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Home My WebLink About20182499.tiffAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & U.S. ENGINEERING COMPANY ISLAND GROVE EXTENSION RTM REPLA EMENT THIS AGREEMENT is made and entered into thil ay of , 2011, by and between the County of Weld, a body corporate and politic of the State of Color do, and through its Board of County Commissioners, whose address is 1 150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and U.S. Engineering Company whose address is 1100 W. 120th Ave., Suite 900 Westminster, CO 80234 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: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and 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 Proposal (RFP) as set forth in "Proposal Package No. B1800130. The RFP contains all of the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. 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 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 Co my for periods longer than one year. 6e: (66 021/ 126 /-0 oeog-gi7L-99 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 any time with notice upon a 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 to, (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 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 for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, 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 shall require changes 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 between the 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 Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $54,500.00 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 by the Director of Weld 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 performs 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 perform as 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 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 after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent 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 County, 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 of its agents 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 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 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. 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 all the obligations and responsibilities which Contract Professional, 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 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 any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of 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 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 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"VIII or better. Should any of the above - described policies by canceled or should any coverage be reduced before 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 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 ofany 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 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. 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 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; $2,000,000 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, covering all operations hereunder set forth in 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 Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's 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 of County, 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 County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, 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: U.S. Engineering Company Attn.: Perry Morgan Account Manager Address: 1100 W. 120th Ave. Address: Westminster, CO 80234 E-mail: perry.morgan@usengineering.com Telephone: (303) 629-1244 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. 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 herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term 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 Professional's operations, or authorizes funding to Contract Professional. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, 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 an illegal alien who will perform 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 program procedures to undertake pre- 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 alien Contract Professional shall notify the subcontractor 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, 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 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 program. If Contract Professional 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, 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 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 that, if required 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 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 or person. Any provision to the contrary in this Agreement or incorporated herein by reference 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 and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 7th day