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Home My WebLink About20142721Coi4rovi (1) -44 - RE: Bid #B1400157 Doc #2014-2721 MEMORANDUM TO: Clerk to the Board DATE: September 28,2016 FROM: Duane Naibauer, Public Works Department SUBJECT: Consent Agenda Item Contract Agreement Extension/Renewal with Oxford Recycling, Inc., for the 2016 Tree Disposal Services/East Davis Location. This Agreement includes two possible one year renewals. This is the third and final year of the contract. One original agreement is attached. Alldba/ "1"--A°tj o20/4- a7at (I) Db7o BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Tree Disposal Services DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 9.16.2016 PERSON REQUESTING: Duane Naibauer, Weld County Public Works Brief description of the problem/issue: The original agreement for the Tree Disposal Service at East Davis and Hokestra Gravel Pit can be extended from Septcmbcr 29, 2016, to September 28, 2017, as permitted by the contract. These extensions would be in the third year of a possible three year term limit. The contract also allows for yearly rate adjustments based upon the current Denver/Boulder/Greeley CPI index. Oxford Recycling, Inc. (East Davis), and Aesthetic Alternative Recycling (Hokestra Gravel Pit), did not request a lump sum price increase for 2016. Aesthetic did increase the after-hours and additional tree price per cubic yard beyond C.P.I. index. We would not award any extra services to Aesthetic. Oxford Recycling did not increase additional tree price per cubic yard. They will be awarded additional services on an as needed basis. Attached to this pass around is a copy of the contract extensions/renewals and the 2016 Fee Schedules for both companies. The budget amount in 2016 for this contract is $30,000, the total contract price for both companies would be $17,431.00. Oxford Recycling and Aesthetic Alternative Recycling were awarded this contract in 2014 as the low bid contractors and the Public Works Department has been satisfied with their work. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: We recommend approval for Oxford Recycling Inc, and Aesthetic Alternative recycling LLC, under the Tree Disposal Services contract. Approve Schedule Recommendation Work Session Mike Freeman, Chair Sean P. Conway, Pro -Tern Julie Cozard Barbara Kirkmeyer Steve Moreno Attachments: Contract Extension/Renewal 2016 Fee Schedule PC: Jay McDonald, Director of Public Works Curtis I-lall, Operation Manager Comments CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND OXFORD RECYCLING, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into day ° c20/4 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of public Works ,ereinafter referred to as the "Department", and Oxford Recycling. Inc, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") Identified by the Weld County Clerk to the Board of County Commissioners as document BIf1400157/2014-2721 approved on September 29.2014. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on September 28. 2016. • The parties agree to extend the Original Agreement for an additional One veer period, which will begin September 29. 2016, and will end on September 28. 2017. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the third year of a possible three year contract. 2. The 2015 Bid Schedule will be replaced by the attached 2016 Bid Schedule. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Printed Name Signature ATTEST: Weld BY: daz44,4) Deputy Cier ,j7 ' the Board R BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO t► 1 ""9'- 'Mike Freeman, Chair SEP 2 8 2016 2016 BID SCHEDULg FOR OXFORD RECYCLING INC. 1) $ I`I`I3 Lump Sure! Removal and disposal off all tree debris/material from the East Davis site that exist on the site as of August 31, 2016. Processing method and end -disposal of tree material to be approved by Weld County. 2) $4° S+o Lump Sum Removal and disposal off all tree debris/material from the Hokestra Gravel Pit Site that exist on the site as of August 31, 2018. Processing method and end -disposal of tree material to be approved by Weld County. 