The URL can be used to link to this page

Browse Search

Home My WebLink About20190640.tiffAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & MARKLEY DESIGNS LLC HUMAN SERVICES BUILDING C DESIGN SERVICES THIS AGREEMENT is made and entered into this VI day of Fesi u .i , 20197 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 Markley Designs LLC. whose address is 1019 3961 Ave, Suite L Greeley, CO 80634, 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 "Proposal Package No. B 1900036. The RFB contains all of the specific requirements of Weld County. Exhibit B consists of Contractor's Response to Weld 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. `Pu, relye6/ 964L- (14. ao 9 —Us4O 3e Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits ABC 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 Terminatin€ 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 anc acknowledgement by County for such additional services. 6. Compensation/Contract Au otnta Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $16,600.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7e Indepe ent ontraetor. 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. Su ntractor°sa 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. 90 nership0 All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County, 10e Conli.dentiAityo 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. Genera uirements. 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 Insuranc The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Wirers' Compe sation 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. Commercial General Liability Insurance with the minimum limits $1,000,000 each occurrence; X2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; s follows: 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 forproperty 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. 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. A44itional. Insure km 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 )1 ubroo do : For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. contras. o.rs: 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. i4 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: Markley Designs LLC Attn.: Mark Markley Address: 1019 39th Ave. Suite L Address: Greeley, CO 80634 E-mail: mark(iP,markleydesigns.co n Telephone: (970) 673-8248 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttavlorscr)co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of. Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this L t day of FE+ ure4 , 201 L9 CONTRACTOR: Markley Designs, LLC. By: Name: MAtt+c, MIRK1 uvf Title: Cif / Mauna' Date Z /ZI/l WELD COUY�' ATTES : c.4.1Z44/11Jele4;ok. BOARD OF COUNTY COMMISSIONERS Weld unty Clerk to t e Board WELD COUNTY, COLORADO BY Deputy ler to th��b�r•�I: "!+` Barbara Kirkme MAR C6 2419 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: JANUARY 15, 2019 BID NUMBER: B1900036 DESCRIPTION: HUMAN SERVICES BUILDING C DESIGN SERVICES MANDATORY PRE -BID CONFERENCE DATE: JANUARY 24, 2019 BID OPENING DATE: FEBRUARY 7, 2019 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County'}, wishes to purchase the following: HUMAN SERVICES BUILDING C DESIGN SERVICES A mandatory pre -bid conference will be held at 1:30 PM, on Thursday1 January 24, 2019, at the Weld County Human Services Building C, located at 315C N. 11th Avenue, Greeley, CO, 80631, to respond to written and oral questions and to provide any needed additional instruction to Architectural, Engineering and General Contracting firms on the submission of bids. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administration Building, 1150 "O" Street, Room #107, Greeley, CO 80631, until 10:00 AM on Thursday, February 7 201 geld County_Purchasina Time Clock). PAGES 1 - 11 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 11 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 11. 2, INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified herein. You can find information concerning this request at two locations: On the Weld County Purchasing website at http://www.co,weld.cocusiDepartments/Purchasincilindexehtml located under "Current Requests". And, on the Bidnet Direct website at www.bid netdirect.conj. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. god Delivery to Weld Cou ty — 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weIdgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107, Greeley, CO 80631. Please call Purchasing at 970-400-4222 or 4223 with any questions. . INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. AD corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Terms,,Qcfin?d: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, Section 101 Qualification of Bidders: Qualification statements, attached with this document, are required to be completed by Bidders. If requested by Weld County, a Statement of Qualifications will be completed for the Subcontractors listed by the Contractor within 72 hours of the request. Failure to submit qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids: Experience and performance records on similar work. Ability to complete the Work within the Contract Time. Familiarization with the work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of ConContract Documents