of September , 2018. CONTRACT PROFESSIONAL: U.S. Engineering Company By: Name! Lyle Smith Title: General Manaqer Service Date September 7, 2018 WELD CO ATTEST. Weld BY: the Bo Deputy Cle t . the Boar BOARD OF COUNTY COMMISSIONERS WELDOUNTY, COLORADO Steve Moreno, Chair SEP 2 6 2018 020/, - o2 4-49 f" Y Nam A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: JULY 2, 2018 BID NUMBER: #81800130 DESCRIPTION: ROOF TOP UNIT REPLACEMENT- ISLAND GROVE EXTENSION DEPARTMENT: BUILDINGS & GROUNDS BID OPENING DATE: AUGUST 2, 2018 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: ROOF TOP UNIT REPLACEMENT - ISLAND GROVE EXTENSION A mandatory pre -bid conference will be held on July 19, 2018 at 11:00 AM, at the Island Grove Extension Building located at 525 N 15th Ave, Greeley, Colorado 80631. Bids WU be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107, Greeley, CO 80631 until: Thursday, August 2, 2018 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 TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at https://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. Did Delivery to Weld County - 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2 Mail or Hand Delivery Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it Please address to Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631 Please call Purchasing at 970-400-4222 or 4223 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department Each bid must give the full business address of bidder and be signed by him with his usual signature Bids by partnerships must furnish the full names of ail 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 comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein All designations and prices shall be fully and clearly set forth All blank spaces in the bid forms shall be suitably filled in Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms The Bid Proposal must be filled out completely, in detail, and signed by the Bidder 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 wntten request to and approval of the Weld 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 nght 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 4 SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C R S BID REQUEST #B1800130 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 under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: 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 other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. BID REQUEST #B1800130 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, nghts, 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 authonzation, 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 BID REQUEST #B1800130 Page 4 L Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days wntten notice Furthermore, this Agreement may be terminated at any time without notice upon a matenal breach of the terms of the Agreement M Extension or Modification- Any amendments or modifications, to this agreement shall be in wnting 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 wntten authonzation 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 nght in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors O Warranty- 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 contractors 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 pnor 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 BID REQUEST #B1800130 Page 5 Q Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions R Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature S Employee Financial Interest/Conflict of Interest — C.R S §§24-18-201 et seq. and §24-50-507 The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement County has no interest and shall not acquire any interest director indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder T Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement IS then capable of execution within the original intent of the parties U Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person Any provision to the contrary in the contract or incorporated herein by reference shall be null and void V Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee W Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authonzing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code X Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County 6. INSURANCE REQUIREMENTS General Requirements Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A M Best Company as "A" VIII or better Each policy shall contain a valid provision or endorsement stating "Should any of the above-descnbed policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested Such written BID REQUEST #B1800130 Page 6 notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior If any policy is in excess of a deductible or self - insured retention, County must be notified by the Successful bidder Successful bidder shall be responsible for the payment of any deductible or self -insured retention County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might anse 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 injunes 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 