The URL can be used to link to this page

Browse Search

Home My WebLink About20191719.tiffAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & TCC CORPORATION HEALTH SERVICES LOBBY RENOVATIONS THIS AGREEMENT is made and entered into this 2.I.Er day of 41/4‘1 , 2019, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and 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: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1900089". 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 AdA2g-636-) 02P/9- /7/9 o& ooa-1 by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A&B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $147,343.00, 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. $25 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: ecrownover@tcccorp.net Telephone: (970) 460-0583 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by CORES. § 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. a IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 2-I day of MA 4 2011. CONTRACTOR: TCC Cor oration i f I By: Name: tal.mtE, aowesiovett Titles Parzi i pct Date 512 1' WELD OUi : ATTES eto�� Weld, o j:y Clerk to :_ &,`oard Deputy CIrk to the BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 21) 0. Mike Rreeman, Pro-Tem f 9_, nit REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: APRIL 1, 2019 BID NUMBER: #B1900089 DESCRIPTION: HEALTH SERVICES - LOBBY RENOVATION DEPARTMENT: BUILDINGS & GROUNDS MANDATORY PRE -BID CONFERENCE DATE: APRIL 17, 2019 BID OPENING DATE: MAY is 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: HEALTH SERVICES -- LOBBY RENOVATION A mandator pre -bid conference will be held on Wednesda Aril 17, 2019 at 11:00 AM, at the Weld County Planning Health Building, 1555 N. 17th Avenue, Greeley, Colorado 80631. Bids 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 Wednesdavb 'lay. z 2019 (Weld County Purchasing Time Clock). PAGES 1 — 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at https://ww .uveldgov, :��r� ldc artmontsl urcha ► n � located under 'Bids / Proposals / Tabulations". And, on the Bidnet Direct websitt at w vw.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an online 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 W Weld County - 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com.Emailed bids must include the following statement on the email: "1 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 Deliver. Mailed (or hand delivered) bids ds should be sent in a pealed envelop with the gad title and bid number on it. Please addre ss to: Weld County Purchasing impartment, 1150 0 Street, Room #107, Greeley, CO 80631, Please call Purchasing at 970-4004222 or 4223 it you haves questi r$s. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared -, spared by the Weld County Purchasing *apartment.Fach bid must give the full business .. `dress of bidder and be signed by him with his usu; l sin 'tut F :° by partnerships must furnish the full names �;f all partners � Wire. �.�ds ne of the members of the partnership and must be signed with th�� partnership name p ership or by an authorized representative, :ids � p o folio ��.�� ed by the by f the person signing. ,�a�s by corporations must be signed n snature and title � ed with the legal name of the corporation, followed by the name of state of the incorporation and by he • signature and title ®f the president, secretary, r other person authorized to bind it in the matter. The name of each person signing shall also be 4printed@bel-,;w the signature. A bid .�y a person who affixes to his typed 1„r . `agwent, or other title without disclosing ° signature the word 80presid�ntp@@ @�s�cr��@Q enn U . � ng his principal, may b held to be the bid of the individual ��,.sted by the Weld County Controller/Purchasing ��n�n�° evidence of the authority of the officer Direct Director, s�tisf`.,�t.;�Y signing on behalf of a corporation shall attorney must acc,�n�par�y fhe signature of n® ;.�be furnish,�:d ,,� p,,��._r of anyonet tl�er�ise authorized to bind the Bidder. All corrections or erasures sn�-ll be initialed by the signing ins p-srs�n signing the bid. All bidders shallagree to comply conditions, requirements, specifications, and/or instructions p Y with all of the � of this bid as stated or implied h Frein. All designations and prices shall b fully and clearly set forth. folds -d in. Bidders are required to l Wank spaces in the bid forms sh�lr� be suitably g use the Proposal Forms which are included in this package s indicated in the Bid Forms. The Bid Proposal ( , ust be filled p �e and on the basis out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered.° It �� the responsibility of the bidder o ensure that the bid :eerroves in the Weld County Purchasing r acing Department on or prior to the time indicated in Section entitled' "Notice to t�idders.'° Bids received prior to the � ➢ time ��f opening will be kept urt pened in a secure pDac. No responsibility will attach to the Weld County Controller/Purchasing r e for the prey � ��ature ® enin of a bid ��erector/l�ur�ha�on� Director opening not properly addressed and identified. Bids may be wi written requ;st to and ��ppr®v)l ;.;f the �v�0d Count Controller/Purchasing thd�P��-,{�+1� upon request being received ° • y Director/Purchasing ��gr�c��:ry said from the withdrawing bidder prior tthe time fixed for award. N f a bidder in preparing the bid confers no ro��eglager�c, on the part �J ht for the withdrawal of the bid aver has been awarded Bidders are expected to examine the conditins9 nom s �cific�tg�., � to do s. will b? at the bidders' risk. p , and all instructions cant ined herein, aelur • In accordance with Section 14-9(3) of the Weld Count �� to resident Weld C��ant bidders Y mss.-' Rule Charter, Weld County will give preference y o n all cases whey -a said bids are competitive in rice and quality. r-, understo;•d that ',J',{t old C,;unty will give pref�aPer�ce to suppliers from Q � y. It is �ls,. C.R.S. 30-11-110(when it is accepting bids Pp tom the State of Colorado, an accordance with p ng for the purchase ;., f any book i . lithographing or other supplies for any officer ®f Weld County). s, stationery, records, pro; frig, and a00 bids, to waive any informality bids, �° Weld County reserves the right to reject any in th -- bids, to award the bid to multipl4 vendors, and to acce t that, in the opinion of the :card of County Commissioners is tp the bad +� the-= best interests of Weld C;.unty. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid for Propsal contained en g submitted, all of the �400u��nt� of the I��uy.�t ° herein (including, but not limited t..; the product specifications the formal acceptance of the bid by Weld Countp Cato®ns and s��pe of services), Commissioners, together y, and sign of the Chair of the Board of g constitutes a contract, with the contract 0 .,ate being the date County Chair of the ore of County Commissioners. of signature y the � SUCCESSFUL BIDDER HIRING PRACTICES — 'LUG ALE. S Successful bidder certifies, warrants, and agrees that it alien who willperform work 9 does not knowingly employ or contract with an illegal under this contract, Successful bidder will confirm theg all employees who are newly hired for employment in � employment eligibility of the United States to perform work under this BID REQUEST #81900089 Page 2 ° ton in the E VerBts°J program or the State ®f Colorado program established through participation Successful bidder not knowingly employ or contract with an pursuant u Agreement, to Successful shill C.R.S. � , contract ��9�' ith a subcontractor t� �,'� Ms pear �t °s Agreement or enter into a cowith illegal illegal alien �© perform work o�l� this,, shall not knowingly employ or contract n g v°' Successful bidder that the subcontractor � ° ��e'� not use ��Verify Program or State of certify with �� this Agreement. Successful bidder ��, job applicants �i�hi0� this Sian to perform work under ire re�emPDOYment screening r pp ethis Colorado . r�gr�r`� pr��d�r�� to undertake � obtains ��t�d knowledge that a subcontractor . i , �B�forr�� Of Successfufl bflder o o �� . ° • aQo� � on� co�$r��t� �� iae�g�D �Da�� per Agreement nbade has the public contract f®� services '�8�1©�i�g0y employs �� Successful performing �•,rk under p� days �� if subcontractor and County within three (3) ° bidder has Successful bidder shall r��to�y the ��b� contracting with an BDD�g�:O alien and shall ° e �oC� that a subcontractor is employing or c the actuaknowledge contracting with the illegal alien within three D� BB�i or subcontractof a subcontractor does not stop employing � o ° the contract if within three clays the ofreceiving ° Successful budder shah not terminate ��"pao��d or ' � days rr��B�n�g notice. ° establish that the subcontractor has not knowingly ° course �� information to ��t�rb9B�h � ��`�� provides - with reasonable requests ��d� n� the contracted f� ' an illegal alien. Successful bidder shall comply the Colorado Q��t of Labor and of an investigation, with pursuant to CRS. §Mo i17°5-1102(5 by ° undertaken �Colorado �� , o ��f�D bidder �h�494 Emp lt.Uf °participates pates in the State of program, that nor shall, ��f Q� ��t° Qf �� bidder p ,fee to perform work under the contract, affirm and not l • ��t� days after hiring a new ��p�� t�o��d �n�� copies o� the documents, Bt�l� ° the legal �D �o�� status o such employee, ro . , � B�nB��d �� ° Successful bidder shall deliver t alder has employees. the identification documents far such amp y ` t�� of b drier employee, and shall Cured or falsified n that it has examined the legal work status bidder fails to coy County, a �,��'itt�`� notarized affirmation r Colorado program, 9f ��f�D b . with of the other requirements of the State of §8-17.5-11101 �t �e. °, ��nt�� y terminate this complyall and temate thconsequential .. o� ro�i�non �r of o.G�.�° `� n �� 0� mouth ��y r�q�Br��nt of th � �f��D �Bdd�r ��DD b� 9BabQ� for �� h� �r�d if �� t�r�nrr��t�d, �� gr<�c��r�t for damages. C.R.S.