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Home My WebLink About20161389.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR ROOF REPLACEMENT AND AUTHORIZE CHAIR TO SIGN - D AND S STEEL BUILDINGS, CO. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Professional Services for Roof Replacement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and D and S Steel Buildings, commencing upon full execution and ending with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Professional Services for Roof Replacement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and D and S Steel Buildings be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of April, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: adito't4 Mike Freeman, Chair Weld County Clerk to the Board / / I E 11 an P._Conway, Pro-Te v BY: D . ty Clerk to the Board �� 0, ly o (/( .L""'oj 1161 I `� ''- J. ie Cozad • >� l el,9 \c'y ra Kirkme r nt<y rney // -- Steve Moreno Date of signature: ! pIl Cc : Cti;SG _v-Z_ t (O 2016-1389 BG0018 -ft' ., DEPARTMENT OF BUILDINGS AND GROUNDS ►��l = PHONE: (970) 304-6531 ✓� FAX: (970) 304-6532 1 c D NI T Y , WEBSITE: www.co.weld.co.us 1105 H STREET I P.O. BOX 758 GREELEY, COLORADO 80632 April 20, 2016 To: Board of County Commissioners From: Toby Taylor Subject: 300 8th Avenue Roof Replacement This informal bid was performed to obtain pricing to replace the roof on the future Radio Repair Shop at 300 8th Avenue, Greeley. The low bid received was from D&S Steel Buildings and meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to D&S Steel Buildings for $23,836.00. If you have any questions, please contact me at extension 2023. Sincerely, r / o aylor li Director g 2016-1389 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & D & S STEEL BLDGS. CO. ROOF REPLACEMENT rA THIS AGREEMENT is made and entered into this day of , 2011, 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 D&S Steel Bldgs. Co. who whose address is 1503 2nd Ave. Greeley, CO, hereinafter referred to as"Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW,THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B,- each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibit A, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of Contract Professional's Response to County's Request for quote to replace the metal roof on the storage building located at 300 8th Ave.Greeley,CO. 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 Exhibit A. 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 Exhibit A 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 Exhibit A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract 020/0 - /3k7 Professional if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated by either party at any time with notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using,by whatever method it deems expedient;and,Contract Professional shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement,together with all other items,materials and documents which have been paid for by County,and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT-INCOMPLETE." Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties.No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder.In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance,an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Compensation/Contract Amount. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $23,836.00 which is the bid. Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Buildings & Grounds, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s)to County. Upon termination or expiration of this Agreement,unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contract Professional in respect of any period after December 31 of any year,without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25,title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers,agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes(if applicable)incurred pursuant to this Agreement.Contract Professional shall not have authorization,express or implied,to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor,to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County. County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL."However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Standard of Care. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement.Contract Professional further represents all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results,reports,etc.,generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of,or payment for,the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Weld County and the State must be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations,goods or services provided pursuant to this request.Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Should any of the above- described policies by canceled or should any coverage be reduced before the expiration date thereof,the Contract Professional shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent within thirty(30)days upon receipt of such cancellation from carrier or reduction unless due to non-payment of premiums for which notice shall be sent ten(10)days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contract Professional.Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided,the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall indemnify and hold harmless County, its officers, and employees, from and against injury, loss damage, or liability of Contract Professional arising out of the work done in fulfillment of the terms of this Contract,to the extent caused by a negligent act, error, or omission, or on account of any claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. In consideration of the award of this contract,the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials,trustees, employees, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain,and maintain at all times during the term of any Agreement,insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute,and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act.,AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of$1,000,000 for bodily injury per person,$1,000,000 for bodily injury for each accident,and$1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned,hired,and non-owned vehicles used in the performance of this Contract. Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement,and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities upon request by the County. 14. Non-Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval by County shall,at the option of County,automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. To the extent required by law,the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. • 16. Interruptions.Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative")who shall make,within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative.The County Representative for purposes of this Agreement is hereby identified as,Director of Weld County Department of Buildings&Grounds,or his designee. All notices or other communications(including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c)electronic transmission via email at the address set forth below,where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es)by written notice to the other. Notification Information: Contract Professional: D&S Steel Bldgs. Co. Attn.: Harold Satur, Salesman Address: 1503 2nd Ave. Address: Greeley, CO 80632 E-mail: Facsimile: (970) 353-8526 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail:ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contract Professional shall comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations,representations, and understandings or agreements I with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest—C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests.During the term of this Agreement,Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement.No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board,committee or hold any such position which either by rule,practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E-Verify Program or State of Colorado program procedures to undertake pre- employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall,within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee,retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq.,County,may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract Professional receives federal or state funds under the contract, Contract Professional must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Compliance with Davis-Bacon Wage Rates. Contract Professional understands and agrees that, if required the work shall be in compliance with the Davis- Bacon Wage Rates. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional,concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person.Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 32. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms.Both parties further agree that this Agreement,with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2010. CONTRACT PROFESSIONAL: By: i S S 77 j 114/N5, C.0 Date 6,:r 6 „2 d/o Name: At . 4,1c7(Apt) Title: I r2/edt.1jyr, WELD CO at..,4 �;� Cc� fl_'� ATTEST: �1/ `�'�' BOARD OF COUNTY COMMISSIONERS Weld C inty Clerk to the Board WELD COUNTY,COLORADO BY: /- ,� • %'.IC `. ` Deputy Clej to the Bo. / R ,a!►., . ��Z ke Freeman, Chair APR 2 5 2016 APPROVEDASTF : PROVED AS TO SUBSTANCE: '40.462e4 Controller Elected cial o epartme Head kteGit APPROVED AS TO FORM: Director of General Services County Attorney 0201(0—/3 = Q 0 O O O) O '- Oal rr c6 csi C .� �9 o r co00 N a) c=n -V N N N - •-- >cl EA 413 EA Tii - L o n o U CO CU >, H C C .O , p > o N U I cn>+ c ' XI •— 0) d ai C = Rs N Ci 0 Q- al LE a) CO O O- "- a) V V a o_-j U •C >N O 0 H o C tz cLL � �' 2 Q L • U (7 = H O 0 co C a V o O b o cc 'a . OM= OI o U Q. m O I a) C' CC c 7F1 '5 c cz E m s C a) a5 ui f U 13 Q a) aa) in aa) >• = 0 - a) = E c;) o c E Nai m :Ni a) in •N > O cv O 5, ca U Q • p re t O 0 CU 2a f to Q o o Y Eca � m 00 O re M o n a) •- La a) o .c CD 2 I- N O =rn O a) as HQ O I CLAR ENTERPRISES CONSTRUCTION COMPANY PROPOSAL DATE:3/9/2016 PAGE 1 OF 2 PROPOSAL SUBMITTED TO: OWNER:WELD COUNTY BUILDINGS&GROUNDS JOB NAME:8TH AVE METAL ROOFING (CIO GARY CASSEDAY) ADDRESS:1111 H STREET JOB SITE ADDRESS:300 8'"AVE CITY:GREELEY CITY:GREELEY STATE:CO,80631 STATE:CO,80631 ARCHITECT: PHONE:970-590-3739-(GARY) DATE OF PLANS: WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR FURNISHING MATERIALS AND LABOR Scone of work Inclusions: 1. Remove existing R-panel Roofing,Ridge-cap,Trim,Screws,pipe flashings,Steel internal gutter system. 