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Home My WebLink About20161119.tiff AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY&ACC ROOFING INC ROOF REPLACEMENT THIS AGREEMENT is made and entered into this 25—day of Apr; / ,2016,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 ACC Roofing INC who whose address is 1713 E Lincoln Ave. #B3 Ft. Collins, 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 Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in "Proposal Package No. B 1600068. The RFP contains all of the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2.Service or Work. Contract Professional agrees to procure the materials,equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by competent Contract Professionals performing services of a similar nature to those described in this Agreement.Contract Professional shall further be responsible for the timely completion,and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated by either party at any time with notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If 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$39,500.00 which is the bid. Contract Professional acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Buildings & Grounds, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding,in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under I 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 odmeimmmillollamilleilw 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: ACC Roofing INC Attn.: Jonah Lovendahl, President Address: 1713 E Lincoln Ave.#B-3 Address: Ft. Collins,CO 80524 E-mail:jonah@roofsbyacc.com Facsimile: (970)493-2801 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail:ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contract Professional shall comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations,representations,and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest—C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect,that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person having such known interests.During the term of this Agreement,Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement.Failure by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement.No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board,committee or hold any such position which either by rule,practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Severability. If any term or condition of this Agreement shall be held to be invalid,illegal,or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq.,as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County,Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law,and rules and regulations established pursuant thereto,shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional shall not use E-Verify Program or State of Colorado program procedures to undertake pre- employment screening or job applicants while this Agreement is being performed. If Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three(3)days that Contract Professional has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall,within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional has examined the legal work status of such employee,retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq.,County,may terminate this Agreement for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages. • Except where exempted by federal law and except as provided in C.R.S. §24-76.5-103(3), if Contract Professional receives federal or state funds under the contract,Contract Professional must confirm that any individual natural person eighteen(18)years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law,(b) shall produce one of the forms of identification required by C.R.S. §24-76.5-101, et seq.,and (c)shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Compliance with Davis-Bacon Wage Rates. Contract Professional understands and agrees that, if required the work shall be in compliance with the Davis-Bacon Wage Rates. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional,concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person.Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 32. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms.Both parties further agree that this Agreement,with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this - day of , 201 6, • CONTRACT PROFESSIONAL: ACC Roofing,Inc. By: Date VA* Name: 14-0v.,-1, Lvc.v cJ"I Title: i—t%t,•pc.4 WELD COdihYt Cam[ „ 4 ATTEST: �WJ 'i ��O BOARD OF COUNTY COMMISSIONERS Weld C s n Clerk to the Boa • WELD COUNTY,COLORADO BY: Deputy Cle t Boarll , ike Freeman,Chair MAY Q 4 2.n APPROVED AS T• FUNDIN +t86I (i%;; +� 'ROVED AS TO SUBSTANCE: 'e-gazitgegq Controller ` . _ Electe. Official or epartmen pHead APP VED AS O FORM: •/(// Director of General Services County Attorney 026/( — /// EX IT REQUEST FOR BID «'_` 1861✓ WELD COUNTY, COLORADO 1150 O STREET d,. GREELEY, CO 80631 DATE: FEBRUARY 18, 2016 BID NUMBER: #B1600068 DESCRIPTION: ROOF REPLACEMENT/PLAZA ANNEX DEPARTMENT: BUILDINGS & GROUNDS DEPT MANDATORY PRE-BID CONFERENCE DATE: 3/2/16 @ 1:30 PM BID OPENING DATE: 3/16/16 @ 10:00 AM 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: ROOF REPLACEMENT/PLAZA ANNEX LOCATED AT 822 7TH ST A mandatory pre-bid conference will be held at 1:30 PM on Wednesday March 2"d, 2016. Please meet at the Weld County Plaza Annex located at 822 7th St, 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: Wednesday,March 16,2016 A10:00 am (Weld County PurchasingTime Clock). PAGES 1-8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above-listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way,be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Qgpartments/Purchasing/index.html partments/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(D) 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 submit/mail hard copies of the bid proposal. B1600068 1 I 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. 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 on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County 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 Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. B1600068 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. 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. B1600068 3 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 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. B1600068 4 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. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free ti from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. B1600068 5 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 County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. B1600068 6 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request.Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating"Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof,the issuing company shall send written notice to the Weld County 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 Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the successful bidder. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. B1600068 7 Types of Insurance: The successful bidder shall obtain,and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage,and liability assumed under an insured contract, and defense costs,with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator,covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub- vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages.Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub-vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. B1600068 8 DESCRIPTION This bid is to replace the roof located on the two-story Annex located within the Weld County Plaza building located at 822 7th Street, Greeley, CO. This is a turn-key bid and will require the following: 1. The new roof will be fully ballasted EPDM type. Reuse of existing ballast is anticipated. Any additional ballast material shall be included in the bid. 2. Roof shall carry a 20-year manufacturers and installation warranty. The 20-year warranty will be for Labor and Materials. This will require the inspection of the manufacturer to certify warranty. Results are to be provided to County. 3. New 2-foot by 2-foot walk pavers shall be located at door and at same places as existing pavers. In addition, new equipment will be installed on the roof. Pavers will need to be installed to and around this new equipment. 4. The start date for this project is to be May 16, 2016. This will allow the contractor that is performing the building remodel time to install new curbs at the new equipment locations. 5. New metal cap is not required. However, any cap that is not useable must be replaced and included in the bid. 6. All penetrations and transitions shall be properly sealed and meet manufacturer's warranty. 