§ 24-765403(3), if ��r�0 Excnd except as provided in exempted �� d�raD law aodder must confirm that any individual b drier where funds under the contract successful b e ;�pursuant to oo• CRS. b�dd�r receives federal or state e I��O pr��nt in the United eta$ ,� p�� eighteen (18) �y��aP� �� O� osd�r � °�°;.,��d�d ��d�r the ��tr��tb Oo ��§ 24-76.5-103M, 41tural � -10lies for public benefits pr® -� � �� if such individual applies � �� n�0� of perjury that at: (a) is a citizen b o ��it ;�&reb : swears or affirms andsshall ° operates as � sole proprietor, � States pursuant to federal law, (b) bidder tM `�7p��i otherwise 9a uily present in the United r- States or g� c�tE�� p r�°��1�� , et seq., and (c) shalt produce p tdu e ° ifio==tion required by C.R.S.2 ,, � one ;� the forms of od�n� prior to the effective ��to�� d� s� of the contract one r • duce the o (� nA rn 1� by �/`�^ 2476.5-M ` ° ° Q- �o� 1 � �Jkl r��d CB.S. § of forms of identification � GENERAL PROVISIONS are Financial obligations of �i Ii .,Qd County payable �fi�c��ai�� d� �ai�si�b�e. ��y A. Fund Availability:budgeted and s for that purpose being appropriated, funds a ��94�bd� to fund the contract beyond acceptance r�g�nt upon County does not warrant that funds b of the bid, Weld �� y the current fiscEl year, bidders Q nt rrfdon: Weld County discourages 8f ,� Trade) �� d �� oc�� Q that cannot be disclosed to the public. m �� trade secrets, th�a submitting �5�nde�tB�Q information, �(r1�8�ud.�� separately from the main bid submittal, • �tio� of the bidder sh �d6 be transmitted � -P � � , , -- ��r the ��f�Q ��, confidential r'��a(((��'rc� py� nry�1 at 5•Y�, top the word5 "CoNF oEQ�TD�o° However, p denoting I, u 0 �d `-:J� X71 u tiJ bB��®\ 1 , u��®U L \�� '. � � h t��P ��'! t�: LL�nl� U '�� I! \J ° �v �.;/ . �� 7 L.`pc�LY � p bidd� dvientity, W SSd County must comply with ' advised that as a public Y D6� records, and cannot guarantee the �dd r is �Records Act(CO)Awith regard to pub et seq., the Colorado ��® Open ��®r � . that ADD information contained within � flt5° The bidder oo responsible for ensuring. � � ed w t confidentiality of ADD do�� ° � � from disclosure p�r��nt to o°�� ° ��D portion �J" the subB�d$t-11 is exempt°r,-, °� ��B�l��Q, �©OoC�,Bo�D� or ��c�D t� � �r�f4d e a information, and confidefltod co m&rd r D s rA ;_� secrets, ri��iD�gc�d - marked 'Bo�i��Da�,�ii�Q _ '`4 staff will review ;radv �� 9 � a n��S a CORA request for bid information U Y Y� t �" disclosure pursuant to taro D 'Weld County ro�� of them may be �� Bth�0d from d r��tc�ri�� to determine whether anyfrom disclosure. Weld County staff will the A 000 �� and disclose those por�Bons staff determines are �'®t pr''tected °within the body of . � '�ider�ti"I information which is included �0�0� for rr��dactin� or identifying o�� not be responsible BID REQUEST #91900089 the bid and n®t spamtely edentifid. Any document which is InC®rpoIPafrd as an �xriblt into any contract executed by the County shah be a public document re ardl��ss of g whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall b'an construed or interpretec as a waiver, express or implied, ©f any of the immunities, rights, benefits, Colorado Gov'itnm'��lltal Immunity Act � � rle�l��, protections qtr other pr(��°��0®��, ®� the %24.10-101 et seq., as ,pplicable nw or herta er ar_ nde. D. Independent C ntract®ro The successful bidder independent contractor and shall perform its duties hereunder as an of its not as an employee. He or shi:, shah oe solely responsible for i agents and employees for all acts p-�rforrx�edpursuant to f its acts and hose nor any agent or es� se , ��a there®f � th�� contract o either the successful bidder p shall be deemed to be an agent or - m to ee of Weld succ�;ssful bidder and its ₹= r�p6oy �es and agents are not entitled p y County. The c�od�p��nsation benefits through titled to unemployment insurance or workers' g veld County and weld County shell not pay for :r otherwise cove�°a��e for the successful bidder or �tny o' its agents or e: �� proved® such be available to th', succ��,ssful bidder its employees. Unemployment insurance benefits will and its zimployees and agents only if such cvera e ° by the succ�=ssful bidder or third party. The sucez�ssf�a b�� made available taxes anc income taxes and 60 bidder shall pay when due all applicable employment cal head is axes (if applic ble) incurred pursuant to the con bodder shall r�®t have authorization, express ®r implied, ��e� contract. The �U•U��`VJ�� nd��rst�B�din , ��cc� .� � � ,\ , to bind Weld County to any agreement, liability or ° ° .. g pt as expressly sot forth in the c..sntrsct. The successful bid �espoa�sabole$�es wi�h regard to workers' compensation der sh�Pi ht��v� the following . and unemployment compensation insurance o��tterso or'�v�d�-� and keep in force workers' compensation and ��a . P un�. mpU`�" �yent compensation insurance in the amounts r=quire by law, and (b) provide proof thereof when re quested to do so by Weld Countya E„ Compliance with La Thy successful bidder shall strictly comply with all applicable federal and state laws, ropes and regulations in effect or hereafter established, including without limitation, laws applicable practices. F. Chf Law: C l®reds law, and rules and °f,, applied in the interp, retati r�gulatc •. ns �st�bl.�shed pursuant tif�eretr:� shall be on, execution, and enforcement of the contract. Any incorporated f�-;rein by reference which conflicts with said provision �I��flud�� r lams, rubes andloll relations shall be null and G. No Third -Party Beneficiary Enforcement: It is ��-j xpressly understod nd agreed that the enforcement of the terms and conditions of the contract, and all of ° shall be strictly reserved to the rights action rel��in� �.•� such erforcement, , undersigned parties and nothing in the contract shall iv or right of action whatsoever by any other person not include i give or allow any claim the undersignedparties that d n the c��nfiract. It is the express intention of g any entity other than the undersigned arties receivin . under the contract shall be an incidental beneficiary onl p 9 serefces or benefits y. �. Morn ses Feet/Legal Costs: In the event of a ��. ��.�,��;�� ,� �� dispute between Weld County and the successful bidder, concerning D 099 I� the contract, 6�t �6rd, '�° parties agree ca 6k IA( ad County shall 'die µas tees ag ee that V N eId s1 Iall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful Pciddr. 1. iisvd usirness Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in r� discrimin��'ed against on �he grounds of race, color, national° �� Anse to all invitations t-nd will not be an award. origin, sex, age, or disability in consider titn fr J. Procurement and perf rancea the successful bidder agrees to procure the materials, equipment and/or products n tAcessary for the project and a rasa to dill ., a a materials nec�-�ssa to perform ;-, .,. g gently pr...,�Qd all services, labor, pers.,nr��l and P m and c.• mplece the project. True successful bidd r shale further for the timely c`�mpleti©n9 and acknowledges that a failure �� be responsible outlined in the Bid within the t` ��, comply with the standards and requirements limits prescribid by County may result in Count's decisi payment or to terminate this Agreement. y on t.., withhold -..�.. BID REQLIEST #61900089 Page 4 of the execution of this Agreement by •of this Agreement begins upon the dateresponsibilities described K. T®rrn. The term 9 it successful bidder's completion of the p County, and shall continue through and until Co y, in the Bid. with or without cause on thirty {3Q) the right to terminate this Agreement, notice upon a Termination: County has g this Agreement may be terminated at any time without ' en notice, Furthermore, days watt material breach of the terms of the Agreement. • . • tions to this agreement shall be in writing •Modification: Any amendments or modifications bidder eshall be the bang M. Extension or -or work performed by the successful •both parties. No additional services has obtained written authorization and signed by and until the successful bidder sis additional compensation unless no claim that the County has been for Accordingly, went County far such additional services. any such unjust enrichment, shall unjustly cknowledge by • • l services, whether or not there is in fact enriched by any additional be the baany a able hereunder. ofincrease in the compensation pay . County has entered into this Agreement successful bidder acknowledges that Co y sshi bidder shall N. Subcontractors: The of the successful bidder. The succe in upon theparticular reputation and expertise Project without County's prior written not reliance p agreements for the completion of this j tin its reasonable enter into any subcontractor 9 , County shall have the ri9h may be withheld in County's sole discretion. - during theperformance of this Agreement consent, which assigned to the subject Project assigned to the discretion to approve all personnel g n in its reasonable discretion, shall be g and no perso nnel to whom County has an objection, approved by County and to the extent • bidder shall require each subcontractor, as P bidder by the terms of Project. The successfulsubcontractor, to be bound to the successful • • • which thisof the Services to be performed by the all the obligations and responsibilities assume toward the successful bidder have the right teat not the Agreement, bidder, assumes toward County. County shall successful the successful by this Agreement, any subcontractor hired by the • enforce the revisions of this Agreement against successful bidder shall be responsible bligation} to en o in such process. The bidder and the successful bidder shall cooperate ubcontractors. omissions of its agents, employees and s for the acts and will be • that services performed under this Agreement • Warranty: The successful bidder warrants such services and the provisions of this 0. war Y with the standards governing performed in a manner consistent that all services shall be performed by bidder further represents and warrants • standards, and that Agreement. The successful workmanlike manner, consistent with