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Home My WebLink About20191022.tiffe.nt,t,-, TO iAa-t AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & ACC ROOFING INC. PLANNING & HEALTH BUILDING, 1555 N.17t" AVE. ROOF REPLACEMENT THIS AGREEMENT is made and entered into this,? (0 day of /11,,,,t. , 201q, 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 ACC Roofing, Inc. Whose address is 1713 East Lincoln Ave. B-3 Fort Collins, CO 80524 hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS. Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: I. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional'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. B1900059. The RFB contains all of the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Bid. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional 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 Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional 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 by County, and shall continue through and until Contract Professional's completion of the responsibilities described in tea/ I- /oaf 6irbO 1 Exhibits A and 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 Contract Professional 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 by either party at an time with notice upon a p � Y 1 material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited tot (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; and, Contract Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed under � 1' 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. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contract Professional 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 p for compensation for work satisfactorily performed and/or materials described herein Y pro err delivered. properly 5. Extension or Modification. Any amendments or modifications to this agreement shall be in signed writing by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and. until Contract Professional has obtained written authorization and acknowledgement County for such additional services. Accordingly, .• g by Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County require changes chan res in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated betweenthe parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental 1ei11 n Agreement • g 1 p e tal Agreement shall be deemed in the compensation and time provisions of this Agreement 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, 1" and County's acceptance of the same, County agrees to pay an amount no greater than $175,000.00 which is the bid. Contract Professional 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 b ; the Director of Weld pp y County Buildings & Grounds, or by formal resolution of the Weld County Board of County Commissioners, as required Pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid. Contactor acknowledges that any work it perfbrms beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not performas set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by p County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional 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 Contract Professional in respect of any period p 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 ((I.R.S. 29-1-101 et. seq.} and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers, agents or employees will not become employees of Count , Y nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, 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 Contract Professional or any � ' ' agents � g a y c. f its or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as g g� p expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project County's ro ect without Count "' prior written p consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services . to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional �' ) the obligations Professional, . Pi. t. fessi�. nal all and responsibilities which Contract Pi ofessional, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition., all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional 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. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional 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. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature 1 Y of this confidential information and of the restrictions imposed by this agreement. 11. Standard of Care. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents 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. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall anyaction by County hereunder constitute or be construed waiver , � . of � � to be a u aiv er by County any breach of this Agreement or default which may then exist on the pail of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the 1 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. Weld County and the State must be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Contract Professionals must t 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. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension � thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"v1ll or better. Should any of the above- describedpolicies by canceled coverage before � or should any coy er age be reduced the expiration date thereof, the Contract Professional shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent within thirty (30) days upon receipt of such cancellation from. . l carrier 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 Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional 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 Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional 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 Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall indemnify and hold harmless County, its officers, and employees, from and against injury, loss damage, or liability of Contract Professional arising out of the work done in fulfillment of the terms of this Contract, to the extent caused by a negligent act, error, or omission, or on account of any claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for 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 Contract Professional in its methods or procedures, or in its provisions of the materials required herein, or from any cl aims 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. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall 1 result in County's right to immediately terminate this Agreement. Types of Insurance: The 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 Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $2,000,000 general aggregate; $?,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: 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. 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, p covering all operations hereunder set forthin the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the 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, Contract Professionals insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professionals insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, 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 Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall, at the option ofCounty, automatically terminate this Agreement and all rights of Contract Professional 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 any duly authorized representative of Court the Auditor, right 1 y, including County shall have access to and the 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 . py 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, Director of Weld County Department of Buildings & Grounds, or his designee. 