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Home My WebLink About20161181.tiff • AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY& RELIANT HEATING &AIR CONDITIONING SERVICE LLC ROOF TOP UNIT REPLACEMENT ++^ THIS AGREEMENT is made and entered into this 1 g day of Apr;L , 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 Reliant Heating & Air Conditioning Service, LLC whose address is 3481 E. 106th Place Northglenn, CO 80233, 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 1600072. 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 ec! i &Cri/SG) eana..4174 4L4 ceu LltA-1'J 34067/3 y°�'7 azy 02,7- /� 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 $54,800.00 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 Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s)to County. Upon termination or expiration of this Agreement,unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contract Professional in respect of any period after December 31 of any year,without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25,title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional's officers,agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes(if applicable)incurred pursuant to this Agreement.Contract Professional shall not have authorization, express or implied,to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent,which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor,to be bound to Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by this Agreement, assumes toward County. County shall have the right (but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain(as applicable),the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports,test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL."However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq.,with regard to public records, and cannot guarantee the confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contract Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Standard of Care. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results,reports,etc.,generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of,or payment for,the services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. Weld County and the State must be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent). Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations,goods or services provided pursuant to this request.Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Should any of the above- described policies by canceled or should any coverage be reduced before the expiration date thereof,the Contract Professional shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent within thirty(30)days upon receipt of such cancellation from carrier or reduction unless due to non-payment of premiums for which notice shall be sent ten(10)days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality,technical accuracy, and quantity of all services provided,the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall indemnify and hold harmless County, its officers, and employees, from and against injury, loss damage, or liability of Contract Professional arising out of the work done in fulfillment of the terms of this Contract,to the extent caused by a negligent act, error, or omission, or on account of any claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for injuries or damage received or sustained by any person,persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain,and maintain at all times during the term of any Agreement,insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute,and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act.,AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury,property damage,and liability assumed under the contract. 4 $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. maw 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 Public Works, 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: Reliant Heating &Air Conditioning Services, LLC Attn.: Marcin Gebala& Radoslaw Gebala Address: 3481 E 106th Place Address:Northglenn, CO 80233 E-mail: service@reliantchoice.com Telephone: (720)272-1009 Facsimile: County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeeley, 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 I • 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. 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 I Fu'l day of Arri t , 201.C. CONTRACT PROFESSIONAL: By: Date II 'l?=4 C Name: Iaarlo�LO r;e7,a (,a Title: (-o_ou"ER WELD CCQT�y Yj ATTEST: f/ �1/ BOARD OF COUNTY COMMISSIONERS Weld C. i ty lerk to the :oa d WELD COUNTY, COLORADO BY: • Chair Deputy Cle��, to the :oar f ` 1 . 1-a'`Mike Freeman, APR 2 7 2016 APPROVED AS TO FUN -!'G: 1 � ‘, PPROVED S TO SUBSTANCE: . , Controller f q{ Elected fficial or Department Head APP ED AS O FO ""'!"""'' , CED � Director o ene i Services County Attorney gal' . //1/ REQUEST FOR BID .-t WELD COUNTY, COLORADO 1861"" 1150 O STREET GREELEY, CO 80631 ‘i GOUNTY DATE: FEBRUARY 25, 2016 BID NUMBER: #B1600072 DESCRIPTION: ROOF TOP UNIT- 1551 N 17Th AVE BLDG DEPARTMENT: BUILDINGS & GROUNDS DEPT MANDATORY PRE-BID CONFERENCE DATE: 3/15/16 @ 1:30 PM BID OPENING DATE: 3/29/16 @ 10:30 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 TOP UNIT— 1551 N 17TH AVE BLDG. A mandatory pre-bid conference will be held at 1:30 p.m., on March 15, 2016, at the Weld County Building located at 1551 N 17th Ave, 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, 1150O Street Room#107 Greeley CO 80631 until: March 29,2016 a 10:30am (Weld County Purchasing Time 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/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E-Purchasing System. The Rocky Mountain E-Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County— 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e I d g o v . c o m . 