Interior only or interior and exterior? Answer: All door frames and sidelights will need to be re -painted. All interior and exterior painted doors will need to be re -painted. Any pre -finished aluminum doors will not need to be painted. All office doors are stained wood and will need to be cleaned up and re -sealed. 10) Question: Is removal and re -installation of furniture by owner? Answer: All furniture removal and re -installation is by owner. GC will be responsible for disconnecting and re -connection electrical power to all furniture systems per the phasing plan. 11) Question: According to the Request for Bids, bidders are required to submit a list of subcontractors they have included in their bid. Does Weld County have a specific form for this list or is it up to each GC to create a form? Answer: The listing does not need to be on a specific form. Rather, a listing in a legible format shall be provided. 12) Question: Confirm that a bid bond is not required and that 100% payment and performance bonds are required for the project (costs to be included with the bid). Answer: No bid bond will be required. 100% payment and performance bonds will be required, and costs shall be included in the bid. 13) Question: The scope of work document (item #9) indicates that all changes to the mechanical controls shall be Delta Controls by SetPoint. Will SetPoint be contracted through Weld County or are we to carry SetPoints' bid with our HVAC. Answer: Weld County will not be contracting with SetPoint. GC must include SetPoint's price in their bid. 14) Question: Confirm we are only providing conduit and boxes for the data / communications system. Answer: GC to provide boxes, pull strings and conduits for the data / communications systems. Weld County will provide all cabling. 15) Question: Confirm that a complete bid submission would include the Bid Form (pages 11 and 12 of Request for Bid document), W-9 and subcontractor list. Please indicate if there are any other documents that are to be submitted with this bid. Answer: All requirements are contained in the bid package. 16) Question: What is the scope for the first -floor break room? The demolition plan does not indicate that anything is being removed. A1.03 (first floor new construction plan) does not show the base or upper cabinets in the breakroom. Please provide a narrative or correct the plan to reflect what work will occur. Answer: No work will occur in this room other than painting and light fixture replacement. Floor plan to remain as -is. 17) Question: Regarding the replacement of door hardware, will we be replacing all hardware at all locations (existing to remain and remodeled doors) or just the remodeled doors? Answer: New door hardware will only be installed on new doors. All existing door hardware on doors not changed in this renovation will remain. 18) Question: Reference plan sheet A-0.01 section IV floor covering. Item 5 under that heading indicates "Accent tile option by Weld County". Please indicate what this includes and what we should plan for. Also, the specifications indicate that there will be walk off carpet. Where will this be located? Answer: There will be no accent tile included in this project. The floor tile and base as specified will be all. The walk off mat will be installed in the new entry vestibule and will be provided and installed by Weld County. 19) Question: Confirm that all new and existing gyp board walls and ceilings will be repainted as part of this renovation project. Answer: All new and existing walls and ceilings will be painted as well as all doors and frames. This includes stairwells, railings and exterior painted doors and frames. 20) Question: Will the GC be required to provide a dumpster for the owner furnished owner installed carpet debris? If so, how many dumpster pulls shall we include (so we are all bidding the same quantity)? Answer: Carpet installers will remove their own scraps and trash. GC will not need to provide a dumpster for other trades outside of their own scope and sub -contractors. 21) Question: Is there a published budget for this project? If so, please provide the amount. Answer: We do not have a published budget for this project. 22) Question: The phasing schedule / sequence provides schedule durations for each phase. Are the bidding GC's to include general conditions for the stated duration or shall the GC's produce a schedule indicating what they feel the project duration should be? Has all the carpet been procured and is being stored locally? We want to make sure there is not a delay in the OFOI scope of work. Answer: The schedule provided is goal. The project may be completed in more time or less time than allotted. The GC will be expected to provide General Conditions for the duration of the project regardless of the time line. The carpet has not arrived yet but it is not a long lead time product. It will be here in time for the scheduled installation. 