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: Contract Professional: ACC Roofing Inc. Attn.: Jonah Lovendahl, President Address: 1713 East Lincoln Ave. B-3 Address: Fort Collins, CO 80524 E-mail: j onahroofsbyacc. corn Telephone: (970) 493-2801 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylorgco.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contract Professional shall 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 Contract Professionals or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated 1 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 -i8 -2O1 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County 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 Contract Professionals services and Contract Professional shall not employ any person � YI having such known interests. During the terns of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result. in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professionals operations, or authorizes funding to Contract Professional. p 23, Severability. If any termor 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 l 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-iO-iO1 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 an entity other than the undersigned - parties receiving r services � , - - incidental g ed parties r eceiving 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 �l 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, Contract Professional 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. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with illegal . , g g y contract an alien who will per for m work under this contract. Contract Professional 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). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E -Verify Program or State of Colorado programprocedures to undertake pre- employment p employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal Contract Professional notify subcontractor . g�Y illegal alien shall notify the and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract Professional 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 Contract Professional participates in the State of Colorado program, 1 g Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee, retained file copies of the 1 documents, and not altered or falsified the identification documents for such employees. Contract Professional 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 ro gram. If Contract program. Professional fails to comply with any requirement of this provision or of C.R.S. §8-1 7.5-1 01 et seq., County. Count . may terminate this Agreement for breach, and if so terminated, Contract Professional 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 Contract Professional receives federal or state funds under the contract, Contract Professional 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 Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury ' • ( r ) i s 1 Y1 �lui Y 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. 29. Compliance with Davis -Bacon Wage Rates. Contract Professional understands and agrees -�rees that, if required uired q. the work shall be in compliance with the Davis- Bacon Wage Rates. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal g costs incurred by or on its own behalf 31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body orperson. Any provision to the contrary Agreement incorporated herein Y . extra -judicial in this Agr eement or incor poi ated by reference ence shall be null and void. 32. Acknowledgment. County and Contract Professional 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 -' exclusive g 1_ lete and exclusiv e statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the relating to the subject matter of this Agreement. parties � IN WITNESS WHEREOF, the parties hereto have signed this Agreement this o? 6 day of , ?0ler. CONTRACT PROFESSIONAL: ACC Roofing Inc. By: Name: Title: n� 5-G v�c_� Loud. 9,1„i 1'fts;d .-A Date / 9 WELD COT�Yt: ((�� r� ATTEST- .tQ� G 0;&k. BOARD OF COUNTY COMMISSIONERS Weld . u ty1 lerk the :.. W D COUNTY, COL I RADO BY: eputy Cler Ito the Bo Barbara Kirkmeyer, hair APR 15 2.019 O r,/ ?-/402-vZ Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: FEBRUARY 4, 2012 BID NU BER: #B1900059 DESCRPTDON: PLANNING & :HEALTH ! EPARTMENT BUILDING m ROOF REPLACEMENT DEPARTMEI` BUDLDINGS & GROUNDS BID OPENING D TE: LARCH 69 20#[ 9 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: PLANNING & HEALTH DEP RT ENT BUILDING e ROOF REPLACEMENT A mandatory pre -bid conferenct will be held on Wednesday, February 20, 2 19 at 11:00 AIM at the Weld County Planning & Health Department Building located at 1555 N 17th Avenue, Greeley, Colorado 80631. Meet at the front entrance. 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: Wednesday. March 6, 2019 at 10:00 AM (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 10 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://www.weldgov.com/departments/purchasing located under "Current Requests". And, on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weild Count ,- 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids ( w e I d g o v. c o m. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard cc• pies 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 80031. Tease c ► II Purchasing at 970400-4222 or 4223 if c n have any uesUons 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION ids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to c,r.mply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the idder. t 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/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the meld County Controller/Purchasing Director/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any booKs, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. in submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4o SUCCESSFU IDDER HIRING PRACTICES ® ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under t.nis contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -verify program or the State of Colorado program established pursuant to C.R.S. BID REQUEST #B1900059 Page 2 §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work unoer this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful birder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24- 76.5-103(4), if such individual applies for public benefits provided under the contract. if Successful bidder operates as a sole proprietor, it hereby swears or affirms under oenalfiy 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. 5o GE S A. Funvailability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and ther Confid - ntia0 intoration: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. Tyr BID REQUEST #B1900059 Page 3 C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. BID REQUEST #B1900059 Page 4 M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. 0. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. u :i., a.., — _ ict-LS:t • —43 Ccot „t "T'4' .l�n�+i' r=. ._7r'Q-��'—i'_.Rri+'5:?:•!4 os_4M '3 "�tL•z_ . . _?rs;4 fR*+'?4 '�► - BID REQUEST #B1900059 Page 5 R. NoncExcOSS ve Ag reersr ant: This Agreement is nonexclusive and County may engage or use oth contractors or persons to perform services of the same or similar nature. S. Emplloyes F handaO hriterest// oMf ct of Merest o COL _ LSO §§24-18O20/ et sego and §24-50=507. he signatries to this Agrrment agree tfiat to their knowledge, no employee of We d County has any persona or beneficial intertst whatsoever in the service or property which is tho 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 Agrement, the successful bidder shal no, engage in any business or persona activities or practices sr maintain aiy relationships which actually conflicts with of- in any way appear to conf ict 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 memo- 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. Severab0Doty 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 pr vision, to the extent that this Agreement is then capable of executon within the original intent of the parties. U. - jondo:ng J rbitratoon Proh botedo Weld County does not agree to 'binding rbit-ation 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. CoinmSsaoner s of Wcid County Approval]: This Agreemen it has been approved by the '-oard of County Commissioners of We d Coiunty, Colorao shall not be valid unti o o Q its designee. W. Co myns;coon 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 thr; accepted bid. The successful bidder acknowledges no payment in excess of that amount will be mace oy County unless a "change order" authorizing succri additional payment has been specifically approved by the County's delegated emclyee, or by forma Pesolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Coca X. Ta the successful bidder agrees to be solely r related to payments made pursuant to the to overtime and/or double time rates for w authorized in writing by County. es: County will not withhold any taxes from monies paid to the successful bidder hereunder a d sponsible for the accurate reporting and payment of any taxes fns of this Agreement. Contractor shall no, be enti: ed to bill at rk done outside of formal business hours unless specifically Cho MURANCE A,E,QUIRMY ^NTS Genera Requirements: Successfu bidders must secure, at or before the time of executio 't of aiy greement or corn rencement of any work, the to lowing insurance covering a operations, goods sr services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all tunes 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" Vi or better. Each policy shall contain a valid provision or endorsement stating "Should any oc tie above -described policies by canceled or siSUlc any coverage be reouced be -tore the expiration date thereof, the issuing company shat send written notice to the We d County Coitro er/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. SL ccessful bidder shall be responsible fr thpayment of any dedL ctib e or self -insured retntion. County reserves the right to require Successful bidder to provide a bond, at no cost too County, in the amount of the deductible or self -insured retention tco guava itee payment of claims. a' ... BID R QUEST #B1900059 Page 6 The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. BID REQUEST #B1900059 Page 7 Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said 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 #B1900059 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: PLANNING AND HEALTH DEPARTMENT BUILDING - ROOF REPLACEMENT I his bid is to replace the roof on the Planning and Health Department Building which is located at 555 N. 17th Avenue, Greeley, Colorado 80631. his is a turn -key bid and will require the following: 1. Old roofing and insulation shall be removed completely. This is the original roof that was installed in 1998, it is EPDM material over R-30 nail base insulation. The original deck is steel pan on sloping bar joists. 2. The new roof will be fully adhered EPDM type, no substitutions. 3. New 4 -inches of insulation with coverboard is required. New EPDM roof shall slope towards drains and scuppers. 4. Roof shall carry a 20 -year manufacturer's and installation warranty. The 20 -year warranty will be for Labor and Materials. This will require inspections by the manufacturer to certify warranty. Results are to be provided to the County. 5. New walkway pads shall be located in same places as existing. 6. New metal cap is not required. However, any cap that is not useable must be replaced and included in the bid. 7. All penetrations, transitions, termination bars and terminations inside of scuppers shall be properly sealed and meet manufacturer's warranty. Some penetrations may be obsolete and can be removed with coordination of County staff. 8. Contractor is required to furnish and install new Zurn anchored screens at all roof drains. 9. Installation of new cover board will be required as required by manufacturer for warranty. All cover board and fasteners shall comply with manufacturer's specifications. 10. Roof will be installed/attached in accordance with manufacturer's recommendations. 11. Provide manufacturer cut sheets and warranty information with bid. 12. Provide detail of what is included and excluded from bid. 13. Payment and Performance bond is required. 14. It is anticipated the contract for this project will be signed by April 1st, 2019. 15. Based on this date, provide your start and finish dates. mandatory pre -bid conference will be held on Wednesday, February 20, 2019 at 11:00 AM, at the Weld County Planning and Health Department Building located at 1555 N. 17th Avenue, Greeley, CO 80631. NOTE: Meet at front entrance. Bids will be received up to, but not later than COUNTY PURCHASING TIME CLOCK). Wednesday, March 6, 2019 at 10:00 Ar,t ROOF TOTAL $ START DATE FINISH DATE (WELD • BID REQUEST #B1900059 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_ #B1900059. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE FAX TAX ID # **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLS ; TADO S 1j LES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B1900059 Page 10 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: PLANNING AND HEALTH DEPARTMENT BUILDING — ROOF REPLACEMENT This bid is to replace the roof on the Planning and Health Department Building which is located at 1555 N. 17th Avenue, Greeley, Colorado 80631. This is a turn -key bid and will require the following: 1. Old roofing and insulation shall be removed completely. This is the original roof that was installed in 1998, it is EPDM material over R-30 nail base insulation. The original deck is steel pan on sloping bar joists. 2. The new roof will be fully adhered EPDM type, no substitutions. 3. New 4 -inches of insulation with coverboard is required. New EPDM roof shall slope towards drains and scuppers. 4. Roof shall carry a 20 -year manufacturer's and installation warranty. The 20 -year warranty will be for Labor and Materials. This will require inspections by the manufacturer to certify warranty. Results are to be provided to the County. 5. New walkway pads shall be located in same places as existing. 6. New metal cap is not required. However, any cap that is not useable must be replaced and included in the bid. 7. All penetrations, transitions, termination bars and terminations inside of scuppers shall be properly sealed and meet manufacturer's warranty. Some penetrations may be obsolete and can be removed with coordination of County staff. 8. Contractor is required to furnish and install new Zurn anchored screens at all roof drains. 9. Installation of new cover board will be required as required by manufacturer for warranty. All cover board and fasteners shall comply with manufacturer's specifications. 10. Roof will be installed/attached in accordance with manufacturer's recommendations. 11. Provide manufacturer cut sheets and warranty information with bid. 12. Provide detail of what is included and excluded from bid. 13. Payment and Performance bond is required. 14. It is anticipated the contract for this project will be signed by April 1st, 2019. 