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HomeMy WebLinkAbout20163142.tiffAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & ELEVATOR TECHNICIANS ELEVATOR MAINTENANCE THIS AGREEMENT is made and entered into this l n day of Na vein6er , 201(4 by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Elevator Technicians whose address is 1153 Bergen Parkway, Suite I -Box 320, Evergreen CO, 80439, 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. B1600151". 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. CG% s(TTiG) // af- o2ail�a-- //c2316' 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 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 $ 17,034.00, 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. 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: Elevator Technicians Attn.: Joseph Zopf, Address: 1153 Bergen Parkway, Suite I -Box 320 Address: Evergreen, CO E-mail: jzopfetco agmail.com Telephone: (303) 641-6464 County: Naive: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttavlorithco.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 fiords under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this O794 -)clay of ,?01i Y CONTRACTOR: Elevator Technicians By: ( r% Name' v epil7. ?Qpf Title: MGnjer Date V ICVQ016 WELD CO t'64, ATTEST: Weld .upty Clerk to the Bo -rd BY: Deputy CI=A' to the Board APP VED AS TO FUNDING: CQ Controller APPVED ATO FOR 1410-49.4..c County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,rya �,...— Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Director of Genera Services BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,ryHirai A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: September 9, 2016 BID NUMBER: #61600151 DESCRIPTION: Elevator Maintenance DEPARTMENT: Buildings & Grounds Dept MANDATORY PRE -BID CONFERENCE DATE: 9/22/16 BID OPENING DATE: 10/6/16 1. NOTICE TO BIDDERS: 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: ELEVATOR MAINTENANCE. A pre -bid conference will be held at 8:00 a.m., on September 22, 2016, at the Weld County Buildings & Grounds facility located at 1105 H Street, Greeley CO 80631. 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, 1150 O Street Room #107 Greeley CO 80631 until: October 6, 2016 at 10:00 am fWeld County Purchasing Time Clock.) PAGES 1 - 9 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 9 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weIdgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submiUmail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. BID REQUEST #B1600151 Page 1 3. 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 970-336-7225 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 Director of General Services, satisfactory evidence of the authority of the officer signing in 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 Director of General Services 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 Director of General Services; 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 Bid 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 RFB. BID REQUEST #61600151 Page 2 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. §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., with regard to public records, and cannot guarantee the confidentiality of all documents. BID REQUEST #61600151 Page 3 C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that BID REQUEST #61600151 Page 4 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. 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. 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. BID REQUEST #81600151 Page 5 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 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 BID REQUEST #B1600151 Page 6 X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code, 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: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. 