23) Question: Since all work will be performed from 5:30 PM to 6:30 AM, will there be a coordination meeting each morning to cover the nights progress and any issues that occurred? Please let the bidders know what the expectation will be as far as the items listed above. Answer: We will not require a coordination meeting every morning to discuss the previous nights progress. We will however require a progress meeting once a week. We will require that a representative be briefed on a daily basis so that if any questions do arise there will be someone to discuss them with. An emailed daily report should be sent to the team members on a nightly basis discussing progress and any issues encountered and how they were addressed. Also, there should be someone available to address any emergency issues that may need to be resolved should they arise. 24) Question: Furniture by owner? Answer: All furniture will be purchased and installed by owner, 25) Question: Voice and data by owner? Answer: All voice and data cabling will be by owner. GC will be responsible for boxes, conduit and pull strings. 26) Question: All existing door frames get a fresh coat of paint? Answer: All new and existing door frames and sidelights will be painted. 27) Question: Wall tile, do we have any specs? Size? Manufacturer? Answer: Delete references to wall tile in restrooms. The only new tile will be the floor tile and base in the lobby. 28) Question: Vestibule is it carpet or tile? Answer: Entry vestibule 101 will be carpeted by owner, 29) Question: Room finish for restrooms, one says 62, the other says B5. What is B5? Answer: Change base noted as B5 to B3. 30) Question: Wall heights are 6" above grid? Answer: Yes, for wall type A. Other wall type will go to deck. 31) Question: A-1.03 call for wall type B, but no description. Answer: Change wall type B designation on A-1.03 to wall type 8 as shown on A-2.01 32) Question: A-1.00, note 9 for demo does not appear anywhere in drawings. Is this in the scope? Answer: Demo note 9 is not used. 33) Question: Room finish schedule has Wi (5/8" gyp bd) for wall finish, but I assume this means paint because these are existing walls. Answer: If the room noted with W1 is existing then paint all walls. New drywall will only be required on new wall construction. 34) Question: Finish schedule has CE types, do these apply to this project. Answer: CE types refer to ceiling finishes. These are called out on reflected ceiling plan drawings. The CE types on the room finish schedule are not used. 35) Question: On the floor sequence maps it lists 8 —10 weeks. Is this your assessment of how long for that phase? Does that include WC portion of scope, flooring / base? Answer: This timeline is our assessment based on previous projects. It may change during the construction process. It is intended to include all owner furnished equipment including furniture and flooring. 36) Question: You have anticipated August 151H as a start date? So our schedule should be based on that start date? Answer: The August 15T'' date is the anticipated contract date. This will be dependent on how fast the GC can provide all of the necessary insurance and bond forms as well as signatures. 37) Question: Low voltage by owner? Answer: Owner will provide data and voice cabling inside GC supplied boxes and conduit. All other low voltage required will be by GC. 38) Question: Demo notes state all window treatment to be re -used. Do we need to remove them during construction? Clean them? What is expected of GC in regards to blinds? Answer: Blinds in areas that are being demoed and will have new walls built should be removed and stored to keep them clean. In areas where we are only painting and carpeting, they can remain in place if they are not mounted to a painted surface. They will need to be removed and replaced instead of being painted around. 39) Question: Will Weld County handle the removing of items from office / cubicle as needed for demo? Or GC move? Answer: Weld County will remove all furnishings in areas that will be renovated prior to demolition beginning. 40) Question: For the refrigerators GC is installing. Do these have ice makers in them? Will we need plumbing or just electrical for them? Answer: GC to provide water and power for the new refrigerators. 41) Question: Clarification on drawings, it states if not shown as part of the phasing plan it gets new floor and paint, will work into schedule. So is every room on all three floors receiving paint and new flooring? Does that include restrooms and storage rooms? Answer: Rooms that have flooring noted as Fl and F2 on the room finish schedule are the only rooms that get new flooring. The break room noted as F4 is existing. All rooms that are marked with W1 and W2 on the room finish schedule get painted. The wall tile in the restrooms is existing, we will repaint the drywall portion of the walls and ceilings in them. SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: HUMAN SERVICES BUILDING C RENOVATION This project consists of interior renovations, carpet and furniture replacement to Human Services Building C. The building is located at 315-C North 11th Ave., Greeley, CO 80631. Scope of work: This project will consist of general contractor performing renovations to the space to renovate existing office area. In addition to plans and specifications attached that detail the scope, work shall include: 1. Remove existing walls, flooring, ceilings, support structures and lighting as necessary to construct new offices and conference rooms. 