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. 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. BID REQUEST#B1600072 Page 2 4. SUCCESSFUL BIDDER HIRING PRACTICES-ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. •I 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. BID REQUEST#B1600072 Page 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. BID REQUEST#B1600072 Page 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 NI 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 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. BID REQUEST#B1600072 Page 5 r 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. BID REQUEST#B1600072 Page 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. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain,and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: BID REQUEST#61600072 Page 7 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. BID REQUEST#61600072 Page 8 SPECIFICATIONS: This bid is for the replacement of the Roof Top Unit at Building 1551. Building 1551 is located at 1551 North 17th Avenue, Greeley, CO. This is a turn-key replacement project of the Roof Top Unit and will include the following: 1. Removal of the old Root Top Unit (RTU) and installation of new Roof Top Unit. 2. Replacement is to occur afterhours to avoid interruption to staff in building. Normal hours are 8 AM to 5 PM, Monday through Friday. 3. Replacement RTU must meet the minimum requirements of the existing unit which is a Mammoth Unit, Design #CBEFR-402-C, Serial # 21719-01-01, 460 Volts, 3-phase, minimum amps 104, maximum amps 125, or equivalent. Bidder are to submit cut sheets, data sheets, or other documentation demonstrating how the new unit is an equivalent. 4. The system will be set up to utilize the current control system (Johnson Controls) in the same capacity with the same points that allow for full control of the unit. To accomplish this with the Mammoth unit, it should be noted that Logic Control W7100 was removed. 5. Full control includes start/stop, discharge air set point, varicone actuator, static pressure control, economizer, and DX cooling stages. 6. The projected contract award date is expected to be April 25, 2016. Based on this date, provide expected start and finish dates. 7. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 8. Performance bond is required. PRICING: TOTAL $ START DATE FINISH DATE BID REQUEST#B1600072 Page 9 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1600072. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID# SIGNATURE E-MAIL **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -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 BID REQUEST#B1600072 Page 10 6Vki 6i� 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.#B1600072. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and 0 local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. • FIRM Reliant Heating &Air Conditioning Services, LLC BY Radoslaw Gebala and Marcin Gebala (Please print) BUSINESS ADDRESS 3481 E 106th PI DATE 03-17-16 CITY, STATE, ZIP CODE Northglenn, CO 80233 TELEPHONE NO 720-272-1009 FAX TAX ID # 46-1973873 SIGNATURE E-MAIL service@reliantchoice.com /eaceedkw-yez5ala. **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 BID REQUEST#61600072 Page 10 SPECIFICATIONS: This bid is for the replacement of the Roof Top Unit at Building 1551. Building 1551 is located at 1551 North 17th Avenue, Greeley, CO. This is a turn-key replacement project of the Roof Top Unit and will include the following: 1. Removal of the old Root Top Unit(RTU) and installation of new Roof Top Unit. 2. Replacement is to occur afterhours to avoid interruption to staff in building. Normal hours are 8 AM to 5 PM, Monday through Friday. 3. Replacement RTU must meet the minimum requirements of the existing unit which is a Mammoth Unit, Design #CBEFR-402-C, Serial#21719-01-01, 460 Volts, 3-phase, minimum amps 104, maximum amps 125, or equivalent. Bidder are to submit cut sheets, data sheets, or other documentation demonstrating how the new unit is an equivalent. 4. The system will be set up to utilize the current control system (Johnson Controls) in the same capacity with the same points that allow for full control of the unit. To accomplish this with the Mammoth unit, it should be noted that Logic Control W7100 was removed. 5. Full control includes start/stop, discharge air set point, varicone actuator, static pressure control, economizer, and DX cooling stages. 6. The projected contract award date is expected to be April 25, 2016. Based on this date, provide expected start and finish dates. 7. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 8. Performance bond is required. PRICING: TOTAL $ 54,800.00 START DATE Lead time on a unit is 6weeks. Work will start 6 weeks after winner announcement. FINISH DATE Work will take 2 days to complete BID REQUEST#B1600072 Page 9 1 MANE" Submittal Prepared For: Date:March 17, 2016 All Bidders Customer P.O.Number: Customer Project Number: Sold To: Job Number: Job Name: WELD COUNTY Trane U.S. Inc. dba Trane is pleased to provide the enclosed submittal for your review and approval. Product Summary Qty Product 1 Packaged Rooftop, Cooling/Heating Units The attached information describes the equipment we propose to furnish for this project,and is submitted for your approval. CHERYL L SYKES LCU GROUP Trane 445 Bryant St., Suite 5 Denver, CO 80204-4800 Phone: (303)228-2827 Cell: (303)358-1122 Fax: (303) 228-2828 J:IJOBS11111161015121WELD COUNTY sub.doc /14114V111,71# Buyer: REQUEST FOR BID #B 1600072 WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 Contractor Information: } Reliant Heating & Air Conditioning Services, LLC Marcin Gebala (President of Operations) Radoslaw Gebala (Project Manager) 3481 E 106th P1., Northglenn, CO 80233 service@reliantchoice.com Marcin Gebala Phone #720-402-1025 RFP: 16-035 Reliant Heating&Air Conditioning Service Business Profile At Reliant Heating & Air Conditioning Service in Denver, Colorado, we proudly serve the entire Colorado Front Range. With our experienced and well- trained technicians in heating, ventilation and air conditioning service and sales, you can count on us for high quality service, competitive rates. This company was established in the beginning of 2013. Our team has a combined 15 years of experience in HVAC industry. Marcin Gebala (President of Operations) has 12 years of experience in commercial HVAC/R services installation and pipefitting. As well as retrofit of commercial boilers, RTUs, chilled water plants. Some of the certificates include: - Master Mechanical H&V - Master Mechanical Hot Water & Steam - Master Mechanical Refrigeration - EPA Certified - Certificate of Refrigerant Management State of Colorado Air Pollution CFC Inspection - Trane College of Building Automation - Power Flame service and installation - International Code Council National Standard Master Mechanical Radoslaw Gebala (Project Manager) has 7 years of experience in commercial HVAC/R service and installation. Some of the certificates Include: - EPA Certified - NATE Certified - Mitsubishi Electric Service and Installation of Commercial VRF Systems tvt IPPIW Re/ian t Heating&Air Conditioning Service Commercial Solutions Our certified HVAC technicians stand behind their work. We are licensed, insured, and trained to work with various brands and projects—from a small split system to a 160+-ton rooftop unit. Reliant Heating & Air Conditioning Service provides our customers with world-class service. Among these services include: Commercial Air Conditioning and Heating Systems Include: • Service and Repairs • Replacement Systems • Filters and Filtration • Indoor Air Quality Controls • Building Maintenance Controls • Specialty Ventilation • Special Controlled Environment • Hot Water Heaters • Mini-Split Ductless Systems • Process Cooling • Retrofit , ar h t .—. •' • • Rooftop Units --• "` • VFDs (Variable Frequency Drives) = r 1.s. f �wt r Y � yy r I11c} • Computer Rooms p _ ' 7ftS ..„ • Clean Rooms .� x.. • Boilers • Pumps s, • Portable Air Conditioners • Maintenance Programs • ikikw • 24/7 Emergency Services it aisftw-Reliant Heating&Ar Conditioning Service Reference Page Reliant Heating & Air Conditioning Services has multiple projects under our belt. Here is a list of some of the customers we have done work and type of work we did: Jamba Juice—Preventive maintenance program store upgrades for HVAC/R systems for over 16 stores. Bar Louie—Preventive maintenance program and store upgrades for HVAC/R systems on 5 store locations. Brothers Bar-Preventive maintenance program and store upgrades for HVAC/R systems on 3 store locations. As well as tenant finish build out. Public Storage—maintenance and service on all HVAC equipment located at more than 50 locations. Vance Air Force Base—Retrofit 5 boiler plants with total of 18,000,000 BTU Wind Crest Retirement Community—Replace 4 old water heaters with a 2 new PVI boilers and install new mixing station. Bertha High School Mapleton School District—Replace hot water valves and valve bodies on Fan Coil Units Mike Riley—Direct Mechanical—224-600-1813 Matt Burden —BASCO Group, LLC— 949-310-3685 Dave Grey—LONG Building Technologies— 303-901-7860 Rick Hautekeete—PAE Civil Engineering Vance AFB — 580-213-7086 Table Of Contents Product Summary 1 Packaged Rooftop, Cooling/Heating Units(Item Al) 3 Tag Data 3 Product Data 3 Performance Data 4 Mechanical Specifications 5 Unit Dimensions 8 Fan Curve 10 Weight, Clearance&Rigging Diagram 11 Accessory 12 Field Wiring 14 Field Installed Options -Part/Order Number Summary 15 Packaged Rooftop, Cooling/Heating Units 15 145-5 WELD COUNTY / March 17,2016 Tag Data -Packaged Rooftop, Cooling /Heating Units(Qty: 1) Item Qty Description Model Number Al 1 27 1/2-50 Ton Packaged Commercial TCD480B40-6B3LC4A--D---HH-0-00--000- Roofto 0000X---* Product Data-Packaged Rooftop, Cooling/Heating Units Item: Al Qty: 1 Tag(s): VOYAGER3-1 Dx Cooling Only Downflow Supply and Upflow Return 40 ton 60 Hertz 460 Volt 60 Hertz 3 Phase Cooling Only Unit 100% Power Exhaust with Stratitrac 2" MERV 8 High Efficiency, Throwaway Filter 15 Hp Supply Motor __625/521 (60/50 hz) Supply Fan Drive 0-100% Economizer, Dry Bulb Control VAV-discharge temp control with VFD w/o bypass Service Valves Factory Powered Ground Fault Convenience Outlet with Disconnect Switch Hinged Service Access Tool-less condenser coil hail