industry is personnel in a professional and to the foregoing warranties, contractor services ed applicable specifications. In addition g , will conform to p is subject to a one-year warranty all performed on this Project pursuant to this Agreement contractors workmanship aware that all work n failures or deficiencies caused by during which Contractor must correct any period or performance. • merchantable, of good quality, and free from • that thegoods to be supplied shall be warrants � purpose intended and conform to the The biddert. Thegoods shall be sufficient for the p P supplied minimum defects, whether patent or laten warrant that he has title to the goods herein. The successful bidder shall � interests. of all liens, encumbrances, and security and that the goods are free and clear ' er shall bear all costs for mileage, time, in One Year Period: The successful bidder be purchased travel by Weld Service Calls the First , • repairs) of any of the goods to ear trucks used in the servicing (includin9 as are necessary for the first one (1) y and service to this bid for as many service calls County, Colorado, pursuant goods are first supplied to Weld County. period after said hich the bids bidsinformation pertaining to the equipment upon w • r shall submit with their the following Bidder are submitted: 1 Detailed equipment specifications to include the warranty. , 2. Descriptive literature. interest • not assign transfer this Agreement or any . nrnent: The successful bidder may g n attempts by the successful P. Non -Assignment: prior written approval of County. Any therein or claim thereunder, without the - - _ Page 5 BID REQUEST #B 1900089 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 business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all BID REQUEST #61900089 Page 6 times during the term of th' Agreement, , r any extension thereof, and during any warranty periods The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A. M0 Best Company _ as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating p y an "Should of the above -described policies by canceled or should any coverage be reduced before the � y -' pirat.cion date thereof, the issuing company shall send written notice to tie Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written i e shall be sent thirty da s prior to such cancellation or reduction unless due to non-payment of not c Y � premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self - insured ed retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment a ment ofdeductible or self -insured retention. County reserves the right to require Successful any bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified ecified in this Agreement ar, the minimum requirements, and these requirements g �o nt decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained her in 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 subc.ntractors. Th 4- successful bidder shall assess its own risks and if it deems appropriate 9 In r prudent, maintain higher limits and/or broader coverages. The successful bidd `r is not relieved of and/or 9 . . liabiOit or other obligations assumed or pursuant to the contract by reason of its failure to obtain or any Y g maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and hob s expense, Any modification to these r,-. uirements must be made in writing by Weld (sabola�ue� under this Agreernente q County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder P shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bider and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify ano hold harmless County, its officers, agernts, and employees, from and against injury, loss damage, liability, suits, actions, or cl;i s 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 wrkers' c•mpensation law or arising out of the failure of the success ful bidder to conform to any statutes, ordinance, regulation, law or court decree. Me successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to c+•mply with p p Y provisions of the Agreement9 or on account of or in consequence of neglect of The successful bidder in th f � its methods or procecures; or in its provisions of the materials required herein, or from any claims or *mounts arising or recovered uncle-- J e Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed thet the successful bidder will be re sponsible onsible for primary loss investigation, defense and judgment costs where this contract of indemnity awardof this contract, the successful bidder agrees to waive all rights of applies. On consideration of the . ubro rA ion against the County its associated and/or affiliated entities, successors, or assigns, its elected �J s g officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the �g successful bidder for the C_.unty. A failure to comply with thus provision shall result in County's right to immediately terminate this Agreement. Ipes of Insurance: The successful bidder shall obtain, and maintain at all tires during the term of any Agreement, insurance in the following kinds and amounts: U orkP rs° CompmeaUon Insurance as required by state statute, and Employer's Liability dnsurance � co rin all of the successful bidder's employees acting within the course and scope of their employment. Policy shaDl contain a waiver of subrogation against the County. This requirement shall not apply when a suc cessful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AN) when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form_ BID REQUEST #61900089 Page 7 Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub - vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B1900089 Page 8 SPECORCNIONS ANDIOR SCOPE OF WORK AND P7WPQSED PRICING: KE' LTK SEMMES S LOBBY RENDVATI 0th Services Building Qobby° The building is Located at `�l 555 N This project consusts of a renovation co Hea 17th Ave, Greeley, C 80631 Scope of work: . ° contractor eruorrninc renovations to the space t renovate existing lobby his project ill consist �� general °� detail the scope, ‘��ori� shai9 include: area In additb�•;n to plans and specifications (attached) that ° �'l�r� s and lighting as necessary to construct new lobby reception � ° Remove existing walls, flooring, cei � g P � � a ro s �yy yn,1j {��y walls ] shown \�/J/Q,� drawings, �� //� [n.� �(/�j� Construct new Y/ tit allfs as shot/ V n on Ob r` V Il ings, 3. Provide new door, frame and hardware. ° ° area that ® lets p�ti �� s and Provide dust and debris protection encksures to partition off work 4. �ro.access other �.�� of the space during business hours. staff5. �i� around work areas to p stations. Glass edges to be eased Provide storefront window frames and glass at new transacti.n or plashed so they re not sharp. 6. Paint walls and door frames as called out on the finish schedule. above carpe tmd areas to be provided and installed by Weld County. 7. All carpet and base grade flooring in exam and lab areas as noted on finish schedule. Rep ace �. Remove medical rid � flooring � ° , � °©n �dos�ec ``�; i D 'boring. Only two rooms ��oll be all wed to be removed �®®rang with new b�,�nnang�, � oone at a time and will need to be done over a weekend so that the patient areas will be in operation the entire eek eted after hours and on weekends. Site must be cleaned and �° All work on t�.r�o� project will be c��p r � AM until � PM; Mondayread . for business Monday through Friday. Normal business hours a throug" Friday. • o p .. heads a to maintain proper coverage after renovations. � nY permit � �° Adjust fire spnr��9er as necessary.° ° l � � �i�" by �Co engineering fees for fire sprinkler or fire alarm modifications shall p or � nag � °ssa to relocate electrical conduits. Repour concrete to match 11. Remove concrete � ��r as n` ce � xisting after conduits have been m.ved. ° •£� into new walls in similar 8®� do v existing electrical in derno'd w�:Ils and re -:ovate all circuits �I�.�er�® Remove � ,• boxes will be irFstalled by GC and have conduits with pull strings ,o as sho�no ill data and ph��n �.��.� terminations. above coiling. Weld County will install cabling and m ate provide your staff and �yy The contract is expected to be finafazed by Jun -J t 2019. Based on -this date, p completion dates for the project.14. The Fees for permits cola project will be permitted through the Weld County Building Department. be waived. 15. Davis-BaC.,n and Suy American requirernents are NOT required A ��l ,.will be held on Wedr esda April17, 20` _ _ :P _. ► -t at the �� p�o��a�. conference Health Buildin i located at 1555 Ni 17th Ave Greele , CO 8063t Bids SI be receivedup ha Wadnesclay4 Illtav -1, 2919 at 10:00 AM (WELD COUNTY PURL ;. AS"NG TINE C _ OC )a TOTAL STAR DATE COMPLET ON DATE BID REQUEST #BI900069 Page 9 The undersigned, by his .=: r her signature, hereby acknoacknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No, #B1900089. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4 The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 50 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 rreot BUSINESS ADDRESS Co C Cio ut:le CITY, STATE, ZIP CODE tf'fOWQC d Co acaSCo TELEPHONE NO ni• -701690,--O 5'6'3 01-4-*09414Wq_ PRINTED NAME AND TITLE 1E-WEe SIGNATURE FAX 91 A- 6@ci t TAX ID # bvNOt/e1Z a We S b cOvr E-MAIL criowivo yea- tcpi wer DATE Ce= 2E � **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** SiduaassyYwit WEL COUNTY IS EXEMPT FROM C LORADO SALES T a.yc.E 0 THE CERTIFICATE OF EXENIPTRN " © d - 6� 49 a na �6 $� ® a a a L7� �1 $ 9 A NOT m ® �� 6m[s BACK ma s PAGES — a tle �y,;,,, BER IS #98a,O.�55-i w000. br O DO N T N EEL a WEND BACK PAGES l ® .e ATTEST: Wald County Clerk to the Board Deputy Clerk to the Board END REQUEST #81900089 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO .t n Mike Freeman, Pro-Tem ` 0 3 2029 aosioniromaporowavywr Page 10 � I ti. E U E T NO. B1900089 HEALTH SERVICES — LOBBY RENOVATION Buildings & Grounds Department Page 9 of specifications under scope of work CURRENTLY READS AS: Scope of works currently consists of items 1 through 15. S=ID SPECIFICATIONS SHOULD NOW READ:_ Add following scope items: 16. Contractor will be responsible to remove all items from the exam room floor (eg chairs, exam table, etc), place in pre -designated area on 1st floor of building and reinstall items. frames in rooms to receive BioSpec flooring. This painting will 17 , Provide new paint on all walls and door need to be completedduring will be responsible for the time that the flooring is taking place. Contractor p holes caulking and replacing all removed iterns..