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 Director of General Services 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 Contract Professional. Contract Professional shall be responsible forthe payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, 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 Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional 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 Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's BID REQUEST #61600151 Page 7 Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional 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 Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non - owned vehicles used in the performance of this Contract. SPECIFICATIONS Weld County is seeking bids to perform elevator maintenance services for its buildings. TASK TO BE PERFORMED Contractor will perform six (6) routine maintenance visits per year per unit (each unit every other month) and will maintain, adjust and lubricate the equipment described in table below. In addition, unless specifically excluded elsewhere, Contractor will provide quotes to repair or replace components necessitated by normal wear and tear: Contractor's work will be verified by independent third party inspections required by the Colorado Division of Oil Public Safety (OPS) Conveyance requirements. 1. HYDRAULIC ELEVATORS a. RELAY LOGIC CONTROL SYSTEM: Inspect and verify operation of all control system components. b. MICROPROCESSOR CONTROL SYSTEM: Inspect and verify operation of all control system components. System performance examinations will be conducted to ensure dispatching and motion control systems are operating properly. c. POWER UNIT: Inspect and verify operation of pumps, motors, valves and all related parts and accessories. BID REQUEST #61600151 Page 8 d. HYDRAULIC SYSTEM ACCESSORIES: Inspect and verify operation of exposed piping, fittings and accessories between the pumping unit and the jack, jack packing, hydraulic fluid, and any heating or cooling elements installed by the original elevator equipment manufacturer for controlling fluid temperature. e. CAR EQUIPMENT: Inspect and verify operation of all elevator control system components on the car. f. WIRING: Inspect and verify operation of all elevator control wiring and all power wiring from the elevator equipment input terminals to the motor. g. HOISTWAY AND PIT EQUIPMENT: Inspect and verify operation of all elevator control equipment and buffers. h. RAILS AND GUIDES: Inspect and verify operation of guide rails, guide shoe gibs, and rollers. i. DOOR EQUIPMENT: Inspect and verify operation of automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door interlocks, door gibs, and auxiliary door closing devices. j. MANUAL FREIGHT DOOR EQUIPMENT: Inspect and verify operation of switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and counter -balancing equipment. k. POWER FREIGHT DOOR EQUIPMENT: Inspect and verify operation of controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring cams, interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices. I. SIGNALS AND ACCESSORIES: Inspect and verify operation of car operating panels, hall push button stations, hall lanterns, emergency lighting, car and hall position indicators, lobby control panels, car operating panels, fireman's service equipment and all other signal, and accessory facilities furnished and installed as an integral part of the elevator equipment. Re-lamping of signal fixtures shall be included only during systematic examinations. Service requests related to re-lamping of signal fixtures will be considered billable. 