3) $ 8 per cu. ytj Rate that tree limbs to be disposed of and hauled off site . (All costs shall be included In cu. yd rate). THIS RATE WILL BE USED IF ANY TREE DEBRIS/MATERIAL IS ADDED EAST DAVIS OR HOKESTRA PILES AFTER AUGUST 31, 2016, TO THE TREE DEBRIS PILES AT THE EAST DAVIS OR HOKESTRA SITES AND FOR 2016 IF THE CONTRACT IS EXTENDED. 4) $ U per cu. yd Contractor to be available when needed for after hours due to storms or anything classified as urgent or emergency by county personnel. (Cost of disposal to be included in cu. yd rate) Bidder agrees to perform all work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on quote for actual labor and equipment hourly rate for services. SIGNATURES: Dated this 2 day of syrewrom. 2016 FIRM NAME: woo fectial#6) SNc , BY: F, 16 -Air BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: Cocoa TITLE: I AOS/07 ADDRESS: it VU0 vow 4/E, I Jo' IL2 cfD//O TELEPHONE NO. 303464416o "Th4 -41 o FAX Na 365-26z-174 NAW 044 g3D RE: Bid #B1400157 Doc #2014-2721 MEMORANDUM TO: Clerk to the Board DATE: September 28,2016 FROM: Duane Naibauer, Public Works Department SUBJECT: Consent Agenda Item Contract Agreement Extension/Renewal with Aesthetic Alternative Recycling Inc., for the 2016 Tree Disposal Services/Hokestra Gravel Pit. This Agreement includes two possible one year renewals. This is the third and final year of the contract. One original agreement is attached. 4042-4 d-0 40 ri_,,14,462) “-007O BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Tree Disposal Services DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 9.16.2016 PERSON REQUESTING: Duane Naibauer, Weld County Public Works Brief description of the problem/issue: The original agreement for the Tree Disposal Service at East Davis and Hokestra Gravel Pit can be extended from September 29, 2016, to September 28, 2017, as permitted by the contract. These extensions would be in the third year of a possible three year term limit. The contract also allows for yearly rate adjustments based upon the current Denver/Boulder/Greeley CPI index. Oxford Recycling, Inc. (East Davis), and Aesthetic Alternative Recycling (Hokestra Gravel Pit), did not request a lump sum price increase for 2016. Aesthetic did increase the after-hours and additional tree price per cubic yard beyond C.P.I. index. We would not award any extra services to Aesthetic. Oxford Recycling did not increase additional tree price per cubic yard. They will be awarded additional services on an as needed basis. Attached to this pass around is a copy of the contract extensions/renewals and the 2016 Fee Schedules for both companies. The budget amount in 2016 for this contract is $30,000, the total contract price for both companies would be $17,431.00. Oxford Recycling and Aesthetic Alternative Recycling were awarded this contract in 2014 as the low bid contractors and the Public Works Department has been satisfied with their work. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: We recommend approval for Oxford Recycling Inc, and Aesthetic Alternative recycling LLC, under the free Disposal Services contract. Mike Freeman, Chair Sean P. Conway, Pro -Tern Julie Cozard Barbara Kirkmeyer Steve Moreno Attachments: Contract Extension/Renewal 2t)Ill Fee Schedule PC Jay Mc[)onald, Director of Public Works Curtis Flail, Operation Manager Approve Schedule Recommendation Work Session Comments CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND AESTHETIC ALTERNATIVE RECYCLING o orks, This Agreement Extension/Renewal ("Renewal"), made and entered into�� day O��f�by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Publichereinafter referred to as the "Department", and Aesthetic Alternative RecyclinR hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document B#1400157/2014-2721 approved on September 29.2014. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on September 28, 2016. The parties agree to extend the Original Agreement for an additional one year period, which will begin September 29 2016, and will end on September 28, 2017. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. the following change is hereby made to the Contract Documents: 1. This extension will be the third year of a possible three year contract. 