�11 painting to removing all objects from the walls, patching 9 g be completed after hours or on weekends. new BioS ec flooring. This work shall be completed after hours or on 18. replace flooring in room 131 with p weekends. ***We need si • ned co • n film Than Addendum received by: are -'C CoC.foteArt0 FIRM %D°1 &VtF/1LL0P) LQL4Lc � ADDRESS 14 I t4tvs opt,/ CID April 2 19 Your" O yr V CITY AND STATE egamt€ G2Ou4\JOtC BY Ec,-Q)ouft8 rota EMAIL sot(' Weld County Dapartm.nt of Purchasing Phone (970) 356-4000 Ext. 4223 1150 "O" Street Greeley, Colorado 80631 TO: @00034361 VENDOR CODE TCC CORPORATION PO BOX 567 WINDSOR CO 80550 BUYER NAME: PURCHASE ORDER Christie Peters ITEM COMNCDITv DESCRIPTION PURCHASE ORDER* DATE OF PO. BLANKET N P1900475 Page 1 05/20/19 -1' ELD COUNT?' ATTN: TOBY TAYLOR 1105 H STREET GREELEY, CO 80631 08/31/19 87.L TO: HEALTH SERVICES LOBBY RENOVATION PER B1900089 APPROVED BY THE BOCC ON 05/20/2019. TOBY TAYLOR IS THE PROJECT MANAGER AND HE WILL CONTACT THE VENDOR. TO START THE PROJECT. ISSUED P1900475.--CP The articles specified are subject to the following conditions: 1. Goods other than those specified must not be substituted or pnces changed without authorization. 2. The right of cancellation in case of long delay in shipment is reserved. 3. Either party may terminate this agreement at any time upon delivery to the other party of written notice received at least ten (10) days prior to the anticipated date of termination This agreement may be terminated at any time by either party without notice upon a material breach of the terms herein by the other party. 4 No sales tax or use table shall be included in or added to paces of material on this order 5. If the quantity shipped is short of the purchase order quantity, specify on the packing slip if that quantity is on back order or cancelled. 6. Ells will be paid off of original invoices only. EA DISCOUNT: ADDL CHARGES: TOTAL TAXES: SHIPTO IF HOT STATED SALLY PRICE 147,343.00 .00 .00 .00 147,393.00 rolf..n W�9 (Hew October gala) gsp.Hunont of lira Troas,ry Intorna, As ublle SONIC.) tells I'n fie,ass, on your Aicon, tax 541+.11 Non ,1 s ,•Ill l„null n 1114 anr.: eta nut loafer tins :rill 1 mono; TCC Corporation 2 (laninu_e oeriioldisraynrdod mslity nut it dilforoni from above Request for Taxpayer Identification Number and Certification bp Go to www,ire.guvlFurmW9 for Instructions and the latest Information. Check upprupliele bon for federal lax classification of the person wneea name is enterer' an line 1 Check only one of Iho following novae boxes, ❑ individual/south proprietor or ❑ C Corporation O S Corperatton U Partnership ❑ Trusl/esiale single -member LLC ❑ dratted liability company, Edo; Ina Fax rloss9loalion (CoC corporolion, S -S eerporoiinn, PaPonnlaohIpl 'islet Mutt .the apptC,rprittio <itittUEntlpaohavrr far Inv tax etaaulflcnl peel tiro s`arjlontlentharmullet. On not chuck 1.15 itttt, tt,r in claxallied lrsv ohrtllu‘5tioatber LLC etst is dlrrogantbrl from the ewaer nleteso tin avenor of Iho Lift le macular Ls.C srsol is lint thelep ilea Oent the Oethi r we 11.8, IodvrtO Inn para0100.OIherWlsn, in 501)Jlo•lnerrlaor 11,0 a+.;1 a. o Is sllstatf v+N d f era ilia I lv tttO SIIWsI1.4teck Al IU nppivprluht Owe fur € w ter stria€tiitatkat Pid ot41lhtl, u so {I Ulhor{urn -41 u:Uortnt l' ri i thin•,. (nuurh 1 shout, and apt, or nutty imi See inslrurtionn. 609 Gyrfalcon Ct, Unit D e Clly, slate, and ZIP code Windsor, CO 80550 7 List account Inantler(a) here trs;rluudp Part I _ _ Erato+ your TIN in the appropriate box. ihv'nN provided must match dmmotto QIvenVol lino t to nv0Id backup withlulktinp, For individuals, this is gone/Mei your social security number (GSM i(oweveh for a rnafdenl;elten, sole prvlurlutor, or ilisrogardud entity, see the InulructIonn for Part Oilier. For other untithea, h let your enit(uyer idnit,Nculivanunitre; ION. Ii you du not have a number. bee How to f/pl a r/N, irnto , Note: If Iho account is in more than one llama, sea the ireitructiorls for inn i. AIso see Who( Name and Number To Give the Requester for guidelines on wheno number le enter. Give Form to the requester. Do not send to the IRS. 4 Exsrnplions (nodes apply only to certain amities, not Indivldunls; see instructions on page 91: Exempt payee snits fit :my) —_ — Exernpllnn (torn FA rCA repotting ands (i) any) — .• .... Flmpter.leis name nod address lnfllinnob Part II r a( V iy&r ontihcnliOrl Number (TIN) ld Can l lic:rhon Social • llVerity ,airmen or Employer inooli lv,nlan number Ig 4 0 1q vi 4 It 19 If Under penalties of perjury. I certify that: 1 The number SNOWn tin V* tom is my correct taxpayer Identification number (or I em waiting fora number to be issued to ma); and 2. I ant not dubjacl to markup withholding because: (a) I am exempt horn backup withholding, Of (b) I have not been notified by Ills Internal Revenue Suovl.y (fly) that I am subtoot to tteoktib wllraloltling on a result of a failure to mod all interest or dividends, or (c) the IRS has notified me that I ant nu 'vivo: subject le backuu withholding; Dud 3. I am n U.S. citizen or other I1. S. parson (defined below); and 4. The FATCA code(sl encored on this loan It any) indicating that I am exempt from FATCA reporting is correct. Centili:WWII instructions, YOU roust cross cut horn above II you hove burin nallflud by thin IRS that you era Our rocky Sub)act to 040101)) withholding berynudn you f ehal €,111011 In report all interest and dividends nnyow tuft return. Poi real aaiutc litmuucttuns. awn 2 does nut .rtxltiy. Fur mortgage interest outd, aequtsilion ur abandunlnant of etClaOd property, minus f` tfiun of nlabt, contributions to l it fttsfilvt+fu+rl relliufnOht arrangente111 Ih u t),. x1101 poor*, allowing oilier than intermit and d i:idoods. you ale not runniest to sign Ike carlilluatdall Ind you must provide yourootrohi TIN. Soothe Instructions for Piet I. later, Sign sionea,rn al Here U.S. portion ► General Instructions Section references aro to the Internal Revenue Cods unless otherwise noted. Future uuvolopmenht, For Ilto 'stun t Inlrnmalion a(luul dnvoioprnents relalad to Point W J and Its instruction:;, such ors Iadislntion enacted altar they warp published, yo to www.(Is.pnv/ForrriW'1. Purpose of Form rte In,1`rAduid el utility (Perm >N•? roquaatu,i were> et lo lilts rte Ininrno,Uun nature with ow IRS ',lots rlhlttln'y4Ur U(llr,n € Irlol>•Iyar anion ic•= 5111111011 (f IN) much may ha VOW zor,'ti€ sashay uunitx,t /cr rnaunhrrnuytrnlmhar (IMO, tulopnun tan(tru)m l/STiNJ. no Qrnpoynrh1ilnllliRullem',tattoo' 1, lo +vtl±ul urn .III ¢;(pine ion /ohm Om 1utSurll polo to-yuo. nr alla)1 .h holm!' nip atlL (uln Late .gn II lie n,altO„ (Olprl,. I aillillilll8 ul fnlallrnalell Iult.rini includes but ore 1101 ,Baited to. !ha toltowing. • Form 1099-INT (interest earned or paid) Cai. No. 111231X .-- _ Gate ► L. l 71 . _.._ . _ • Form 1099-Dtti (dividends, including those from sloeke or mutual funds) • Facto 1059-MISC (various types of income, prizes, aWarrls, or gwse Prot -roods) • Form 1099-t7 (stock or mutual fund sales and certain other transactions by brokers) • Form 10995 (proceeds from real satale transactions) • Form 1099 -IS (merchant card and third party network uansactlous) • Form 1090 (home mortgage Inherent), 1098-E (student loan Inlerost), 10911.7 (IUltlon) • Farm 1099.0 (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use purist W-9 only if you are a U.S. person (Including a rosidont alien), to provide your corfoct TIN. ((you Fro not return Form W-5 to the requester will, a TIN, you rnigllf ho st: Ned to backup wfthhokllno, Sec What is backup withhatding, later. Form W-9 (Rev. 10-20181 Bond No. P812266800189 ellr ocument ;4 Conforms with The American Institute of Architects AlA Document 312 ance and CONTRACTOR: (Name, legal slants 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: May 21, 2019 SURETY: 174fame, legal status and principal place of business) Philadelphia Indemnity Insurance Company One Baia Plaza, Suite 100 Bala Cynwyd, PA 19004-1403 Mailing Address for Notices One Bala Plaza, Suite 100 Baia Cynwyd, PA 19004-1403 Amount: $ $147,343.00 (One Hundred Forty-seven Thousand Three Hundred Forty-three And No/100) Description: ( r''ame and location) Bid Number: #B1900089 Health Services Lobby Renovation- Greeley, CO BOND Date: May 22, 2019 (Not earlier than Construction Contract Date) Amount: $ $147,343.00 (One Hundred Forty-seven Thousand Three Hundred Forty-three And No/100) Modifications to this Bond: CONTRACT0 Company: TCC Corpor;tion Signature: ma - Name �° ate and Title: ,d P None 1NCIPAL (Corporate Seal) See Section 16 (Any additional signatures appear on the last page of this Per/orirwance Bond) (FOR IaVFUf A1A IIOiV ONLY Name, address and telephone) AGENT or BROKER. Holmes Murphy 7600 East Orchard Road, Suite 230 South Greenwood Village, CO 80111 (720) 622-8357 S-1862/AS 8110 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. SURETY Company: (Corporate Seal) Philadelphia Indemnity Insurance Company S a es tne: and Title, rah C, Brown Homey--in-Fact OWNER'S REPRESENTATIVE: (Architect, Engineer or other party,) §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 skull 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 (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 or and the Surety e to perform the Construction Contracte Owner's notice. If the , but such an , the agreeement shallot waive the Owner's right, if any, subseque, the Contractor shall be allowed a ntly toldecle are 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. § B 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 