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Home My WebLink About20181261.tiffAA,t,:t_e iv -/ger,P AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & L.O.S.T. CONSTRUCTION INC DACONO METAL STORAGE SHu�D �y THIS AGREEMENT is made and entered into this .R/' ay of , 2010_, by and between the County of Weld, a body corporate and politic of the State of olorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, reeley, Colorado 80631 hereinafter referred to as "County," and L.O.S.T. Construction Inc whose address is 10612 W. 44th Avenue Wheatridge, CO 80033, hereinafter referred to as "Contract Professional". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibit A; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1800083". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in the Exhibits which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement YaU, /ef/a/P) f‘s5z)J AwkopL, 3h DM by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A&B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $47,675.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty_ Contractor warrants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. This paragraph shall survive expiration or termination hereof. Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Pollution Liability: Contractor/Contract Professional shall provide Pollution Liability Insurance if/when it is found that soil has been contaminated. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub - vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: L.O.S.T. Construction Inc Attn.: Benito Martinez Address: 10612 W. 44th Avenue Address: Wheatridge, CO 80033 E-mail: ben-lost@comcast.net Telephone: (303) 761-2060 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law. (h) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101. et seq.. and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be hound 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 /e, day of .2018 CONTRACTOR: L.O.S.T. Constr ction Inc By.. Name: Title: Date —l8 WELD COU ATTEST: Weld BY: Clerk to t - BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy CI rk to the B.� �i�1�t,+` %`�! ve Moreno, hair APPROVED AS TO FUNDI Controller APP OVED County Attorney TO FORM: MAY 21 2018 TO SUBSTANCE: Elect 6,.Official or Department Hpad Di Le9t/or of GeneraY Sery ces BOARD OF COUNTY COMMISSIONERS WELD COI'NTY. COLORADO 01.0 /8- /a6 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: MARCH 19, 2018 BID NUMBER: B1800083 DESCRIPTION: DACONO METAL STORAGE SHED MANDATORY PRE -BID CONFERENCE DATE: APRIL 4, 2018 BID OPENING DATE: APRIL 18TH, 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: DACONO METAL STORAGE SHED A mandatory pre -bid conference will be held at 11:00 a.m., on April 4th, 2018, at the Weld County Building Site. The Weld County Building is located at 5510 Hwy 52, in Dacono, CO 80514. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: (10:00AM) on (Wednesday, April 18th) (Weld County Purchasing Time Clock) PAGES 1 - 11 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 11 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 11. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified herein. You can find information concerning this request at two locations: On the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under "Current Requests". And, on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County — 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weIdg ov. 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. B1800083 1 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 all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter The name of each person signing shall also be typed or printed below the signature A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished All corrections or erasures shall be initialed by the person signing the' bid All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein All designations and prices shall be fully and clearly set forth All blank spaces in the bid forms shall be suitably filled in Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director, said request being received from the withdrawing bidder prior to the time fixed for award Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded Late or unsigned bids shall not be accepted or considered It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1 , entitled, "Notice to Bidders " Bids received prior to the time of opening will be kept unopened in a secure place No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County The bid(s) may be awarded to more than one vendor Terms Defined Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT, Standard Specification for Road and Bridge Construction, Section 101 Qualification of Bidders Qualification statements, attached with this document, are required to be completed by Bidders If requested by Weld County, a Statement of Qualifications will be completed for the Subcontractors listed by the Contractor within 72 hours of the request Failure to submit qualifications may be cause for rejection of Bids The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids Experience and performance records on similar work Ability to complete the Work within the Contract Time Familiarization with the Work Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of B1800083 2 the expense and difficulties attending performance of the Work The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph Interpretation of Contract Documents to Prospective Bidders Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record Unless approved by