2. TRACTION ELEVATORS a. RELAY LOGIC CONTROL SYSTEM: Inspect and verify operation of all control system components. b. MICROPROCESSOR CONTROL SYSTEM: Inspect and verify operation of all control system components. System performance examinations will be conducted to ensure dispatching and motion control systems are operating properly. c. GEARED/GEARLESS MACHINES: Inspect and verify operation of all geared and gearless machine components. d. WIRING: Inspect and verify operation of all elevator control wiring and all power wiring from the elevator equipment input terminals to the motor. e. CAR EQUIPMENT: Inspect and verify operation of all elevator control system components on the car. f. HOISTWAY AND PIT EQUIPMENT: Inspect and verify operation of all elevator control BID REQUEST #61600151 Page 9 equipment, car and counterweight buffers, overspeed governors, governor tension sheave assemblies, and car and counterweight safeties. g. RAILS AND GUIDES: Inspect and verify operation of guide rails, guide shoe gibs and rollers. h. HOIST ROPES: Inspect and verify operation of hoist ropes will be properly lubricated and adjusted for equalized tension. i. DOOR EQUIPMENT: Inspect and verify operation of automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door interlocks, door gibs and auxiliary door closing devices. j MANUAL FREIGHT DOOR EQUIPMENT: Inspect and verify operation of switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and counter -balancing equipment. k. POWER FREIGHT DOOR EQUIPMENT: Inspect and verify operation of controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring cams, interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices. I. SIGNALS AND ACCESSORIES: Inspect and verify operation of car operating panels, hall push button stations, hall lanterns, emergency lighting, car and hall position indicators, lobby control panels, car operating panels, fireman's service equipment and all other signal and accessory facilities furnished and installed as an integral part of the elevator equipment. Re -tamping of signal fixtures is shall be included during systematic examinations. Service requests related to re-lamping of signal fixtures will be considered billable. 3. MAINTENANCE CONTROL PLAN. Contractor will be required to maintain a copy of the maintenance control plan in each machine room. 4. HOURS OF SERVICE All work covered under this Agreement is to be performed during the regular working hours of regular working days of the elevator trade, unless otherwise indicated herein. 5. SERVICE REQUESTS (CALLBACKS) a. In addition to preventive maintenance, this Agreement covers minor adjustment service requests during the regular working hours of regular working days of the elevator trade, unless otherwise indicated herein. b. Service requests are defined as minor adjustments, corrections or entrapments that require immediate attention and are not caused by reasons beyond contractor's control. c. Service requests that require more than one technician or more than two hours to complete will be scheduled as a repair during the regular hours of service. d. If County should require, at any time, service requests (unless included above) to be made on overtime, County will be charged only for the difference between Contractor's regular hourly billing rate and Contractor's regular overtime billing rate applicable for each overtime hour worked. e. Travel time to and from locations for non -billable service calls shall be included in bid. BID REQUEST #B1600151 Page 10 6. TESTS: Contractor will perform the following tests on the equipment: a. HYDRAULIC ELEVATOR 1) A pressure relief test and a yearly leakage test. 2) A five year witnessed hydro test b. TRACTION ELEVATOR 1) An annual no load test. 2) A five (5) year full load test. 7. EXCLUSIONS: Contractor will have no responsibility for the following items or services, which are excluded from the Agreement: a. GENERAL: Contractor shall not be obligated to: perform safety tests other than those specified herein; install new attachments or make equipment changes or adjustments required by new or retroactive code changes; perform tests or correct outstanding violations or deficiencies prior to the effective date of this agreement; make renewals or repairs necessitated by fluctuations in the building AC power systems, adverse machine room or environmental conditions (including temperature variations below 50 degrees and above 90 degrees Fahrenheit), excessive humidity (greater than 95% non -condensing humidity), water damage, prior water exposure, rust, fire, explosion, acts of God, misuse, vandalism, theft, war, acts