7. Installation of new cover board will be required. All cover board and fasteners shall comply with manufacturer's specifications. Existing roofing and insulation may remain in place. 8. The only existing roof detail is attached to this bid. 9. Roof will be installed/attached in accordance with manufacturer's recommendations 10. Provide name of manufacturer along with appropriate cut sheets and warranty information with bid. 11. Provide detail of what is included and excluded from bid 12. Payment and Performance bond is required. PRICING: ROOF TOTAL $ FINISH DATE 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. #61600062. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. B1600068 9 FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID# PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **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 -8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Director of General Services B1600068 10 Below are the answers to questions that occurred for the Roof Replacement--Plaza Annex bid #B1600068. 1. Can we use the parking lot to the East as an area to stage our supplies on the roof? Answer: Yes. But it would need to be after-hours. Normal hours are 7:30 AM until 5:30 PM. 2. What is the number of 2'x2' concrete walking pads you would like us to place back onto the roof to equipment? Answer: 30 each. 3. Can you provide a drawing that will show the final configuration on the roof(e.g. equipment removed and new items installed)? Answer: Yes. That detail of the remodel is an attachment. ADDENDUM #1 BID REQUEST NO. B1600068 ROOF REPLACEMENT— PLAZA ANNEX Buildings & Grounds Dept. PLEASE AMEND ITEM 4 ON PAGE 9 AS FOLLOWS: 4. The start date for this project is to be June 27, 2016. This will allow the contractor that is performing the building remodel time to install new curbs at the new equipment locations. ***Please sign and fax back to Weld County Purchasing (a 970-336-7226. Thank You!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY TITLE MARCH 14, 2016 IIIFIRM ACC Roofing,Inc. BUSINESS ADDRESS 1713 E.Lincoln Ave.#B-3 CITY, STATE, ZIP CODE Fort Collins,CO. 80524 i TELEPHONE NO 970-493-2801 FAX 970-493-8868 TAX ID# 20-1089682 PRINTED NAME AND TITLE Jonah Lovendahl,President ifif SIGNATURE E-MAIL jonah@roofsbyacc.com DATE 3/./ G **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 -8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Director of General Services B1600068 10 DESCRIPTION This bid is to replace the roof located on the two-story Annex located within the Weld County Plaza building located at 822 7th Street, Greeley, CO. This is a turn-key bid and will require the following: 1. The new roof will be fully ballasted EPDM type. Reuse of existing ballast is anticipated. Any additional ballast material shall be included in the bid. 2. Roof shall carry a 20-year manufacturers and installation warranty. The 20-year warranty will be for Labor and Materials. This will require the inspection of the manufacturer to certify warranty. Results are to be provided to County. 3. New 2-foot by 2-foot walk pavers shall be located at door and at same places as existing pavers. In addition, new equipment will be installed on the roof. Pavers will need to be installed to and around this new equipment. 4. The start date for this project is to be May 16, 2016. This will allow the contractor that is performing the building remodel time to install new curbs at the new equipment locations. 5. New metal cap is not required. However, any cap that is not useable must be replaced and included in the bid. 6. All penetrations and transitions shall be properly sealed and meet manufacturer's warranty. 7. Installation of new cover board will be required. All cover board and fasteners shall comply with manufacturer's specifications. Existing roofing and insulation may remain in place. 8. The only existing roof detail is attached to this bid. 9. Roof will be installed/attached in accordance with manufacturer's recommendations 10. Provide name of manufacturer along with appropriate cut sheets and warranty information with bid. 11. Provide detail of what is included and excluded from bid 12. Payment and Performance bond is required. PRICING: ROOF TOTAL $ 39,500.00 FINISH DATE 9/27/16 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. #B1600062. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. B1600068 9 A 7\ AU_ servinW the CO t tructuMt wq.ciAkstry s,(444:e4 1998 Laikumusal HUBZone Ballasted EPDM Re-roof (20 Year Manufactures Warranty) To: Weld County Purchasing Dept. Date: March 16,2016 Attn: RE: ROOF REPLACEMENT/PLAZA ANNEX 1150 O Street Room#107 822 7th St,Greeley CO 80631 Greeley,CO 80631 (Partial replacement per attached roof plan) Phone: (970)356-4000 Bid#B 1600068 Fax: (970)336-7226 Page 1 of 3 1) Per attached roof plan and submittals remove sections indicated and dispose of existing roofing membrane, re-using ballast and leaving existing insulation. All HVAC curb raising or line work by other not included(installing new membrane/roofing around curbs is included). 2) Install new /z"cover board over existing ISO insulation as required by manufacturer. 3) Replace all metal coping that is not re-usable. 4) Install 30 concrete walk pads. 5) Install RPI .060 mil Black EPDM ballasted membrane roof system with complete details installed per manufacturer's instructions. 6) Install new RPI pre-fabricated pipe boots. 7) Clean and remove all related debris. 8) Total investment for this work is$39,500.00. 9) Upon completion of the work and payment in full,a 20 year Labor and Material Guarantee will be issued. 10)Payment Terms:Net 30. TERMS & CONDITIONS ACC Roofing,Inc.,(ACC)hereby propose to furnish labor and materials-complete in accordance with the above specifications. Bills are to be paid upon completion unless other arrangements have been made. If the above specifications include repair of any insured loss,the party accepting this proposal (1)warrants that he or she is authorized to sign on behalf of the insured party, (2)hereby assigns to ACC on behalf of the insured party any and all insurance payments or proceeds made or received against the insured loss up to the total amount payable under this contract,including costs of collection and attorneys' fees, and(3)agrees on behalf of the insured party that such payments or proceeds, if not immediately paid to ACC, will be held in trust for the benefit of ACC. Unpaid balances shall incur interest at the rate of 1.5%per month and any account turned over for collection shall be assessed all costs of collection, including attorney's fees. 1. We are given permission to place a sign on your property during construction process. 2. Check all breakables including light fixtures,pictures,mirrors,etc.,to make sure items such as these are secure. We will not assume responsibility for any damage as a result of re-roofing. 3. It is your responsibility to move or protect all items that could be damaged from debris falling from the roof during tear-off/removal of existing roofing materials. Items such as;lawn furniture, 1713 E. Lincoln Avenue, Suite B-3, Fort Collins,CO 80524 I Phone(970)493-2801 I Fax(970)493-8868 www.RoofsbyACC.com I Info@roofsbyacc.com I Alt Phone(303)440-7085 . .c+.,.av�r�.v..v.:.n•.cmwau.�.+.- .vrownuvaam.m-.varm-.n.a vr^ grills,umbrellas,etc.,or any interior items where a ceiling is not finished and debris can fall 0 through the sheathing such as a garage area. The detail cleaning in any attic space,storage,or interior area where a ceiling is not finished is your responsibility. 4. The contract price assumes that our company has full access and utilization of driveways, walkways,and side yard access,for trucks,dumpsters and equipment during the course of the project. ACC Roofing,Inc. is not liable for items such as cracked parking lots,driveways if used during construction. Unless notified upon acceptance of this proposal and the proper price or labor adjustments made and agreed upon we assume no responsibility for the use of the above- mentioned accesses. 5 New metal flashings,jacks,caps,etc.,will not be painted unless specified. 6. We will not assume responsibility for siding&trim touch up paint. 7. Antennas up to twenty feet in height will be removed and reinstalled,but we are not responsible for physical damage or poor reception due to replacement of the unit. Satellite dishes will be removed and reinstalled,but we are not responsible for realignment in any way. 8. Any surplus materials remain the property of ACC Roofing,Inc. 9. If exterior electricity is not available please provide our crews with access to an interior outlet. 10. ACC is not responsible for any previous work completed by another contractor,owner,person, etc.or problems arising following the re-roof process of this previously completed or installed work,equipment attached to the roof such as;swamp coolers,mechanical connections inside the attic, loose wiring,sprinkler systems or controls,electrical breaker issues,etc. 11. The owner is responsible for notifying ACC Roofing,Inc.of any owners association requirements concerning shingle type,manufacturer,color,etc.and getting all approvals necessary from said association prior to the re-roofing process. 