the Controller/Purchasing Director, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda Preparation of the Bid Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms The Bid Proposal must be filled out completely, in detail, and signed by the Bidder Bids by partnerships must be executed in the partnership name and signed by a partner His title must appear under his signature and the official address of the partnership must be shown below the signature Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary The corporate address and state of incorporation shall be shown below the signature Names of all persons signing must be printed below their signatures A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder Modification or Withdrawal of Bid Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened The Coniroller/Putrhasng DQedx r may at her sole discretion, release any Bid at any time 4. AWARD AND EXECUTION OF CONTRACT Basis of Award Only firm Bids will be considered The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests The County reserves the right to waive informalities and/or irregularities and to reject any or all bids Evaluation of Bids The evaluation of Bids will include consideration of Subcontractors and suppliers All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms Contract Execution The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award The Certificate of Insurance shall name Weld County as additional insured Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids The County, within ten (10) days of receipt of acceptable Performance Bid, Labor & Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed B1800083 3 In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County The County may require a separate contract, which if required, has been made a part of this RFP 5 PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract 6 INDIRECT COSTS Governmental Fees The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price Royalties The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price Utilities Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sanitary, ga f6fephone, and similar facilities and services required by him in performing the Work Cash Allowances The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents 7 SITE CONDITIONS Familiarization with the Site The prospective Bidder shall by careful examination, satisfy himself of the following Nature and location of the site where the Work is to be performed Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered Character of construction equipment and facilities needed for performance of the Work General local conditions Availability of lands as set forth in the General Conditions Access to the Site The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work The Bidder shall carefully review the locations of the site where the work is to be performed The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work 8 SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C R S 81800083 4 §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. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Confidential Information: Confidential information of the bidder should 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. If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will withhold any information which is clearly marked CONFIDENTIAL and submitted separately. 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. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents B1800083 5 and employees for all acts performed pursuant to the contract Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County E Compliance with Law The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices F Choice of Law Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void G No Third -Party Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only H Attorney's Fees/Legal Costs In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder I Disadvantaged Business Enterprises Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award J Procurement and Performance The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project The successful bidder shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement K Term The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid L Termination County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement B1800083 6 M Extension or Modification Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, The successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed N Subcontractors The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors O Warranty_ Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance This warranty shall commence on the date of County's final inspection and acceptance of the Project P Non -Assignment The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder Such consent may be granted or denied at the sole and absolute discretion of County Q Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions R Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature S Employee Financial Interest/Conflict of Interest — CRS §§24-18-201 et seq and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests During the term of this Agreement, the successful bidder shall not engage in any 81800083 7 in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder T Severability If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties U Compliance with Davis -Bacon Wage Rates The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis- Bacon Wage Rates V Board of County Commissioners of Weld County Approval This