15. Based on this date, provide your start and finish dates. A mandatory pre -bid conference will be held on Wednesday, February 20, 2019 at 11:00 AM, at the Weld County Planning and Health Department Building located at 1555 N. 17th Avenue, Greeley, CO 80631. NOTE: Meet at front entrance. Bids will be received up to, but not later than Wednesday, March 6, 2019 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). ROOF TOTAL $ 175,000.00 START DATE 4/15/19 5/20/19 FINISH DATE BID REQUEST #81900059 Page 9 From: 1 rtah 4 ovrndahl To: bids Subject: BID NO. B1900059 Date: Tuesday, March 5, 2019 9:01:32 PM Attachments: bid Fora di Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please, see attached emailed bid for BID REQUEST NO. B1900059, PLANNING & HEALTH DEPARTMENT BUILDING - ROOF REPLACEMENT, Buildings & Grounds Dept. I hereby waive my right to a sealed bid. Thank you, Jonah Lovendahl ACC Roofing, Inc. 1713 C. Lincoln Ave. B-3 Ft. Collins, CO 80524 (970) 493-2801 EXFI FIRM 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, #B1900059. 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 formai 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. ACC Roofing, Inc. BUSINESS 1713 East Lincoln Ave, B-3 ADDRESS CITY, STATE, ZIP CODE Fort Collins, CO 80524 TELEPHONE NO 970-493-2801 FAX none 20-1089682 TAX ID # PRINTED NAME AND TITLE Jonah Lovendahl, President state of the incorporation Colorado SIGNATURE E-MAIL jonah@roolsbyacc.com DATE 3/5/19 **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #61900059 Page 0 ADDENDUM#1 BID REQUEST NO. B1900059 PLANNING & HEALTH DEPARTMENT BUILDING - ROOF REPLACEMENT Buildings & Grounds Dept. Currently read as: 2. The new roof will be fully adhered EPDM type, no substitution. BID SPECIFICATIONS SHOULD NOW READ: 2. The new roof will be fully adhered EPDM type, ONLY tier one manufacturers (Firestone, Carlisle or Johns Manville). **We need signed copy on file. Thank You!*** ACC Roofing, Inc. Addendum received by: FIRM 1713 E Lincoln Ave B-3 ADDRESS Fort Collins, CO 80524 CITY AND STATE Jonah Lovendahl BY jonah@roofsbyacc.com EMAIL February 21, 2019 Form Wu49 (Rev December 2014) Cepvtnrvnt of the Treasury internal menus Service Request for Taxpayer Identification Number and Certification I Niece (as shown on your income tax return), Name is required on this )inn; do not leave this line blank )ACC Roofing, nc. N i 2 Business name/disregarded entity name. if different from above Io 3 Check appropriate box far federal tax classification; check only �one of the following seven boxes: ❑ Individual/sole proprietor or ❑ C Corporation eJ S Corporation ❑ Partnership single -member LLC Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Note. For a single -m enber I I C list cs disregarded, do not check LLC; chock the appropriate box in the line tale; as the tax classification of the single -member owner. E. o [t Ulher (see slstrirolkxlS) ► Address (Mantttrtr, street, and apt. or suite no,) a i 1713 East Lincoln Ave B-3 w6 City, state, and ZIP code Fort Collins, CO 80524 f 7 Lst account nun"hnis) hero (optional) Taxpayer Identification Number (TIN) N in the appropriate box, The TIN provided must match the name given on line t to avoid raiding. For individuals, this is generally your social security number (SSN)• However, (or a ), sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other bnldieS• it it3 your employer Identification number (EIN). It you do riot have a number, see How to get a rIN on page 3 Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am wafting for a number to be issued to me); and 2. I am not subject to backup withholding because; (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a )allure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4 The FATCA cadets) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, dent 2 does not apply. For mortgage interest paid. acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN, See the rnstructinns on page 3, Sign Signature of mm .4 Here U.S. person ► 2 ❑ TrusUestate rr Give Form to the requester. Do not send to the IRS. 4 Exrmnptu>ns (coties apply icily to ( cerise, efelety, not individuals, see instruotiOns on page 3) Exempt payee code (if any) Exemption from FATCA reporting code (If any) name and address (optional) 6 8 2 General Instruction S'runrl mterences are to tl'e Internet Revenue Credo unless otherwise noted. Future developments Information about lkrvelopments affecting Form W g (such a� tell'6inhrx,.si,tcted oltte we release 4) 15 at wane. rrs.gow11w2. Purpose of Form no ,ndrvrnuaI or entity (Form'N•st r;rq=lrniteo who regirlrrrd to We an information fount won the IRS must nhtain your correct tesSayer identification remitter PIN! which may be your nricel sccrety rleretaer (SSNl, individual taxpayer identlllcntion number 1)1.1141, adonhnn taxpayer tJuntlticallon number (A I IN), or employer 'tlrHddkabon numb.. IFiN), to roped on art information miter. the amount paid to you, or Other nnsnunt reportable or, in rntormnlbn return Fxamptes of udrannnllnv, reeun- Include. hurt 5(0 not limited In.. the following:. • Form 1099 INr (interest earned In 0330 • Farm tmq-my (dividends.. including thaw horn stOCks or rnuluat funds) • FOP" 1099-MISC (earfuls types of inmost prizes, awards, or gloss proceeds) • Forte 1099-t) llitork re mutual fund solos and certain oilier transactions by broker e) • Form 1O09 -S rpmaaods from real estate Iran:,actioris) • Form 1090-K (merchant card urad third parry network transactions) 0,t, P. 2/22/19 s • " • Form 1090 (home mortgage inlerestl. 1098-F (student loan Internet), 1098-1 (tuition) • Form 1089-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured properly) use Form W-9 only if you are a U S person (Including a resident alien), to provide your coned TIN. ifyou da not return loan W -t) to the rerrl,usr' witr a TIN, yob might be subject fo bacxup with/la/dreg. Soo What is backup r ,theot irn9➢ on pago 2, Fly seining the-Illted.nut term, you 1. Certify that the TIN you are giving is correct (or you are waiting for a number to he Issued),, 2 Certify that you are not nirhlecl to bad -up w'Il,trnldki,t, or .3 Claim exemption from uacktrp withholding if ran are a U.S, exempt payee, it applicable, you are also certifying Haut as a IL S. prxsnra. yrna allocable share of any par!norsoip ii rCdnte trot,, n I.I S. trade or business is not si rhtect tea et., wahhnklarn lax nn foreign partners' ;tiara nl oltectively r nxarnr tttal incan w. rout 4 Cert.ty that FA TCA codots) enterer' on II t Iii., of omit itdicaling thin you ate exempt Inrn the rATCA reporting, is correct. See Wish iS /A rcA reporting on Page 2 tar Iurtlrur Information. Cat. No I0231X Form W-9 (Rev 12-2014) 01, xN • wx 'Zr Johns Manville Meets the requirements of ASTM D 4637, Type JM EPDM ND 60 .M11 FIT Ethylene Propylene Diene Monomer Membtans with Factory Inseam Type Features and Components Membrane: Nonreinforced, cured EPDM (ethylene propylene diene monomer). Factory Inseam Tape: For superior quality assurance and labor savings compared to field fabricated seams. Fully Extruded: Produces fewer air voids, more uniform thickness and smoother sheets. Vulcanization Process: Combines two layers of membrane to produce a fully cross -linked monolithic membrane. Membrane Formulation: Performs in extreme temperature climates and withstands differential movement (elongation). UV -Stabilization Properties: Offers outstanding ozone and weather resistance delivering one of the longest service lives available. Technical Expeise: Backed by 30+ years of EPOM experience and installations. Color Black Component • M J'ar;nan; Single Ply System Compatibility This product may be used as a component in the following .systems. Please reference product application for specific installation methods and information BUR APP SHS A CA HW HA CA HW SA Do not use with Multi -Ply systems f � T PO NW PVC MF FA EPDM Compatible with the selected Single Ply systems above Key: HA = Hot Applied CA = Cold Applied HW = Heat Weldable SA = Self Adhered MF = Mechanically Fastened AD = Adhered BA = Ballasted Energy and the Environment Property Reflectivity# (ASTM C 1549) Value 0.06 Emissivity* (ASTM C 1371) 0,88 Post -consumer Recycled Content 0% Pre -Consumer Recycled Content 0% *Test methods for reflectivity and emissivity are LEEU - and CRRC"-approved Peak Advantage® Guarantee Information Enhanced guarantees are now available on certain systems for wind and puncture. Consult your local sales representative for more information and for specific guarantee terms and costs. Product Guarantee Term .. +e.. .ur ........... .n. ... .n ..... ...