12. All suits,proceedings and other actions relating to or arising out of this agreement shall be submitted to the jurisdiction of the courts of the State of Colorado,and venue for any such suits, proceedings and other actions shall be in Larimer County,Colorado.The Parties hereby waive any claim against or objection to jurisdiction and venue in the courts of Larimer County, Colorado. 13. If payment is late,ACC will incur costs arising from staff accounting and collection activities that will be difficult to quantify and prove. The parties wish to liquidate the amount ACC will be permitted to recover for such costs. Therefore if payment is late,ACC shall recover an "Administrative Charge"in the amount of$250.00 per month for every month payment is late until legal action is commenced to recover amounts due. ACC's right to recover the Administrative Charge will not affect ACC's right to recover other damages,costs,or fees. Authorized Signature Date 3,/c,/L J nah Lovendahi,President ACCEPTANCE OF PROPOSAL—The above prices,specifications,submittals&conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted: Yes No Signature Date Print Name page 2 822 7th St822 7th St, Greeley, CO 80631-3933 Report: 13235220 PITCH DIAGRAM Roof Plan NIC=Not In Contract NIC F f NICF NIC Re-roof Area F IIC j ? 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I`.- . . r' i /41M... , 57460 Dewitt Street 293 • Elkhart, Indiana94-34 46517-1078 ROYAL Phone 574 293eb site: • Fax per 2edge.c 0 EDGE 800-628-2957 • Web site:www.rpiroyaledge.com Roofing Products International Inc ROYAL EDGE EPDM LABOR AND MATERIAL WARRANTY Building Address: Sloss City slain Zip Building Owner: Job Completion Date: System Applied: ❑ Fully Adhered ❑Mechanically Attached Ballasted Mil Thickness: ❑ .045 ❑ .060 Labor Warranty Term: ❑ 5 yrs. ❑ 10 yrs. ❑ 15 yrs., 2 U ye% Subject to any terns and conditions contained herein,Roofing Products Intemalional.Inc.("R.PI:')warrants to the Building Owner("Owner")that it will repair any leaks which occur during the warranty period due to a defect in: I1 any materials supplied by R.P.I.which are incorporated into the tooling system: and/or (2) tie workmanship of the R.P.I.Registered Applicator. R.P.1.'s duties and obligations under this warranty shall not extend beyond tie specified warranty period.This warranty is further subject menus s,exclusions and limitations stated below. CONDITIONS EXCLUSIONS LIMIT I. The building owner must inform R.P I.of any and all alterations or repairs to the roof system.All work must be performed by a regisk antra r,to by R.P.I.,using only R.P I.supplied materials.Any deviation will result in R.P.I.declaring this warranty null and void. 2. This warranty is not a guarantee that your roof will never leak.It is an agreement by R.P.I.to repair any leaks caused h'defects in the materia v .I.and/or the workmanship of its registered applicator which occur during the warranty period, NOTE: Materials for purposes of this warranty refers to any components supplied by R.P.I.with t 'an of the Royal., e EPD, embrane itself which is covered by a separate warranty. 3. This warranty does not apply to defects in or deterioration of the Royal Edge Membrane itself.(Se.Limited Membr amity.) 4. Asa condition of this Warranty within thirty(30)days of the discovery of any leaks in the Royal• ng Sy wner m ably R.P.I.in writing by certified mail return receipt requested at R.P.1.'saddress listed above or any other address of which owner is notified by' `. By son owner authorizes RP.),or its designee to investigate the cause of the leak.If upon investigation R.PI.determines that the leak is causal by a defect in the mat• suppli', proved by e workmanship of the registered applicator in installing the system,the owner's sole and exclusive remedy and R.PI's liability shall be limited to the re k.S d the investigat reveal that die leak is caused by something other than the aforementioned causes.investigation and repaircoss shall be paid by the owner.Failure y owne • .,costs shall re er this warranty null and void. NOTE: If a leak is determined by R.P.I.to be outside the scope of this war ty,R.P.L. the owner of the type and/or the extent of repairs required to be made at the owner's expense which,it the owner properly makes,will permit