to Prospective Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a requestto the Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, BID NO #B1900036 Page 2 and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Controller/Purchasing Director, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other Than by duly issued Addenda. Pre aration of the Bid: Bidders are required to use the Proposal orms which are included in this p& ckage and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or it'dr:awal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids Jy electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Direr may at her sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld Count y intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids. The County, within ten 00 0) days of receipt of acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the bidder agrees that the signed bid submitt, All of the documents of the Request fr Proposal contained herein (including, but not limited to, product seciflcations ;in! sc •Fpe of services), the successful bidder's response, and the formal acceptance + f the bid by Feld County, together constitutes a contract, with the contract date being the d yte of formal acceptanc f the bkd by Weld County. The County may require a separate contract, which if required, has been nerd ° a part of this RFP. BID NO #B1900036 Page 3 50 PERFORMAN E iL OR MATE I L NI.) PAYMENT BOND The successful Illidder shall be required to execute the Performance Bond and Labor & lVlaterials Payment and in the a count of 100% of :he Contract plus the value of the force ccunt items, covering the faithful performance of the Contract and the payment of all obligations arising- here -under. he 4onds shall be: executftd on the forms included with tie Contract Documents by a surety company autiorized to do business in the State of Colorado and acceptable as surety to Weld County_ 'he Bidder shall deliver the Bonds to the ner not later than the data of execution of the Contract. 6. NLIRECT COSTS Governmental Fees: The cost of all . construction licenses bu ldin9 and other .err its, and governmer^tal . ins ections required by public authorities for erformin the Work, which are applicable at the time aids Lire opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of al royalties and license fees on equipmer:t ant materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless •therwise specified, the Bidder shall include in his Bid the cost of all electrica gas, telephone, and similar facilities and services required by him in performing the Work Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead cos profits on -account of cash allowances named in the Bid Documents_ 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by c r , water, sanita FYI s and reful examination, satisfy himself of the foiling: Nature and location of the site where the Work is to be performed. Character, quality, and encountered. q uantity of surface and subsurface Character of construction equipment and facilities needed General local conditions. Availability •f lands as set forth in the General Conditions. r n aterials, water, structures and utilities to be perf rmance of the Work Access to the The Bidder shall carefully r:=view she Drawings and the Project Special Conditions tsr provisins concerning access to thin site during performance of the Work. The Bidder shall cierefuliy review the locations of the site wt'ere the work is to be pei ormed. T he Udder shall make all a angements, as deemed necessary, f r access t property outside of C unty ' fight of Way, prior to b :ginning tie wk srk. S e SUCCESSFUL BEIDDE'R H I NG PCTI ES DILLEGAL,ALE S Successful bidder certifies, warrants, and agrees hat ft dos not knowingly emply or contract with an illegal alien who will perform work under this contract. Successful adder will confirm the employment eligibility of all emp8oyees who are n ewiy Eared for employment in the United States to perform work under this Agr event, tr rough participation in the ENVerify program or the State of Colorado program established pursuant tC.R.S. §817.5=1 02(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perisrm work under this Agreement r enter into a contract with a subcontrctor that fails to certif- with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to per form work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this greemert is being perfor" ed. if Successful bidder obtains actual knowledge that a subcontractor performing \, cork under the public contract BID NO #B1900036 r,. .1141... uy..,, . 11/1111/ .. SSYSY Page 4 BID NO #B1900036 for services knowingly employs or contracts with an illegal alien Successful bidder tall notify the subcontractor and Cunty within three (3) days that Successful bidder has actual knowledge that a subcontractor is emplying r contracting with an illegal alien and shall terminate the subc.ntract if a subcontractor toes not stp employing or contracting with the illegal alien within three (3) days f receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information t. establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8i 7.5-102(5), by the Colorado Department of Labor and Empl yment. It Successful bidder participates in the State of Colorado program, Successful bidder shall, within fwerty cays after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined she wait status of such employ ,e, retained file copies of the documents, and not altered or falsified the identification documents for such emplores. Successful bidder shall dE liver to County, a written notarized affirmation hat it has examined the legal work status of such ernplre, and shall comply with all of tie other requirements of the State of Colorado grogram. If Successful bidder fails to comply with any requirement of this provision or of C.Q.S. 8-i 7.