�... .-.r. ..wi uw......—..w a.«tb.IWMtY'u4Vbw..rr0'OYY:.tWw#•+/44.u'/.41aWANY.w.[.4W.W.lnwur'.YN When used in most JM EPDM Systems* I tip to 20 years 'Contact JM Technical Services for specific systems, Codes and Approvals APPIIOVED installation/Application 6.441 Ballasted Adhered Refer to JM EPOM Application Guides and detail dravvings for instructions. Packaging and Dimensions Roll Size (One -Sided Pre -Tape) I Roll Coverage Factory Inseam Tape Width 10' x 100' (3.05 m x 30.48 m) 1000 ft2 (92.9 m2) 4" (102 mm) & 6" (152 mm) 16'8" x 100' (5.08 m x 30.48 rn) 1667 ft2 (154.8 m2) 4" (102 mm) & 6" (152 mm) 20' x 100' (6.1 m x 30.48 m) 2000 ft2 (185,8 m2) ! 4" (102 mm) & 6" (152 mm) 30' X 100' (9.15 m x 30.48 mj 3000 ft2 (278.7 m2) 14:(102 mm) & 6" (152 mm) Roll Size (Two -Sided Pre -Taped) Roll Coverage .101x 100' (3,05 m x 30.48 m) 16'8" x 100' (5.06 m x 30.48 n) Membrane extruded in: Factory InseamTape Width 1000 ft2 (92.9 m2) 14" (102 mm) & 6" (152 mm) 1667 ft2 (154.8 m-i) �4" (102 mm) & 6" (152 mm) Milan, OH Storage Shelf Life Storage Conditions (Temperature Range 12 months from manufacture date The Inseam tape at the end of each roll is susceptible to damage. Store away from areas or materials where punctures or physical damage is likely to occur. Store indoors, out of direct sunlight, keep clean and dry prior to use. Do not stack rolls on top of one another for extended periods of time. 60°F— 80°F (15.6°C — 26.7°C) Refer to the Safe Use Instructions and product label prior to using this product. The Safe Use Instructions are available by calling (800) 922-5922 or on the Web at www.jm. corn/roofing. RS -3056 1-19 (Replaces 8-17) Ethylene Propylene Diene Monomer Membrane with Factory Inseam Tape Meets the requirements of ASTMtip;+ 7E Type 1 Tested Physical Properties — Membrane Tensile Strength (psi) D 412 Elongation, Ultimate (%) Tensile Set (%) Tear Resistance (lbf/in.) Dynamic Puncture Resistance, 5J, Type >=1305 D 412 > = 300 1456 411 D 412 D 624 D 5635 <=10 >=150 pass Static Puncture Resistance, 44.1 lbf, Type I D 5602 pass MI CS eIC E Overall Sheet Thickness (in,) D 751 +1-10% 0.5 181 pass pass pass Brittleness Point (°F) Ozone Resistance D2137 <=-49 pass Water Absorption (mass %) Heat Aged 670 hrs Chi 240°F Tensile Strength (psi) D 1149 pass Elongation, Ultimate (%) Tear Resistance (Ibf/in.) Linear Dimensional Change (%) Weathering Resistance, 5040 KaJ/(m2-nrn) @ 340 nm Visual Inspection Elongation, Ultimate (%) pass D471 I <=8 0 573 D 412 D412 D 624 D 1204 0.3 > = 1205 D4637/6 151/6155 Physical Prop, rides — Factory Inseam Tape Color Base Solvents Percent Solids: I Cure State I Thickness IW1dth Release Liner Rubber/Butyl polymer Black None Partially Cured 25 mils ±5mils 4" (102 mm) & 6" (152 mm) Polyester Refer to the Safe Use Instructions and product label prior to using this product. The Safe Use Instructions are available by calling (800) 922-5922 or on the Web at wvvvvilm.com/roofing. 0412 > = 200 >=125 < +f-1 pass >=200 1450 403 170 0.4 ucwuuvmn p uraW-y p^ pass 351 wAwOOOKOICAOIOY� RS -3056 1-19 (Replaces 0-17) Meets the requirements of ASTM C 1289, Type II, Class 1, Grade 2 (20 psi) • ENRGY 3 /Tapered ENRGY 3 Grade 3 (25 psi) • ENRGY 3 25 PSI / Tapered ENRGY 3 25 PSI Features and Components Glass -Reinforced Facers: Provides rigidity and resistance to indentation and crushing, and are compatible with BUR, modified bitumen and single ply membrane systems, Closed Cell Polyisocyanurate Foam Core: Provides high R -value per inch in built-up, modified bitumen, metal roof and single ply roof systems, and approved for direct application to steel decks. Flat Glass -Reinforced Facers Tapered flat & Tapered ENRGY 3° Polyisocyanurate Roof Insulation art Cell yiancvarttrrote Foam Core Canpunent • Multi -Ply Single Ply Type HT 15th Tisane i TR j Tanmed System Compatibility This product may be used as a component in the following systems Please reference product application for specific installation methods and information. ,al Compatible with the selected Multi -Ply systems above Key: HA = Hot Applied CA = Cold Applied NW = Heat Weldable SA = Self Adhered Compatible with all Single Ply systems MF = Mechanically Fastened FA = Fully Adhered BA = Ballasted Energy and the Environment Varies with thickness, see Product Data and Packaging table on next page. LEED® Recycled Content Produced with a pentane blowing agent with zero ozone depletion and virtually no global warming potential. Peak Advantage® Guarantee Information Systems For use in approved JM Peak Advantage Roofing Guarantees Codes and Approvals PI • FM® Standards 4450/4470 Approvals (refer to FM RoofNays'") • UL® Standard 790, 263 and 1256 (refer to UL Roofing Materials system directory) • Meets the requirements of CAN/ULC S704, Type 2 & 3, Class 3 • California Code of Regulations, Title 24, Insulation Quality Standard License #TI -1341 • Third -party certification with the PIMA Quality Mark' for Long -Term Thermal Resistance (LTTR) values ark - Refer to the Safe for Use instructions and product label prior to using this product. The Safe for Use instructions are available by calling (8001922-5922 or on the Web at www,jm.com/roofing. Note: Technical information on this data sheet is intended to be used as a general guideline only and is subject to change without notice. Contact your JM Sales Representative for further details. Installation/Application Hot Asphalt Urethane Adhesive Mechanically Fastened ' A IF/ Loose Laid Refer to the application instructions guidelines for proper utilization of this product. Flute Span: Width of Rib Opening: Up to 25/e' (6.67 cm) Insulation Thickness (min% 1.0' (2.54 cm) Packaging and Dimensions Up to 32/a" (8.57 cm) 1.2' (3.05 cm) Up to 43/s" (11.11 cm) 1.3"(3.30 cm) Flat Sizes' Tapered Size' Producing Locations 4' x4' (1.22 mx 1.22 m) 4' x8' (1.22mx2.44m) 4' x 4' (1.22mx1.22m) Bremen, IN Cornwall, ONT Fernley, NV Hazleton, PA Jacksonville, FL Stocking Locations3 Grand Prairie, TX Southgate, CA Tracy, CA 1. For available thicknesses, see Product Data and Packaging table on page 2 of this data sheet. Other sizes available by special request, some sizes are not stocked and special order with minimum order quantities. Contact your JM Sales Representative for details. 2. Tapered ENRGY 3 and Tapered ENRGY 3 25 PSI are available in thicknesses of t2' to 4". Available profiles are shown on page 3 of this data sheet. In some regions extended panels are also available. 3. Not all sizes, thicknesses, and products are stocked at all locations, please call Customer Service at 1-f77-766-3295. RS -5137 10-17 (Replaces 6-17) Tycal1 Physical Properti s Tensile Strength Compressive Resistance 10% Consolidation Dimensional Stability Change, (length & width) Moisture Vapor Permeance My h.amY.ayb Water Absorption Service Temperature C 209 Polyisocyanurate Roof Insulation 500 psf (24 kPa) (min), 730 psf (35 kPa) (nom) D 1621 Grade 2: 20 psi (138 kPa), Grade 3: 25 psi (172 kPa) (min) D2126 E 96 C 209 Flame Spread, (foam core) iD 1623 0.5% (nom), 2% (max) <+ 1,0% perm, 57.5 ng/(Pa*s*In2), 1.5 perm. 85.8ng/ (Pa*s*m2) 1.0% (max) 100°F — 250°F (-73°C — 121°C) E 84 Smoke Developed, (foam core) Produt Data and Packaging 22.0 / 20.4 1.0 25.4 5.7 1.1 27.9 6.3 30,5 31.8 1.3 33.0 7.4 1.4 35.6 8.0 1.5 38.1 8.6 1.0.... 40.6 _._ 9.1 .._. . 1.7 43.2 9.7 1.75 44.5 10.0 1.8 45.7 10.3 r 1.81 1.9 �.,....-48.3 10,8 �,.� 1,91 1.00 1.10 1.20 1.51 1.61 1.71 2.0 50.3 11.4 ( 2.01 2.1 53.3 12.0 2.11 55.9 12.6 2.22 58.4 13.2 2.32 2.4 61.0 2.5 63.5 2.6 66.0 2.7 68.6„..... - 15.6 2.74 ....w. .:.iu...nv ..v 5' . .srn�nwy.....w+w.u..w..;. 