The URL can be used to link to this page

Browse Search

Home My WebLink About20173823.tiffAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & SELECT ROOFING CONTRACTORS, LLC. 918 10T" STREET. ROOF REPLACEMENT THIS AGREEMENT is made and entered into this? day of r , 2012, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissione -s. who,.e address is 1150 "O" Street. Greeley, Colorado 80631 hereinafter referred to as "County," and Select Roofing Contractors. L LC. Whose address is 2614 S. Timberline Rd. #105-182 Fort Collins, CO 80525 hereinafter referred to as "Contract Professional". W H1:REAS, County desires to retain Contract Professional as an independent Contract Professional to perform scrti ices as n.ot„ 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. Vv iti✓ 2EAS, 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. cf thi Agreement are contained in the terms recited in this document and in Exhibits A and B, each of •>, :i f;>rn.s c.n 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. B1700142. 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 0)oasso.J- AtuAi ittio/ epe-r76)t1-.38� Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated by either party at 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 t:.: Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation snail be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have peen approved by the County; (2) the reasonable value to County of the services which Contract Professio.;u, 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 ,ermination of the work. County shall be entitled to the use of all material generated pursuant this Agreement upon termination. on ,ennina jon, County shall take possession of all materials, equipment, tools and facilities owned by County wlacl- 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. tuge,her with ail other items, materials and documents which have been paid for by County, and these items, materials and c.oct;ments shall be the property of County. Copies of work product incomplete at the time of termination sha;, be marked ` DRa T -INCOMPLETE." Lpun terrnin;Jon 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 con1pers ., cn f:;r %,nork satisfactorily performed and/or materials described herein properly delivered. 5. Exteu Mooisicatioa. Any amendments or modifications to this agreement shall be in writing signed by both parL.es. No additional services or work performed by Contract Professional shall be the basis for additional compensc' r, .ess and u,ai! Contract Professional has obtained written authorization and acknowledgement by Count} i,, eh a: citionai sere ices. Accordingly. no claim that the County has been unjustly enriched by any additiona s,..1-‘ ices. v' nether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the co.. L.:.sr ,io,. p <.;.;.e 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 $39,776.00 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, shah forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professionai agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments rr:uae 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 y; ar, 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 Lucai Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution. ; .rt►cle X. See. 20) 7. Indeoet,i:ent Contract Professional. Contract Professional agrees that it is an independent Contract Professioua, and that L ontract Professional's officers, agents or employees will not become employees of County, nor entitled any employee benefits from County as a result of the execution of this Agreement. Contract Protessio.,a, si:aii N , curl,, its duties hereunder as an independent Contract Professional. Contract Professional shall be soie:v responsible for its acts and those of its agents and employees for all acts performed pursuant to this Age.L.;.,.,it. Ccntia:t Professional, its employees and agents are not entitled to unemployment insurance or workers ..).ripenstItiun benefits through County and County shall not pay for or otherwise provide such coverage for Cent► net P.cress:onw, or anti of its agents or employees. Unemployment insurance benefits will be available to Co7trac: Proies,cnal and its employees and agents only if such coverage is made available by Contract Professie a: or a taitc: party. Contract Professional shall pay when due all applicable employment taxes and income t:::,e> ,trd l::cw lead taxes ; if applicable) incurred pursuant to this Agreement. Contract Professional shall not ha• .:::�,.:�;;-; ;c> ,_ eNpress or ,►r;r aed. to bind County to any agreement, liability or understanding, except as express!