of government, labor disputes, strikes, lockouts, or tampering with the equipment by unauthorized personnel; repair or replace parts damaged by negligence, misuse or any other cause beyond its control. b. OBSOLESENCE: Obsolete items (including, but not limited to, assemblies, parts, components or systems) are excluded from this agreement and are defined as an item for which the original design is no longer regularly manufactured by the OEM or the original design has been replaced with an item of a different design. No exception to this exclusion will be made for items defined as obsolete above simply because they can be custom made or acquired at any price. Obsolete items and the labor to replace them will be at the owner's expense. Any modifications to existing equipment necessary to accommodate replacement components will also be at the owner's expense. Contractor will not be required to furnish reconditioned or used parts. Once upgraded by Contractor, obsolete items will be covered under this Agreement. c. ELEVATOR: Refinishing, repairing, replacing or cleaning of car enclosure, telephones or communication devices, fans, computer monitoring systems, gates and/or door panels, door pull straps, hoistway enclosure, rail alignment, hoistway doors, door frames, sills, hoistway gates, finished flooring, power feeders, switches, their wiring and fusing, car light diffusers, ceiling assemblies and attachments, smoke or heat sensors, fireman's phone devices, intercoms, music systems, media displays, card -readers or other security systems, light tubes and bulbs, pit pumps, emergency power generators, hydraulic cylinder, unexposed piping, disposal of or clean- up of waste oil or any contamination caused by leaks in the hydraulic cylinder or unexposed piping. 8. REMOTE MONITORING: Remote monitoring phone system is maintained by the County. 9. EPROM: County authorizes Contractor to produce single copies of the EPROM and/or ROM chips for each unit for the sole purpose of an archive backup of the embedded software to allow for replacement of a defective or damaged chip. These will be stored on the building premises and the Purchaser retains possession. BID REQUEST #61600151 Page 11 10. PERFORMANCE CLAUSE: County may, at any time and at County's expense, call for an independent elevator consulting firm to evaluate Contractor's performance for compliance with the scope of this Agreement. a. If it is found Contractor is not complying with the terms of this Agreement, a detailed report shall be submitted to Contractor outlining the specific requirements and a period of thirty (30) days shall be allowed for Contractor to correct the non -compliances with the scope of this Agreement. b. In the event Contractor fails to correct the noted items within the allowed time, County shall have the right to terminate this Agreement by giving Contractor thirty (30) days written notice. 11. CONTRACT TERM: a. The services specified will be furnished from the effective date of January 1, 2017, and shall continue for an initial term of one year with the option to renew annually for an additional three years. b. Either party may terminate this Agreement either at the end of the initial one year term or at the end of any subsequent one year terms by giving the other party ninety (90 days written notice. 12. PRICING: a. Provide pricing in table below for the specifications from above for each location below. Although pricing will be totaled to obtain an annual amount, invoicing can occur after each elevator's maintenance schedule is performed throughout the year. b. Provide hourly labor wage rate for technician's that would work normal hours for additional/requested work. c. Provide hourly labor wage rate for technician's that would work after-hours (overtime) for additional/requested work. d. Provide amount of increase for each subsequent year. This can either be percentage of actual fee. e. Provide amount of markup for parts over manufacture cost. All invoices to County shall include the original equipment invoice to support