guards None Standard efficiency unit Programmable zone sensor (Fld) None None 2nd-5th Year Replacement Compressor Warranty 1st Year Refrigerant Warranty Adapter Curb FLD=Furnished by Trane U.S.Inc. dba Trane/ Equipment Submittal Page 3 of 15 Installed by Others WELD COUNTY March 17,2016 Performance Data - Packaged Rooftop, Cooling/Heating Units Tags VOYAGER3-1 Leaving coil DB (F) 52.76 Leaving coil WB (F) 51.03 Design airflow(cfm) 15000 Elevation (ft) 5300.00 Cooling EDB (F) 80.00 Cooling EWB(F) 62.00 Ambient temp(F) 95.00 Ent air relative humidity(`)/0) 38.90 Cooling LDB(F) 55.54 Cooling LWB (F) 52.09 Gross total capacity(MBh) 427.92 Gross sensible capacity(MBh) 364.36 Gross latent capacity(MBh) 63.56 Net total capacity(MBh) 401.78 Net sensible capacity(MBh) 338.21 Net sensible heat ratio(%) 84.18 ESP(in H2O) 1.000 Actual Supply Motor BHP (hp) 8.361 Supply Motor Power(kW) (rpm) 611 Indoor motor power(kW) 7.66 Outdoor motor power(kW) 3.86 Compressor power(kW) 33.65 System power(kW) 45.17 EER @ AHRI (EER) 10.3 IEER @ AHRI (EER) 11.8 IPLV @ AHRI (IPLV) 10.5 Minimum circuit ampacity(A) 102.60 Maximum overcurrent protection (A) 125.00 Minimum disconnect switch size (A) 108.00 Compressor 1 RLA (A) 23.00 Compressor 2 RLA (A) 34.00 Compressor 3 RLA(A) 0.00 Supply fan FLA(A) 17.70 Condenser fan FLA(A) 3.50 Condenser fan count(Each) 4.00 Exhaust fan FLA(A) 2.70 Exhaust fan count (Each) 2.00 Electric heater FLA(A) 0.00 Crankcase heater FLA(A) 0.00 Min. unit operating weight(Ib) 4495.0 Max. unit operating weight(Ib) 6520.0 Fan motor heat(MBh) 26.14 HFCF-410A refrigerant charge- circuit 1 (Ib) 19.4 HFCF-410A refrigerant charge-circuit 2 (Ib) 37.0 Total static pressure(in H2O) 1.880 Operating EER (EER) 8.9 Evaporator face area (sq ft) 36.70 Evaporator face velocity(ft/min) 409 Evaporator fin spacing (Each) 180.00 Evaporator rows (Each) 4.00 Tube outside diameter(in) 0.375 Condenser rows (Each) 2.00 IGV Static Pressure Drop (in H20) 0.000 FLD=Furnished by Trane U.S. Inc.dba Trane/ Equipment Submittal Page 4 of 15 Installed by Others WELD COUNTY March 17,2016 Mechanical Specifications- Packaged Rooftop, Cooling I Heating Units Item: Al Qty: 1 Tag(s):VOYAGER3-1 General R-410A The units shall be downflow, horizontal, or mixed airflow.The operating range shall be between 115°F and 0°F in cooling as standard from the factory for all units. Cooling performance shall be rated in accordance with ARI testing procedures. All units shall be factory assembled, internally wired, fully charged with R-410A refrigerant and 100% run tested to check cooling operation, fan and blower rotation and control sequence before leaving the factory.Wiring internal to the unit shall be numbered for simplified identification. Units shall be UL listed to U.S. and Canadian safety standards. Compressors R410A The Trane 3-DTM Scroll compressors have a simple mechanical design with only three major moving parts. Scroll type compression provides inherently low vibration. The 3-D Scroll provides a completely enclosed compressor chamber with optimized scroll profiles which leads to increased efficiency. The 3-D Scroll includes a direct-drive, 3600 rpm, suction gas cooled hermetic motor. Dependent on the compressor model, motor protection is provided by either a patented motor cap and integral line break motor protector or an external 24 VAC module which provides protection against incorrect phase sequence, excess motor temperatures, over current protection, and phase loss.Trane 3-D compressor includes centrifugal oil pump, scroll tips seals, internal heat shield that lowers the heat transfer from discharge and suction gas, oil level sight glass and oil charge valve. Some compressor models also provide a dip tube that allows for oil draining, in addition to a low leakage internal discharge check valve to help prevent refrigerant migration. Each compressor shall have a crankcase heater installed, properly sized to minimize the amount of liquid refrigerant present in the oil sump during off cycles. Evaporator and Condenser Coils -R410A Condenser coils shall have all Aluminum Microchannel coils. Evaporator coils shall be internally finned Copper tubes mechanically bonded to high performance Aluminum plate fins. All coils shall be leak tested at the factory to ensure pressure integrity.The evaporator coil is pressure tested to 450 psig and the condenser coil at 650 psig.All dual circuit evaporator coils shall be of intermingled configuration. Sloped condensate drain pans are standard. Refrigerant Circuits Each refrigerant circuit shall have independent thermostatic expansion devices, service pressure ports and refrigerant line filter driers factory-installed as standard.An area shall be provided for replacement suction line driers. 