2.8 71.1 16.2 2.85 13.8 14.4 2.43 5.2/5i 5.3 / 5.2 5.2 / 5.2 5.2 / 5.2 5.2 / 5.2 5.3 / 5.3 5.2/5.2 5.2 / 5.2 5.2 / 5.2 5.2 / 5.2 5.21.5.2 5.2 / 5,2 5.2 / 5.2 5.2/5.2 5.2 15.2 5.2 / 5.2 2.53 .� 5.2/ 5.2 2.64 5.2 / 5.1 15.0 73.7 1682 2.96 76.2 3.1 78.7 3.2 3.25 3.3 3.4 3.5 3.6 81.3 18.6 82.6 83.8 86.4 88.9 91.4 -3.7 f 94.0 3.75�..... .,95.3 3.8 3.9 4.0 4.1 96.5 99.1 101.6 23.6 3.06 5.2/5.1 31.8 / 29.9 30.0 ; 28.1 28.4 / 26.6 27.7 / 25.8 E84 37.1 / 35.1 35.3 / 33.3 33.6 / 31.76 32.9/ 31.0 27.0/ 25.2 32.3 / 30.4 25.7123.9 31.0 / 29.2 24.5 / 22.8 29.8 /28.0 23.4/21.7 28.7/27.0 22.4 20.8 21.5 / 19.9 Z0J / 19.1 25.9124.3 24 L 384 768 19.9 118.4 25.1 / 23.6 24 384 2222 768 19.2/ 17.7 24.4 / 22.9 20 - 30 (nom), 75 (max) 55 - 250 (non), 450 (max) 48 768 q 1536 _ 41 656 1312 38 608 1 1216 35 560 1120 35 560 l 1120 32 512 422 1024 32 512 1024 28 448 27.7 / 26.0 27 432 27.2 / 25.6 27 432 26.7/ 25.1 896 864 864 25 400 800 18.5/ 17.1 17.91 16.5 17.3 / 16.0 16.8 / 15.4 16.3115.0 15.8 / 14.5 23.7/22.3 23.1 / 21.7 21 336 672 20 20 320 640 320 640 22.5/21.1 19 l 304 608 22.0/ 20.6 19 21.4 / 20.1.t,A�, �$ 21.0 / 191 17 .. ...� 304 288 608 576 272 5.2/5.1 15.3/14.1 3 20.5/19.2 l 16 p 5.215.1 14.9 / 13.7 £, 20.1 /18.8 , 16 5.2/5.1 14.5/13.3 19.7/18,4 256 256 544 512 512 18.9 19.2 19.9 20.5 21.1 21.7 3.17 3.28 3.33 3.39 ( 3.50 3.61 3.72 3.82 5.1 /5.1 5.1/5.1 5.115.1 5.1 / 5.1 14.1 / 12.9 118/12.6 19.3/18.1 16 14 256 512 224 448 18.9/ 17.7 14 13.61 12.4 18.7 / 17.6 13.4/12.3 18.6/17.4 131 / 12.0 18.2/ 17.1 5.1 15.1 12.8/ 11.7 17.9/ 16.8 5.1 /5.1 5.1.. /...5.1 12.5/ 11.4_ 12.2/ 11.1 17.6 / 16.5 224 448 14 224 448 14 224 448 13 208 416 nowssown 13 208 416 12 192 384 17.3 / 16.3 12 192 384 22.0 22.3 23.0 104.0 24.2 3.88 5.1 / 5.1 12.0111.0 17.2 / 16.1 12 2., 192 384 _ 3.94 5.1/5.1 11.9/10.9 17.0/16.0 12 192 384 4.05 5.1/5.1 11.7/10.7 161.8/15.8 4.16 5.1/5.1 11.4/10.4 4.26 5.1/5.1 4.2 107.0 24.9 4.39 5.1/ 5.1 4.3 109.0 25.5 4.4 112.0 4..5 114.0 26.1 26.8 4.49 4.60 4.72 5.1 / 5.1 5.1/5.1 5.1 / 5.1 11.2/10.2 10.9 / 10.0 10.7/9.8 10.5 / 9.6 10.3/ 9.4 16.5/ 15.5 16.3 / 15.3 12 192 - 384 12 192 384 11 176 352 16.0 / 15.1 15.8/14.9 15.6/ 14.7 11 176 352 11 176 352 15.4 / 14.5 M/4, 10 160 320 10 „,__ ____16 320 48 24 1, The Long -Term Thermal Resistance (LTTR) values were determined in accordance with CARVULC 3770 at 75°F (24°C). The ultimate R -Value of these products will depend on individual installation circumstances. 2. Value represents average results (Grade 2/Grade 3). 3. Assumes 48' flatbed truck. Refer to the Safe for Use instructions and product label prior to using this product The Safe for Use instructions are available by calling (800) 922-5922 or on the Web at wvvw. jm. corn/roofing. RS -5137 10-17 (Replaces 6-17) ariereci ENRGY 3 Polyisocyanurate Roof Insulation Johns Manville Tapered Polyiso Offerings Please refer to the previous page for typical physical properties. 1A 18 1 2 1/16 1/16 1/16 1/16 1/16 1/16 1/16 1/16 0.5 0.75 0.75 1 3.6 5.0 6.4 70 50 38 32 28 22 20 3 4 5 1.25 1.5 1.75 125 1.5 7.8 9.3 10.7 12.1 1120 800 608 512 416 352 700 700 684 704 676 660 680 1/16 inIft (5.2 mm/ml 1.75 6 2 2 2.25 2.25 2.5 13.6 18 320 288 684 AA 1/8 A 1/8 B 1/8 l 1/8 o*� 1/8 E** 1/8 F** 1/8 FF** 1/8 R 1/8 S 1/8 T 1/8 U 1/8 V 1/8 0.5 1 1.5 1 1.5 2 2.5 3 05" 075" 10" 125" 15' 175" or 225' 25" 275' 30" 1/8 in/ft (10.4 mm/m) 4.3 64 7.1 38 10.0 26 12.9 2u 1024 608 416 768 1 05" 10" 15" 20" 25" 30- 35" 40' 45" 50" 55" 760 728 /20 704 2 2.5 3 3.5 4 3.5 15.9 16 18.9 14 22.1 12 25.3 10 4 320 256 224 728 720 680 704 192 160 704 480 352 256 224 192 0.75 1.25 175 2.25 215 3.25 4,5 1.25 1.75 2.25 2.75 3.25 3.75 5,7 44 8.6 30 11.4 22 14.4 16 17.4 14 20.5 12 720 704 640 672 1/8 672 075" 125" 175" 225" 2.75. 325" 375" 425" 4/5" Ar Auer AN Panels Special Order J K L M** JJ 3/16 3/16 1.75 2.5 12.1 20 3/16 2.5 3.25 16.6 16 3/16 3.25 3/16 0.5 3/16 1,25 2 9.3 28 3/16 2 3/16 2.75 3.5 182 14 1.75 7.8 32 512 320 256 704 680 736 3/16 in/ft (15.6 mm/m) 4 21.2 12 52 192 832 448 696 728 728 691 694 1/4 iirffl (28,8 mm/m) 726 1.25 5.0 KK LL"* MM*" 215 13.6 18 G H 1/4 1/4 1/4 1/4 1/4 1/4 1/4 1 2 3 288 224 1c" 175' 25" 325" 40" 475' 55" 05" 525" 10" 275" 35" 425" 50" 30'Filler All Panels Special Order 2 3 4 8.6 j 30 480 14.4 20.5 5.7 16 12 256 192 768 384 256 640 672 768 X Y Z*" 0.5 1.5 2.5 3.5 1.5 25 3.5 4.5 11.4 17.4 23.6 48 24 16 12 192 768 768 768 SS 3/8 0.5 2 3/8 2 3.5 7.1 36 576 120 15.9 16 G(1"" 1/2 1/2 0.5 2.5 8.6 2.5 4.5 20.5 32 256 704 512 05" 150" 25" 35' 45" 55" 65" Ur 20" 30" 40" 50" 60' Extended and Special Order Panels: Z, ZZ All Panels Speral Order 3/B,in/ft (312 mm/m) 05" 20' 35" 50' 55" 768 12 192 672 xx 1/2 1 3 (hr•fte.°F/Btu) "" Extended panels require less adhesive and less labor 11.4 22 352 704 Extended and Special Order Panels: 00 05" 25' 45" 65" 05" 25" 45" 10" 30" 50" ✓ xxx Special Order Tapered Recycle Content: Recycled content is dependent upon average thickness. To calculate, match the average thickness of Tapered ENRGY 3 to the thickness of Flat ENRGY3. Use the number from Flat ENRGY 3 as your recycled content. Refer to the Safe for Use instructions and product label prior to using this product. The Safe for Use instructions are available by calling (800) 922-5922 or on the Web at www.jm.com/roofing. RS -5137 10-17 (Replaces 6-17) Building Owner: Name Address City, State Zip Building Name: Name Address City, State Zip Peak Advantage Guarantee Guarantee Number: Sample - not issued Expiration Date: Approved Roofing Contractor: Date of Completion: Name Address City, State Zip Terms & Maximum Monetary Obligation to Maintain a Watertight Roofing System. Years: 20 $ No Dollar Limit Coverage: The components of the Roofing System covered by this Guarantee are: Total Squares: Insulation Type Section Sqs. Roof Type Membrane Spec. Layer 1 Layer 2 Layer 3 Accessories: Type Product Name Expand -O -Flash (1) Style: Expand -O -Flash (2) Style; Expand -O -Flash (3) Style: Fascia Style: Copings Style: Gravel Slop Style: Drains (1) Style: Drains (2) Style: Vents Style: Quantity lin, ft. lin, ft. lin. ft lin. It, lin. h. lin. f►. ea, ea, ea. These Johns Manville Guaranteed components are referred to above as the "Roofing System" and ALL OTHER COMPONENTS OF THE OWNER'S BUILDING ARE EXCLUDED FROM THE TERMS OF THIS GUARANTEE, including any amendments thereto. Johns Manville* guarantees to the original Building Owner that during the Term commencing with the Date of Completion (as defined above), JM will pay for the materials and labor reasonably required in Johns Manville's sole and absolute discretion to repair the Roofing System to return it to a watertight condition if leaks occur due to: ordinary wear and tear, or deficiencies in any or all of the Johns Manville component materials of the Roofing System, or workmanship deficiencies only to the extent they arise solely out of the application of the Roofing System. Non -leaking blisters are specifically excluded from coverage. Should any investigation or inspection reveal the cause of a reported leak to be outside the scope of coverage under this Guarantee, then all such investigation and inspection costs shall he borne solely by the Building Owner .l y^^ -^.•l' --.r. r^ ."TJ1 41L.+r .�.:.^'�^+ /.rs-«.. �rp�..,ta....,,i'24W4iufi� raiLVW:4a-:s».iuWRF',J '..ALNA3'!3%-aiY. XtRllEN:Wa .°.....-•'m--.v....