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Success uO biddr4.r shall be liable for actual and consequential damages. Exctpt where exempted by federal law and except as provided in C. ,.S. § 24-76.5-103(3), if Successful bidder r: 'ceives federal r state funds under the contract, Successful bidder must confirm that any individual natural p nsin 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 tha-: contract. If Successful bidder operates as a sole proprktor, it hereby swmars •r affirms under penalty : f perjury that it: (a) is a citizen of tie Unitec States or is otherwise lawfully present in the United St 4tts aursuant to fedrai law, (b) shall produce one of the forms of identificati*n required by C.R.S. § 24-76.5-1E, et seq., and Cc) shall produce one of th rms of identification required by C.R.S. § 24-76.5-103 prior to the effective date f the contract. 9. GENERAL PR + V MONS LI A. Fund Av ability: Financial obligations of the Weld County pay° le after tie current fiscal year are contingent upon funds fr that purpose being ap;.r,priated, budgeted and i therwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the c ntract bey nd the current fiscal rar. Trade Secrets and other C nfideiThal lrRf nil ton: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shat, be transmitted separately from the mrain bid submittal, dearly denoting in red on the information at the halo the word, S6CONFIDENTIAL." However, the successful bidder is advised that as a pudic entity, weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado pen Records Act (CG A), with regard to public records, and cannot guarantee the confidenuiality of I documents. he bidder is responsible for ensuring that aiB information contained within the confidential p_rion of the sjbmitht is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(lV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld C.Junty receives a C•RA request fr :sic information marked "CONFIDENTlAL79, staff will review the confidential materials to determine whether any of them may br-t withheld from disclosure pursuant to CORA, and -isclose those pr ions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confitential information which is included within the body of the bid and not separately identified. Any cocument which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term r condition of the contract shall be construE=d or interpreted as a waiver, expr-ss or implied, of any of the immurrties, rights, bin pits, protections .r other provisr.,ns, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Cc*ntract r: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents lor SP IRO MSS INIMINSISIS Page 5 and employees fr all acts performed pursuant to the contract. Neither the successful bidder nor any agent or eYrmi®yre thereof shall be deemed to be an agent r emp8..yee of Weld County. The successful biddernd its e p_oyees and agents are not entitled to unemployment insurance r workers' compensation benefits through Weld C*unr.y and Weld County shall not pay for or otherr ise provode such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful budder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes anc local head taxes (if applicable) incurred pursuant t the cntract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the follwing responsibilities with regard to workers' compensation and unemployment compensation insurance ma _ t rs: (a) provide and keep in force workers' compensation and unemployment com sensation insurance in the amounts required by law, and (b) provide prof thereof when requested to co so by Weld County. E. compliance with Law: The successful bidder shall strictly coply with 281 applicable federal and laws, rules and regulations in effect or hereafter established, including without limitation, laws ypplic discrimination and unfair employment practices. State ble t S F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be appled in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rul�ts and/or regulations shall be null and void. G. No Thirdearty er efici ry Enf rcement: It is expressly understood and agreed that the enforce _ rent of Lhr- terms and conditions of the contact, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned pasties and nothing in the contract shall give or all any claim or right of ac n wh tsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. t H. t tt rney's Feet/Leg I Costs: In the event of a dispute between Weld County and t e successful bidder, concerning the contract, the parties agree that Weld County shah not be ble to or r tsponsible for the payment of attorney fees and/or legal costs incurred by or on behalf f the successful bidder. B. vk�ilD b onth Dindvantaged