2" High Efficiency Filters -MERV 8 2" High Efficiency MERV 7 filters will be standard. Indoor Fan, 60 Hz Supply Motor Unit will have belt driven,forward curve,centrifugal fans with fixed motor sheaves. The supply fan motors will be circuit breaker protected. All 60 Hz supply fan motors meet the Energy Independence and Security Act of 2009 (EISA). Modulating 100 Percent Exhaust Fan with Statitrac Control Option A differential pressure control system, (Statitrac),shall use a differential pressure transducer to compare indoor building pressure to outdoor ambient atmospheric pressure and shall turn the exhaust fans on and off and modulate the barometric exhaust dampers to control the building pressure to within the adjustable, specified dead band that shall be adjustable at the RTVM board. Controls Unit shall be completely factory wired with necessary controls and terminal block for power wiring. Units shall provide an external location for mounting fused disconnect device. ReliaTel controls shall be provided for all 24 volt control functions.The resident control algorithms shall make all heating, cooling and/or ventilating decisions in response to electronic signals from sensors measuring indoor and outdoor temperatures.The control algorithm maintains accurate temperature control, minimizes drift from set point and provides better building comfort. ReliaTel controls shall provide anti-short cycle timing and time delay between compressors to provide a higher level of machine protection. Phase and Voltage Monitor Standard on all Voyager Commercial units. Protects 3-phase equipment from phase loss, phase reversal, and low voltage. Any fault condition will send the unit into an auto stop condition. cULus approved. FLD=Furnished by Trane U.S. Inc.dba Trane/ Equipment Submittal Page 5 of 15 Installed by Others WELD COUNTY March 17,2016 Outdoor Fans The outdoor fan will be direct-drive statically and dynamically balanced, draw through in the vertical discharge position. The fan motors will be permanently lubricated and have built-in thermal overload protection. Variable Frequency Drive General Description: The AC Drive and all associated optional equipment are UL listed according to Power Conversation Equipment cULus. The AC Drive is designed, constructed and tested in accordance with NEMA ICS, NFPA, and IEC standards.The Drive is housed in a metal NEMA 1 enclosure. All standard and optional features are included within the Drive enclosure, unless otherwise specified. The Drive converts incoming fixed frequency three-phase AC power into a variable frequency and voltage for controlling the speed of three-phase AC motors. DC link reactors are provided on both the positive and negative rails of the DC bus equal to 3% impedance to minimize power line harmonics. Full load amp ratings meet or exceed NEC Table 430-150.The Drive provides full rated output current continuously, 110%of rated current for 60 seconds and 160% of rated current for up to 0.5 second while starting. Isolation is provided between the Drive's power circuitry and control circuitry to ensure operator safety and to protect connected electronic control equipment from damage caused by voltage spikes, current surges, and ground loop currents.Audible motor noise is minimized through the use of an adjustable carrier frequency. Carrier frequency is automatically adjusted to optimize motor and AC Drive efficiencies while reducing motor noise. Operating range, ambient temperature, -10 to 50°C (14 to 104°F), 0 to 95% relative humidity, non-condensing,AC line voltage variation, -10 to+10%of nominal with full output. Protective Features Class 10 12t electronic motor overload protection for single motor applications is provided. Protection against input transients, loss of AC line phase, output short circuit, output ground fault, over-voltage, under voltage, AC Drive over-temperature and motor over-temperature. All faults are displayed in plain English. Protection from AC Drive sustained power or phase loss. Full rated output with an input voltage as low as 90%of nominal. Continuous operation with reduced output with an input voltage as low as 164 V AC for 208/230 volt units, 313 V AC for 460 volt units,and 394 volts for 600 volts units. Semi-conductor rated input fuses to protect power components.A"signal loss detection"circuit senses the loss of an analog input signal such as 4 to 20 mA or 0 to 10 V DC, and is programmable to react as desired in such an instance. Default:After 10-second time out the Drive will shut off.Will function normally when the keypad is removed while the AC Drive is running and continue to follow remote commands.AC Drive catches rotating motor operating forward or reverse up to full speed. The AC Drive is rated for 100,000 amperes interrupting capacity(AIC). Includes current sensors on three output phases to detect and report phase loss to the motor. Identifies which of the output phases is low or lost. Continues to operate without faulting until input voltage reaches 300 V AC on 208/230 volt units, 539 V AC on 460 volt units, and 690 volts on 600 volt units Interface Features Off/Stop and Auto/Start selector switches provided to start and stop the AC Drive and determine the speed reference. On units with bypass,an AC Drive/Off/Bypass Hand selector switch will be provided in the unit control box. In case of an external current overload, a normally closed dry contact will stop the motor whether in DRIVE or BYPASS mode. In DRIVE mode speed reference is provided by a 0 to 10 V DC analog input. The display is programmable to display in 9 languages including English,Spanish and French.The display has four lines,with 20 characters on three lines and eight large characters on one line.The following points are controlled and/or accessible:AC Drive Start/Stop. Speed reference, Fault diagnostics, Meter points to include-Motor power in HP, Motor power in kW, Motor kW-hr, Motor current, Motor voltage, Hours run, DC link voltage,Thermal load on motor, Thermal load on AC Drive and Heatsink temperature.The AC Drive stores in memory the last 10 faults and related operational data. Four simultaneous