�n IX'� " WHAT TO DO IF YOUR ROOF LEAKS If you should have a roof leak please refer to directions on the reverse side. Failure by the Building Owner to comply with any of the directions on the reverse side of this document will render the coverage provided under this Guarantee, including any applicable amendments and/or riders, null and void LIMITATIONS AND EXCLUSIONS This Guarantee is not a maintenance agreement or an insurance policy; therefore, routine inspections and maintenance are the Building Owner's sole responsibility (see reverse side of this document) Failure to follow the Maintenance Program on the reverse side of this document will void the Guarantee in its entirety This Guarantee does not obligate JM to repair or replace the Roofing System, or any part of the Roofing System, for leaks or appearance issues resulting, in whole or in part, from one or more of the following (a) natural disasters including but not 'United to the direct or indirect effect of lightning, flood, hail storm, earthquake, tornados, hurricanes or other extraordinary natural occurrences and/or wind speeds in excess of 55 miles per hour; (b) misuse, abuse, neglect or negligence; (c) installation or material failures other than those involving the component materials expressly defined above as the Roofing System or exposure of the Roofing System components to damaging substances such as oil, fertilizers, or solvents or to damaging conditions such as vermin; (d) any and all (i) changes, alterations, repairs to the Roofing System, including, but not limited to, structures, penetrations, fixtures or utilities (including vegetative and solar overlays) based upon or through the Roofing System as well as any (ii) changes to the Building's usage that are not pre -approved in writing by JM; (e) failure of the Building substrate (mechanical, structural, or otherwise and whether resulting from Building movement, design defects or other causes) or improper drainage; COdefects in or faulty/improper design, specification construction or engineering of the Building or any area over which the Roofing System is installed; (g) defects in or faulty/improper architectural, engineering or design flaws of the Roofing System or Building, including, but not limited to, design issues arising out of improper climate or building code compliance; or (h) in instances of a recover project, Johns Manville is not responsible for the performance of pre-existing materials that predated the recover Instead, Johns Manville's sole responsibility in recover systems where JM materials are adhered to existing materials is limited to the installed recover JM Roofing materials up to the wind speed listed herein Guarantee coverage is limited to replacing recover JM Roofing materials only (and not the pre-existing materials — which is the Owner's responsibility) as required to return the roofing system to a watertight condition due to a claim covered under the terms and conditions herein. Johns Manville is not responsible for leaks, injuries or damages resulting from any water entry from any portion of the Building structure not a part of the Roofing System, including, but not limited to, deterioration of the roofing substrate, walls, mortar joints, HVAC units and all other non -Johns Manville materials and metal components Moreover, the Building Owner is solely and absolutely responsible for any removal and/or replacement of any overburdens, super -strata or overlays, in any form whatsoever, as reasonably necessary to expose the Roofing System for inspection and/or repair This Guarantee becomes effective when (1) it is delivered to Owner; and (2) all bills for installation, materials, and services have been paid in full to the Approved Roofing contractor and to JM Until that time, this Guarantee is not in force, has no effect — and JM is under no obligation whatsoever to perform any services/work The Parties agree that any controversy or claims relating to this Guarantee shall be first submitted to mediation under the Construction Industry Arbitration and Mediation Rules of the American Arbitration Association (Regular Track Procedures) or to such other mediation arrangement as the parties mutually agree No court or other tribunal shall have jurisdiction until the mediation is completed In any action or proceeding brought against the Building Owner to enforce this Guarantee or to collect costs due hereunder, Johns Manville shall be entitled to recover its reasonable costs, expenses and fees (including expert witness' fees) incurred in any such action or proceeding, including, without limitation, attorneys' fees and expenses, and the Building Owner shall pay it. TO THE FULLEST EXTENT PERMITTED BY LAW, JM DISCLAIM ANY IMPLIED WARRANTY, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND LIMITS SUCH WARRANTY TO THE DURATION AND TO THE EXTENT OF THE EXPRESS WARRANTY CONTAINED IN THIS GUARANTEE THE EXCLUSIVE RESPONSIBILITY AND LIABILITY OF JM UNDER THIS GUARANTEE IS TO MAKE REPAIRS NECESSARY TO MAINTAIN THE ROOFING SYSTEM IN A WATERTIGHT CONDITION IN ACCORDANCE WITH THE OBLIGATIONS OF JI1/I UNDER THIS GUARANTEE. JM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE BUILDING STRUCTURE (UPON WHICH THE ROOFING SYSTEM IS AFFIXED) OR ITS CONTENTS AND OR OCCUPANTS, LOSS OF TIME OR PROFITS OR ANY INCONVENIENCE, INJURY JM SHALL NOT BE LIABLE FOR ANY CLAIM MADE AGAINST THE BUILDING OWNER BY ANY THIRD PARTY AND THE BUILDING OWNER SHALL INDEMNIFY AND DEFEND JM AGAINST ANY CLAIM BROUGHT BY ANY THIRD PARTY AGAINST JM RELATING TO OR ARISING OUT OF THE ROOFING SYSTEM OR JM'S OBLIGATIONS UNDER TIIIS GUARANTEE JM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES WHICH ARE BASED UPON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY OTHER THAN THE EXCLUSIVE LIABi[,ITY SF1' FORTH IN THIS GUARANTEE THIS GUARANTEE DOES NOT COVER, AND EXPLICITLY EXCLUDES, ANY AND ALL INJURIES, CLAIMS AND/OR DAMAGES RESULTING, [N WHOLE OR N PART, FROM ANY WATER ENTRY FROM ANY PORTION OF THE BUILDING STRUCTURE INCLUDING, BUT NOT LIMITED TO, THE ROOFING SYSTEM No one is authorized to change, alter, or modify the provision of this Guarantee other than the Manager, Guarantee Services or authorized delegate. JM's delay or failure in enforcing the terms and conditions contained in this Guarantee shall riot operate as a waiver of such terms and conditions This Guarantee is solely for the benefit of the Building Owner identified above and Building Owner's rights hereunder are not assignable. Upon sale or other transfer of the Building, Building Owner may request transfer of this Guarantee to the new owner, and 1M may transfer this Guarantee, in its sole and absolute discretion only after receiving satisfactory information and payment of a transfer fee, which must be paid no later than 30 days after the date of Building ownership transfer In the event JM pays for repairs which are required due to the acts or omissions of others, JM shall be subrogated to all rights of recovery of the Building Owner to the extent of the amount of the repairs. Because JM does not practice Engineering or Architecture, neither the issuance of this Guarantee nor any review of the Building's construction or inspection of roof plans (or the Building's roof deck) by JM representatives shall constitute any warranty by JM of such plans, specifications, and construction or in any way constitute an extension of the terms and conditions of this Guarantee Any roof inspections are solely for the benefit of Di JM does not supervise nor is it responsible for a roofing contractor's work except to the extent stated herein, and roofing contractors are not agents of JM. *JOHNS MANVILLE ("JIVI") is a Delaware corporation with its principal mailing address at P O Box 5108, Denver, Colorado 80217-5108 By Robert Wamboldt Title: Vice President & General Manager Roofing Systems Group i 1 "';:.t.T ,: N-.�w.� .rr�....ww......r...�caw.N-n�,...:.., ,i.....,i/n .s.....<.r....+,,...