this so remain in he u expired portion of its term.Failure by the owner to make these repairs in a reasonable manner within a reasonable time shall render this{ and void. 5. R Pr,shall have no obligation hereunder tithe leaks or damages are caused by any he (a) Natural disasters or unusual natural phenomena including but at limited to tare ail,h i canes,tornadoes,earthquakes.acts God,negligent accidents,misuse,lire.vandalism, wars,civil disobedience:defects in the underlying mated ,.moist •con ineering or stmetaral flaws in building design:pointing water,usage or spillage of material or substance not compatible with EPDM(i.e.petroleum ' or cons n of any machinery duets,saran.or openings in the roofing system:and/or holes,punctures,and lacerations due to shipping.installation or usage. (b) Failure by the owner.lessee,or other users of the building to use sonab e maintaining the roof,said maintenance to include.without limitations.compliance with the Royal Edge EPDM Rubber Roofing Care and Maintenance Procedures outline the reverse s this warranty. (c) Failure by the registered applicator to ins, •nofing system accord' I:s design specifications ler installation, (dl Failure of the owner to comply with every c ',nor limitati green. 6. R.P.I.shall have no obligation under this Warranty salt .vet to R.P.I.,any R.P.I.agent,distributor.Of representative.and/or the registered applicator have been nut. 7. During the Warranty Period.R.P.I.,it. gents or employ. r she s •ess to the roof during regular business hours, 8, The failure of R.P.I.at any time t ny of the to in shall' constitute a waiver of its right to enforce any of the terns at any later tine. 9. If P.!.is the sole judge of any eel in the materials it sup, s or approves and/or any defect in the workmanship of its registered applicator. 10. R.P.I.has no responsibility f ny matte desi' •• peering,or condition of the building owner's existing roof and/or roof deck or the compatibility or adaptability of its product to the owner's roof and/or roof dec I.Re` Edge EPDM Roofing System mid its adaptability to the building shall be the sole determination of the owner,and/or owner's dcsignce.and not R.P.I..or any R.P.I.agent. sr. II. If the Royal Edge Membrane and/orroolmug systeirt a of installed according to R,P.I.'s daign specification R.N.'s obligations under this warranty will be nulfified. 12. This warranty is made for theexctusiv •rent of ilding owner and cannot be assigned. K.P.d.DOES NOT WARRANT PRODUCTS IN RPORATED OR UTILIZED IN THIS INSTALLATION WHICH IT HAS NOT SUPPLIED OR APPROVED.R.P.I.SPECIFICALLY DISCLAIMS LIABILITY,UNDER ANY THEORY OF LAW,ARISING OUT OF THE INSTALLATION OR PERFORMANCE OF,OR DAMAGES SUSTAINED BY OR CAUSED BY,PRODUCTS NOT SUPPLIED BY 112.1. THIS LIMITED WARRANTY SUPERSEDES AND IS IN LIEU OFALL OTIIER WARRANTIES WHETHER WRITTEN OR ORAL,EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR THING OR OF MERCHANTABILITY.THIS LIMITED WARRANTY SHALL BR THE OWNERS SOLE AND EXCLUSIVE REMEDY AGAINST R.P.I.AND R.P.I.SHALL NOT BE LIABLE FOR ANY INCIDENTAL,CONSEQUENTIAL,SPECIAL OR OTHER DAMAGES INCLUDING BUT NOT LIMITED TO,LOSS OF PROFITS OR DAMAGE TO THE.BUILDING OR ITS CONTENTS OR THE ROOF DECK. THIS LIMITED WARRANTY CANNOT BE AMENDED,ALTERED OR MODIFIED IN ANY WAY EXCEPT INA WRITING SIGNED BY THE PRESIDENT OF R.P,I.OR A PERSON TO WHOM AUTHORITY HAS BEEN DELEGATED IN WRITING.NO R.P.I.AGENT,DISTRIBUTOR,OR REPRESENTATIVE,NOR ANY INSTALLER/APPLICATOR HAS AUTHORITY TO BIND R.P.I.WITH ANY REPRESENTATION OR WARRANTY WHETHER ORAL OR WRITTEN. Building Owner or Designate Signature: Date: Owner or Designate agrees to terms and conditions of warranty only.Signature required to initiate warranty(see reverse for mailing address). ROOFING PRODUCTS INTERNATIONAL,INC. By: Title: President Warranty Number: Date: Applicator: R.P.I.,Inc. 1999 Royal Edge EPDM L&M Warranty Rev.4/12 /1:aliPI 57460 Dewitt Street 9 96 • F, Indiana 94-34 1078 ROYAL Rhone(5tt S reef• Elkhart, • Fax than 46517-1 50 800-628-2957 • Web site:wwwrpiroyaledge.com EDGE ems„ Roofing Produces Intematronal,Inc. ROYAL EDGE EPDM RUBBER ROOFING SYSTEM CARE AND MAINTENANCE PROCEDURES CONGRATULATIONS on your purchase of a R.P.I.Royal Edge EPDM Roofing System.Your roof is a valuable asset which must be properly maintained to ensure it pe►fonns as designed.Owners must comply with the following care and maintenance procedures to keep the coverage provided under the LABOR AND MATERIAL WARRANTY in full force and effect. 