usi ess Enterprises: Weld County assures that disadvantaged business enterprises afforded full opprtunity to submit bids in response to all invitations and will not be discriminated against grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and PE rnuance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall faithfully perform the work in accordance with the standards f professional care, skill, training, diligence and judgment provided by highly competent contractors pefforming construction services of a similar nature to those dascrioed in this Agreement. The successful bidder shall further be responsible for she timely completion, and acknwledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County ,-,, ;ay result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of The responsibilities describ din the id. t_• r L. Termirationo County has the right to terminate this Agreement, with sr without cause on thirty (30) days written noticr-,. Furthermore, this Agreement may be terminated at any time without noticupon a material breach of the terms of the Agreement. M. Extens0io n or odoficati n: Any amendments or modifications to this agreement shall be in writing signed by both p- rties. No additional services or work performed by the successful bidder shall be the basis BID NO #B1900036 Page 6 for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgemenA by County fr such additional services. Accordingly; n..; claim hat the C•,unty has been unjustly enriched by any additional services, wheth,xr or not there is in fact any such unjust enrichnnent, small be the basis of any increase in the cornpensation payable hereunder. in the event that written authorization and acknw edgment by the County for such additional services is rot timely executed and issued in strict accordance with this Agreement, The successful bidder's rights with respect to such additional services shall De deemed waived and such failure shall result in non-payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon tie particular reputation and expertise of the successful biter. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project with Lt County's prior written consent, which may be withheld in County's sole disCNtion. County shad have the eight in its reasonable discretii n to approve all personnel assigned to the subject Project during the pelormance f this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidoer shall require each subcontract ,r, as approved by County and to the extent the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the ob igations and responsibilities w[aich the successful bidder, by t, is Agr ernent, assumes tow.,:rd County. County shall have the right (but not the rbligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cot•,perate in such process. The successful bidder shad oe responsible for the acts and omissions of its agents, empl•res and subcontractors. O. W rrantyo Contractor warens that c• nstruction services performed under this Agrees gent will be performed in a manner consistent ith the professional construction standards governing such services and the provisi is of this Agreement. Contractor further represents and warrants that all constructior services shall be performed by qualified personnel H a professional and workmanlike (tanner, consistent with industry standards, and that all construction services will conform to ti-�pplicble specifications. On acdition to the foregoing warranties, Contractor is aare 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 caLsed by contractor's workmanship or performance. —his warranty shall commence on the date of County's final inspection and acceptance of the Project. P. Nori=Assignment. The successful bidder may not assign .r transfer this Agreement or any interest therein or claim thereunder, without the prior written approval County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the succe1ssfuO bidder hereunder. Such consent may be grand or denied at the sole and absolute iiscretior of County. C. lneermptoaas, Neither party to this Agreement s s-)lO be liable to the other for delays in delivery or failure to deliver or otherwise to pen'orrn any obligation under this Agreement, where such failure is due to any cause bey- nd its reasonable control, including but not limited to Acts of God, fires, strikes, war, fl ,od, earthquakes or Governmental actions. R. Non -Exclusive A reument 'Ns Agreement is nonexclusive and C contractors or persons to perform services of the same .r similar nature. unty may engage or us other S. Fmp ©Tee Fonarc iaaD Onter es Conflict f Intent e C.R.S. §§24-18-201 et seq. anti §24-50-507. The signatories to this Agreement agree that to their know edge, 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 sell not acquire any interest direct or indirect, that would in any manner or aegrree 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 othis Agree tent, the successful bider shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts ith or in any way appear to conflict with the full erformance of its obligations under this Agreement. Failure by the successful bidder to ensure complince with this provision may result, in County's sal discreti.n, in immediate BID NO ##B1900036 Weile Page 7 BID NO #B1900036 termination of this