8/10 § 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 of the 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. § S 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 are 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 shalt 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 boon made, including allowance to the Contractor of any amounts received or to be received by the Owner hi 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 behalf of 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 § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-1852/AS 8/10 Bond No. PB12266800189 Conform Payment Bond CONTRACTOR: (Name, legal status and addreu) TCC Corporation 609 Gyrfalcon Ct. Unit D Windsor, CO 80550 OWNER: (Name, legal status and address) The Board of County Commissioners of Weld County 44. ntA312TM-2O1O with The American institute of Architects AlA Document 312 SURETY: (Marne, legal stators and principal place of business) Philadelphia Indemnity Insurance Company One Bala Plaza, Suite 100 Bala Cynwyd, PA 190044 403 Mailing Address for Notices One Bala Plaza, Suite 100 1150 "O4, Street Greeley, CO 80631 CONSTRUCTION CONTRACT Date: May 21, 2019 Bala Cynwyd, PA 190044 403 Amount: $ $147,343.00 (One Hundred Forty-seven Thousand Three Hundred Forty-three And No/100) Description: Bid Number: #81900089 Health Services Lobby Renovation- Greeley, CO (Name and location) BOND Date: May 22, 2019 (Not earlier than Construction Contract Dale) Amount: $ $147,343.00 (One Hundred Forty-seven Thousand Three Hundred Forty-three And No/100) Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: TCC Corporation Signature: n tormsanftwar. None ■ See Section 18 (Corporate Seal) Name A0eta Citte.ocati frocst and Title: ear (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) 622-8357 S°21491AS 8110 SURETY Company: Philadelphia Indemnit Signature: Name and Title: This document has important iegat consequences. Consultation with an attorney Is encouraged with rasped to its completion or modifcatlOn. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable, (Corporate Seal) Insurance Company ,,;(6 rpah C. Brown 7Attorney4in-Fac t OWNER'S REPRESENTATIVE: (Architect, Engineer or other patty) § `li 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 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from 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 the Surety and the Contractor shall have no obligation under this Bond. § S If there 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 arid 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 performance 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, § 6 The Surety's obligations to a Claimant under this Bond shall arise after the following: § ,1 Claimants, who do not have a direct contract with the Contractor, 4tl 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 Clam to the Surety (at the address described in Section 13), § 6 If a notice of nonapayntent 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. § I 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: § 71 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 § 7a2 Pay or arrange for payment of any undisputed amounts. § 793 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 Claims except as to undisputed amounts for which the Surety and Claimant have reached agreement, 1f, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7 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, § Et, 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, tinder 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 are 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 of, 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 Contract is 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. If the provisions of this Paragraph arc 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 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 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 ate 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 pursuant to 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 forperformance 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 s 16.4 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. § 16.6 Contract Documents, All the documents that comprise the agreement between the Owner and Contractor. § 17 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, § 18 Modifications to this bond are as follows: I (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seat) Company: Signature; Name and Title: Address S-2149/AS 8/10 Signature: Name and Title: Address (Corporate Seal) 1010 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, 8enfiford Mark Sweigart, Donald E. Appleby, Sarah C. Brown, Suwwn.t. Lattarui r,• Ashlea Mccaughey and Elorletta Acosta of Holmes Murphy and Associates,LEX 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 INDEMNITY INSURANCE COMPANY on the 14th of November, 2016. RESOLVED: FURTHER FU �tRpa y�TTH��E R��y/ RESOLVED: ED : That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attorneys) 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 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 BF, SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27Th' DAY OF OCTOBER, 2017. 0 tilk .t t{•t i b"- 4r . , `0 ✓ `'rp (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insur.€ance 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 seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. ►10 MilM.*' CA; t941 * *w t(C10-ry Puttk Licorneixlr+xnnIsip .sttar,t pfiryCCunty x1,7Ocoorn aaiottEp ;rfa 3a9f 11.,421 icinAgtorsissIt4.044 $4,57 (Notary Seal) Notary Public: residing at: My commission expires: Bala Cynwyd. PA September 25, 2021 4 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 27'h day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., 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 tl1i.. clay. of tt yt Vt07Mss, fA. ,M �,�.,• t r t?!. f ! �Ir • t ✓ t - k n • • Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY A C ORDTM S 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 CER TIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED HORIZE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 'ate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. IMPORTANT: If the certificate IS WAIVED subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on If SUBROGATION 1 this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). NAME: CONTACT Sandra Chavez Client#: 39025 TCCCORPC E,..TIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5122/2019 C 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 PHONE 720-622-8248 (A/C, No, Ext): E-MAIL ADDRESS: SChavez@holmesmurphy.com f _ FAX (A/C, No): INSURER(S) AFFORDING COVERAGE INSURER A : Addison Insurance Company INSURER B : Pinnacol Assurance Company INSURER C : AGCS Marine Insurance Company INSURER D : INSURER E : NAIC # 41190 22837 INSURER F : COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIF Y THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TI �E�POLICY OLI H YPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 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 POLICY BY PAID CLAIMS. ADDL POLICY EFF (MM/DDNYYY) INSR LTR AIX TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE XI PD Ded: $500 XI OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY A OTHER: P RO- JECT LOC INSR x SUBR WVD x POLICY NUMBER 60481608 (MM/DD/YYYY) 09/15/2018 REVISION NUMBER: 09/15/2019 EACH OCCURRENCE LIMITS DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE s1,000,000 s500,000 s10,000 s1,000,000 $2 000,000 PRODUCTS - COMP/OP AGG $2,000,000 AUTOMOBILE LIABILITY x x ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY x SCHEDULED AUTOS NON -OWNED AUTOS ONLY 60481608 09/15/2018 09/15/2019 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ 1,000,000 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) A x UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE B C DED I X RETENTION $0 x x 60481608 09/15/2018 09/15/2019 EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Leased/Rented Eq Installation Fltr N N/A 4021079 SM L93074007 SM L93074007 07101/2018 09/15/2018 09/15/2018 07/01/2019 09/15/2019 09/15/2019 X /STATUTE E.L. EACH ACCIDENT OTH- ER E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT s3,000,000 $3,000,000 s500,000 $500,000 s500,000 $100,000; $1,000 Ded $2,500,000; $1,000 Ded DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD RE: Health Services - Lobby Renovation As required by written contract or written ag Insured and Waiver of Subrogation under Ge referenced. 101, Additional Remarks Schedule, may be attached if more space is required) reement, the Certificate Holder is included as Additional neral Liability and Umbrella Liability with respect to the above CFRTIFICATE HOLDER Weld County, Colorado 1150 O Street Greeley, CO 80631 ACORD 25 (2016103) 1 of 1 #S449982/M441381 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Aar © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD VALL2 EY/-tt BIt REQUEST FOR BID WELCOUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: APRIL 1, 2019 BID NUMBER: #B1900089 DESCRIPTION: HEALTH SERVICES - LOBBY RENOVATION DEPARTMENT: BUILDINGS & GROUNDS MANDATORY PRE -BID CONFERENCE DATE: APRIL 17, 2019 BID OPENING DATE: MAY 1, 2019 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing g Director (collectively referred to herein as, 'Weld County"), wishes to purchase the following: g HEALTH SERVICES -- LOBBY RENOVATION A ~" y3ndat yry !r e=tt conference will be held on Wednesday, April 17 2Ql9 at 11:00 __ � ... AM, at the Weld County Planning & Health Building, 1555 N. 17th Avenue, Greeley, Colorado 80631. Bids will be received at the Office of the Weld County Purchasing Department in the p Weld County Administration Building, 1150 0 Street, Room #107, Greeley, CO 80631, until: 10:00 AM on Ma 1. 