_ :..t lar.; ,° ereement. Contract Professional shall have the following responsibilities with regard to wo:k...s and unemployment compensation insurance matters: (a) provide and keep in force workers' ,.,.. ;e s.:x;;sn t.,d Jnernployrnent compensation insurance in the amounts required by law. 8. Subet,.: a.et.:. s. Cc Pto `ssional acknowledges that County has entered into this Agreement in reliance ..1,,;.; tae parui:;ular reputation arnti 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 personnei 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 ti.nes oe considered the property of the County. Contract Professional shall not make use of such material for purposes other than ii; connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separate., from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONrIDl \ lowever, 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. o,tt:act Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any outer person or entity without seeking written permission from the County. Contract Professionai ag: ees to a.;' ise its employees. agents, and consultants, of the confidential and proprietary nature of this cor,.idential information and of the restrictions imposed by this agreement: 11. Staitifaru of Care. C omract Professional warrants that the services performed under this Agreement will be performed :r, 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 protessiona: an,: workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance lf,erviees Not a Waiver. Upon completion of the work, Contract Professional shall submit to County o:ieinals of all test results. reports. etc., generated during completion of this work. Acceptance by County of rer•ort, a:rl incidental ma er:ai(s) furnished under this Agreement shall not in any way relieve Contract Professiuna! responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder eot istitute or be construed to be a waiver by County of any breach of this Agreement or default which may d.c: eta .. on Lie part ;.Y1- C o..trac. ?:ufessional, and County's action or inaction when any such breach or defaul_ _lit--. exist shalt not impair or prejudice any right or remedy available to County with respect to such breach o: c:.:.u.:. Nc assent. expressed or implied, to any breach of any one or more covenants, provisions or shall he deemed or taken to be a waiver of any other breach. Acceptance by the Count:,, o...;; me:Et for. the services completed under this Agreement shall not be construed as a waiver of any of the C ; ; 's r: atw u.:atir this Agreement or under the la \A, generally. 13. i.:sura.:e,: ano nu v n:;ificatioa. eld County and the State must be named as additional insured on the Corn Cere1a, t .L..iity policies ieases and construction contracts require additional insured coverage for comp:ei..? at. er,dirserner.ts CC 1010 11/85, CG 2037, or equivalent). Contract Professionals must secure. at L)ei ie t.;:: o:ext.c.tnion of any agreement or commencement of any work, the following insurance e. A ;-ring air operations. goods or services provided pursuant to this request. Contract Professionals shall .:.c .: ;c doted .�uiunce Lo',erage in force at ail 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- describet: 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 of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed GI pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amourats, curation, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts o nsuranc : 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 C ontract ?rofess.orai stipulates that it has met the insurance requirements identified herein. The Contract Protessionai shall be responsible for the professional quality. technical accuracy, and quantity of all services provided. the tit -net) uch very of said services. and the coordination of all services rendered by the Contract Professional and shall. IA ithout additional compensation. promptly remedy and correct any errors, omissions, or other deficiencies. I1\DENI ` 1T i : Tne Contract Professional shall indemnify and hold harmless County, its officers, and employees. ,rorn and against injury. loss damage, or liability of Contract Professional arising out of the work done in nr :'ilimcnt o.' the terms of this Contract, to the extent caused by a negligent act, error, or omission, or on account o.`' 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 Cont.-ac, i':c t ssio.al saa,. e frail responsible and liable for injuries or damage received or sustained by any person. persons. or prop :ty on account of its performance under this Agreement or its failure to comply with the provision, or tae .',greement, or on account of or in consequence of neglect of the Contract Professional in its methou> c. precedures; or its provisions of the materials required herein, or from any claims or amounts arising or :ecovered i:nuet .;;e Worker's Compensation Act, or other law, ordinance, order, or decree. This para:pit i;..;i sur„ expiaation or termination hereof. In consideration of the award of this contract, the Conti ac. ;`::;essiunnl caret s \A aive all rights of subrogation against the County its associated and/or affiliated entities..., essors, or ,s:;igra. its elected officials, trustees. employees, and volunteers for losses arising from the vvo:k o,;:to ,.:ctl by rile Contraci 'rofessional for the County. A failure to comply with this provision shall result :r: :,a, s r g..::o immediately terminate this Agreement. Co3,u'act Professional shall obtain, and maintain at all times during the term of t;rceniena. insurance in trig following nds and amounts: orkers` Cc)rnper,saLion Insurance as required by state statute, and Employer's Liability Insurance co',e:in,_T ail of the Contract Professional's employees acting within the course and scope of their icy siloll contain a waiver of subrogation against the County. This requirement shall t Ni . ,, i,er, a Cor <<ac -t l'rofessionai or suocontractor is exempt under Colorado Workers' compensation Act.. AND when such Contract Professional or subcontractor executes the appropriate fora.. 