Agreement shall not be valid until it has been approved by the Board of County Commissioners W Compensation Amount Upon the successful bidder's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement 10 INSURANCE REQUIREMENTS General Requirements Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request Successful bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A M Best Company as "A" VIII or better Each policy shall contain a valid provision or endorsement stating "Should ,any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder/Contract Professional Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self -insured retention County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The successful bidder/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem B 1800083 8 necessary to cover its obligations and liabilities under this Agreement Any modification to these requirements must be made in writing by Weld County The successful bidder stipulates that it has met the insurance requirements identified herein The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies INDEMNITY The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its construction methods or procedures, or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree This paragraph shall survive expiration or termination hereof It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County A failure to comply with this provision shall result in County's right to immediately terminate this Agreement Types of Insurance The successful bidder/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's Contract Professional's employees acting within the course and scope of their employment Policy shall contain a waiver of subrogation against the County This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act , AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form Minimum Limits Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured — owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured — owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above "Weld County, 'its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows B1800083 9 $1,000,000 each occurrence, $2,000,000 general aggregate, $2,000,000 products and completed operations aggregate, $1,000,000 Personal Advertising injury $50,000 any one fire, and $500,000 errors and omissions $5,000 Medical payments one person Automobile Liability. Successful bidder/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name County as an additional insured Waiver of Subrogation For all coverages, Successful bidder/Contract Professional's insurer shall waive subrogation rights against County Subcontractors All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder/Contract Professional Successful bidder/Contract Professional shall include all such subcontractors, independent contractors, sub - vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages Successful bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage Professional Liability Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the successful bidder as part of the Contract Successful Bidders Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the successful bidder described in the Successful bidder's scope of services Policy shall cover B1800083 10 the successful bidder's completed operations Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos) If the coverage is written on a claims -made basis, the successful bidder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed The policy shall be endorsed to include the following as Additional Insureds "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" Minimum Limits. Per Loss $ 1,000,000 Aggregate $ 1,000,000 The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement Those documents are specifically incorporated herein by this reference B1800083 11 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: WELD COUNTY DACONO METAL STORAGE SHED Weld County is seeking proposals for a turn -key installation a metal shed at the Weld County building located at 5510 Hwy 52, Dacono, CO 80514. Scope of work: The project consists of one 10 -foot wide by 30 -foot long metal building, a concrete pad & flatwork to include the following: 1. One 10' wide by 30' long metal building. The building shall have three 10' wide by 10' long storage bays separated by a demising wall constructed of the same materials as the rest of the building. 2. New building shall be located 12' from the existing building on the south side. 3. Colors of the building shall be earth -tone from standard color palate that blends with existing building. If manufacture's standard color palate does not allow this, then a custom color may be required. 4. The height of the ceiling must be 9' tall (minimum). 5. One overhead door measuring 8'wide x 9'tall shall be provided for each 10' wide by 10' long bay (three doors total). Doors need to be lockable from the outside. 6. Power, insulation and HVAC is NOT required. 7. Flashing and sealants as required to provide dry storage. 8. Foundations shall be installed per manufacturer's specifications and approved County Planning Services 9. Interior concrete floor: a. Concrete thickness & reinforcement per shed manufacturer's specification (4" minimum) b. Floor shall be sloped to the rear of each bay. c. There shall be a 4" curb at the back of each bay. d. In front of the curb, there shall be a trench drain / collection basin e. At each bay entrance there should be a 2' wide by 10' foot concreted curb with a maximum height of 3" tall. 10. There shall be a 4" thick 12' x 30' reinforced concrete apron in front of overhead doors. This apron shall also be extended to the east edge of the current building so, it is contiguous. This will require demolition of existing concrete apron/sidewalk. 