markup. BID REQUEST #B1600151 Page 12 Annual Price �N O # CO N V V N N CO 07 N N Install or Mod. Year CO O N N O N N O N CA O N r O N O O N CO CO r 'f) O N 0 Q) r Elevator Drive/Type Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Traction/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Elevator Manufacturer (t V C o Montgomery Montgomery 0) V C C) O) > O Montgomery 1 Montgomery Montgomery Jano0 State Registration ID # CP08-001372 CP08-006470 CP08-006469 CP09-005509 N Up CO CO O O O O a O I CP08-006427 O W CO r O O CO O a 0 CO O CO CO O O 0 O a O CP08-003810 Address 1390 N. 17 Ave. Greeley, CO 915 10'h Street Greeley, CO 915 10th Street Greeley, CO 1101 H Street Greeley, CO 934 9th Ave. Greeley, CO 901 9th Ave. Greeley, CO 1555 N. 17'h Ave. Greeley, CO 315 AN. 11'h Ave. Greeley, CO 315 B N. 11'h Ave. Greeley, CO Building Name Alternative Programs Centennial Center Centennial Center Community Corrections Court House Annex Courthouse C)II C C C (0 a L_ c0 0) 2 Human Service A Human Service B BID REQUEST #B1600151 M N N N N N N N V O O N 0) 0) O 0 N 0 0 N 0 O N 0 0 N 0 0 N 0) 0) r 0 0 N Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger IN v C L U U) Thyssen Thyssen Thyssen Thyssen Thyssen Montgomery Montgomery Montgomery CP09-001368 CP08-002693 CP-08-002955 CP0S-002954 CP08-002957 CP08-002956 CP08-002965 CP08-002964 CP08-006449 315 C N. 111h Ave. Greeley, CO 1950 "O" Street Greeley, CO 2110 "O" Street Greeley, CO 2110 "O" Street Greeley, CO 2110 "O" Street Greeley, CO 2110 "O" Street Greeley, CO 2110 "O" Street Greeley, CO 2110 "O" Street Greeley, CO 910 10'h Ave. Greeley, CO Human Service C Law Administration Jail (1 East Unsecure) Jail (1 East Secure) Jail (2 East Unsecure) North Jail (2 East Secure) Jail (West Unsecure) Jail (West Secure) Plaza West co a BID REQUEST #61600151 C) N N Annual Total O) O O N 0) 0 O N CO 0 0 N Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Thyssen Montgomery Thyssen CP09-004036 CP08-006450 CP08-003614 910 10th Ave. Greeley, CO 910 10th Ave. Greeley, CO 2950 9th Street Fort Lupton, CO Plaza West Plaza West Southeast Weld a z v ix a S fA S EA ROUTINE MAINTENANCE ANNUAL TOTAL (FROM ABOVE): NORMAL LABOR WAGE RATE (HOURLY): OVERTIME LABOR WAGE RATE (HOURLY): PRICE ADJUSTMENT FOR EACH SUBSEQUENT YEAR: PARTS MARKUP PERCENTAGE: LO a ca BID REQUEST #B1600151 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. #B1600151. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -13. BID REQUEST#61600151 Page 16 Below are the answers to questions that occurred for the Elevator Maintenance bid (61600151). 1. Are the 5yr tests INCLUDED in the contract terms or are they going to be billed additionally? ANSWER: These should be included in the contract terms. This is why this information was included. 2. Are the MCP's already in place? If not, are they factored into the bid or are they going to be billed additionally? ANSWER: The MCPs are in place at each location. 3. The bid info describes an "Oil & Grease" type of contract but isn't completely clear on "callbacks". Are the "callbacks" expected to be included in the contract? ANSWER: The call back service is detailed on Page 10, Section 5. Minor adjustments, corrections and entrapments shall be included in the base bid. For service requests (call backs) beyond those detailed on Page 10, Section 5 shall be billed at the hourly labor rate that is also required for this bid. 4. If there are repairs or parts that are needed, do the invoices need to be submitted? ANSWER: Yes, the original parts invoice needs to be included with the contractor's additional maintenance invoice to show the correct price mark-up percentage. 5. Page 10, Section 5, subset C, "Service requests that require more than one technician or more than two hours to complete will be scheduled as a repair during the regular hours of service"..... Is this billable? ANSWER: Yes. The service requests beyond the minor adjustments, corrections or entrapment resolution is billable and shall be billed at the hourly labor rate that is also required for this bid. EX I{r 8r- F-6 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. #61600151. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Elevator Technicians BY Joseph Zopf (Please print) BUSINESS ADDRESS 1153 Bergen Parkway Suite I -Box 320 DATE 10-5-2016 CITY, STATE, ZIP CODE Evergreen, CO 80439 TELEPHONE NO 303-641-6464 FAX 303-949-2572 TAX ID # 81-0643568 SIGNATURE E-MAIL jzopfetco_@gmail.com "THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 13. BID REQUEST #61600151 Page 17 Annual Price $774.00 $774.00 $774.00 $774.00 $774.00 $1,554.00 $774.00 $774.00 $774.00 fA O ,,E))- et a N N CO M N N - Install or Mod. Year 2008 N O N N O N O)o O N ,_O O N O N co CO O) in O N co CO Elevator Drive/Type Hydraulic/ Passenger Hydra ulic/ Passenger Hydraulic! Passenger Hydraulic/ Passenger Hydraulic/ Passenger Traction/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Elevator Manufacturer Schindler Montgomery Montgomery G) G e ta (/) G) > C O Montgomery Montgomery Montgomery al > 0 Q State Registration ID # C P08-001372 CP08-006470 C P08-006469 C P09-005509 N to M CO o O co a U C P08-006427 C P08-001880 co 0 CO M O co a O O r CO M O CO o Q. O Address 1390 N. 17 Ave. Greeley, CO 915 101° Street Greeley, CO 915 10°1 Street Greeley, CO 1101 H Street Greeley, CO 934 9`" Ave. Greeley, CO 901 9'° Ave. Greeley, CO 1555 N. 17m Ave. Greeley, CO 315 AN 11 p1 Ave. Greeley, CO 315 B N. 11'" Ave. Greeley, CO Building Name Alternative Programs ' Centennial Center Centennial Center Community Corrections Court House Annex Courthouse Health7Planning Human Service A Human Service B BID REQUEST #BI600151 2009 3 $774.00 $774.00 $774.00 2 $774.00 2 $774.00 2 $774.00 2 $774.00 2 $774.00 4 $774.00 N N N- m CO N el o N N- N N -O O N N r CO O O N Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger Hydraulic/ Passenger c c LE U CO 0 0 T L H Thyssen 4C) N T L H 2)) ten L I- 0 0 e S I- Montgomery Montgomery Montgomery CP09-001368 CP08-002693 14' 0 N O O O 0 d U CP08-002954 CP08-002957 cc N C) N O O CO 0 a 0 CP08-002965 C P08-002964 Plaza West 910 10°' Ave. CP08-006449 Greeley, CO 315CN_11`"Ave. Greeley, CO 1950 "O" Street Greeley, CO Jail 2110 "O" Street (1 East Unsecure) Greeley, CO 2110 "O" Street Greeley, CO 2110 "O" Street Greeley, CO 2110 "O" Street Greeley, CO 2110 "O" Street Greeley, CO 2110 "O" Street Greeley, CO Human Service C c 0 `m b rn c E O Q 3 to J Jail (1 East Secure) Jail (2 East Unsecure) North Jail (2 East Secure) Jail (West Unsecure) Jail (West Secure) BID REQUEST #61600151 Hydraulic/ 2009 3 $774.00 Passenger $774.00 O O I -- $17,034.00 Annual Total CV N Hydraulic/ Passenger Hydraulic/ Passenger C ID tO 01 >. r F— Montgomery C m CA ft >. .C F 910 10th Ave. I CP09-004036 Greeley, CO CP08-006450 CP08-003614 910 Street Fort Lupton, CO Plaza West to it N L ouu,easr vveia CD z U a O O O O O O O n S (A ROUTINE MAINTENANCE ANNUAL TOTAL (FROM ABOVE): NORMAL LABOR WAGE RATE (HOURLY): OVERTIME LABOR WAGE RATE (HOURLY): 0 C PRICE ADJUSTMENT FOR EACH SUBSEQUENT YEAR: O U) PARTS MARKUP PERCENTAGE: CD a BID REQUEST #81600151 Marcia Walters From: Sent: To: Cc: Subject: Attachments: Sir or Madam, Joe zopf <jzopf.etco@gmail.com> Thursday, October 06, 2016 6:56 AM bids Carmen Galante Elevator Maintenance Bid Weld County Elevator Bid.pdf Attached is the Elevator Maintenance Bid for Bid #B1600151 from Elevator Technicians. In accordance with bid requirements Elevator Technicians agrees to the following, "I hereby waive my right to a sealed bid". Thank you, Joe Zopf Elevator Technicians 303-246-3836 izopfetco@gmail.com SUBUR-7 OP ID: SB ACORC� CERTIFICATE OF LIABILITY INSURANCE PATE (1111/DDNYYYI 11/1112016 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 —'PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ORTANT: 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 Connor & Gallagher Ins. Serv. 750 Warrenville Road, Ste. 400 Lisle, IL 60532 Stephen E. Gallagher INSURED Elevator Technician 1153 Bergen Parkway Suite I - Box 320 Evergreen, CO 80439 CONTACT NAME Stephen E. Gallagher PHONE (NC, Na. Ertl .630.810-9100 E-MAIL ADDRESS_ INSURERSSI AFFORDING COVERAGE INSURER A : Cincinnati Specialty .,SURER a : North River Insurance Company 04SURERC Great American Insurance Co. INSURER D Hadey5ville INSURER E INSURER F I FAX (NC,No), 630.810-0100 NAIL X 13037 21105 23582 • MBER: bVYCIWYCO c._n.n ,vrs•w. •w•ou.