dunng 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 BID REQUEST #B1800130 Page 7 Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid Proof of Insurance: County reserves the nght 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 nghts 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 #B1800130 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: ROOF TOP UNIT REPLACEMENT - ISLAND GROVE EXTENSION OVERVIEW This bid is for the replacement of the Roof Top Units located at Island Grove Extension The Island Grove Extension Building is located at 525 N 15th Ave, Greeley, Colorado, 80631 SPECIFICATIONS This is a turn -key replacement project of the Roof Top Units and will include the following: 1 Removal of the old Roof Top Unit (RTU) and installation of new Roof Top Unit 2 Patching of roof as required for replacement 3 Replacement is to occur after-hours to avoid interruption to staff in building Normal hours are 8 AM to 5 PM, Monday through Fnday 4 Replacement RTUs must meet the minimum specification to maintain the same as the current units The current units are Trani # Model Serial Tonnage RTU #1 YCD090D4HCBE R17102012D 7 5 RTU #2 YCD048C4HCBF R17101467D 4 RTU #3 YCD060C4HCBF R17101500D 5 RTU #4 YCD036C4LCBE R17101437D 3 RTU #5 YCD036C4LCBE R17101442D 3 RTU #6 YCD048C4HCBF R17101462D 4 5 The system will be set up to utilize the current control system same capacity, which is a standalone with conventional thermostat 6 The projected contract date is expected to be August 21, 2018 Based on this date, provide expected start and finish dates 7 Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements 8 Performance bond is required 9 Bidder is expected to enter into a contract Sample attached 10 These units are Trane units 11 Voltage is 480 -volt A mandatory pre -bid conference will be held on July 19. 2018 at 11:00 AM, at the Island Grove Extension Building located at 525 N 15th Ave, Greeley, CO. Bids will be received up to, but not later than August 2.2018 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). TOTAL BID $ START DATE FINISH DATE BID REQUEST #B1800130 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. #B1800130. 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 FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **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 Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B1800130 Page 10 EXfrsai-s "e SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING - ROOF TOP UNIT REPLACEMENT - ISLAND GROVE EXTENSION OVERVIEW This bid is for the replacement of the Roof Top Units located at Island Grove Extension The Island Grove Extension Building is located at 525 N 15th Ave, Greeley, Colorado, 80631 SPECIFICATIONS This is a turn -key replacement project of the Roof Top Units and will include the following 1 Removal of the old Roof Top Unit (RTU) and installation of new Roof Top Unit 2 Patching of roof as required for replacement 3 Replacement is to occur after-hours to avoid interruption to staff in building Normal hours are 8 AM to 5 PM, Monday through Friday 4 Replacement RTUs must meet the minimum specification to maintain the same as the current units The current units are Trane # Model Serial Tonnage RTU #1 YCD090D4HCBE R17102012D 7 5 RTU #2 YCD048C4HCBF R17101467D - 4 RTU #3 YCD060C4HCBF R17101500D 5 RTU #4 YCD036C4LCBE R17101437D 3 RTU #5 YCD036C4LCBE R17101442D 3 RTU #6 YCD048C4HCBF R17101462D 4 5 The system will be set up to utilize the current control system same capacity, which is a standalone with conventional thermostat 6 The projected contract date is expected to be August 21, 2018 Based on this date, provide expected start and finish dates 7 Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements 8 Performance bond is required 9 Bidder is expected to enter into a contract Sample attached 10 These units are Trane units 11 Voltage is 480 -volt A mandatory pre -bid conference will be held on July 19, 2018 at 11:00 AM, at the Island Grove Extension Building located at 525 N 15th Ave, Greeley, CO Bids will be received up to, but not later than August 2.2018 at 10 00 AM (WELD COUNTY PURCHASING TIME CLOCK). TOTAL BID $ 54,500 00 START DATE September 29, 2018 FINISH DATE October 1.2018 BID REQUEST #B1800130 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 #61800130 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 U S Engineering Company BUSINESS ADDRESS 1100 W 120th Ave., Suite 900 CITY, STATE, ZIP CODE Westminster. CO 80234 TELEPHONE NO 303 629 1244 FAX N/A TAX ID # 44-0470840 PRINTED NAME AND TITLE Perry Morgan. Account Manager (710) 3(10 — f 1Q '3 SIGNATURE h,„i ;J E-MAIL Perry Morgannusengpneennq corn DATE - August 2, 2018 **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 Steve Moreno, Chair APPROVED AS TO SUBSTANCE Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B1800130 Page 10 corm WM 9 (Rev November2017) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification - Go to www us gov/FormW9 for instructions and the latest information Give Form to the requester Do not send to the IRS Print or type See Specific Instructions on page 3 1 Name (as shown on your income tax