11. Permit is required through Weld County Building and Planning. Fees will be waived. 12. Grading/Earthwork is the responsibility of the contractor. 13. Weld County is tax exempt. 14. Fees shall be provided with full design, earthwork and installation of building. TOTAL $ A mandatory pre -bid conference will be held on April 4, 2018 at 11:00 AM, at the Weld County Building located at 5510 Hwy 52, Dacono, CO 80514. Bids will be received up to, but not later than April 18, 2018 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). B1800083 12 9'tall by 8' wide doors Building 12' from existing. Extend new Concrete Apron To east corner of existing building * The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment.) B1800083 13 The undersigned, by his or her signature, hereby acknowledges and represents that: 1 The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #B1800083. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY BUSINESS ADDRESS (Please print) CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE DATE FAX TAX ID # E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 - 11. B1800083 14 1Ix SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING WELD COUNTY DACONO METAL STORAGE SHED Weld County is seeking proposals foi a turn -key installation a metal shed at the Weld County building located at 5510 Hwy 52 Dacono CO 80514 Scope of work The project consists of one 10 -foot wide by 30 -foot long metal building a concrete pad & flatwork to include the following 1 One 10 wide by 30' long metal building The building shall have three 10' wide by 10 long storage bays separated by a demising wall constructed of the same materials as the rest of the building 2 New building shall be located 12 from the existing building on the south side 3 Colors of the building shall be earth -tone from standard color palate that blends with existing building If manufacture's standard color palate does not allow this, then a custom color may be required 4 The height of the ceiling must be 9' tall (minimum) 5 One overhead door measuring 8"wide x 9 tall shall be provided for each 10' wide by 10' long bay (three doors total) Doois need to be lockable from the outside 6 Power insulation and 1-IVAC is NO I required 7 Flashing and sealants as required to provide dry storage 8 Foundations shall be installed per manufactuier s specifications and approved County Planning Services 9 Interior concrete floor a Concrete thickness & reinforcement per shed manufacturer's specification (4- minimum) b Floor shall be sloped to the rear of each bay c There shall be a 4 curb at the back of each bay d In front of the curb, these shall be a trench drain / collection basin e At each bay entrance there should be a 2 wide by 10' foot concreted curb with a maximum height of 3 tall 10 Theie shall be a 4" thick 12 x 30' reinforced concrete apron in front of overhead doors This apron shall also be extended to the east edge of the current building so it is contiguous This will require demolition of existing concrete apron/sidewalk 11 Peimit is required through Weld County Building and Planning Fees will be waived 12 Grading/Earthwork is the responsibility of the contractor 13 Weld County is tax exempt 14 Fees shall be provided with full design, earthwoik and installation of building TOTAL A mandatory pre -bid conference will be held on April 4, 2018 at 11:00 AM, at the Weld County Building located at 5510 Hwy 52, Dacono, CO 80514. Bids will be received up to, but not later than April 18, 2018 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). 81800083 12 ding i2 from existin.z, . * The successful vendor is required to sign a separate contract (a sample contract is included as a separate attachment) 8180©08.3 Extend new Concrete Apron To east corner of existing building 13 The undersigned, by his or her signature, hereby acknowledges and represents that 1 The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No #B1800083 2 The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes 3 He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets 4 The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract with the contract date being the date of formal acceptance of the bid by Weld County 5 Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County The bid(s) may be awarded to more than one vendor FIRM L C S 1 u ✓t rC c �I BY _ E� 14-o 1 \ CE v `k r Vj E (Please print) BUSINESS 1 ADDRESS I (0 ( 1-`' 1t DATE - - CITY, STATE, ZIP CODE u:- ./tCt'% i Ci C* - TELEPHONE NO C3-1(. C. 0(oC) FAX C - '2.40 TAX ID # -t 1O4 SIGNATURE' 67, L-7" E-MAIL in - c`k h. O04V�COs heT **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000 DO NOT NEED TO SEND BACK PAGES 1 -11 81800083 14 Form ®j (Rev November2017) Department of the Treasury Internal Revenue Service Request for Taxpayer d Number identific•-tion umber and Certification ii> Go to ieww.rrs 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) Name is required on this line do not leave this line blank L O S T CONSTRUCTION, INC 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on fine 1 Check only one of the following seven boxes 4 Exemptions certain entities instructions Exempt payee Exemption cod= ;r` aw) to awevnrs icodes apply only to not Individuals see on page 3) code (if any) in Individual/sole proprietor or IMI C Corporation ❑ S Corporation • Partnership ■ Trust/estate single -member LLC company Enter the tax