•r.`_ 'HIS 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 WIIH RESPECT TO WHICH THIS CERTIrICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDI I IONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IKSR'. TYPE OF INSURANCE i I' DC VND POLICY NUMBER MWOO/Y' POLICY YYT lAMAR IYY'YYI UNITS LTR ' MD VND 1 I I A I X I COMMERCIAL GENERAL LIABILITY 1 -- ElAIMSdWOE X OCIInH X X i X i per elevator GTN'L AGGREGATE LIMIT APPLIES PER POLICY PRO OTHER CSO0076956 11f13/2016 11(13/2011 EACH OCCURRENCE DAMAGE TO REMFn P EMISrs(Ea Rak,-R aii ICI MFD PAP ,A.I L.'s QA'xrl_ PERSONAL 3 ADV INJURY GENERAL AGGREGATE 'RUOUC TS COMPIOPAGG Max Aggr $ S $ 3 S 4 4 1,000,000 100,000 5.000 1,000,000 3,000,000 3,000,000 10.000.000 - 'M1UTOMOe1LE LIABILITY L ANY AUTO X X BA7Y0187 AU ()WRFC X SCHEDULED AUTOS AUTOS NON O, NiD-b X ROLE) AUTOS X AUTGS 07/30/2016 11/13/2017 CVMHINED SINGLE LIMIT :EA Arnneart., -_ BODILY INJURY I Par rairnnl BODILY INJURY IPu IMri, Ill PROPER IY DAMAGE Pm Rerl; { 3 3 S 1,000,000 X UMBRELLA LIAB X OCCUR B EXCESSLMe CLAIMS -MADE X X 15811075729 DFI I X RETENTION 5 0I 11113!2016 11/13/2017 CACTI OCCURRENCE AGiGREIJAIE 3 7.000.000 S 14,000,000 COMPENSATION P:F r—_, AND WORKERS EMPLOYERS' AND EMPLOYERS LIABILITY YIN C ANY PROPELLTC+ 'ARIIr P.•FAFIh EP aJOeD^ (us datoryPSEInM NN) C (Mandatory If yes rlrscte rrda DESCRIPTION OF DPIRATIONS alnw X !WC4074430-02 WC4074481-02 (WI ONLY ) 11(1372016 11/1312016 11113!2017 11/13/2017 X s-aTUTr eD.. FL EACH AGGIUEN1 EL DISE4F-FA EMPLOYEE h I DISEASE - POLICY LIMIT 3 S { 1000.000 1,000.000 1,000.000 DESCRIPTION OF OPERATIONS i LOCATIONS. VEHICLES IACORO 101, Additional RnmaMs Schedule, may Is aRached if mart space Is rewind' RE: Project: Weld County Elevator Maintenance County of Weldis hereby listed as an additional insured with respects to General Liability and Auto Liability as per written contract. (SEE ATTACHED) L.CK I It BAR I C niJLUCR COUNTYW County of Weld 1150 "O,. Street Greeley, CO 80631 ^ •^��.--..•'^- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE n t" aftr26,41 -LNIR YL.VRU L.VRrVnn, Nn. P1.,..M..u•v.-.c..v... ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE COUNTYW INSUREDS NAME Elevator Technician SUBUR-7 OP ID: SB PAGE 2 Date 11/11/2016 Waiver of Subrogation applies to the listed additional insureds with respects to General Liability and Auto Liability, and Workers Compensation. Excess/Umbrella follows form 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 October 17, 2016 To: Board of County Commissioners From: Toby Taylor Subject: Elevator Maintenance; Bid #61600151 As advertised, this bid is for performing elevator maintenance at County Buildings. The low bid from Elevator Technicians meets these specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to Elevator Technicians for the amount of $17,034.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director tOks4 M CO ao 0 0 T ozm w M Z`)UON 00 Q V O 3 ONO N a O O N N mo oE Oom Z N OE00 OOO J p c0 co c O - W W Q LLM I - z W F- CC W W Z00 Z o W z ZO N Q W (00g) m>z o OWJ7v owm, w 0- C4(531-‹ O Ii.i l- -U.wm0J OwcowO wD<ZU)O: I-Omowm <ww_wO. OWOM .a V) Q. as 2 W 2z w W <-1 W 0 W wO F- OM 0 W J Q 2›. Ow Z D 0 0 0 z w O M O O W CD N E3 3.75% each year N o M M Ea 49 M O ti 47, 40, oo 0 c4 ci r. 002 M r N 49 4R 0 N 0 0 N 00 U) 0 0 O O M M I ' I I Lco co ea d cu T c NMV:r III C 0002 W W W O HF-F-r O coo O 1n N ci 404 M vmw vf� 6f! fR 4f! 4f, N II 0 W I- I - O w 0 0 E d' 01 44 N 44 0 0 o N <D ai 601 0 4t et cc O: y 0 0 0 Z C4 co in W N tD V 3 Z 0 J N N w y N N _ 000 Cwj� a��o0o a��o0o m CO0 Vp,NO 00 o..< 0 O.< 0 000 W ZMV O:O m�wc.i w() I V woow VVp z��z a ZW�z w0z z w iO W m 0 Z O› W o.cJ Z W p 2 J W Z J Qm O 0 m�W 2icw O WMt-W z"no co..D nO H >.QInV < O W SCOW YCOOW HC)NU. Q 1-0NU. O.MU. E **TOBY TAYLOR WILL REVIEW THE BI 0 Hello