2019 . eld Count Purchasing Time Clock . PAGES 1 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN.PAGES - ES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld Cunty requests bids for the above -listed merchandise, equipment, and/or services. Said aid merchandise and/or equipment shall be delivered t > the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, less packaging, all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County my to pay if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing ng website at ts.//www.weld ov•core/deartments/purchasing located under "Bids / Prop•sals / Tabulations". s . And, on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member ofi di�0et Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit P and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. 1. Email. Emailed bids are preferred. Bids may be emailed to: bids/y\��//�Wy{)/J w e I d o v . cry_ . bids@weldgov.com.VornaEmailed bids must include the following statement on the email: "I hereby waive my right to a sealed g bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid you must submit/mail hard copies of is requested, the bid proposal. (or hand delivered) bids should be sent in a sealed envelope with the 2. Mail or Hand Delivery. Mailed bid title and bid number on it. Street Room Please address to: Weld County Purchasing Department, ` 150 #107, Greeley, CO 80631. Please call Purchasing at 970-400-4222 or 4223 if you have any questions. 3, INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION 'ink on forms prepared by the Weld County Purchasing Department. Bids shall be typewritten or written in P p with his usual si nature. Bids Each bid must gi ve the full business address of bidder and b�-� signed by him wit 9 of allpartners and must be signed with the partnership name by by partnerships must furnish the full names by the signature and title members of the partnership or by an authorized representative, followed g one of the ' must be signed with the legal name of the corporation, followed of the person signing. Bids by corporations gf the resident, secretary, or by the name of the state of the incorporation and by the signature and title o P matter. The name of each person signing shall also be typed or other person authorized t•� bind it an the "president," "secretary," the signature. A bid by a person who affixes to his signature the word ° . printed below g 00disclosing his principal, may be held to be the bid of the individual signing. agent, or other toffs without P p When requested hasin Director, satisfactory by the Weld County Controller/Purchasing Director/Pure g officer signing on behalf of a corporation shall be furnished. A power of evidence of the authority of the g g the Bidder. All corrections accom an the signature of anyone not otherwise authorized to bind attorney must accompany , y in the bid. All bidders shall agree to comply with all of the or erasures shall be initialed by the person signing q conditions, re as stated or implied herein. All requirements, specifications, and/or instructions of this bid P . � clearly set forth. All blank spaces in the bid forms shall be suitably designations and prices shall be fully and filled in. Bidders are required package and on the basis to use the Proposal Forms which are included in this P g indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. d or considered. It is the responsibility of the bidder to ensure that Late or unsigned bids shall not be accepted the bid arrives time indicated in Section 1, in the Weld County Purchasing Department sn or prior t the entitled, "Notice tbidders."" Bids i s received prior to the time of opening wild be kept unopened in a secure :• . .. the Weld County Controller/Purchasing Director/Purchasing Director place. No responsibility will attach to .. Bids may be withdrawn upon r opening of a bid not properly addressed and identified. Bid. for the premature p g Weld County Controller/Purchasing Director/Purchasing Director; said written request t® and approval of the Ne li ence on the part request being recei ved from the withdrawing bidder prior to the time fixed for award. 9 9 no right for the withdrawal of the bid after it has been awarded. of a bidder in preparing the bid confers g Bidders are expected contained herein, failure to examine the conditions, specifications, and all instructions to do so will be at the bidders' risk. - of the Weld County Home Rule Charter, Weld County will give preference I n accordance with Section 14 9(3) to resident Weld County bidders in al l cases where said bids are competitive in price and quality. It is also to suppliers from the State ®f Colorado, in accordance with understood that Weld County will give preference PP,., - t �a,.;ne records, printing, §_11-11(when it is accepting bids for the purchase .f any bo_.ks, s a ry, any officer of Weld County). Weld County res-:rues the right to reject any lithographing �•�r other supplies for I vendors, and to accept the bid to waive any informality in the bids, to award the bid to multiple and all bids, that, in the opinion of the Board •f County Commissioners, is to the best interests of Weld Cunty. The bid(s) may be awarded to more than one vendor. that the signed bid submitted, all of the documents of the Request In submitting the bid, the bidder agrees , g, ` . ti®ns and scope of services), o ained herein(including, but not limited to the product specifica pfor Pr®posaf cent Chair of the Board ®f County �•,f the bid by Weld County, and signature of the the formal acceptance Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Soard of County Commissiers. 4. SUCCESSFUL BIDDER HIRING PRACTICES — ILLEGAL ALIENS Successful bidder certifies, agrees that it does not knowingly employ or contract w4th an illegal warrants, and . � contract Successful bidder will confirm the employment eligibility of alien who will pei�®rm work under this all employees who are perform work under ,bhos newly hired for employment in the United States to perf® BID REQUEST #B1900089 Page 2 Agreement, through paricipation in the E -Verify program or the State of Colorado program establis led pursuant to CRS. §8-1705-102(5)(c). Successful bidder shall not knowingly employ or csritract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful biddisr that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use EeVerify Progr;m or State of Colorado program procedures to Lndertake pre -employment screening sr job applicants while this Agreemr nt 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 bilker shell rn.tify the subcontractor and County within three; (3) days that Successful bidder has actual knowledge that ;t subcntractor is employing or contracting with an illegal aNen and shall terminate the subcntract if a subcntractor does not st•'p employing or c, ntracting with the illegal Alen within three (3) days of receiving notice. Successful bider shall not terminate Me contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly empl, Y ed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made ii the course of an investigation, undertaken pursuant t C. is.S. §LI 7m5°1 02(5), by the Colorado Department of Labor and Ernploymt nt. pf Successful bicker participates in the State of Colorado program, Successful bidder shall within twenty days aft r hiring a new .mpioyee to perform work under the contract, affirm that Successful bidder has examined the legal work sttus of such employee, retained file copies of the documents, and not altered r falsified the identification documents fir such employees. Successful bidder shall deliver to ounty, a written notariz d affirmation that it has examined the legal work status if such -Jmisloyer, and shall comply with all of the other requirements of the State or Colorado program. If Successful bidder fails 10 comply with any requirement of this provision or of C.R.S. 6=17.50101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. q Excerpt wherr; exern}.ted by federal law and except as provided in C.R.S. § 24=76.5-103(3)9 if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual ndivadual natural persc. n 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 ;'s a s le proprietor, it hereby swears or affirms under penalty of perjury that it: (a)of �sh� � _ is a citizn United States or is otherwise lawfully present in the United States pursuant to fader law, ( b) shall produce one of the forms of identi is;tion required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of he forms of identification required by C.R.S. § 24-76.5=103 prior to the effective date of the contr`;ct. 5. GENE ` , L PROVISIONS A. Fund vailabHityo Financiac obligations of W-kld County payable after the current fiscel year are cs.ntingent up n funds fr that purpose being ppropriated, budgeted and otherwise made available. Y accept once of the bid, Weld C.unty does not warrant that funds will be available to fund the contr act beyond he curr nt fisc I year. B. Tra* Secrets and th r Confidential Inforr alion: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If nice ss, ry, confidential information of the bidder shall be transmitted separately from the man bid submittal, clearly tnoting in rtd 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.2472-2 ®1 9 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 ti, CRS. 2472-204 3 a Iv ) (Trade secrets, privileged information, an,.9 confidential commercial, financial, geological, or eo h sical 0 p Y data). If Wet C.unty rceives a C:* -RA request for bid information marked "CONFIDENTIAL", staff will review the confidential materiaas to determine whether any f 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 info rmation which is included within the bo,dy of ID REQUEST # 1900089 Page 3 the separately bid and not se aratel identified. Any document which is incorporated as an exhibit into any contract executed byCounty the 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 express or implied, of any of the immunities, rights, benefits, protections or other provisions, .f the a waiver, p p Colorado Governmental Immunity Act §24-10-101 et seq., as applicable now or hereafter amended. 