-u _..,r.,,..:✓ .......iw..,f........... w .. Attorney -in -Fact ASSURANCE 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com NCCI #: WC000313 Policy #: 4081645 ACC Roofing Inc 1713 E Lincoln Ave Unit B3 Fort Collins, CO 80524 ENDORSEMENT: Waiver Of Subrogation We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Weld County 1150O St Greeley, CO 80631-9596 Effective Date: March 26, 2019 Pinnacol Assurance has issued this endorsement March 26, 2019 7501 E. Lowry Blvd Denver, Co 80230-7006 Page 1 of 3 P ALAMILLJ - CSR Support 03/26/2019 13:52:24 4081645 53557916 UW137 Cd ACORCP CERTIFICATE Sj F LIABILITY INSU''.AiNCE DATE (MM/DDIYYYY) 03/2612019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Pinnacol Assurance 7501 E. Lowry Blvd. Denver, CO 80230-7006 CONTACT NAME: PHONE (A/C, No. Ext): E-MAIL ADDRESS: FAX (A/C, No): INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Pinnacol Assurance 41 190 INSURED ACC Roofing Inc 1713 E Lincoln Ave Unit B3 Fort Collins, CO 80524 INSURER B INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL CLAIMS -MADE LIABILITY OCCUR EACH OCCURRENCE $ DAMAGE TO D PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY (Per DAMAGE accident)._ $ $ UMBRELLA EXCESS DED LIAB LIAB RETENTION OCCUR CLAIMS -MADE EACH OCCURRENCE $ $ AGGREGATE $ $ i A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A 4081645 06/01, 2018 06/01/2019 v a PER STATUTE OTH- ER E.L. EACH ACCIDENT 500,000 . E.L. DISEASE - POLICY LIMIT 500 0�0 $ , DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Unless otherwise stated in the policy provisions, coverage in Colorado only. CERTIFICATE HOLDER CANCELLATION 1976963 Weld County 1150O St Greeley, CO 80631-9596 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 Pinnacol Assurance ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORDs provided by Forms Boss. www.FormsBoss.com; (c) Impressive Publishing 800-208-1977 CERTIFICATE HOLDER. COPY Weld County 1150O St Greeley, CO 80631-9596 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does notconfer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT (CONT) 0 A C CH? .0 CE Fil ATE F LUA UU TY UR..NCE DATE (MM/DD/YYYY) 3/26/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL ENSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1st American Fort Collins LLC 220 Smith Street Fort Collins CO 80524 INSURED ACC Roofing, Inc 1713 E. Lincoln Ave Unit B3 Fort Collins CO 80524 COVERAGES CERTIFICATE NUMBER: NAME: Lisa Johnson C}NE 484-2805 (A/C No, Ext): (970) LisaFC c� I aia.com ADDRESS: G FAX (A/C, No): INSURER(S) AFFORDING COVERAGE INSURER A : MESA UNDERWRITERS SPECIALTY INSURANCE C INSURER B : INSURER C : INSURER D : INSURER E : INSURER F REVISION NUMBER: NAIC # THIS INDICATED_ CERTIFICATE EXCLUSIONS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RFDUCED BY PAD CLAIMS_ I LTRINSD TYPE OF INSURANCE(1�#I4��DD/YYYY) ULCH �WVD POLICY NUMBER POLICY EFF POLICY (MIS/I�1/YYYY) EXP LIMITS A. MP0004010001782 , 06/01/2018 06/01/2019 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY J CLAIMS -MADE OCCUR 'tt/.rt/IA(3t W v KEN =. El PREMISES (Ea occurrence) 100,000 MED EXP Any one person) 5,000 PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: S 2,000,000 GENERAL AGGREGATE X POLICY ■■ R8. J ECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: BI/PD DEDUCTIBLE $ 500 AUTOMOBILE LIABILITY I ( NO COVERAGE COMBINED SINGLE LIMIT (Ea accident) $ i ANY AUTO ----7ONLY BODILY INJURY (Per person) $ ■ Q AUTOSTOS ' SCHEDULED AUTOS BODILY INJURY (Per accident) $ ■HIRED AUTOS ONLY NON -OWNED AUTOS ONLY _ ;Per accident) UMBRELLA LIAB OCCUR NO COVERAGE EACH OCCURRENCE S ■ EXCESS LIAB CLAIMS -MADE S AGGREGATE S DED RETENTIONS � 'ORKERS COMPENSATION N I A NO COVERAGE I' PER STATUTE OTH- ER - ND EMPLOYERS' LIABILITY Y/N N EL. EACH ACCIDENT S NY PROPRIETOR/PARTNER/EXECUTIVE sFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE - $ II Mandatory in NH) f yes: describe under ESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ I I I ` DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROOF OF INSURANCE CE, CERTIFICATE HOLDER WELD COUNTY 1150 "O" STREET GREELEY, CO 80631 I 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 © 1988-20'15 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD O CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/2/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsernent(s). PRODUCER GEICO One GEICO Boulevard Fredericksburg, VA 22412 INSURED �NrSU R�}ED(� ACC ROOFING, INC_ 1713 E LINCOLN. AVE APT B-3 FORT COLLINS CO 80524-4727 COVERAGES CONTI:CT GEIC0 NNE: PHONE 1-866-50(34444 (NC. No, Ext): FAX (A/C, No): Erna" R1C►ONIVEM@GBCO.COM Address: INSURERS AFFORDING COVERAGE INSURER A: GOVERNMENT EMPLOYEES INSURANCE COMPANY INSURER B: INSURER C: INSURE -I D: INSURER E: INSURES' F: CERTIFICATE NUMBER: REVISION NUMBER: NAIC 22063 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSA LTA TYPE INSURANCE ! ADM_ INSRD ' S BR WVD Po CY NUMBER POLICY EXP 5 d{ DOI YY) LIMITS a, POLICY EFF (MM/ EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR DAMAGE TO RENTED $ PREMISES (Ea occurrence) MED. EXP (Any one person) $ i PERSONAL & ADV INJURY I GENERAL GEM_ AGGREGATE LIMIT APPLIES PER: AGGREGATE POLICY PROJECT I LOC PRODUCTS -- COMP/OP AGG. OTHER AUTOMOBILE INABILITY 9100155945 01 5123/2018 V23/2019 COMBINED SINGLE LIMIT $ 1' L'� `c'3, 00O (Ea accident) ANY AUTO BODILY INJURY (Per person) OWNFO AUTOS ONLY ' SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS ONLY NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ 9 UMBRELLA LIAB OCCUR i EACH OCCURRENCE EXCESS UAB CLAIMS -MADE AGGREGATE DED RE € ENTION $ f WORKERS' COMPENSATION AND E(VIPLOYERST LIABILITY Y / N N / A I PER STATUTE OTH- ER EL EACH ACCIDENT - $ ANY PROPRIETOR/ PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in N& I) If yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE -EA EMPLOYEE EL DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 15, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Planning & Health Building Roof Replacement; Bid (B1900059) As advertised, this bid is to replace the roof on the Planning and Health Department located at 1555 North 17th Avenue, Greeley, CO. The low bid from is from ACC Roofing Inc. meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to ACC Roofing Inc for $175,000. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director sia6 aol9-�aa� WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley, CO 80631 E -Mail: rturf(a weldgov.com E -Mail: reverettAweldgov.com E-mail: cmpeters(aweldgov.com Phone: (970) 400-4216, 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: MARCH 6, 2019 REQUEST FOR: PLANNING & HEALTH DEPARTMENT BUILDING - ROOF REPLACEMENT DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B1900059 PRESENT DATE: MARCH 11, 2019 APPROVAL DATE: MARCH 25, 2019 VENDOR TOTAL START DATE END DATE ACC ROOFING, INC 1713 E LINCOLN AVE, B-3 FORT COLLINS, CO 80524 WEDDLE & SONS 4301 S FEDERAL BLVD #116 ENGLEWOOD, CO 80110 $175,000.00 04/15/19 05/20/19 $182,662.00 05/01/19 05/31/19 SELECT ROOFING CONTRACTORS, LLC $186,491.00 06/2019 09/2019 2614 S. TIMBERLINE RD, UNIT 105182 FORT COLLINS, CO 80525 FRONT RANGE ROOFING SYSTEMS, LLC $190,408.00 04/01/19 05/17/19 222 13TH AVE GREELEY, CO 80631 COLORADO MOISTURE CONTROL $228,795.00 04/01/19 05/15/19 4950 E 56TH AVE COMMERCE CITY, CO 80022 TOP THAT COMMERCIAL ROOFING, INC $237,984.36 04/01/19 06/01/19 7348 S ALTON WAY BLG 9-1 CENTENNIAL, CO 80112 FARHA ROOFING, INC 616 N WASHINGTON ST DENVER, CO 80203 $239,488.00 04/01/19 06/01/19 HYTEK GENERAL CONTRACTING, INC $248,500.00 04/15/19* 05/06/19* 6000 E EVANS AVE #1-401 DENVER, CO 80222 CRW, INC 1850 W BAKER AVE ENGLEWOOD, CO 80110 $253,093.00 30 DAYS 45 DAYS FROM NTP 2019-1022 oh( 6Gooa PAGE 2 B1900059 - PLANNING & HEALTH DEPARTMENT BUILDING - ROOF REPLACEMENT VENDOR TOTAL START DATE END DATE ALPINE ROOFING LTD 4780 YORK ST DENVER, CO 80216 $253,475.00 04/08/19 05/24/19 COLORADO COMMERCIAL ROOFING, INC $291,569.00 04/15/19 04/29/19 4200 N WEBER ST COLORADO SPRINGS, CO 80907 NORTHWESTERN BUILDERS, INC $407,550.00 04/08/19 04/29/19 DBA, NORTH WEST ROOFING 2755 S LOCUST ST #200 DENVER, CO 80222 *WEATHER PERMITTING THE DEPARTMENT OF BUILDINGS & GROUNDS WILL REVIEW THE BIDS. 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