2. Construct walls as shown on drawings. 3. Provide new doors, frames and hardware as specified. 4. Repair / replace acoustical ceilings that have been disturbed during construction. 5. Install new casework in break areas as shown on drawings. 6. Paint all walls, hard ceilings, door and steel window frames and railings throughout the building. 7. All lighting to be replaced with new dimmable LED fixtures per plan. This will require additional wiring to make them function properly. 8. Install new ducts, louvers and grilles per mechanical drawings. 9. All changes to mechanical systems controls shall be Delta Controls by Set Point 10. Add / move fire sprinklers and fire alarm devices as necessary per authority having jurisdiction. GC to provide and pay for all engineering and any costs and fees for permits and inspections for fire alarm and fire sprinkler systems. 11. All lighting and power changes to be per electrical drawings. GC to provide all data boxes and conduits inside the walls with pull strings to above accessible ceilings and marked as to location of box. 12. Per phasing schedule, existing furniture will be removed, walls will be painted, flooring replaced, and new furniture will be installed. GC will be responsible for carpet removal and painting. GC's electrician will be responsible for disconnect of existing furniture and re -connection of power to new furniture as it is installed. 13. All furniture removal and replacement and data will be by the County. 14. All carpet installation will be responsibility of County. 15. All work will be completed at night between the hours of 5:30 PM and 6:30 AM, or on weekends when the building is not occupied. All work areas must be cleaned and ready for County business when the building opens every morning. All trash and debris shall be removed from the site and properly disposed of. 16. A planned phasing schedule is attached. Contractor shall plan on coordinating activities with the County's 3rd party vendors (e.g. furniture, carpet, data). This coordination may result in elasticity and or minor delays or accelerations with phasing schedule provided. 17, The project will be permitted through the Weld County building department. Fees for permits will be waived. 18. Davis -Bacon and Buy American requirements are NOT required. 19. Bid bond is not required. However, a payment and performance bond is required. 20. Based on a contract being ready on August 15th, provide the completion time for this project. A mandatory pre -bid conference will be held on July 3, 2019 at 11:00 AM, at the Weld County Human Services Building C located at 315-C North 11th Ave., Greeley, CO 80631. Meet at main lobby. Bids will be received up to, but not later than July 17, 2019 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). 81900112 TOTAL $ 71 2( O COMPLETION DATE dCkil 20, 7-U2-0 11 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. #61900112. 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 TCC Corporation BY Ernie Crownover (Please print) BUSINESS ADDRESS 609 Gryfalcon Court, Unit D DATE 7/17/2019 CITY, STATE, ZIP CODE _ Windsor, CO 80550 TELEPHONE NO 970-460-0583 FAX 970-460-0871 TAX ID # 84-0964449 SIGNATURE Z E-MAIL ecrownover@tcccorp.net **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 -10. 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 61900112 12 5 2 c 4 :) it V I s your er Request for Taxpayer Identification Number and Certification I. Go to eatarw,/rs.gov/PorrrnW8 for instructions and the latest Information. tttt ioar a,rnrm h"a;,.,I - ,.KfI-. 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You must cross out item 2 above 4 you nave been notified by the IRS triot you are currently subject to aeckup aitlrhotainq because you nave failed to report ult nlernst and dividends on your Las return. Foe real estate IruneaclIona, ilom 2 down not apply, For mortgage Intrnast oeld, -iuqurwifon or aaandonrnent or secured properly, canceliadon of debt, eonlribullonva to all Individual retirement arrangement (IPA), and generally, payments other trLnn vtlereat and dividortds, put. ere nab required to sign the'aertitlearfon, but ynu must provfdu your normal TIN, Sae the Instructions for Part `I, intnr. Sign Signature of Here oleo person. General Instructions S000on references are to the Intern -al Revenue Cocfa untess otherwise noted. Future developments. For the Infest Information about dovolopn' t-tts rooted in Corm W •3 and Its !nstr.Ctiunsr, auo11 as fegielation enacted .later they .../GeR ouWlohed, go to www.,`rs.prrvlFormW:9; Purpcse of Form An individual or entity (Form W9 r.Or,catcrt ,vho is required to file to Intorr wilco, (alum