return) Nemo is required on this line do not leave this line blank U S Engineering Company 2 Business name/disregarded entity name, if different from above 3 Check appropnate box for federal tax classification of the person whose name is entered on line I Check only one of the following seven boxes IndivlduaVsole propnetor or 0 C Corporation • S Corporation Partnership Iii Trust/estate single -member LLG 4 Exemptions (codes apply only to certain entities, not individuals, see instructions on page 3) Exempt payee code (it any) ■ Limited liability company Enter the tax classification (C=C corporation S=S corporation P=Partnership) ',- Note Check the appropriate box in the line above for the tax classification of the single -member owner Do not check LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U S federal tax purposes Otherwise, a single -member LLC that Exemption from FATCA reporting code (if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner MI Other (see instructions) © 'hpahas to xroums ma nre.wa w,rrae he US ) 5 Address (number street and apt or suite no } See instruotlens 1100 West 120th Avenue, Suite 900 Requesters name and address (optional) 6 City, state, and 21P code Westminster, CO 80234 7 List account number(s) here (optional) 7,E)Artir Taxpayer Identification Number (TIN) Enter your TIN in the appropnate box The TIN provided must match the name given on line 1 to avoid I Social socunty number backup withholding For individuals, this is generally your social security number (SSN) However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later For other entities it is your employer identification number (EIN) If you do not have a number, see How to get a - - TIN, later Note If the account is in more than one name, see the instructions for line 1 Also see What Name and Number To Give the Requester for guidelines on whose number to enter or Employer Identification number 4 4 0 4 7 0 8 4 0 fPartll Certification Under penalties of perjury, I certify that 1 The number shown on this form is my correct taxpayer identification number (or I am waiting 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 failure 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 code(s) 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, item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contnbutions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, youre got required to sign the certification, but you must provide your correct TIN See the instructions for Part II, later Sign Here Signature of U S person f> General Instructions Section references are to the Internal Revenue Code unless otherwise noted Future developments For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www irs gov/FormW9 Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report an an information return the amount paid to you, or other amount reportable on an information return Examples of information returns include, but are not limited to, the following • Form 1099-INT (interest earned or paid) Data — 1p— 12, • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only it you are a U S person (including a resident alien), to provide your correct TIN If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding See What is backup withholding, later Cat No 10231X Form W-9 (Rev 11-2017) U.S. ENGINEERING COMPANY Mechanical Con rartor Since 1893 ECHA KCAL El PR POSAL 1100 W 120th Ave Suite 900 Westminster CO 80236 P 303 62° 1244 24 HOUR SERVICE 303 264 5040 usengineering corn 7DATE 4. NTIROTN �,x 3' Dear Mr Moreno, August 1, 2018,` . Weld County Purchasing Department ,.. x . �-fiF�- 'StevePMoreho Bid #B1800130 RTU Replacement — Island Grove Extension We are pleased to submit our proposal to furnish all labor and materials for the complete installation of all scope per the request for bid for the above named project Our pricing was prepared in accordance with the following as prepared by listed consultants lgrf'r: _ • Ftl. sAr,•ehtect ti. Engineer:" iOrawingsz.r, _x y Add end a miIKQ::- r SalessTaz°f :ry'? " - `Pernhit;Fees; •' 7"`Dwratton -:, t�OnBr, t None RFP dated July 2, 2018 98iA #1, ;8,#2 2 Exempt •• Y .r 1 ,. 6, , it S ar f ' S_ tSc -++ bG'.�.Ieu42 1i1�{.rt_:YY :� ; r ,Excluded _~' 1 Week WarrarrI ys:„.; � Year �: ; .,` Base Bid Mechanical & Plumbing $53,440.00 Add Payment & Performance Bond: 0 95% Thank you for the opportunity to present this proposal We look forward to completing this project with you Sincerely, U S Engineering Company Perry Morgan, Account Manager 303 629 1244 Perry Morgan©usengineering corn BUILD SOLVE EVOLVE U S. ENGINEERING COMPANY d Ccntr, tar b ,' I09'3 SCOPE 1) Evacuate oil and refrigerant from (6) existing RTU's and dispose of per EPA guidelines 2) Disconnect line voltage electrical and control wiring 3) Disconnect gas piping 4) Remove (6) RTU's from roof and haul from site 5) Provide (6) RTU's with curb adaptors, where necessary 6) Provide new electrical disconnects 7) Connect existing line voltage wiring to new disconnects 8) Connect existing control wiring to new RTU's 9) Connect natural gas piping to new RTU's 10) Provide (6) new thermostats 11) Provide startup and verification of