Agreement. No employee f the successful bidder nor any member of the successful bidder's family shall serve on a Ginty Board, committee or hold any such sition which either by rule, practice or action nsmanat sq recommends, supervises the successful bidder's perations, or authorizes funding to the successful bioder. �. evera ill y. tri any term unenforceab e by a court of coupe such provision, to theent that oarties. his �condition of this Agreement snail e held to be invalid, iliegal, or tent iurisdictioni this Agreement shall be construed and Wort d without Agreement is then capable•f execution within t e original intent of th. U. compliance with DaWs-Bacon Vila e roquired by the Scope of Work, the work shall V. Board of County Commisao it has been approved by the Beard of Rats The successful bidder understands and agrees that, if e in compliance with the Davis -Bacon Wage Rates. nem of We j C *unty Approva ounty Commissioners. This Agreement sha no be valid until 1N. Compensation Amount. Upon the successful bidder's successful completi•Drr of the construction of the Project, and County's acceptance of the same, Coun:y agrees to pay ar amount no greater than the amount of the accepted bid. e successful bidder acknowledges no payment in excess of that aunt will be made by County un ess a "change order" au:horizing such addiion al payment nas bete specifically approved by the Director oi weld County Public Works, •;r by formal resolution of tile: weld County Board of C unty Commissioners, as required pursuant to the weld County Coda County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bower arees to be solely res ons b for the accurate reporting and payment of any taxes related to payments made pursuant to tree trms of this Agreement 10. NWR c R Q EW/EV{TS General R qu Cements: Successful idders/Contract Profess onaIs must secure, at or before the irne of execution of any agreement or commencement of any work, the following insurance ct•;vering all oper tiors, goods or services provided pursuant to this request. Successfu bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any w2rrant rranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado ar d rated by AN. Rest Company as "A,9 gill or better Each policy shall contain a valid provision or endorsement stating "Should any of the a,00ve-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 Cntroller/Purchasing Direct.r by certified mail, r turn receipt requested. Such written notice shall be sent tiir-ty (30) days prior to such cancellatoo or reduction unless due to non-payment of Dry miur ns fr wnicn notice shall be sent ten (10) days priori If any policy is in excess of a deductible or self -insured retell"pion, CoLnty must notified by the Successful bidder/Contract Prl.fes&aonal. Successful oioder/Contract Profess' nal shall be responsible for the payment of any deductible or self -insured retention. Successful bidder/Contract Pt ofessoonal to provide a bond, a: no cost to County in ill!, a'nouns of the deductible or self -insured reteition to guarantee payment of claims. county reserves the right trequire �lhe insLrance coverages specified in this Agreement are the minimum requirements, and the se requirements co not decrease or limit the liability of Successful bidder/Contract !rofess snal. The County in no way warrants that tie minimum limits contained herein are sufficient to protect the Successful bidder from llabilitits 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 border 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 hi sufficient amoLn s, cu ati n, or types. The successful bidder/Contract Professiona shall maintain, at its own expense, any additional binds or amounts of assurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made ir, writing by Weld County. Page 8 The successful bidder aulates 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 construc4ion services provided, the: timely delivery of said services, and the coordination of all services rendered by the successful bider and shall, witiout additional compensation, promptly remedy and correct any errors, omissions, or other deficiencirs. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss da -age, liability, suits, actions, or claims of any type or character arising out of the work done in fulfilment 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 bidd; ir to conform to any statutes, ordinances, regulation, law or court •ecree. The successful bidder shall be fully responsible and liable for any and all injuries or damar received or sustained by any person, persons, or property on account oits performing" under this Agrernent or its failure to comply with the provisions of the Agreement, or on account of or h consequence crn; neg ect of 'he successful bidder in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or arnourts arising or recovered under the Worker's Compensation Act, nor other law, ordinance, order, •;r decree. --his paragraph shall survive expiration or termination here.f. It is agreed that the successful bidder will be responsible for primary loss investigation, defense aid udgneni: costs wiere this contract of indemnity applies. ln consideration o 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, aid volunteers for losses arising from the work peror med by the successful bidder for tie County. A failure to comply with this pr.vision shall result in C*unty's right to immediately terminate this Alf reement. Lypes of Insurance: he successful bid der/Cortact Professional shall obtain, and maintai the term of any Agreement, insurance in tie following binds and amounts: at all times during Warners' Co pensation [insurance as required by state s:atute, and Employer's Liability Insurance covrring all of the successful bidder's Contract Professional's employees acting within the curse and scope of th&r employment. 