0. Independent Contractor: The successful bidder shall perform its duties hereunder as an indepen dent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agemployees and em to ees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent employee or em to ee thereof shall be deemed to be an agent or employee of eld County. The successful employees bidder and its em to ees 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 su ccessful 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 expressly set forth in the contract. The successful bidder shall have the following p as responsibilities with regard to workers' compensation and unemployment compensation insurance matters: p � g -�unemployment com ensation insurance in the (a) provide and keep in force workers' compensation and compensation amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and E. � without limitation, laws applicable state laws, rules and regulations in effect or hereafter established, including 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 p void. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the G. conditions allrights of acti:•�n relating to such enforcement, enforcement of the terms and conditions of the contract, and shall strictly ll be reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action by an i n whatsoever other person not included in the contract. It is the txpress intention of any 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 b�ir1ri rbe r..jras.n1 wins. LIIC r.AJi I♦eAn . t `�Iara•�e-LiCry A reC 1.11ry 1A1r �r: i��, •rofi,r ni'o.9ll et t.et Ioe, lea Ito LeA Rap Nes®r.�onairt fl.,1� fie° i�dld.8�,1 .rot IrVY 1\s�il 1 111 Ib� 61 Ili �edl1 { bl CiV&, L1 IC `.dAl airi.7 a~i'l�, l �G b1 MIL V V COLA �tdUl ILy s71 IAeI 1 Ibi1, L/C IIGi1.11C bbd lJl i 00tdUl 1 d.dl the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. Disadvantaged = usiness Enterprises: Weld County assures that disadvantaged business I . � enterprise s s will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on grounds the 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 perform necessary to and complete the project. The successful bidder shall further be responsible the timely com letion, and acknowledges that a failure to comply with the standards and requirements for r � • �,P e result in County's decision to withhold outlined in the .�i�., within the time limits prescribed by County may y payment .r to terminate this Agreement. BID REQUEST #B1900089 Page 4 K. Tema he term of this Agreement begins upon the date of the f:xecution of this Agreement by County, and shall continue through aria until successful bidder's completion of the responsibilities descriird in the Bid. A GP -Alert ►mat oro County has the right to terminate this Agreement, with or without cause on thirty (30) dr ys written notice. Furthermore this Agreement may be terminated at any time without note upon a material breach of the terms of the Agreement. M. Extension or Modification: y amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work per'ormed by the successful bidder shall be the basis for additional compensation unless and until th 1 successful bidder has obtained ritten authorizatir• n and acknwledgement by County r such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not Mere is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowDedges that County has enterr d into. Ur is Agreement reliance up,.n the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any sL .contractor agreements for the completion of this Project without County's prior written consent, which meely be withheld in County's sole discretion. County shall have Me right in its reasonable discretion to approve all personne assigned to the subftct Project during The performance of this Agreement and rso personnel to whom County has an obaection, in its reasonable discretion, shall be assigr ed to the P7oject. The successful bid` r shall require each subcontractor, as approved by County and t;•} the extens f the Services to be performed by the subcontractor, to be bourd to the succc ssfu bidder by the terms o this -agreement, ;nd 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 subcontracto7 hired by the-} successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be resuonsible for the acts and omissiors of its agc-?nts, employees and subcontractors. 0 O. ' rrr antyo Tn.e successful bidder warrants that s"rvices performed undrr this Agreement will be performed in a manner consistent with thew standards governing such services and tre provisions of this Agreement. The s iccessful bidder further ra prnsents and warrants that all services shall be pen •armed by qualified personnel in a professional and workmanlike manner, cnsistent with industry standards, and that all services will conform to app icable specifications. in addition to the foregoing warranties, Contractor is aare that all work performed on this Prouect pursuant to this 'agreement is subject to a one-ye:r warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanshp sr performance. The bidder warrants that tie goods to be supplied shall he merchantable, of good quality, and free from defects, whether patent or :atent. he goods sell be sufficient fr the purpose intended and conform to the minimum specifications herei-ho The succ ;ssful bidder shall warrant that hhas title-; 1. the goods supplied and tht the goods are free and clear of all liens, encumbrances, and sr:curity interests. Service Calls in the First Orem Year Period: The successful bidder shall bear all costs for mi6eage, travel time and service trucks used in the servicing (including repairs) of any of the goods to be pupchased by weld County, Colorado, pursuant to this bid for as many service calls as are lecessafor the firs: one (`) year period aftr said goods are first supplied to Weld County. :idder shall submit with their bids are submitted 1< he following information peraining to the equipment upon which the bids Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Mon=Aas0gm c Bt: The successful bidder may not assign or transfer this Agreement or any interest therein or claim trereunder, wiha,u t the prier written approval of County. Any tempts by the successful BID REQUEST #B1900089 Page 5 bidder to assign or transfer its rights hereunder without such prior apprval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereuncrr. Such consent may be granted .r denied at the sole and absolute discretion of County. Q. !nterrupfins: Neither party to this Agreement shall be liable to the other for delays in delivery r fai'ure 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. co VilonnEKclusuve Agreement: This Agreement is nonexclusive and County may engage or use other -actors or persons to pert rm services of the same or similar nature. S. Employee Flnanda0 iln erns !Conflict of Interest — C.R.S. %24i82tt et seq. and 24=50-507. The signatories to this rAgreemtnt agree that to their knowledge, no employee of Weld C unty has any personal or beneficial interst whatsoever in the service or property which is the subject matter of this Agre ment. 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 tern;-. of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actin lily conflicts with or in any way appear to c:•-nflict with the full performance of its obligations under tics Agreement. F c:ilure by the successful bidder to ensure compliance with this provision may result, in Cunty's side discretion, in immediate termination of this Agreement. No emplyee 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. everabai ty: Of any term or conoiton of this Agreement shall be held to be invalid, illegal, or unenforceaolle 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. finding Arbitration Prohoboted: Weld County des not agree to binding arbitration by ary extra- judici 0 body or person. Any provision to the contrary in the contract or inc rp.rated herein by reference shall be null and void. V. aoard © County Commissioners f ld Cunty Approval: This Agreement shall n•Jt be valid until it has been approved by the toard of County Commissioners of Weld County, Colorado or its designee. W. Compea2ocn Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than thf', amount of the accepted bid. The succcessfui bidder acknowie'ges no payment in excess f that amount wiii be made by County unless a "change order" ;uthorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Ta yes: County will not withnold any taxes from monies paid to the successful bidder hereunder and ,he 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 Agreem-nt. Contractor shall not be entVied to bill at overtime and/or double time rats for work done outside of normal business hurs unless specifically authoriz d in writing by County, 6. INSURANCE REQUIRE. ENTS General Requirements: Successful bidders must secure, at or before tie time, of execution of any agreement or commencement of any work, the following insurance covering all operations, gods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all BID REQUEST #B1 900089 Page 6 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/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self - insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. BID REQUEST #B1900089 Page 7 Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on county property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the county at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name county as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub® vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this r :ference. BID REQUEST #B1900089 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: HEALTH SERVICES LOBBY RENOVATION This project consists of a renovation to Health Services Building lobby. The building is located at 1555 N 17th Aye, Greeley, CO 80631 Scone of work: This project will consist of general contractor performing renovations to the space to renovate existing lobby area. In addition to plans and specifications (attached) that detail the scope, work shall include: 1. Remove existing walls, flooring, ceilings, and lighting as necessary to construct new lobby reception area. 2. Construct new walls as shown on drawings. 