proper operation of RTU's 12) Provide equipment hoisting QUALIFICATIONS 1) Pricing does not include repair/refurbish of existing equipment not replaced 2) Pricing does not include any painting — including painting of natural gas piping, ductwork, mechanical supports, etc 3) Pricing does not include fire protection in its entirety 4) Pricing does not include bringing building up to current code 5) Pricing does not include dust control or containment *This proposal may be withdrawn if not accepted within thirty (30) days after the bid date 1) The Owner will provide staging area within the construction jobsite for use by the Mechanical Contractor for jobsite trailers and to store matenals 2) U S Engineenng Company will remove our rubbish and mechanical related debris No cleanup back charges will be accepted without a forty-eight (48) hour wntten notice prior to another contractor cleaning the affected areas A dumpster will be provided for rubbish at no cost to U S Engineering Company 3) Progress payments for work performed including proceed orders will be paid monthly based on approved percentage of completion 4) U S Engineenng Company Conditional Lien Releases (if required) shall be acceptable for progress payments We will provide Unconditional Lien Releases upon final payment The supplying of these releases is not a condition of payment 5) U S Engineenng Company reserves the right to negotiate the terms and conditions of the contract 6) Our prices are based on the Owner providing a clean, clear, accessible, safe and secure work area 7) Schedule We will provide a schedule of our activities This schedule will be coordinated with respect to other activities, access requirements and durations Our schedule will be incorporated in a mutually agreed upon construction schedule that is to be prepared in advance of construction This construction schedule will provide for establishing work sequence by the dates set forth in the Documents We will not be bound to any schedule in which we have not fully participated Further, we will not allow our work activities to be compressed due to the schedule slippage of other trades for which we are not responsible 8) We have not included any cost for the identification, testing, removal and disposal of any existing jobsite hazardous material which may be found dunng the course of construction of this project We exclude all costs associated with any medical treatment or monitoring required as a result of exposure of our personnel to hazardous matenals If a hazardous material is discovered during the normal course of our work, we will be reimbursed for all the down time and relocation costs involved 9) We have included quality pipe welds that are fully qualified by ASME section IX and that will be visually inspected by our supervisory personnel The costs of x-rays or x-ray compliant welds have been excluded 10) This proposal is based on the providing and installing the materials specified in accordance with the plans and details shown on the drawings Our responsibility is limited to the following A) Adherence to vibration and seismic requirements, noise level criteria or harmonic distortion limits as specifically detailed or descnbed in the contract documents B) Adherence to referenced material, documents and publications as they are incorporated in the design documents by specific specification or detail 11) Where drawings, specifications, or details in the bid documents show installations or methods not normally in compliance with the local code authority, we assume that an application for a variance has been made and approved prior to our notice to proceed 12) Any power requirements for our tools or equipment will be accessible with the use of a maximum 100' extension cord 13) Our proposal is based upon US Engineering Company safety standards 14) Unless otherwise indicated, costs for small tools shall be charged at 5% of labor costs and safety costs shall be charged at 2% of labor costs 15) Cost of 3D modeling, coordination drawings or as-builts is not included BUILD SOLVE EVOLVE U S Engineering is thrilled to nave this opportunity to submit our prcoosnl for this project We look forward to 4\ of king with you ro deliver solutions that will ultimately lead to a successful project. For Further information or questions please contact Perry Morgan 303 629 1244 Perry Morgan©usengineenng corn MUNICIPALITY'ITEMS Permits Taxes Bond 4 Inspection Development Fees Construction Storm Water Management ❑ inclusions SUBCONTRACTOR iTENIS Asbestos/Hazardous Waste Removal Electrical Work Painting _ Temperature Control Pipe Insulation Duct Wrap Balancing __— ___IVA_C Piping _- _ Natural Gas Piping Process Piping _ Sheet Metal Work (for mechanical only) Fire Protection Site Utilities Engineering_ Commissioning • Inclusions TEMPORARY `FACILITIES Toilets — — Water _' Heat, Fuel, Cooling Power Lighting Filters for temporary heating, cooling or ventilation_ _ _ _ _ _ _ Inclusions ;GENERAL TRADE ITEMS our work onl Material hoisting r Formed _ Concrete Dumpster Dust/Smoke/Noise Abatement Ceiling Removal & Replacement Roof Cut & Patch Fire Proofing Repair Fire Caulking _ Sound Caulking _ Floor Covering Removal & Replacement I_.I Concrete Floor Saw Cut & Patch Exclusions Inclusions Core Drilling Seismic Restraints Wall, Floor, Ceiling Protection Exterior Finish Louvers Security Busing Demolition Concrete X -Rays U S ENGINEERING COMPANY Exclusions' Exclusions Exclusions NOTES NOTES NOTES NOTES EITILITYYITEIUIS.