2. The 2015 Bid Schedule will be replaced by the attached 2016 Bid Schedule. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: ATTEST: Weld BY: didteo Jeito;e1 rk to the Boa d Deputy Clerk t the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair SEP 2 8 2016 c2O/_ o27d/() 2016 BID SCHEDULE FOR Aesthetic Alt. Inc. �V 1) $ I 1 q s ump Sum Removal and disposal off all tree debris/material from the East Davis site that exist on the site as of August 31, 2016. Processing method and end -disposal of tree material to be approved by Weld County. 2) $ 31 OQump Sum Removal and disposal off afl tree debris/material from the Hokestra Gravel Pit Site that exist on the site as of August 31, 2016. Processing method and end -disposal of tree material to be approved by Weld County. 3) $ V' 00 per cu. yd ,ny Rate that tree limbs to be disposed of and hauled off site . (All costs shall tN be included in cu. yd rate). THIS RATE WILL BE USED IF ANY TREE DEBRIS/MATERIAL IS ADDED EAST DAVIS OR HOKESTRA PILES AFTER AUGUST 31,2016, TO THE TREE DEBRIS PILES AT THE EAST DAVIS OR HOKESTRA SITES AND FOR 2016 IF THE CONTRACT IS EXTENDED. 4) $ 0' 0O per cu. yd Contractor to be available when needed for after hours due to storms or anything classified as urgent or emergency by county personnel. (Cost of disposal to be included in cu. yd rate) Bidder agrees to perform all work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on quote for actual labor and equipment hourly rate for services. SIGNATURES: Dated this day of ��'.v 016 FIRM NAME: BY BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION. CC::) C0t ADDRESS: a 1 a '3 . TELEPHONE 0,� ��'« \ocur DoctinqCso 305 -G90.--7tMlf MEMORANDUM TO: Clerk to the Board DATE: October 5, 2015 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: Agenda RE: Bid #B1400157 Doc #2014-2721 Contract Agreement Extension/Renewal with Aesthetic Alternative Recycling. Inc., for the 2015 Tree Disposal Services/Hokestra Gravel Pit. This Agreement includes possible two, one-year renewals. This is the second renewal. One original agreement is attached. M:\Francie\AGENDA memos \AgendaJosh-1 . docx RECEIVED OCT 082015 WELD COUNTY COMMISSIONERS 4)(f/4ire) 10-19'i� E6 0070 BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Tree Disposal Services DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 9.15.2015 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The original agreement for the Tree Disposal Service at East Davis and Hokestra Gravel pit can be extended from September 29, 2015, to September 28, 2016, as permitted by the contract. These extensions would be in the second year of a possible three year term limit. The contract also allows for yearly rate adjustments based upon the current Denver/Boulder/Greeley CPI index. Oxford Recycling Inc (East Davis), and Aesthetic Alternative Recycling (Hokestra gravel pit), did not request a increase for 2015. Attached to this pass around is a copy of the contract extensions/renewals, the 2015 Fee Schedules for both companies. The budget amount in 2015 for this contract is $30,000, the total contract price for both companies would be $27,788.00. Oxford Recycling and Aesthetic Alternative Recycling were awarded this contract in 2014 as the low bid contractors and the department has been satisfied with their work. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: We recommend approval for Oxford Recycling Inc, and Aesthetic Alternative recycling LLC, under the Tree Disposal Services contract. Barbara Kirkmeyer, Chair Mike Freeman, Pro -Tern Sean P. Conway Julie Cozad Steve Moreno Attachments: Contract Extension/Renewal 2015 Fee Schedule Approve Schedule Recommendation Work Session YYN 56"---5/ PC: Jay McDonald, Director of Public Works Curtis Hall, Operation Manager Duane Naibauer, Road and Bridge Supervisor Janet Lundquist, Support Services Manager Comments Atibt •1_o A y (47A-edC�o cc w CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND Aesthetic Alternative Recycling, Inc. This Agreement Extension/Renewal ("Renewal"), made and entered into 29 day of September, 2015, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Aesthetic Alternative Recycling, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on September 29, 2014 (the "Original Agreement"), identified as document B#1400157/ 2014-2721. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Agreement will end on September 28, 2015. • The parties agree to extend the Agreement for an additional one year period, which will begin September 29, 2015, and will end on September 28, 2016. • The Renewal, together with the Agreement, constitutes the entire understanding 6etween the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three year contract 2. The 2014 Bid Schedule of the contact shall be replaced by the attached 2015 Bid Schedule. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: AP,PRIJ / D AS F Controller APPRO - % AS TO FO C ou Attorkey It-)) Dire or of 6enlral Services WELD COUNTY, COLORARO APPROVED AS TO S, ial or Department Head darlet) erk to the Board RD OF COUNTY COMMISSIONERS Barbara Kirkmeyer, C air Oc 1 9 2015 aZo/S- O2,7,724 2015 BID SCHEDULE FOR AESTHETIC ALTERNATIVE RECYCLING INC. 1) $ Lump Sum Removal and disposal off all tree debris/material from the East Davis site that exist on the site as of August 20, 2015. Processing method and end -disposal of tree material to be approved by Weld County. 2) $(..)!51-CFimp Sum Removal and disposal off all tree debris/material from the Hokestra Gravel Pit Site that exist on the site as of August 20,2015. Processing method and end -disposal of tree material to be approved by Weld County. 3) $1-1. Of)per cu. yd 4) $ t •er cu. yd Rate that tree limbs to be disposed of and hauled off site . (All costs shall be included in cu. yd rate). THIS RATE WILL BE USED IF ANY TREE DEBRIS/MATERIAL IS ADDED EAST DAVIS OR HOKESTRA PILES AFTER AUGUST 10,2015. TO THE TREE DEBRIS PILES AT THE EAST DAVIS OR HOKESTRA SITES AND FOR 2015 AND 2016 IF THE CONTRACT IS EXTENDED. Contractor to be available when needed for after hours due to storms or anything classified as urgent or emergency by county personnel. (Cost of disposal to be included in cu. yd rate) Bidder agrees to perform all work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be bad on quote for actual labor and equipment hourly rate for services. SIGNATURES: Dated this day of b1� 1'� •�,� 2015 FIRM NAME: BY: BIDDER'S LEGAL SIGNATURE:, ,i TITLE: 1N STATE OF INCORPORATION: CO bOCINC) a.ADDRESS: az-ia vt.-�tc.�/. X .,. u14,-� t`✓ i TELEPHONE NO`r«' Ill......----.ACCDRI, ® CERTIFICATE OF LIABILITY INSURANCE g/g/2O15/DDrrvvY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Olson & Olson Ltd (a/cC. No. Extr303-867-2055 (AA/C, No):303-867-2074 Greenwoode S. Yosemite St.C #101 GrVillage CO 80111 ADDREss:rhonda.petsche@olsonandolson.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Westfield Insurance Company 24112 INSURED AESTH-1 INSURER B :Pinnacol Assurance Aesthetic Tree Service, Inc. and INSURER C : Aesthetic Alternative Recycling, LLC INSURER D : 2450 S Syracuse Way Denver CO 80231 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1519677695 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF IMM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LIABILITY CWP5275451 5/20/2015 5/20/2016 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES MISES (Ea occurrence) $500,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 I POLICY X . 7 II LOC $ A AUTOMOBILE LIABILITY CWP5275451 5/20/2015 5/20/2016 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB X OCCUR CWP5275451 5/20/2015 5/20/2016 EACH OCCURRENCE $4,000,000 EXCESS�LIAB CLAIMS -MADE AGGREGATE $ DED 177 I RETENTION $0 $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 3228986 6/1/2015 6/1/2016 X WC STATU- TORY LIMITS OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N N N /A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A AEquip Auto Phys Damage Fltr/Spec/ACV Leased/Borrowed Eq CWP5275451 CWP5275451 CWP5275451 5/20/2015 5/20/2015 5/20/2015 5/20/2016 5/20/2016 5/20/2016 Ded C/C $1,000 Limit/Deduct $403,683/$1,000 Limit/Deduct $ 25,000/$1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate Holder and those listed below(if any) are Additional Insureds as respects General Liability and Umbrella Liability on a Primary and Non -Contributory basis, and Auto Liability only if required by written contract or agreement