1. Ensure that the Royal Edge Membrane is not exposed to liquids such as solvents,greases,oils,and petroleum-based products.These products will adversely affect the membrane. NOTE: If the Royal Edge Membrane is subject to contact with any type of chenric R.P.I.shall be informed immediately.Should the Royal Edge Membrane come in contact with _ a tese substances,immediately clean the area with membrane cleaner. 2. Ensure that ponding water(defined as 1/8"deep standing water on any area oft o ei (48)hours after it stops raining)is not allowed on the roof.Ponding water is a detriment to any flat r t be allowed to persist. 3. Ensure that all drain areas and drains are cleaned on a regular basi is will allot for er water runoff and avoid overloading the roof with ponding water. 4. Keep all counter flashing,metal work,drains,equipment cu sup nd other rooftop accessories functioning in conjunction with the roofing system prop- ned at s.R.P.I.encourages an annual roof inspection program be arranged,that utilizes qualifi•i •• .f the regi ered applicator to perform this function. S. If there is to be foot traffic on the roof for any re on a • basis(30 days or less in frequency),contact your applicator before proceeding for the installation tive - pads. 6. Caution all tradesmen servicing roof equipment t t e an 'DM Membrane roof,and that they should proceed accordingly. 7. Should there be an addition to the builds tie to the R.P.I.Royal Edge Roofing System,contact R.P.I.to ensure the tie-in is in accordance with R.P. . • eci 1 ns. 8. If any additional equipment is ed on you (e.g.HVAC units,TV antennas,etc.),contact R.P.I.in writing,for approval before proceeding. 9. Should you have a le and/or di I . feet in or deterioration of the system you must: (a) determine c se bye ecking +r the obvious:clogged drains,loose counter fleshings,broken skylights,open grills or vents,br (b) notify R.P.I. roble in writing within thirty(30)days of discovery;and (c) make temporary th R.P.I.Lap Caulk if necessary. NOTE: Do not use roof ement for installation or repair of Royal Edge Membrane or flashing,as it contains petroleum and may cause permanent damage to EPDM products. R.P.I.believes the foregoing procedures will assist you,the building owner,in maintaining a watertight roof and in obtaining the maximum return on your investment in R.P.I.'s roofing system.Remember,maintenance is not only essential,it is required. Owner or Designate must sign warranty and return to R.P.I.for final processing. Thank you for your assistance. Submit signed copy within 30 days of signing directly to: Attn:Warranty Processing Department Roofing Products International,Inc. 57460 Dewitt Street Elkhart,IN 46517-1078 Royal Edge MTN/L&M Warranty-Rev.4/12 Marcia Walters From: Sonja Gilbert <sonja@roofsbyacc.com> Sent: Tuesday, March 15, 2016 1:58 PM To: bids Cc: Jonah Lovendahl Subject: Roof Replacement/Plaza Annex Attachments: Roof Replacement Plaza Annex.pdf Please see attached proposal for the Roof Replacement / Plaza Annex project. I hereby waive my right to a sealed bid. THANK YOU. SONJA GILBERT OFFICE MANAGER ACC CONSTRUCTION, INC. SONJA@ROOFSBYACC.COM P: 970-493-2801 F: 970-493-8868 1 Marcia Walters From: Sonja Gilbert <sonja@roofsbyacc.com> Sent: Tuesday, March 15, 2016 1:58 PM To: bids Cc: Jonah Lovendahl Subject: Roof Replacement/ Plaza Annex Attachments: Roof Replacement Plaza Annex.pdf Please see attached proposal for the Roof Replacement / Plaza Annex project. I hereby waive my right to a sealed bid. THANK YOU. SONJA GILBERT OFFICE MANAGER ACC CONSTRUCTION, INC. SONJA@ROOFSBYACC.COM P: 970-493-2801 F: 970-493-8868 1 • I A 8 A z o c 0 o 000 0 �O 0 0 0 O i F o O °z 0 0 < _ 11 ,t1 hal rLL m 0 M 01 N E co K W N g , ti 0 W � � • ak 01 .-I cn Z• XU E M m O H o ff r ao w OD 3 a < N \O � up., a a co ❑ E r - w Era 0 H q O -0 ill ZEcE n0 ❑ PC E a * 0 O � >. X a w C g 0 ❑ O ,n W ti u N a_ : a E O aW m'o 1 O ii ',2 F ao C7 b 5 o 0 to 5 co m >3 ro ii I ) °- W I e in C c Q W g r N = O I 0 I .c 3E v x e >,. p G Er 21, o y'Y t ro t u a . zwa -. L n.o . d E ❑ E -o o ° o o w N TaL 0 U Ex-H • co E 01 c O io Lv°P: � T ❑ a • ,--I u y Zd c'-, CO WWE � ,T, e_ `off, C E 3 V7 I"- C N 2 ro N N Q,' N n0 a co • 0 X O W x 3 N v c u U c.-1 W a X E O-• a o _ :5_, 2m co w , OZN � a= °' adTy ? o E m d fl a aDi E H O H N a aic c� y N H • a ° • ,,C0 000E ��yama�� V• z 1' 2 g '.' N F O 'm c c� r°12 O < fD U z 31 II co alxsF:C onoo.,- 00 � m W WO w <I 0 OE. a0 3►m- °mot i. C > <0 j H it3� o ❑ ❑ Oa o �vyofm c O 4 , m U O I W W W a - a._..a .5 o C 0(n c�`6 2ZU ' I a Er.C < < 0000 m '9 d.