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; $2,600,000 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 or 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 Ageenent, and shall keep in force at all times during the term of the Agreement as the same may be extender 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. roor of insurance: County reserves the right to require the Contract Professional to provide a certificate o. insurance. a policy, or other proof of insurance as required by the County's Risk Administrator iii nis sloe uiscretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor and inland marine, Contract Professional's insurer shall name County as an additional Waiver of Subrogation: For all coverages. Contract Professional's insurer shall waive subrogation fights against County. ',.:bcuntractors: 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 e:: a and s:•_a!P, p:•ocure and maintain the same coverage's required of Contract Professional. Contract shall Mclude 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 Contract Professional agrees to provide proof of insurance for all such atbcontracic.s. r:dependent Contract Professionals, sub -vendors suppliers or other entities upon .o si 14. Non- .. s g::nen:. Lori:ract Professional may not assign or transfer this Agreement or any interest therein or claim tr,e prior m ritten approval of County. Any attempts by Contract Professional to assign or transfe :,5 n ...t r. a;., e; ti, ithout such prior approval by County shall, at the option of County, automatically terminate tits .',gr e:i:e t a..o all rights of Contract Professional hereunder. Such consent may be granted or denied at ti.e sOOie anc: absolute discretion of County. 15, Exan.,s.ai.,,r, of ii.,:eoc-u;;. lo tine extent required by laic, the Contractor agrees that any duly authorized representcr L. e F L :;.„-.1 , .,-.d.ud,..` .,,e County Auditor, shall have access to and the right to examine and audit any books. d; Lt.;.;e::t , .p.::r_; sad records of Contractor, involving all matters and/or transactions related to this Agreeirie ! :c. ..:rsc.c;r agracs 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) fr.e (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 (e) e:Cctronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party: or (Jr trans:,.ission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending part). Either party i:.t ; change its notice address(es) by written notice to the other. Notification information: Contract Professional: Select Roofing Contractors, LLC. At -Di.: Stever; %va:a, Estimator/Project Manager Address: 2614 S. Timberline Rd. 4105-182. `+tio''e s: F::• t C ..:ans. CO 80634 E-mail: steven(rt`selectroofingcontractors.com Telephone. (570i 290-5393 County: lot os:ion: Director of Buildings and Grounds H i G I Street Aoo ess: Greeley. CO 80632 mail: ttaylorii;co.weld.co.us 9";C-30 4-6532 18. Co.rrd.i a e with _aw. Contract Professional shall comply with all applicable federal and State laws, rules and reguL..:,rm in ef:.ee, a hereafter established, including without limitation, laws applicable to discrimination and unfair .upl"�,nc.i: practices. 19. Non -F suasive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Profess,,,: per scan; perform services of the same or similar nature. 20. Eu:. ; .: ui :;'_,LAlif:cations. 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 s„persedes 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. Severabiiity. 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, e\dress or in -.plied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado, Goverrirnvntal 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 panics 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 benetfciar: only. 26. Boaz or Cr •r .c Commissioners of Weld County Approval. This Agreement shall not be valid until it has been p -„v ct h the Board of County Commissioners of Weld County, Colorado or its designee. 27. C ioic•e ol 'raw/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 incorpocul ne J erencx v,hicii conflicts with said laws, rules and/or regulations shall be null and void. In the es. Lr:; e legal c sfu e netweeri the parties, Contract Professional agrees that the Weld County District Court shah have exclusive jurisdiction to resolve said dispute. 28. 1h'ub!ie t'untzaets fir Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that t c♦,ma. .