'olicy shall cation a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontract r is exempt under Colorado Workers' Compensation Act, AND when such successful bidder or subcontractor executes the appropriate sole proprietor iaiver form. Minim win Limits: Coverage L4, (Workers' Compensation) Coverage B (Employers Liability) Statutory 500,000 500,000 50O,000 Commercial General liability insurance wri en on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapsc4r and underground hazard, personal advertising injury, fire damage, independent Contractors, products and corn dated oper;.tins, blanket contractual liability, personal inju , liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, OS CG 2503 or equivalent additional insured — owners, lessees or successful bi ders endorsement, IS Form 2010 or equivalent, additional insured owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shGill be endorsed to include the following additional insured language on the additinal insurd endorsements specified above: "Weld County, its subsidiary, oarent, associated and/or affiliated entities, successors, or assigns, its elected fficials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out f the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1,100,000 each occurrence; $2,000,000 general a •gig_ regate; BID NO #B1900036 Page 9 $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payments one person Automobile Liability: Successful bidder/Contract Professional shall maintain limits of $1,00* 00 for bodily inju 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, hind, and non -owned vehicles used in the performance of this Contract. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date whrn any goods or services were provided to County, whichever is earlier. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing gods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder/Contract Professional. Successful bidder/Contract Professional shall include all such subcontractors, independent contractors, sub - vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the foil wing cverage Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the successful bidder as part of the Contract. Successful Eldders Pollution Lability: Weld County requires this coverage whenever work at issue under this Contract involvits potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise Prim the operations of the successful bidder described in the Successful bidder's scope of services. Po icy shall cover the successful bidder's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gas s, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If BID NO #B1900036 Page 10 the coverage is written on a claims -made basis, the successful bidder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: 'Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations", Minimum Limits: Per Loss 1,000,000 Aggregate $ 1,000,000 The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID NO #B1900036 Page 11 Weld County Government Human Services Building C Design Services Bid Weld County Government is soliciting proposals for architect I engineer for the design of Human Services Building C renovations. The location of the project is 315C North 11th Avenue, Greeley, CO 80631. The purpose of this solicitation for bid is to obtain statements of qualifications and to solicit fee proposals from firms who wish to provide the services requested in this Bid. The County desires to retain an architectural firm to perform design and construction administration services for all phases of the work consisting, without limitation, the following work: Design Services re Construction Administration Services PRELIMINARY SCHEDULE Date of this Bid Bid Posted to Websites Pre -Bid Conference Bids Are Due Contract Award Notice Pre -Construction Services Final Construction Drawings Due Bid for Construction Phase January 15, 2019 January 15, 2019 January 24, 2019 February 7, 2019 February 25, 2019 March 1, 2019 May 1, 2019 June 1, 2019 The Board of Weld County Commissioners reserves the right to reject any or all bids, to waive any informality in bids, and to accept the bid that, in the opinion of the Board, is in the best interests of the Board and of the County of Weld, State of Colorado. GENERAL DESCRIPTION OF CONSTRUCTION PARAMETERS 1. Construct new offices, conference rooms and corridors throughout building. Total construction area will be approximately 4,000 square feet in and existing building that is approximately 41,000 square feet. 2. Renovation of lobby to reduce vestibule size and remove screen wall to enlarge lobby area. 3. Paint walls, doors, frames hard ceilings and railings throughout building. 