�� m� u �c+ O H a Cl Z a O O H .�.• O O, C 71 ° 'p0 p w 00) • W W OO W x omvroa; v `o � € C7 0 z Z H C W a w u ro L 0'_≤a u!v r T H,V H H a H U X V7 o w m a, u d N t t C w r, m �1 as w r� 0wt� aa 9._- �, € NN `Oo, p p, y NI Q 0 a E-I z ❑ n N y c c-0 a,,- dj o (V' 0 w U 0 a z a O z m N.°•-10 a 12- � d rolW a E Wcn < Wx `l.2allE ^L3aoo i/ C O OI c•1 E a H V7 a' ro~ x w C O O U ,-a a a r sC m n °Taor m.0 = '= O1 U r O W Lu V7 a N W r7 t c ro ....c - u,.n._ • a �. rCr- W W OHOFCH 7 u 3cc � o cm W O x E-' ,. H no` romx. on a aFv7W ❑ 3 cc,;-go -0 -2"E =.y_. _9 a m N o,a-.w v 0Z= N 3 W $t� 2F2oz23 UO-=IO 0.0z 0-m t I——N Oi 4 In til Act CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) f\�- 4/13/2016 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). y PRODUCER CONTACT Kylie Miller, CISR NAM Flood and Peterson PHONE Extl: (970)266-7148 I Mt.No):(970)506-6845 PO Box 578 ADIESS:RM111Ar@floodpeterson.con INSURER(S)AFFORDING COVERAGE NAIC N Greeley CO 80632 INsuRERA CSU Producer Resources INSURED INSURER B:The Cincinnati Insurance Co. ACC Roofing, Inc. INSURER CPinnacol Assurance. _ 1713 E. Lincoln Ave. , INSURER D: Unit B3 INSURERE: Fort Collins CO 80524 INSURERF: COVERAGES CERTIFICATE NUMBER:CL164510119 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 TYPE OF INSURANCE ADDL SUBRI POLICY EFF POLICY EXP D/ LIMITS LTR INSD WVD POLICY NUMBER IMM/DYYYY) (MM/DDIYYYY) X COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 A X I CLAIMS-MADE XJ OCCUR DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ CSU0069287 4/15/2015 6/1/2016 MED EXP(Any one person) $ Excluded PERSONAL IL ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X ZS- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Employee Benefits $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS Epp0321065 4/15/2015 6/1/2016 BODILY INJURY(Per accident) $ x HIRED AUTOS x NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) Uninsured motorist combined $ 1,000,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED J RETENTION$ $ WORKERS COMPENSATION X I STATUTE I I ERH AND EMPLOYERS'LIABILITY Y/N - -- ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N N/A C (Mandatory In NH) 4081645 6/1/2015 6/1/2016 E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 B Leased/Rented Equipment EPP0321065 4/15/2015 6/1/2016 565,000 Limit $1,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County Buildings & THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Grounds Department ACCORDANCE WITH THE POLICY PROVISIONS. 1105 H Street P.O. Box 758 AUTHORIZED REPRESENTATIVE Greeley, CO 80632 K Miller, CISR/KMILLE ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 i7n14nn arEllEsa, DEPARTMENT OF BUILDINGS AND GROUNDS PHONE : ( 970 ) 304-6531 FAX : ( 970 ) 304-6532 \talassin�___ WEBSITE : www . co . weld . co . us GO �. NT 1105 H STREET P . O . BOX 758 GREELEY, COLORADO 80632 April 4, 2016 To : Board of County Commissioners From : Toby Taylor Subject : Roof Replacement — Plaza Annex; Bid # B1600068 As advertised , this bid is to replace the roof on the Annex Building located at 822 7th Street, Greeley . The low bid received was from ACC Roofing and meets specifications . Therefore, Buildings & Grounds is recommending the bid be awarded to ACC Roofing for $ 39, 500 . 00 . If you have any questions, please contact me at extension 2023 . Sincerely, Toby Taylor Director WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E-Mail: mwalters(c�co.weld.co.us ► _ `:. •" � E-mail: reverett(a�co.weld.co.us 1 � ■�,'I Phone: (970) 400-4222 or 4223 Q LO- Y Fax: (970) 336-7226 DATE OF BID: MARCH 23, 2016 REQUEST FOR: ROOF REPLACEMENT- PLAZA ANNEX DEPARTMENT: BUILDINGS & GROUNDS DEPT BID NO: #B1600068 PRESENT DATE: MARCH 28, 2016 APPROVAL DATE: APRIL 11, 2016 VENDOR TOTAL FINISH DATE ACC ROOFING INC $39,500.00 9/27/16 1713 E LINCOLN AVE #B-3 FT COLLINS CO 80524 BOB BEHRENDS ROOFING $43,403.00 5/31/16 614 5TH AVE GREELEY CO 80631 DOUGLASS COLONY GROUP $48,000.00 15 working days 110 14th AVE GREELEY CO 80631 COLORADO MOISTURE CONTROL INC $53,123.00 7/15/16 4950 E 56th AVE COMMERCE CITY CO 80022 TECTA AMERICA $55,375.00 7/29/16 1881 W 13th AVE DENVER CO 80204 SUPERIOR ROOFING INC $62,441.00 90 days from NTP 14700 E 39th AVE AURORA CO 80011 FRONT RANGE ROOFING SYSTEMS LLC $74,250.00 9/23/16 222 13th AVE GREELEY CO 80631 **START DATE WILL BE JUNE 27, 2016 PER ADDENDUM. TOBY TAYLOR WILL REVIEW THE BIDS. 2016-1119 13G-tol Hello