<n r ingly employ o contract with an illegal alien who will perform work under this contrae.. t ,,ear i'lofess:onai vb;ii confirm the employment eligibility of all employees who are newly hired for empl . r; ri:a the ",sited 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 shail, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined thelegal 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 deli%c: 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 whe:e exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Profess;o.:. receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (1 8) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24- ;6.5-103(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 Ui:itee: States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall proo...ee one of the foams of identification required by C.R.S. § 24-76.5-101. et seq., and (c) shall produce one oftb.e. ;•orrns o: identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Corapuau cc with Da% is -Bacon Wage Rates. Contract Professional understands and agrees that, if required the w, -irk shah be in compliance with the Davis- Bacon Wage Rates. 36. Accu -n�. s Fees:L..c--gat 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 b.., l;- Or ,,.1 :c, own cbalt: 31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body o: } t. ,... -. r, p:v,, ision .,, the contrary in this Agreement or incorporated herein by reference shall be null and 32. Aeknowleuuginent. L'ounty and Contract Professional acknowledge that each has read this Agreement, urrde::,tza . T. r.:.d . fig. yes to be bo...nd by its terms. Both parties further agree that this Agreement, with the attached Exhit:its :.,a S. Tstn,; complete ;And exclusive statement of agreement between the parties and supersedes all propo...... , prior agreements, oral or written. and any other communications between the parties relating to the subject ii, I.;�: 0 this Agreement. 1!`t. "_r HESS WHEREOF. the parties hereto have signed this Agreement this XX day of No•cwtk-0/ . 20 17. CONTRAC r PROFESSIONAL: Select Roofing Contractors, LLC. By: Name: 2.4.R. �.A Title: lA•c K lei. r Date \ /d. a - II 1 7 WELD COU TY: WelATTE er to t B card WELD COUNTY, COLORADO B APPROVED AS TO FUNDING: Controller APPROVED AS TO FORM: Couniv Attorney ulie A. Cozad. Chair APPROVED AS O SUBSTANCE: cial or Department Head BOARD OF COUNTY COMMISSIONERS DEC 04 2017 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DTE: OCTOBER 10, 2017 BID Num ER: '01700142 DESC 'IPT1 3N: ROSE REPLACE ENT ( ROBATION G) DEPART VT : B to din s & Grounds MANDATORY PRE -BID CONFERENCE DATE: October 19, 2017 BID litPENING DATE: November 2, 2017 E 1. NOTICE TBIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: OOF REPL CEMENT (PR ATlORI BLD� A andatr pre -bid conference will be held at 1:00 p.m., n Thurso ,_oet ber 19 2017 at the Weld County Probation Building. The Building is located at 918 10t" Street, in reeled. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1160 O Street Room #107 Greeley CO 80631 until: ThursdajNovember2 r2, 2017 10::. ant tWeld Count Purchasi Time CIockJ PAGES 1— 8 OF THIS RE NUMBER REFERRED TO A APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. UEST FOR BI S CO NTAIN GENE RAL INFORIMMATIQN FOR THE REQUEST 2. INVITATION TO 'ID: VE. NOT ALL OF THE INFORMATION N CONTAINED IN PAGES 1-8 MAY BE 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. 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. B1700142 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 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 written 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 right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 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. B1700142 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. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial 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 attempt to contact the bidder in order to allow the bidder to seek an appropriate court order preventing disclosure. Without such an order, Weld County will release the requested information in accordance with CORA. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through 31700142 3 Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 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. B1700142 4 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: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person B1700142 5 having such known interests. During the term of this Agreement, the successful bidder 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 the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in B1700142 6 sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. B1700142 7 Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. SCOPE OF WORK AND PROPOSED PRICING: This bid is to replace the roof at the Probation building located at 918 10th Street, Greeley CO. This is a turn -key bid and will require the following: 1. The roof area to be replaced is estimated at 9,500 square feet. Bidder responsible for verifying correct square footage. 2. The new roof will be fully adhered EPDM type. 3. Roof shall carry a 20 -year manufacturers and installation warranty. The 20 -year warranty will be for Labor and Materials. This will require the inspection of the manufacturer to certify warranty. Results are to be provided to County. 