4. Develop phasing plan for coordinated removal and replacement of all office furniture and carpeting throughout building. All furniture and carpeting to be by owner, GC will coordinate electrical connections and existing carpet removal. 5. Selective demolition. 6. Wall construction. 7. Interior doors and windows. 8. Ceiling modifications. 9. HVAC modifications. 10 Electrical and lighting modifications. SCOPE OF SERVICES The intent of this section is to highlight in general terms the nature and scope of the work to be performed. 1. DESIGN SERVICES: a. Provide a full construction set of drawings for the project. b. Prepare submittals to governing agencies for approval. c. Prepare building permit submittal and assist in obtaining the permits. Make Building Inspection Department requested revisions. d. Provide an estimate of "reimbursables" that would be required for this project. BID NO #B1900036 Page 12 e. Provide hourly rates for "additional services." f. Provide a design schedule. g. Include all costs for architectural design services, mechanical engineering, electrical engineering, and all other "consultant" fees in the proposal. The Design Team must have demonstrated the ability to perform a project of this scope. 2. CONSTRUCTION PHASE: The Design Team will manage administrative portions of the project during the construction phase. These are to include: a. Monitor submittal process and review submittals for approval. b. Attend weekly construction meetings. Estimated construction duration is four months c. Respond to RFI's that are generated during the construction process. d. Change Order management. e. Review and approval of monthly pay application. f. Monitor close out documentation and as-builts. PROPOSAL DOCUMENTS Please submit an original AND one (1) copy of your proposal signed by a person authorized to bind the party. Submit electronic version of proposal. The proposals shall be organized as outlined below: A. Firm(s) Information: 1. Identify which office (Contact Office) will be responsible for the project. 2. Provide a staffing chart showing proposed organization for this project. 3. Provide a list of proposed firms to be used in design services for the following: Architectural, HVAC, Electrical, Mechanical and Plumbing. 4. Provide resumes of personnel who will be involved on the project. Weld County reserves the right to interview designated project personnel. 5. No changes in the approved project personnel will be granted unless agreed to by Weld County. 6. Provide any and all information regarding any lawsuits pending or threatened against, you, your firm or any of the principals or joint ventures. B. Firm's Experience: 1. Provide a brief summary of like work your firm has undertaken. Note: Do not use prior projects conducted for Weld County government. 2. List the owner, type of project, address and contact name for references and telephone numbers. 3. Indicate whether your contract was a prime or involved a joint venture with another firm and whether construction administration other services were involved. C. Current Workload: Provide a list of current project commitments by your proposed team and proposed individuals, including the status of such projects. Identify the owner's representative, address and phone number for each project. D. EVA,LATION, CRITERIA The following criteria will be used to evaluate the response to this Bid: 1. Prior experience of firm and key staff on a similar project. 2. Quality and experience of people assigned to the project. 3. Current workload, organizational depth and ability to deliver the project within the project's timeframe_ BID NO #B1900036 Page 13 4. Demonstrated ability to design a project such as this to meet cost, schedule and quality goals. 5. Completeness of the response to this Bid. 6. Fee proposals. Each response must include all information and documents required by this Bid. Failure to furnish all required information and documents may result in the rejection of the proposal. E. Fee Proposal: The County anticipates entering into a lump sum contract for these design services. Additional phases of work may be amended to the contract. 1. Identify the Fee your firm proposes to provide Design services described in this Bid. 2. Provide a separate cost for the construction administration portion of this project and how you intend to charge for these services. 3. Provide a list of salary/wage rates for personnel proposed for this project. Indicate the base wage or salary and applied Direct Personnel Expense to formulate a total hourly billing rate and monthly billing rate for each individual proposed for involvement in either the pre -construction phase or construction phase of the project. Complete the fee proposal below for your bid. if you have additional fees, provide attachments detailing those fees. FEE PROPOSAL A, Bidder Assumptions Design duration Fee Proposal Lump Sum Design Services Construction administration services 3. Other costs (Please identify these below or attach with proposal) Estimated # of Weeks TOTAL NOTE: Winning contractor will be expected to enter into a standard AIA contract for this design project. A mandator t,obid tkoonference will be held on lanai 24 2019 at 1:30 PM at the Weld County Human Services Building C3 315C N. 11th Avenue, Greeley, CO 80631. Meet in the main lobby. Bids Will be received up to, but not later than Februa 2019 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). BID NO #B1900036 Page 14 The . nder igned9 by his or her signaturew hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #61900036. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of county commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID SIGNATURE E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM OLO D' ' SALES TAXES. THE CE':TIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. DO NOT NEED TO SEND PAGES 1 BID NO #B19©0036 Page 15 MARKL-1 OP ID: RG A CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 02/05/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Front Range insurance Group 2002 Caribou Drive, Ste. 101 Fort Collins, CO 80525 David A. Wooldridge LUTCFAAI INSURED Markley Designs Mark Markley 1019 39th Ave. - Suite L Greeley, CO 80634 Phone: 970-223-1804 Fax: COVERAGES CERTIFICATE NUMBER: CTACT NAME: -PHONE -.- - FAit- A1Ct 1;TVTAIL }. ADO ES . INSURER(S) AFFORDING COVERAGE INSURER A : Beazley Insurance Company, Inc n INSURER B : RLI Insurance Company NAIC INSURER,C . INSURER D : INSURER E INSURER F : REVISION NUMBER: THIS INDICATED CERTIFICATE EXCLUSIONS . IS TO CERTIFY THAT THE POLICIES OF INSURANCE NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY PERTAIN, THE AND CONDITIONS OF SUCH POLICIES, LIMITS ._ _ -Ali TERM _ INSURANCE .. LISTED BELOW OR CONDITION SHOWN MAY AFFORDED HAVE OF HAVE BEEN BEEN ANY BY THE REDUCED ISSUED CONTRACT POLICIES TO THE INSURED OR OTHER DOCUMENT DESCRIBED HEREIN BY PAID CLAIMS, NAMED ABOVE IS FOR THE POLICY PERIOD WITH RESPECT TO WHICH THIS SUBJECT TO ALL THE TERMS, SR MN. a LIR TYPE OF INSURANCE JNSR SUM MID ., .. POLICY NUMBER f� .1CY EF`E L(MM D1YY Y) P0LI EXIT' r i MMtOP/V7T LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 *` B t COMMERCIAL GENERAL LIABILITY PSB0005937 01/04/2019 01/04/2020'DAMA�T� PRIAIt11,iaES (E8 $ 13000,00 1. CLAIMS -MADE X OCCUR Q MED EXP (Any one person) - $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 �. O -/^'" w....w..+..w.. . ...... a .. ...... e GENERAL AGGREGATE $ 2,000,00 ' GEN'L N AGGREGATE LIMIT APPLIES PER: vauav f ... AI •_ PRODUCTS - COMP/OP AGG WN4w:�oMnM.MMM'.NANgWraaV : $ 2,000,00 WYM,o.✓.:n -. . X I POLICY{ I it: f ILOC a ' .1MKM$6f.LyA1gM1 $ AUTOMOBILE LIABILITY (Ea OOMIINECS SiNCL,E LIME accident) 1,000,00 B I 1 ANY AUTO PSB0005937 ' 01/04/2019 01/04/2020 , BODILY INJURY (Per person) $ �� ALL OWNED AUTOS ' _ SCHEDULED AUTOS i i BODILY INJURY (Per accident) $ X HIRED AUTOS v an NON -OWNED AUTOS I PROPERTY DAMAGE (Per accident) r r- UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAR I i CLAIMS -MADE • AGGREGATE $ f DED r IRETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- T• -Y LIMITS 0TH - E' . Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE L N IA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory E.L DISEASE - EA EMPLOYEE $ describe under If DESCRIPTION OF OPERATIONS below E,L. DISEASE - POLICY LIMIT $ A Professional Liab RDP0029970 AYY4BlO'M M . 08/18/2018 i 08/18/2019 EachClaim 1,000,001 Aggregate 1,000,000: DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) CERTIFICATE HOLDER CANCELLATION Markley Designs 1019 39th Ave, Ste L Greeley, CO 80634 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) O 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EPA'sTMET 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 February 19, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Human Services Building C Design Recommendation; Bid (B1900036) As advertised, this bid is to provide design services for the Human Services C Building remodel. The low bid is from Markley Designs LLC and meets specifications. Therefore, Buildings and Grounds is recommending Markley Designs LLC for $16,600. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director /26 Goo s9 -0u4U eyo Firm Design Duration Design Services Fee Construciton Other Total Administration Fee Markley Designs Powers Brown Architecture Crumpton & Associates 8 Weeks 8 Weeks 8 Weeks RMG - Architects/Engineers 2 Weeks Cairn Design Studio Completiva 9 Weeks 8 weeks 16,600 15,300 16,330 11,900 16,860 38,050 Included 2,300 3,600 N/A 1,200 Add $375 per consultant meeting and $.55 per mile 16,600 18,800 19,930 8,800 Plus Reimburseables in 20,700 listing 6,600 9,850 1,500 Plus Reimburseables in listing 24,960 47,900 WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: rturf(a)weldgov.com E -Mail: reverett(a�weldgov.com E-mail: cmpeters(a�weldgov.com Phone: (970) 400-4216, 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: FEBRUARY 7, 2019 REQUEST FOR: HUMAN SERVICES BUILDING C DESIGN SERVICES DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B1900036 PRESENT DATE: FEBRUARY 11, 2019 APPROVAL DATE: FEBRUARY 25, 2019 VENDOR CAIRN DESIGN, LLC 1805 SHEELY DR FT COLLINS, CO 80526 CRUMPTON & ASSOCIATES ARCHITECTS 12897 JACKSON CIRCLE THORNTON, CO 80241 GEOSTRUCT ENGINEERS, INC DBA RMG-ARCHITECTS/ENGINEERS 2910 AUSTIN BLUFFS PKWY COLORADO SPRINGS, CO 80918 MARKLEY DESIGNS, LLC 1019 39TH AVE, STE L GREELEY, CO 80634 POWERS BROWN ARCHITECTURE 1580 LINCOLN ST, STE 400 DENVER, CO 80203 STUDIO COMPLETIVA 3275 W 14TH AVE, STE 201 DENVER, CO 80204 The Department of Buildings and Grounds will review the bids. 2019-0640 WcI Hello