(:ourrwork;onl` _Excavation and Backfill for Our Work Asphalt Cut and Patch Concrete Cut and Patch Compaction Testing _D_ew_atenng_ _ _ Landscape Repair and Replacement Temporary Fenc_ng and Barricades ~Rock Excavation/Removal of Underground _ Obstacles ^ _ Spoils Removal (Our Work Only) Tap Fee Perimeter Drain lncl.Usions NOTES' MISCELLANEOUS ITEMS _Glycol_ _ _ - - M Fuel Oil Fill Welding Radiography Temporary Filters Overtime Work _ _ VVShift Work — ^ ^ - w — Cleanup of Mechanical Work Builders Risk Insurance Heat Trace U S ENGINEERING COMPANY „InclusIOns '2 Exclusions' Exclusions' AWR®® CERTIFICATE OF LIABILITY INSURANCE 7/31/2019 DATE (MM/DD/YYYY) 9/6/2018 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 pollcy(les) 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 Lockton Companies 444 W 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 NAME CONTACT PHONE I FAX (A/C. No, Ext) I (NC, No) E MAIL ADDRESS INSURER(S) AFFORDING COVERAGE NAIC # INSURER A Liberty Mutual Insurance Company 23043 INSURED U S ENGINEERING COMPANY 1354733 1100 W 120TH AVE, SUITE 900 WESTMINSTER CO 80234 INSURER B St Paul Fire and Marine Insurance Company 24767 INSURER C INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 15595281 REVISION NUMBER XXXXXXX 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 LTR TYPE OF INSURANCE ADDL SUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y TB5-Z91-457358-018 7/31/2018 7/31/2019 EACH OCCURRENCE $ 2,000,000 CLAIMS MADE X OCCUR DAMAGE TRENTED PREMISESO(Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 GEN - L AGGREGATE LIMIT APPLIES PRO - X PER LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 $ A AUTOMOBILE X _ LIABILITY ANY AUTO AOUTOSD ONLY HIRED AUTOS ONLY _ SCHOS EDULED NON -OWNED AUTOS ONLY Y Y AS7-Z91-457358-038 7/31/2018 7/31/2019 COMBINED SINGLE LIMIT a accident) $ 1,000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX Comp/Coll Deds $ 2,000 B _ X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y I Y I ZUP-31M37065-18-NF 7/31/2018 7/31/2019 EACH OCCURRENCE $ 5,000,000 $ 5,000,000 AGGREGATE DED I I RETENTION $ $ XXXXXXX A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes descnbe under DESCRIPTION OF OPERATIONS below Y/N N N / A I Y WA2-Z9D-457358-028 7/31/2018 7/31/2019 ERH X_I_STATUTE PER I I E E L EACH ACCIDENT $ 1,000,000 $ 1,000,000 E L DISEASE EA EMPLOYEE E L DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule may be attached if more space is required) COUNTY OF WELD IS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY, AUTO LIABILITY EXCESS LIABILITY AS REQUIRED BY WRITTEN CONTRACT WAIVER OF SUBROGATION APPLIES IN FAVOR OF THE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY, AUTO LIABILITY EXCESS LIABILITY AND WORKERS COMPENSATION COVERAGE AS REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW FOR CANCELLATION FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM, TFIE INSURER(S) WILL SEND 30 DAYS NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER CERTIFICATE HOLDER CANCELLATION 15595281 COUNTY OF WELD 1150 O STREET GREELEY CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIV /11 © 198812015 ACORD CORPORATION All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 August 8, 2018 To: Board of County Commissioners From: Toby Taylor Subject: Roof Top Unit Replacement — Island Grove Extension; Bid (B1800130) As advertised, this bid is for replacing the roof top units for the office portion of the Island Grove Extension Building. The low bid from is from U. S. Engineering Company and meets specifications. Therefore, Buildings 8c Grounds is recommending the bid be awarded to U. S. Engineering Company for $54,500. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director c61$ - olicl ,3gDba1O WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: rturf(a7weldoov.com E -Mail: reverett(cr�weldgov.com E-mail: cmoeters(c�weldgov.com Phone: (970) 400-4216, 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: AUGUST 2, 2018 REQUEST FOR: ROOF TOP UNIT REPLACEMENT - ISLAND GROVE EXTENSION DEPARTMENT: BUILDINGS & GROUNDS BID NO: #61800130 PRESENT DATE: AUGUST 6, 2018 APPROVAL DATE: AUGUST 20, 2018 VENDOR TOTAL START DATE END DATE U.S. ENGINEERING COMPANY $54,500.00 09/29/18 10/01/18 1100 W 120TH AVE, SUITE 900 WESTMINSTER, CO 80234 AMERICAN MECHANICAL SERVICES OF DENVER, LLC 6810 S TUCSON WAY CENTENNIAL, CO 80112 $59,610.00 10/12/18* *TENTATIVE 10/16/18* COLORADO MECHANICAL SYSTEMS, INC. $59,800.00 09/28/18 10/03/18 7094 SOUTH REVERE PARKWAY CENTENNIAL, CO 80112 RK MECHANICAL $93,000.00 10/20/18 10/27/18 3800 XANTHIA ST DENVER, CO 80238 HARRIS CONSTRUCTORS INC. $98,433.47 09/22/18 10/01/18 3005 W. 29TH STREET, UNIT C GREELEY, CO 80631 WESTCO SYSTEMS, INC. LATE BID 7396 LOWELL BLVD WESTMINSTER, CO 80030 The Department of Buildings & Grounds will review the bids. 2018-2499 g/le Hello