2. Install new white 26 Ga. R-Panel metal roofing, Ridge-cap, Screws,Eave Flashing, Box Rake Flashing, Stainless steel gutter system,Mastic tape on All Panels and Trim,Closure strips at Eave with mastic tape sealant,Deck-the pipe flashings on vent pipe roof penetrations. CHANGE ORDERS: 1. ALL CHANGES MADE BY OWNER OR ITS REPRESENTATIVE,CITY,COUNTY,OR STATE OFFICIALS,ARCHITECT OR ENGINEER FROM THE ORIGINAL CONTRACT WILL RESULT IN AN ADDITION OR DELETION TO THE COST OF THE ORIGINAL CONTRACT TOTAL. 2. CHANGES WILL NOT BE PERFORMED UNTIL BOTH CONCERNED PARTIES HAVE APPROVED THE CHANGE ORDER FORM. CONTRACTOR RESPONSIBILITIES: 1. ALL WORK TO BE CONDUCTED IN A WORKMAN LIKE MANNER ACCORDING TO STANDARD PRACTICES AND IN ACCORDANCE WITH OSHA REGULATIONS FOR SAFETY. 2. JOB SITE IS TO BE KEPT IN A CLEAN,SAFE AND ORDERLY FASHION.OLD METAL ROOFING TO BE REMOVED FROM JOBSITE. 3. CLARK ENTERPRISES CONST.CO.AND ITS SUBCONTRACTORS TO BE FULLY INSURED WITH WORKERS COMPENSATION,LIABILITY AND BUILDERS RISK INSURANCES.CERTIFICATIONS OF THESE POLICIES TO BE PROVIDED TO OWNER. 4. CLARK ENTERPRISES CONST.CO.IS NOT RESPONSIBLE FOR ACTS OF GOD,STRIKES,WEATHER DELAYS,MATERIAL SHORTAGES OR SHIPMENT DELAYS,OR ANY OTHER CONDITIONS BEYOND ITS CONTROL. 5. 1 YEAR WORKMANSHIP WARRANTY. OWNER RESPONSIBILITIES: 1. Trash dumpster. 2. Any electrical/HVAC work. 3. Bathroom facilities. 4. Any Cost for building permit. TERMS: I. WE HEREBY PROPOSE TO FURNISH LABOR AND MATERIALS-COMPLETE IN ACCORDANCE WITH THE ABOVE SPECIFICATIONS,FOR THE SUM OF: TWENTY FOUR THOUSAND-SEVEN HUNDRED FIFTY AND 00/100DOLLARS. ($24,750.00) WITH PAYMENTS TO BE MADE AS FOLLOWS:50%down payment,50%at completion. 2. A LATE CHARGE WILL BE ADDED AT A"PERIODIC RATE"OF 1.75%PER MONTH,WHICH IS AN ANNUAL RATE OF 21%IF PAYMENTS AS DESCRIBED ABOVE ARE NOT RECEIVED IN THIRTY DAYS FROM INVOICE DATE. 3. OWNER HEREBY GRANTS CLARK ENTERPRISES CONST.CO.A MATERIALMEN'S/MECHANIC'S LIEN ON THE SUBJECT MATERIAL AND LABOR IN THE EVENT THAT PAYMENT IS NOT MADE AS DESCRIBED ABOVE,AND AGREES TO THE FILING OF THIS DOCUMENT TO EVIDENCE SAID LIEN. AUTHORIZED SIGNATURE:CLARK ENTERPRISES CONST.CO. BY: ____,,1 ,,1_ _%� CLAR C CERPR SEES CONSTRUCTION COMPANY PROPOSAL DATE:3/9/2016 PAGE 2 OF 2 ACCEPTANCE OF PROPOSAL THE ABOVE PRICES,SPECIFICATIONS,AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. THE WORK IS HEREBY AUTHORIZED AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. ACCEPTED: DATE:_-,I_/--__ OWNER: NAME: TITLE: CONTRACTOR: CLARK ENTERPRISES CONST.CO. NAME:Tracy A Zwetzig.`Tat' TITLE:Proiect Manager—Clark Enterprises Construction. NOTE:THIS PROPOSAL GOOD THRU:March 315t 2016. D & S Steel Bldgs. Co. P.O. BOX 848 • 1503 2ND AVE. GREELEY, CO 80632-0848 Phone 353-3137 or Denver 659-9554 SALES CONTRACT WELD COUNTY BUILDINGS & GROUNDS DEPT. attn: Gary Casi' MARCH 16, 2016 NAME 1105 H. STREET GREELEY, CO 80632 email: gcasseday,c weldgov.com ADDRESS JOB. NO. BLDG. SITE 300 8th AVENUE GREELEY, CO 80631 TELEPHONE 970-590-3739 DESCRIPTION BUILDING: 60' X 64' 1 . Remove and Replace with 26 ga. White steel panels. 2. Remove existing insulation and place with 4" fiberglass with vinyl back. 3. Remove existing valley gutter and replace with 16 ga. Welded galvanized gutter. 4. Remove and replace 64 ft. of existing eave gutter. TOTAL CONTRACT $23,836.00 TO BE PAID AS FOLLOWS: Upon Completion. Any alteration or deviation from the specifications as shown herein will be executed only upon written orders for same,and will become an extra charge over or deduct from the sum quoted above and will be reflected in the amount due upon completion. When erection or installation service is furnished by this company the work will be completed in accordance with accepted standards. When erection or installation service is not furnished,our responsibility ceases when materials are delivered to the carrier or to the customer or his agent. This quotation will become an order upon execution by the Buyer and no contract shall be binding until approved and accepted by us. The Seller shall not be responsible for delays in deliveries due to fires,strikes,lockout or other labor trouble,floods,car shortage,embargoes,transportation delays,accidents at Mill,Government Regulations including Preference,Allocation or Priority systems for Government and other orders,or other contingencies beyond Seller's control. The above contract constitutes the entire agreement.between the parties hereto and all oral representations have been incorporated herein EWe hereby agree to purchase the above described material and products as represented herein. BUYER: SALESMAN: HAROLD SATUR APPROVED: APPROVED: DATE: DATE --- , -'l • A.J. SHIRK ROOFING COMPANY LLC 330 N. Lincoln STE 110 Loveland Co 80537 Cell: 970-690-0902 Fax: 970-669-5999 Loveland: 970-669-6999 Estes Park: 970-586-6999 a.g. shirk Ft. Collins: 970-223-5252 Longmont: 303-485-0150 reefing Greeley: 970-352-7999 anthonyostblom@msn.com Customer: Weld County (Gary Casseday) Date: 04/09/2016 Address: 1111 H St. City: Greeley Zip: 80634 Billing Address: City: Zip: Insurance Company: Claim Number: Mortgage Co: Home Tel: 970 590 3739 Bus. Tel: 1. Remove existing rake metal on the north east roof section. 2. Remove ridge cap. 3. Remove existing metal roofing on the north east roof section. 