4. New 2 -foot by 2 -foot walk pads shall be installed to allow walking from rear of building to roof top units. Bidders shall assume 52 pads. 5. New metal cap is not required. However, any cap that is not useable must be replaced and be included in the bid. 6. All penetrations and transitions shall be properly sealed and meet manufacturer's warranty. 7. Installation of new cover board will be required. All cover board and fasteners shall comply with manufacturer's specifications. 8. Roof will be installed/attached in accordance with manufacturer's recommendations 9. Provide name of manufacturer along with appropriate cut sheets and warranty information with bid. 10. Provide detail of what is included and excluded from bid 11. Payment and Performance bond is required. PRICING: ROOF TOTAL $ START DATE FINISH DATE B1700142 8 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. #B1700142. 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 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. 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. 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 AT TIME OF BID OPENING** (If not already on file) WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NU c E - IS #98403551 ®0000. PLEASE RETURN PAGES 8 & 9. YOU DO NOT NEED TO SEND BACK PAGES 1 THROUGH 87. B1700142 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. #B1700142. 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 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. 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. FIRM Select Roofing Contractors BUSINESS ADDRESS 2614 S. Timberline Rd. #105-182 CITY, STATE, ZIP CODE Fort Collins CO, 80525 TELEPHONE NO (970)290-5393 FAX TAX ID # 46-3862851 PRINTED NAME AND TITLE Steven Evans, Estimator/Project Manager SIGNATURE E-MAIL Steven@selectroofingcontractors.com DATE November 2, 2017 **ALL BIDDERS SHALL PROVIDE A W-9 AT TIME OF BID OPENING** (If not already on file) WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. PLEASE RETURN PAGES 8 & 9. YOU DO NOT NEED TO SEND BACK PAGES 1 THROUGH 87. B1700142 9 Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. SCOPE OF WORK AND PROPOSED PRICING: This bid is to replace the roof at the Probation building located at 918 10th Street, Greeley CO. This is a turn -key bid and will require the following: 1. The roof area to be replaced is estimated at 9,500 square feet. Bidder responsible for verifying correct square footage. 2. The new roof will be fully adhered EPDM type. 3. Roof shall carry a 20 -year manufacturers and installation warranty. The 20 -year warranty will be for Labor and Materials. This will require the inspection of the manufacturer to certify warranty. Results are to be provided to County. 4. New 2 -foot by 2 -foot walk pads shall be installed to allow walking from rear of building to roof top units. Bidders shall assume 52 pads. 5. New metal cap is not required. However, any cap that is not useable must be replaced and be included in the bid. 6. All penetrations and transitions shall be properly sealed and meet manufacturer's warranty. 7. Installation of new cover board will be required. All cover board and fasteners shall comply with manufacturer's specifications. 8. Roof will be installed/attached in accordance with manufacturer's recommendations 9. Provide name of manufacturer along with appropriate cut sheets and warranty information with bid 10. Provide detail of what is included and excluded from bid 11. Payment and Performance bond is required. PRICING: ROOF TOTAL $ 39,776.00 START DATE December 4, 2017 FINISH DATE December 8, 2017 B1700142 8 The following references worked with the client to or overseeing the project, references and please let Commercial Roofing: 1. Contact: Business: Title: Address: Phone: Project: System: Misc.: 2. Contact: Business: Title: Address: Phone: Project: System: Misc.: 3. Contact: Business: Title: Address: Phone: Project: System: Misc.: 4. Contact: Business: Title: Address: Phone: Project: System: Misc.: residential & commercial systems Select Roofing Contractors, LLC Reference List are generated from a short list of projects completed year. I personally managed all of these projects or completion. My role in these projects consisted of creating a proposal, writing a contract, project managing and managing all timelines indicated in the contract. Please do not hesitate to contact the following me know if you have further questions. Carlin Nafziger or Joe Revielle Roche Construction Inc. VP, Senior Superintendent, 361 7151 Ave, Greeley CO 80634 970-356-3611 Multiple projects TPO, EPDM, Metal Roofing, Walkable Membranes, Sheet Metal, Wall Panels New Construction, Reroofing, Roofing Repairs and Roofing Investigations Robert Rigg, Melinda Denney DS Constructors Superintendent, Owner 3780 N. Garfield Ave, Ste 101, Loveland CO 80538 970-635-3534 or 970-342-5502 Multiple Projects TPO, EPDM, Shingles, Sheet Metal, Metal Roofing New Construction, Reroofing, Roofing Repairs and Roofing Investigations Jason Vaughn Brinkman Construction Project Manager 3003 East Harmony Road, Suite 300, Fort Collins CO 80525 970-237-3467 Multiple Projects Fully Adhere EPDM, TPO, Sheet Metal, Wall Panels New Construction, Reroofing, Roofing Repairs David Stolte Heath Construction Construction Manager 141 Racquette Drive, Fort Collins CO 80525 970-221-4195 Multiple Projects Fully Adhere EPDM, TPO, Shingles, Metal Roofing, Sheet Metal, Wall Panels New Construction, Reroofing, Roofing Repairs Zack Stanevich Manager zack@SelectRoofingContractors.com • X2614S.Tirnbecline'Rd.