3. Provide new door, frame and hardware. 4. Provide dust and debris protection enclosures to partition off work area that also lets patients and staff walk around work areas to access other parts of the space during business hours. 5. Provide storefront window frames and glass at new transaction stations. Glass edges to be eased or polished so they are not sharp. 6. Paint walls and door frames as called out on the finish schedule. 7. All carpet and base above carpeted areas to be provided and installed by Weld County. 8. Remove medical grade flooring in exam and lab areas as noted on finish schedule. Replace removed flooring with new Mannington Biospec MD flooring. Only two rooms will be allowed to be done at a time and will need to be done over a weekend so that the patient areas will be in operation the entire week. 9. All work on this project will be completed after hours and on weekends. Site must be cleaned and ready for business Monday through Friday. Normal business hours are 7 AM until 5 PM; Monday through Friday. 1 Oa Adjust fire sprinkler heads as necessary to maintain proper coverage after renovations. Any permit or engineering fees for fire sprinkler or fire alarm modifications shall be paid by GC. 11. Remove concrete floor as necessary to re -locate electrical conduits. Repour concrete to match existing after conduits have been moved. 12. Remove existing electrical in demo'd walls and re -locate all circuits into new walls in similar location as shown. All data and phone boxes will be installed by GC and have conduits with pull strings to above ceiling. Weld County will install cabling and make terminations. 13. The contract is expected to be finalized by June 1, 2019a Based on this date, provide your start and completion dates for the project. 14. The project will be permitted through the Weld County Building Department. Fees for permits will be waived. 15 Davis -Bacon and Buy American requirements are NOT required A mandatory pre -bid conference will be held on Wednesday, April 17, 2019 at 11:00 AM, at the ?jJ-Jjli.anfl!Ith Buildin located : t 1555 N 17'tP1 Ave reele�y� 0631 Bids will be received up to, ut not later than Wednesday lea 1, 2019 at 10.00 AM (WELD COUNTY PURCHASING TIME CLC). TOTAL START DATE COMPLETION DATE S BID REQUEST #B1900089 Page 9 The undersigned, by his or her signature, hereby ckn led es and represe r is that: FIRM 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1900089. 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 sh wn on the accompanying proposal sheets. 4 The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5 Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests ; ;f Weld County. The bid(s) may be awarded to more than one vendor. BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPH NE N PRINTED NAME AND TITLE SIGNATURE E-MAIL FAX TAX ID # DATE **ALL $ i t11 v a i 'DOERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** EL . t, C,. U NTY I EXEMPT FRC I,I L NUMBER 9e� �e�� s�� esa��a YOU ® �� s�� ®�� 8�9e't.t BACK Est PAGES — NU BER IS 98=03551 z07.UUE fi OU DO NOT NEED O SE7ND BACK i GE 8 8, LES TES. THE CERTIFICATE OF EXE 11 ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CLO',... D Barbara Kirkrneyer, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #81900089 Page 10 ADDENDUM#2 BID REQUEST NO. B1900089 HEALTH SERVICES — LOBBY RENOVATION Buildings & Grounds Department Page 9 of specifications under scope of work CURRENTLY READS AS: Scope of works currently consists of items 1 through 15. BID SPECIFICATIONS SHOULD NOW READ: Add following scope items: 16. Contractor will be responsible to remove all items from the exam room floor (eg chairs, exam table, etc), place in pre -designated area on 1st floor of building and reinstall items. 17. Provide new paint on all walls and door frames in rooms to receive BioSpec flooring. This painting will need to be completed during the time that the flooring is taking place. Contractor will be responsible for removing all objects from the walls, patching holes, caulking and replacing all removed items. All painting to be completed after hours or on weekends. 18. Replace flooring in room 131 with new BioSpec flooring. This work shall be completed after hours or on weekends. ***We need signed copy on file. Thank You!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY EMAIL April 25, 2019 EXf1SCIT' `t3 SPECIFICATIONS AND/ORSCOPE OF WORK AND PROPOSED PRICING: HEALTH SERVICES LOBBY RENOVATION This project consists of a renovation to Health Services Building lobby. The building is located at 1555 N 17th Ave, Greeley, CO 80631 Scope of work: This project will consist of general contractor performing renovations to the space to renovate existing lobby area. In addition to plans and scifications (attached) that detail the scope, work shall include: 1. Remove existing walls, flooring, ceilings, and lighting as necessary to construct new lobby reception area. p 2. Construct new walls as shown on drawings. 3. Provide new door, frame and hardware. 4. Provide dust and debris protection enclosures to partition off work area that also lets patients and staff walk around work areas to access other parts of the space during business hours. 5. Provide storefront window frames and glass at new transaction stations. Glass edges to be eased or polished so they are not sharp. 6. Paint walls and door frames as called out on the finish schedule. 7. All carpet and base above carpeted areas to be provided and installed by Weld County. 8. Remove medical grade flooring in exam and lab areas as noted on finish schedule. Replace removed flooring with new Mannington Biospec MD flooring. Only two rooms will be allowed to be done at a time and will need to be done over a weekend so that the patient areas will be in operation the entire week. 9. All work on this project will be completed after hours and on weekends. Site must be cleaned and ready for business Monday through Friday. Normal business hours are 7 AM until 5 PM; Monday through Friday. 10. Adjust fire sprinkler heads as necessary to maintain proper coverage after renovations. paid Any permit or engineering fees for fire sprinkler or fire alarm modifications shall be p d by GC. 11. Remove concrete floor as necessary to re -locate electrical conduits. Repour concrete to match existing after conduits have been moved. 12. Remove existing electrical in demo'd walls and re -locate all circuits into new walls in similar location as shown. All data and phone boxes will be installed by GC and have c.nduits with pull strings to above ceiling. Weld County will install cabling and make terminations. 13. The contract is expected to be finalized by June 1, 2019. Based on this date, provide your start and completion dates for the project. 14. The project will be permitted through the Weld County Building Department. Fees for permits will be waived. 15. Davis -Bacon and Buy American requirements are NOT required A mandatory, pre -bid conference will be held on We.dnesdavt April 17, 2019 at 11:00 AM at the Planning and Health Buildin located at 1555 N 17th Ave Greele CO 80631. Bids will be received up to, but not later than Wednesda Na 1 2019 at 10;00 AM (WELD COUNTY PURCHASING TIME CLOCK). BID REQUEST #B1900089 TOTAL START DATE itlIsq 3 7;41/4 L-IY-2o1y COMPLETION DATE g? ' 3i Page 9 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1900089. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM TOO Corporation BUSINESS ADDRESS 60 • CITY, STATE, ZIP CODE Windsor, CO 80550 TELEPHONE NO 970-460-)588 FAX 970-480-D871 _ TAX ID It 84-f9R4449 PRINTED NAME AND TITLE Ernie Crownover President SIGNATURE 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° YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST: Weld County Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY; Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #81 900089 Page 10 ADDENDUM##2 BID REQUEST NO. 81900089 HEALTH SERVICES -- LOBBY RENOVATION Buildings & Grounds Department Page 9 of specifications under scope of work CURRENTLY READS AS: Scope of works currently consists of items 1 through 15. BID SPECIFICATIONS SHOULD NOW READ: Add following scope items: 16. Contractor will be responsible to remove all items from the exam room floor (eg chairs, exam table, etc), place in pre -designated area on 1st floor of building and reinstall items. 170 Provide new paint on all walls and door frames in rooms to receive BioSpec flooring. This painting will need to be completed during the time that the flooring is taking place. Contractor will be responsible for removing all objects from the walls, patching holes, caulking and replacing all removed items. All painting to be completed after hours or on weekends. 18. Replace flooring in room 131 with new BioSpec flooring. This work shall be completed after hours or on weekends. "'We reed si�tned copy o_assn file. Thank Your Addendum received by: t CC CoRPO R N oi\) FIRM ADDRESS P_S co COea so CITY AND STATE BY R. iNOU e� eac. C t\'• r v c ts cc- cc), Q, c EMAIL April 25, 2019 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 May 3, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Health Services — Lobby Renovations; (Bid #B1900089) As advertised, this bid is to perform a renovation for the Health Nursing lobby. The low bid is from TCC Corporation and meets specifications. Therefore, Buildings & Grounds is recommending award to TCC Corporation for $147,343. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: cmpetersAweldgov.com E-mail: reverettc weldgov.com E-mail: rturf a(�weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: MAY 1, 2019 REQUEST FOR: HEALTH SERVICES - LOBBY RENOVATION DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B1900089 PRESENT DATE: MAY 6, 2019 APPROVAL DATE: MAY 20, 2019 VENDOR TCC CORPORATION 609 Gyrfalcon Ct Unit D Windsor, CO 80550 START DATE COMPLETION DATE TOTAL June 14, 2019 August 31, 2019 $147,343.00 THE DEPARTMENT OF BUILDINGS & GROUNDS IS REVIEWING THE BIDS. 2019-1719 Hello