4. Remove all abounded pipes and pipe fleshings at this time. 5. Remove existing drip edge. 6. Replace any wet insulation R-19 vinyl faced at an additional charge.($1.85 per lineal foot) 7. Install new drip edge. 8. Install eave closure on roof eaves. 9. Install Rake edge metal. 10. Install metal roof Galvanized 24-gauge Span line 36"roof panels. 11. Install ridge cap. 12. Install new neoprene pipe flashings on all remaining pipes and HVAC penetrations. 13. Loosen roof panels on the eaves of the south west roof section and remove the galvanized gutter tray. 14. Install a new galvanized gutter tray in-between the two roofs. 15. Remove three panels on the west that have large holes from previous penetrations. PRICE:$28,775.00 Plus permit fee if applicable GENERAL TERMS:The Customer shall supply all electricity necessary for the work,All work will be done in accordance with the local codes and manufacturers specifications.Permits will be furnished by AJ Shirk Roofing if required.AJ Shirk Roofing will not be held responsible for interior damage caused by vibrations during the installation process. THE CUSTOMER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT. 1. Labor Warranty does not cover damage to roofs caused by lightning,gale force winds,(50mph)tornado,hailstorms or impact from foreign objects. Casualty or damage to roofs due to settlement,distortion,failure or cracking of the roof deck,walls or of the foundation of the building. 2. All surplus job materials belong to A.J.Shirk Roofing Company. 3. A.J.Shirk Roofing Company will purchase all necessary and required permits and will perform all work in a workmanship manner according to local building codes and specifications. 4. Customer agrees to deliver payment to AJ Shirk Roofing Company in the amount set forth herein within 10 days of completion of the work.Accounts for which payments are not received on,or before,the 10'h day following completion of work shall be subject to a late fee in the amount of 18%per annum.In addition a mechanics lien may be filed and a lawsuit initiated to collect such amounts.Checks not paid upon presentment shall be deemed delinquent,and in addition to any corresponding late fee,shall be subject to a returned check charge of$20.00and/or other amounts recoverable by statue at the election of AJ Shirk Roofing Company. 5. A.J.Shirk Roofing Company is not responsible to provide any materials or to perform any work other than what is described above. Replacement of deteriorated decking,fascia boards,ventilators,flashings or other materials is not included and will be charged as an extra fee unless otherwise stated herein. 6. This document sets forth the full and final agreement between all parties.All terms and conditions set forth herein shall be binding upon AJ Shirk Roofing Company and the Customer and shall hereby replace and supersede all prior agreements between the parties with respect to the subject matter herein.The terms o this agreement can only be changed upon the written agreement of both the Customer and AJ Shirk Roofing Company. 7. Warranty begins upon completion and payment in full. 8. This agreement may be cancelled by the Customer before commencement of the work upon the payment of a mobilization fee equell to 10% of the contract price Customer x Estimator/Company Date of Acceptance x Approved by ACC) ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM1DD/YYYY) 4/19/2016 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 CONTACT Katie Lebron-Frank CISR NAME: Flood and Peterson PHONE Ext): (970)266-7157 I;a.No): (970)330-1867 PO Box 578 E-MAIL ADDRESS:KLebron-Frank@FloodPeterson.com INSURER(S)AFFORDING COVERAGE NAIC# Greeley CO 80632 INSURER A Allied Insurance Co INSURED INSURER B:PinnaCOl Assurance 41190 D & S Steel Bldgs. Co. INSURER C: 1503 2nd Avenue INSURERD: PO Box 848 INSURER E: Greeley CO 80632 INSURERF: COVERAGES CERTIFICATE NUMBER:CL158704891 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER' POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ A ICLAIMS-MADE X OCCUR ACP3016735743 8/1/2015 8/1/2016 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 —G�EN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 I POLICY PRO LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED ACP3016735743 8/1/2015 8/1/2016 AUTOS BODILY INJURY(Per accident) $ AUTOS X AUTOS ED ,(Pen acidentERTY DAMAGE X HIRED AUTOS $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTION$ ACP3016735743 8/1/2015 8/1/2016 $ B WORKERS COMPENSATION X I TORY LIMITSI WC STATU- I0T H- AND EMPLOYERS'LIABILITY Y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y N/A 2229940 7/1/2015 7/1/2016 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is included as Additional Insured as required by written contract but only as respects to liability arising out of work performed by the named insured. The coverage is primary and non-contributory to any other valid and/or collectible insurance to the fullest extent the law allows per policy terms and conditions. Waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County Buildings & Grounds Sterling Geesaman, Project Coordinator 1105 H Street AUTHORIZED REPRESENTATIVE Greeley, CO 80632 K Lebron-Frank, CISR/ -91454-'14' ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025nn1nnetnl The.ACfKirl Home.nnrl Inn^arck re.nicfe.re.rl mmir4c of ACf1Rrl Hello