classification (C=C corporation S=S corporation P=Partnership) appropriate box in the line above for the tax classification of the single -member owner Is classified as a single -member LLC that Is disregarded from the owner unless the owner ,s not disregarded from the owner for U S federal tax purposes Otherwise, a single from the owner should check the appropriate box for the tax classification of its owner e. I. • Limited liability from FATCA reporting Note Check the LLC if the LLC another LLC that is disregarded Do not check of the LLC is -rembe- LLC mat m•Ntw,erf a,hMe are u s , Il Other (see Instructions) 5 Address (number street, and apt or suite no ) See instructions P O Box 2260 Requester s name and address (optional) 8 City, state, and ZIP code Arvada, Colorado 80001 7 Ust account number(s) here (optional) °<- t4laq Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box The TIN provided must match the name given on litre 1 to avoid Social security number backup withholding For individuals, this is generally your social security number (SSN) However, for a resident alien, sole propnetor, 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 8 4 t 0 4 5 0 3 4 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, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN See the instructions for Part II, later Sign Here Signature of U S person ► 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 arter 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 (MN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return Examples of infomiation returns include, but are not limited to, the following • Form 1099-INT (interest earned or paid) Date ® L7/'— ,/04-' • 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 if 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) ' Rose Everett From: Sent: To: Subject: Attachments: Ben <ben-lost@comcast net> Wednesday, April 18, 2018 9 46 AM bids Bid Dacono Metal Storage Shed Bid_9 zip Bid Attached I hereby waive my right to a sealed bid Ben Martinez L O S T Construction, Inc 1 Ac ®® /�®/R CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/10/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER Arthur J Gallagher Risk Management Services, Inc 700 17th Steet Suite 675 Denver CO 80202 CONTACT NAME PHONE 303-295-1700 I tA/CFAX . Not 303-295-2121 (A/C_Ho, Fit) E MAIL ADDRESS. INSURER(S) AFFORDING COVERAGE NAIC # INSURERA United Fire & Casualty Company 13021 INSURED LOSTCON-01 L O S T Construction, Inc P O Box 2260 Arvada CO 80001-2260 INSURERB Pinnacol Assurance Company 41190 INSURER C INSURERD INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 1336229887 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) 4/1/2018 POLICY EXP (MM/DD/YYYY) 4/1/2019 LIMITS A X COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE CG7103 Al & WOS X OCCUR GEN L AGGREGATE LIMIT APPLIES PER PRO- JECT POLICY OTHER X LOC 60489001 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $1 000 000 MED EXP (Any one person) $100 000 $5,000 PERSONAL & ADV INJURY $1 000 000 GENERAL AGGREGATE $2 000 000 PRODUCTS - COMP/OP AGG $2 000 000 $ A AUTOMOBILE LIABILITY ANY AUTO X OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON OWNED AUTOS ONLY AUTOS ONLY 60489001 4/1/2018 4/1/2019 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $1 000 000 $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ $ A B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS MADE DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED'? (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below Y/N N/A 60489001 1943970 4/1/2018 4/1/2018 4/1/2019 4/1/2019 EACH OCCURRENCE $2,000 000 AGGREGATE $2 000 000 X I STATUTE I I OH ER E L EACH ACCIDENT $ $500 000 E L DISEASE - EA EMPLOYEE $500 000 E L DISEASE - POLICY LIMIT $500 000 A Rented/Leased Equip 60489001 4/1/2018 4/1/2019 $500 ded 25 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached d more space is required) Weld County named as additional insured (General Liability and Umbrella Liability), if required by written contract, as respects work/services performed by the Insured on behalf of the certificate holder Waiver of Subrogation applies in favor of Weld County on the General Liability, Auto Liability, Umbrella & Workers Compensation coverage, as required by written contract CANCELLATION Weld County Board of County Commissioners 1105 H Street Greeley CO 80632 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 April 23, 2018 To: Board of County Commissioners From: Toby Taylor Subject: Dacono Metal Storage Shed; Bid (B1800083) As advertised, this bid is for an construction a storage shed at the Dacono facility which houses the Household Hazardous Waste and Grader Shed. The low bid from is from L.O.S.T Construction Inc. and meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to L.O.S.T Construction Inc. for $47,675. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 5h a08-tael .6toc DATE OF BID: APRIL 18, 2018 REQUEST FOR: DACONO METAL STORAGE SHED DEPARTMENT: BUILDINGS & GROUNDS DEPT BID NO: #B1800083 PRESENT DATE: APRIL 23, 2018 APPROVAL DATE: MAY 7, 2018 VENDOR L.O.S.T. CONSTRUCTION INC 10612 W. 44TH Avenue Wheatridge CO 80033 DAN'S CUSTOM CONSTRUCTION 20905 Weld County Road 2 BRIGHTON CO 80603 LANDMARK BUILDERS INC 3812 Carson Avenue Evans CO 80620 BLDGS & GROUNDS WILL REVIEW THE BIDS. WELD COUNTY PURCHASING 1150 O Street Room #107, Greeley CO 80631 E-mail: rturf(a�weldgov.com E-mail: reverett(a�weldgov.com E-mail: cmpeters(a�weldgov.com Phone: (970) 400-4216,4222 or 4223 Fax: (970) 304-6434 TOTAL $47,675.00 $68,700.00 $99,640.00 2018-1261 6&ock-lp Hello