displays are available,frequency or speed, run time,output amps and output power. The following displays are accessible from the keypad. Reference Signal Value, Output Frequency in Hz or percent, Output Amps, Motor HP, Motor kW, kW hour, Output Voltage, DC Bus Voltage, AC Drive Temperature in degrees, and Motor Speed in RPM. Service Valves Service valves shall be provided factory installed and include suction, liquid, and discharge 3-way shutoff valves. Non-Fused Disconnect Switch A factory installed non-fused disconnect switch with external handle shall be provided and shall satisfy NEC requirements for a service disconnect. The non-fused disconnect shall be mounted inside the unit control box. GFI Convenience Outlet(Factory Powered) A 15A, 115V Ground Fault Interrupter convenience outlet shall be factory installed. It shall be wired and powered from a factory mounted transformer. Unit mounted non-fused disconnect with external handle shall be furnished with factory FLD=Furnished by Trane U.S.Inc.dba Trane/ Equipment Submittal Page 6 of 15 Installed by Others WELD COUNTY March 17,2016 powered outlet. Economizer with Dry Bulb Control An economizer will be factory installed. The assembly includes: 0-100 percent fully modulating dampers, minimum position setting, preset linkage, wiring harness, and fixed dry bulb control. Tool-less Hail Guards Tool-less, hail protection quality coil guards are available for condenser coil protection. Discharge Air Sensing Provides true discharge air sensing in heating and cooling models.This sensor is a status indicator readable through Tracer,Tracker or LCI-R. Discharge air sensing is standard with Variable Air Volume(VAV)units,optional with Constant Volume (CV) units. Hinged Service Access Filter access panel and supply fan access panel shall be hinged for ease of unit service. Programmable Zone Temperature Sensor Configured as a VAV Unit-BAYSENS119 The electronic programmable sensor is Auto or Manual changeover with seven day programming. Programmable sensor has System Off,Auto and Service LCD indicators as standard. Night setback sensor has up to four programs per day which can be individually configured to occupied or unoccupied. Zone Sensors Shall be provided to interface with the ReliaTel unit controls and shall be available in either manual, automatic programmable with night setback,with system malfunction lights or remote sensor options. Unit Interrupt Rating (Standard Short Circuit Current Rating-SCCR) A 5,000 Amp rating shall be applied to the unit enclosure using a non-fused circuit breaker for disconnect switch purposes. Fan motors, compressors, and electric heat circuits shall be provided with series rated circuit breakers that will provide the unit rated level of protection.The unit shall be marked with approved cULus markings and will adhere to cULus regulations. FLD=Furnished by Trane U S. Inc.dba Trane/ Equipment Submittal Page 7 of 15 Installed by Others WELD COUNTY March 17,2016 Unit Dimensions - Packaged Rooftop, Cooling /Heating Units Item: Al Qty: 1 Tag(s):VOYAGER3-1 �/tom„ NOTES: i.SEE ROOFCURB DRAWING FOR DETAILS /90 5/8" ON FIELD DUCT FITUP AND CONNECTIONS 2.SEE DETAIL HOOO DRAWING FOR HORIZONTAL/ DOWNFLOW UNITS FOR ADDITIONAL DIMENSION AND LOCATION. 3.THRU-THE-BASE ELECTRICAL IS NOT STANDARD 232 314" ON ALL UNITS. SEE NOTE 2—\ Ns o —.O��1 ,gin\l ,- \\�\� - -- j F,,,,,s." ...-----11-1" :,!__________„--<` , 3 1/4"TO TOP OF FAN GRILLE \49 9/16" 1 \ / ,,- as 55/16" , ,<;;;;-:.>1....."„,..,,,,...,,:# 93 3/8" 1 1/4"FEMALE - PVC PIPE \ / '"` "" a:/ 232 3/8" n ,t� .f , GAS INLET/ / tl�� I CUSTOMER 4615/16" s4 3/4" CONNECTION POINT Y 901/16" \ 71/16"- -=-311/16"--' 539/16" - 541/8" 7 1/8" s r 1 r = _ �i�� ,-0 � "�l(lrliG a111�1 1p(�`i�r, ;��t SEE NOTE 2 vim \\ \` III, " RETURN 7015116" SUPPLY 7513/16 vim" m" , L J L J PLAN VIEW DOWNFLOW SUPPLY AND UPFLOW RETURN CONFIGURATION DIMENSIONAL DRAWING FLD=Furnished by Trane U.S.Inc.dba Trane/ Equipment Submittal Page 8 of 15 Installed by Others WELD COUNTY March 17,2016 Unit Dimensions -Packaged Rooftop,Cooling/Heating Units Item:Al Qty: 1 Tag(s): VOYAGER3-1 ELECTRICAL/GENERAL DATA UNIT Model(Tonnage) TCD480(40.0) Operating voltage range: 414-506 Primary voltage: 460 Hertz: 60 Phase: 3 EER I IEER: 10.3 EER/11 8 EER HEATING-PERFORMANCE COMPRESSOR Heat: N/A Number 111 Heating Input(Btu/h). N/A Tons 13.0/20.0 First Stage(Btu/ft): N/A Compressor Rated Load Amps 23.0/34.0 Heating Output(Btu/f1): N/A Locked Rotor Amps 158.0/215.0 First Stage(Btu/h): N/A No Burners: N/A No Stages/Turn Down Rate: N/A ELECTRIC HEATER Gas Supply Pressure(in w.c.) Electric Heater kw N/A Natural or LP: N/A Electric Heater Full Load Amps N/A Gas Connection Pipe Size: N/A INDOOR MOTOR OUTDOOR MOTOR Horsepower 15.0 Number 4 Motor speed(rpm) -1,760 Horsepower 1 1 Indoor motor full load amps 18.9 Phase 1 Outdoor motor full load amps 3.5 EXHAUST MOTOR FILTERS (7) Number 2 Type Throwaway Horsepower 1.5 Furnished Yes Phase 3 Number 16 Exhaust motor full load amps 2.7 Recommended size 15 1/2"x19 1/2"x2'• REFRIGERANT TYPE (6) Type R-410A Factory Charge(Circuit#1) 19.4 lb Factory Charge(Circuit#2) 37.0 lb Cooling MCA=(1.25 x Load 1)+Load 2+Load 4 Cooling MOP=(2.25 x Load 1)+Load 2+Load 4 Notes. 1.LOAD 1=Current of the largest motor(Compressor or Fan Motor);LOAD 2=Sum of the currents of all remaining motors LOAD 3=FLA(Full Load Amps)of the electric heater;LOAD 4=Any other load rated at 1 amp or more. 2.For Electric Heat MCA.MOP.ROE values,calculate for both cooling and heating modes. 