with the =rt5 must .rbt:tk, your r:ot'rect taxpayer identification number (flN) eihrtth may Ow yorrr sOCrel securely rearmost {S S0 t), 'Itrflvdtuat raxpayor rdtenl/Iualtoh me-ober (IT{N), adoption taxialyO, rduntili anun number {ATIN),.or omprayer identification pumali {FIN), to report on u, inform: diem return' the amount gold (0 you, or sinor ,ion Ounl 1;,urtnpio on .In informt111gn rOtum. E:trutlp(C3 el iOf on,W(icn returns include, but we not !finlied to, the following. • horror 1oSb-INT interact earned or paid; oete • Farm 1099-DIV (dividends, (ncinding those from stooks or mutual funds) • Farm 109r•MrSC (various typos of Income, orb -or, awards, or gross proceeds) • Form 1099 -to (stack or mutual fund sales and certain other transactions by brokers) • Farm 1099-S ;proceeds from real estate transactions) • Form 1099-K (merchant card and third curly network transactions) • Form 1098 (home mortgage interest), 1 q9d - 'student loan Interest), 1498-1 (tuititm) • Form 1094.5 (cenc©ied debt) • Forrr, 1049-A (acquisition or abandonment of sec -red property) Use Fatnu yV-9 .only if you ore a U.S. person (Including a resident alien), to provide your curt act TIN, Il you eta par return Frew W9 to the reguaster with a rip), you 'night be subject fo backup wtrhkeittirty. See other is cankup wlthhn sting, tSrbr. Cal. NO, 1(12515 Farm W-9 (Rev. I 0-201e) Subcontractors for Human Service Bid C: 1. Casework — Woodco of the Rockies, Inc: Weld County Admin Bld, WC 1401 Remodel, WC 1150 Admin Bld. 2. Doors — Collins Doors: WC Soils Labs, WC 1401 Remodel 3. Windows — Slade Glass: WC 1401 Remodel, WC 1150 Admin Bld. 4. Acoustical — Beyond 9 Interiors: CU Wardenburg Health Center Remodel (Boulder), MSUD Writing Center Remodel (Denver), DOS DSST Stapleton Addition (Denver) 5. Framing/Drywall — Beyond 9 Interiors: see above 6. Flooring — Front Range Interiors, WC Soils Lab, WC 1401 Remodel, WC Training Center 7. Painting — Serenity Painting & Decorating, LLC: Human Service Bld A & B 8. Fire Alarm — Ottem Electric: WC 1150 Admin Bld. 9. Fire Sprinklers — Flow Fire: WC 1401 Remodel, WC 1150 Admin Bld., Greeley Rodarte Center 10. HAVC — Poudre Valley Air: WC 1401 Remodel, ABRA Auto Body (Greeley), Planet Fitness (Greeley) 11. Electrical - ��(7 New Contract Request Entity e * TCC CORPORATION Entity Information Entity ID* @000343f31 Contract Name* HUMAN SERVICES BUILDING C RENOVATION Contract Status CTB REVIEW Contract Description* INTERIOR RENOVATIONS TO EXISTING OFFICE SPACE. Contract Description 2 Contract Type* CONTRACT Amount* $712,330 00 Renewable* NO Automatic Renewal Grant BUILDINGS AND GROUNDS rtment Email gGroundss@weldgovcc, Department Head Email C r1-BuildEngGrounds- DeptHeadPwe dgov.corn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- [ 0UNTYA I CJRNEY@WELD GOV. C OM If this is a renewal enter previous Contract ID If this is f a MSA enter MSA Contract ID ❑ New Entity? Contract ID 3069 Contract SGEESAMAN Contract Lead Email sgeesaman@c©.weld.co us Parent Contract ID Requires Board YES Department Project # Requested BOCC nda Due Date Date* 00/10/2019 08/14/2019 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Termination Notice Period Review Date* 02117/2020 Renewal Date Committed Delivery Date Expiration Date* 02;17/2020 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head TOBY TAYLOR DH Approved Date 09/03/2019 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date D9/16/2019 Originator SGEESAMAN Contact Type Contact Email Finance Approver CHRIS G'OVIDIO Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 09106/2019 Tyler Ref # AG 091~19 Legal Counsel BOB CHOATE Legal Counsel Approved Date 09/112019 Submit DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 July 24, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Human Services C Renovation — Bid (B1900112) As advertised this bid is for the renovation of the Human Services C Building. The low bid from TCC Corporation meets specifications. Therefore, Buildings & Grounds is recommending awarding the bid to TCC Corporation in the amount of $712,330.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director aola-&2S7 Cooat WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: cmpeters(a�weldgov.com E-mail: reverett(a�weldgov.com E-mail: rturf(c≥weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: JULY 17, 2019 REQUEST FOR: HUMAN SERVICES BUILDING C RENOVATION DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B1900112 PRESENT DATE: JULY 22, 2019 APPROVAL DATE: AUGUST 5, 2019 VENDOR TCC CORPORATION PO BOX 567 WINDSOR, CO 80550 CONSTRUCTION CONCEPTS INC. 14125 MEAD STREET LONGMONT, CO 80504 GROWLING BEAR CO INC. 2330 4TH AVENUE GREELEY, CO 80631 MARK YOUNG CONSTRUCTION 7200 MILLER PLACE FREDERICK, CO 80504 H+L DEVELOPMENT, LLC 4950 E. ASBURY AVE, STE. #2 DENVER, CO 80222-4803 TOTAL COMPLETION DATE $712,330.00 01/20/2020 $762,810.00 04/03/2020 $766,170.00 240 CALENDAR DAYS $887,316.00 200 DAYS $971,401.00 65 DAYS THE DEPARTMENT OF BUILDINGS & GROUNDS IS REVIEWING THE BIDS. 1/02,. 019-3237 Obc2--/ Hello