#1O9=182, Fort Collins 80525; 9.70.290.5393 www.SelectRoofingContractors.com SELEC-2 OP ID: KB ACO1?D CERTIFICATE OF LIABILITY INSURANCE �� DATE 11/28/2017 Y) 11 /28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Renaissance Insurance Group P 0 Box 478 101 E Main Street Windsor, CO 80550 Scott P. Runyan CONTACT Scott P. Runyan PHONE FAx (A/C. No. Ext)' 970-674-8825 IA/C, No): 970-674-8826 E-MAIL ADDRESS: srunyan@reninsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Continental Casualty INSURED Select Roofing Contractors,LLC Zack Stanevich 2614 S Timberline Rd #105-182 Fort Collins, CO 80525 INSURER B : Continental Insurance Co. INSURER C : Pinnacol Assurance 41190 INSURER D : Columbia Casualty INSURER E ; INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD I WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDDlYYYV) (MMlDDlYYYY) A X COMMERCIAL GENERAL LIABILITY - X OCCUR Y Y I 6045589366 01/08/2017 01/08/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE DA CET(SRENTED PREMtSES(Ea occurrence) $ 100,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT POLICY X 1 jE APPLIES PER: T I LOC GENERAL AGGREGATE I $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER. $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ SCHEDULED AUTOS NON -OWNED AUTOS Y Y 6045589383 01/08/2017 !I 01/08/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB ' EXCESS LIAB X OCCUR CLAIMS -MADE 6045589397 01/08/2017 01/08/2018 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X I RETENTION $ 10000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y / N N / A Y 4171398 03/01/2017 I 03/01/2018 X I PER OTH- i STATUTE ER E.L EACH ACCIDENT - $ 1,000,000 i - E.L DISEASE - EA EMPLOYEE $ --- - 1,000,000 below E.L DISEASE - POLICY LIMIT $ 1,000,000 D Errors & Omissions Including Poll. I 6045574088 01/08/2017 01/08/2018 Per Claim Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Wording is Subject to Policy Forms, Conditions, Definitions and Exclusions. Project: 918 10th Street Roof Replacement at 918 10th Street, Greeley, CO SEE PAGES 2 CERTIFICATE HOLDER CANCELLATION Weld County Government P.O. Box 758 Greeley, CO 80632 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 s�j ��><zuts��cu..Mlcawtna cG 4u�t� ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A NOTEPAD: HOLDER CODE INSURED'S NAME Select Roofing Contractors,LLC SELEC-2 OP ID: KB In addition to Weld County, the State of Colorado, 1700 Broadway, Suite 200, Denver, CO 808290 is also a certificate holder. Certificate Holders are Additional Insureds regarding the General Liability including Completed Operations. Certificate Holders are Additional Insureds regarding the Auto Liability. Re Additional Insureds, General Liability and Auto Liability contain Primary/Non-Contributory Wording. Waiver of Subrogatioin applies to the General Liability, Auto Liability and Workers' Compensation. Umbrella coverage is "Follow Form" of the underlying General Liability, Auto Liability and Employers Liability. All of the above only applies when required in a written contract with the Insured. PAGE 2 Date 11/28/2017 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 November 16, 2017 To: Board of County Commissioners From: Toby Taylor Subject: Probation Roof Replacement (Bid: B1700142) As advertised, this bid is for replacement of the roof at the 918 Probation Building. The low bid is from Select Roofing Contractors and meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to Select Roofing Contractors in the amount of $39,776. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 0207 3423 & or, f9 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: mwalersaweldgov.com Phone: (970) 400-4216,4222 or 4223 Fax: (970) 336-7226 DATE OF BID: NOVEMBER 2, 2017 REQUEST FOR: ROOF REPLACEMENT - PROBATION BLDG DEPARTMENT: BUILDINGS & GROUNDS DEPT BID NO: #61700142 PRESENT DATE: NOVEMBER 6, 2017 APPROVAL DATE: NOVEMBER 20, 2017 VENDOR SELECT ROOFING CONTRACTORS 2614 S TIMBERLINE RD #105-182 FT COLLINS CO 80525 ACC ROOFING INC 1713 E LINCOLN AVE B-3 FT COLLINS CO 80524 BOB BEHRENDS ROOFING 614 5TH AVE GREELEY CO 80631 HOMETOWNE ROOFING LLC 1902 78TH AVE GREELEY CO 80634 FRONT RANGE ROOFING SYSTEMS LLC 222 13TH AVE GREELEY CO 80631 COLORADO MOISTURE CONTROL INC 4950 E 56TH AVE COMMERCE CITY CO 80022 STONEBROOK ROOFING INC 960 2 124TH AVE #950 WESTMINSTER CO 80234 TOTAL $39,776.00 $40,500.00 $40,842.59 $55,795.00 $59,581.00 $67,454.00 $74,508.00 BUILDING AND GROUNDS WILL REVIEW THE BIDS. START DATE FINISH DATE 12/04/17 12/08/17 11/08/17 11/30/17 12/01/17 12/08/17 (depending on weather) 12/01/17 12/29/17 11/27/17 12/8/17 30 DAYS 20 DAYS FROM AWARD FROM START 12/11/17 12/29/17 2017-3823 7O(9 Hello