3.If selected Max Over Cur is less than the Min Cir Amp,then select the lowest maximum fuse size which is equal to or larger than the Min Or Amp,provided the selected fuse size does not exceed 800 amps. 4.The use of Liquid Propane(LP)requires unit modification.Contact a Trane salesman for information. 5.Compressor KW at AHRI rating conditions of 80/67-95 6.Refrigerant charge is an approx.value.For a more precise value,see unit nameplate and service instructions. 7 Filter dimension are actual.Norrninal filter size 16"x20" FLD=Furnished by Trane U.S. Inc.dba Trane/ Equipment Submittal Page 9 of 15 Installed by Others WELD COUNTY March 17,2016 Fan Curve-Packaged Rooftop, Cooling /Heating Units Item: Al Qty: 1 Tag(s): VOYAGER3-1 V48 - Unittibdei480A o 4.0 _ OperafngA 1500000cbi OperaingSacRessure:1.88rnH2O V N — BCORRN 4Do,,t0 Opening UM 611.00 S _ Operaingaake Horse F wer:8.36bhp Y'. 3.5 50 We Pgbde:5300.00ft Date 3117/16 C — Design Tenp:80.00F — 750RFM L a0 Ge::&A0 _- 7COR fiA cn — cn — 8 a) 25 — 65uRFM 70 WO LL — _ 600RRA rF - 20 — • _ • sg (3 — 550RFM r 80%AO 1.5 — —- 450 RFM o 1.0 — 400RM4 - 9055A0 `t% 0.5 t .. 0 5000 10000 15000 20000 25000 30000 35000 Airflav(cfm) FLD=Furnished by Trane U.S. Inc.dba Trane/ Equipment Submittal Page 10 of 15 Installed by Others WELD COUNTY March 17,2016 Weight, Clearance & Rigging Diagram -Packaged Rooftop, Cooling/Heating Units Item: Al Qty: 1 Tag(s): VOYAGER3-1 84" 1 48" 72' - ---- 96. CLEARANCE NOTES • r i.; 1.HORIZONTAL AND DOWNFLOW UNITS,ALL SIZES. 2.CONDENSER COIL IS LOCATED AT THE END AND SIDE OF THE UNIT. 3.CLEARANCES ON MULTIPLE UNIT INSTALLATIONS ARE DISTANCES BETWEEN X UNITS. 4.ECONO/EXHAUST END MULTIPLE UNITS144". I C y B I A 5.CONDENSER COIL END/SIDE 192" 1m1IlI I TO 48" _ 6.SERVICE CE SIDE ACCESS 96" Y - - - - - MAXIMUM OPERATION WEIGHT. 6520.0 lb MINIMUM OPERATION WEIGHT. 4495.0 lb CENTER OF GRAVITY OPTIONAL COMPONENTS X 147' Y 1111" POWER EXHAUST BARO.RELIEF SERVICE VALVES '18.0 lb CORNER LOADING PERCENTS ECONOMIZER 290.0 lb THRU-BASE ELECTRICAL HI-EFF SUP FAN A 8 C D E F MANUAL DAMPERS GFI WITH DISCON.SWITCH '85.0 lb DISC.SWITCH 17% 18% 19% 15% 16% 16% INLET GUIDE VANES HI-EFF COND COIL 'N/A VFD 115.0 lb COIL HAIL GUARD 130.0 lb MOD HOT GAS REHEAT WEIGHT NOTES: 1 BASIC UNIT WEIGHT INCLUDES MINIMUM HORSEPOWER SUPPLY FAN MOTOR AND STANDARD EFFICIENCY 2-ROW CONDENSER COIL. 2.OPTIONAL HIGH EFFICIENCY MOTOR WEIGHTS ARE IN ADDITION TO THE STANDARD MOTOR WEIGHTS INCLUDED IN THE ASIC UNIT WEIGHT 3.OPTIONAL HIGH EFFICIENCY 3-ROW CONDENSER COIL WEIGHTS ARE IN ADDITION TO THE STANDARD 4.2-ROW COIL WEIGHT INCLUDED IN THE BASIC UNIT WEIGHT 5 WHEN AN OPTIONAL HIGH EFFICIENCY SUPPLY FAN MOTOR IS SELECTED.THE WEIGHT SHOWN SHOULD BE ADDED TO THE BASIC UNIT WEIGHT. 6 WHEN AN OPTIONAL HIGH EFFICIENCY CONDENSER COIL IS SELECTED,THE WEIGHT SHOWN SHOULD BE ADDED TO THE BASIC UNIT WEIGHT 7.THE ACTUAL WEIGHT IS STAMPED ON THE UNIT NAMEPLATE. 8.THE WEIGHT SHOWN REPRESENT THE TYPICAL UNIT OPERATING WEIGHT FOR THE UNIT SELECTED 9.DESIGN SPECIAL WEIGHT ARE NOT INCLUDED IN THE SUBMITTAL. 10.THE WEIGHT SHOWN REPRESENTS THE TYPICAL UNIT OPERATING WEIGHT FOR THE CONFIGURATION SELECTED ESTIMATED AT+/-10 % THE NAMEPLATE WEIGHT. FLD=Furnished by Trane U.S.Inc.dba Trane/ Equipment Submittal Page 11 of 15 Installed by Others r - WELD COUNTY March 17,2016 Accessory -Packaged Rooftop,Cooling/Heating Units Item: Al Qty: 1 Tag(s): VOYAGER3-1 NOTE: 1 THE TWO HORIZONTAL POWER EXHAUST HOODS AND THE THREE HORIZONTALFRESH AIR HOODS ARE LOCATED SIDE BY SIDE.THE FRESH AIR HOODS(NOT SHOWN)EXTEND ONLY 23 15/16"FROM THE END OF THE UNIT. END OF UNIT FRESH AIR HOOD ROVVER I a 0 EXHAUST HOOD I IL D r : o0 , 2 13116"1 32 1/8"- 37 3/4" FRESH AIR POWER EXHAUST DOWNFLOW UNITS / END OF UNIT I I POWER I EXHAUST HOOD I 01 O O 2 5/16"i 1 32 1/8" POWER EXHAUST HOODS HORIZONTAL UNITS HOOD DRAWING FOR HORIZONTAL/DOWNFLOW UNITS UNIT DETAIL FLD=Furnished by Trane U.S.Inc.dba Trane/ Equipment Submittal Page 12 of 15 Installed by Others WELD COUNTY March 17,2016 Accessory - Packaged Rooftop, Cooling /Heating Units Item: Al Qty: 1 Tag(s):VOYAGER3-1 5/16" IN:NH.1MM 2 7/8" -'-1 1/16" 1/8" �- ` U . i I r 4 3/4" 3 3/8"0O0 i 1/4" 9/16" 9 -1 I -1 3/8" zzz-S1 TEST 2 5/8" BAYSENS119 PROGRAMMABLE ZONE SENSOR FLD=Furnished by Trane U.S.Inc.dba Trane/ Equipment Submittal Page 13 of 15 Installed by Others WELD COUNTY March 17,2016 Field Wiring -Packaged Rooftop, Cooling/Heating Units Item: Al Qty: 1 Tag(s):VOYAGER3-1 L2 L1 1 L3 III I I I HTBI L; Jg II I I '�j O O 0� ZONE SENSOR WIRE TABLE WIRE SIZE MAXIMUM WIRE LENGTH in 22 GAUGE 1800" 20 GAUGE 3000" 18 GAUGE 4500" 16 GAUGE 7200" 14 GAUGE 11700" NOTE: 1.All wiring and devices shown dashed to be supplied and installed by the customer in accordance with national and local electrical codes. 2.Low voltage control wiring must not be run in conduit with power wiring. 3.Cut wire jumper adjacent to the terminal 1 on zone sensor FLD=Furnished by Trane U.S.Inc.dba Trane/ Equipment Submittal Page 14 of 15 Installed by Others WELD COUNTY March 17,2016 Field Installed Options -Part/Order Number Summary This is a report to help you locate field installed options that arrive at the jobsite. This report provides part or order numbers for each field installed option, and references it to a specific product tag. It is NOT intended as a bill of material for the job. Product Family-Packaged Rooftop, Cooling/Heating Units Item Tag(s) Qty Description Model Number Al VOYAGER3-1 1 27 1/2-50 Ton Packaged Commercial TCD480B40-6B3L Roofto C4A--D---HH-0-00- -000-0000X---* Field Installed Option Description Part/Ordering Number Programmable zone sensor BAYSENS119A FLD=Furnished by Trane U.S. Inc.dba Trane/ Equipment Submittal Page 15 of 15 Installed by Others REQUEST FOR BID r WELD COUNTY, COLORADO ?� 86� 1150 O STREET GREELEY, CO 80631 • u Ir DATE: FEBRUARY 25, 2016 BID NUMBER: #B1600072 DESCRIPTION: ROOF TOP UNIT- 1551 N 17TH AVE BLDG DEPARTMENT: BUILDINGS & GROUNDS DEPT MANDATORY PRE-BID CONFERENCE DATE: 3/15/16 @ 1:30 PM BID OPENING DATE: 3/29/16 @ 10:30 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 TOP UNIT— 1551 N 17TH AVE BLDG. A mandatory pre-bid conference will be held at 1:30 p.m., on March 15, 2016, at the Weld County Building located at 1551 N 17th Ave, 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: March 29, 2016 A 10:30 am (Weld County Purchasing Time 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 httpj/'www.co.weld.co.us/Departments/Purchasinq/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E-Purchasing System. The Rocky Mountain E-Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. $id Delivery to Weld County— 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bid s @ w e I d g o v . c o m . 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. 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. BID REQUEST#B1600072 Page 2 minish • 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. BID REQUEST#61600072 Page 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. BID REQUEST#61600072 Page 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 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. BID REQUEST#B1600072 Page 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. BID REQUEST#B1600072 Page 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. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain,and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: BID REQUEST#61600072 Page 7 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. BID REQUEST#B1600072 Page 8 Marcia Walters From: Reliant Heating &Air Conditioning Services, LLC <service@reliantchoice.com> Sent: Friday, March 18, 2016 12:18 PM To: bids Subject: BID NUMBER: #B1600072 Attachments: Company Info.pdf; ATT00001.htm;WELD COUNTY sub.pdf; ATT00002.htm; ROOF TOP UNIT - 1551 N 17TH AVE BLDG.pdf;ATT00003.htm Hello Here is our bid for the above bid number. I hereby waive my right to a sealed bid. 1 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDVYYYY) 04/19/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME:CONTACT Anji Rizzo Bonnie Brae Insurance PHONE FAX 4AJC.No.Ext): (303)321-9300 ,Not(303)3744677 179 S Colorado Blvd E-MAIL ADDRESS: arizzo@krieginsurance.net Denver,CO 80246 License#: 142300 INSURER(S)AFFORDING COVERAGE NAICS INSURERA: Security National Ins Co INSURED INSURERB: Auto Owners Insurance Company 32700 Reliant Heating &Air Conditioning INSURERC: AIG 3481 W 106th PI INSURER D: Pinnacol Assurance • Northglenn,CO 80233 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-0 REVISION NUMBER: 1 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 ADM OF INSURANCE AD SUBR' POLICY EFF -POLICY EXP UNITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) A X COMMERCIAL GENERALUABIUTY NA106324502 07/27/2015 07/27/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE CLAIMS-MADE OCCUR PREMISES SES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 'GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY 28, LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILEUABILITY 5060484200 01/22/2016 01/22/2017 EaacadeoslNGLELIMIT $ 1,000,000 _ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ _AUTOS X AUTOS NON-OWNED PROPERTY n DAMAGE $ _ HIRED AUTOS AUTOS (Per ) _ $ C X UMBRELLA LIAB OCCUR EBU57721831 07/27/2015 07/27/2016 EACH OCCURRENCE $ 2,000,000 EXCESS UAB X CLAIMS-MADE AGGREGATE $ 2,000,000 DED I I RETENTION$ $ D WORKERS COMPENSATION 4177409 10/01/2015 10/01/2016 X STATUTE I ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? n N IA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE Si 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 • DESCRIPTION OF OPERATIONS I 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 THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Weld County Colorado ACCORDANCE WITH THE POLICY PROVISIONS. 1150 O Street Greeley, CO 80631 AUTHORIZED REPRESENTATIVE i(' (AMR) ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Printed by AMR on April 19,2016 at 09:04AM DEPARTMENT OF BUILDINGS AND GROUNDS I / . PHONE: (970) 304-6531 1 FAX: (970) 304-6532 U U..N T Y—t` WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 April 14, 2016 To: Board of County Commissioners From: Toby Taylor Subject: Roof Top Unit—1551 North 17th Avenue; Bid #61600072 As advertised, this bid is to replace the roof top unit at 1551 North 17th Avenue, Greeley. The low bid received was from Reliant Heating & Air Conditioning and meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to Reliant Heating &Air Conditioning for$54,800.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director /� 001 O IC s7) CO Co a V r p r O . (6co 0 � � o %.0-6 D , M cp zc > co ... „.. 06N W N- Q O Z a o CO Vp 2J, ONC0 LLO N M O U cerdN N 0 >N �.. OO O M O ›.. 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