and coverage applies only as respects work performed by the Insured for the Additional Insureds. All coverage terms, conditions, and exclusions of the policy apply. The Worker's Compensation, General Liability, Auto Liability, and Umbrella Liability policies include a Waiver of Subrogation in favor of the Additional Insureds only if required by written contract or agreement. All Projects. See Attached... CERTIFICATE HOLDER CANCELLATION Weld County 1111 H Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Greeley CO 80632 AUTHORIZED REPRESENTATIVE 4424f I "SE1 & I,g © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD MEMORANDUM TO: Clerk to the Board DATE: October 5, 2015 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: Agenda RE: Bid #B1400157 Doc #2014-2721 Contract Agreement Extension/Renewal with Oxford Recycling, Inc. for the 2015 Tree Disposal Services/East Davis location. This Agreement includes possible two, one-year renewals. This is the second renewal. One original agreement is attached. M:\Francie\AGENDA memos\AgendaJosh. docx RECEIVED OCT 082015 WELD COUNTY COMMISSIONERS 4d(f1-1-/6) 10 60070 BOARD OF COUNTY COMMISSIONERS REVIEW/ WORK SESSION REQUEST RE: Tree Disposal Services DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: 9.15.2015 PERSON REQUESTING: Joshua Holbrook, Weld County Public Works Brief description of the problem/issue: The original agreement for the Tree Disposal Service at East Davis and Hokestra Gravel pit can be extended from September 29, 2015, to September 28, 2016, as permitted by the contract. These extensions would be in the second year of a possible three year term limit. The contract also allows for yearly rate adjustments based upon the current Denver/Boulder/Greeley CPI index. Oxford Recycling Inc (East Davis), and Aesthetic Alternative Recycling (Hokestra gravel pit), did not request a increase for 2015. Attached to this pass around is a copy of the contract extensions/renewals, the 2015 Fee Schedules for both companies. The budget amount in 2015 for this contract is $30,000, the total contract price for both companies would be $27,788.00. Oxford Recycling and Aesthetic Alternative Recycling were awarded this contract in 2014 as the low bid contractors and the department has been satisfied with their work. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) The Board may either approve or deny the contract renewal/extension. Recommendation to the Board: We recommend approval for Oxford Recycling Inc, and Aesthetic Alternative recycling LLC, under the Tree Disposal Services contract. Barbara Kirkmeyer, Chair Mike Freeman, Pro -Tern Sean P. Conway Julie Cozad Steve Moreno Attachments: Contract Extension/Renewal 2015 Fee Schedule Approve Recommendation PC: Jay McDonald, Director of Public Works Curtis Hall, Operation Manager Duane Naibauer, Road and Bridge Supervisor Janet Lundquist, Support Services Manager Schedule Work Session Comments -k r 14, g I.DJS C -Qp cdJ CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND Oxford Recycling, Inc. This Agreement Extension/Renewal ("Renewal"), made and entered into 29 day of September, 2015, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Oxford Recycling, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement on September 29, 2014 (the "Original Agreement"), identified as document 881400157/ 2014-2721. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Agreement will end on September 28, 2015. • The parties agree to extend the Agreement for an additional one year period, which will begin September 29, 2015, and will end on September 28, 2016. • The Renewal, together with the Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. This extension will be the second year of a possible three year contract 2. The 2014 Bld Schedule of the contact shall be replaced by the attached 2015 Bid Schedule. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: o1K9a.0 REc yar v., Printed Name Signature AP Controller APPROV TO FOR S.etinty Atto n nJ riles► 1 Director of Gen al Services APPROVED AS TO ATTEST: eldC Ele ° e• al or Department Head darA,A) addo;„k. Clerk to the Board OARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORAD Barbara Kirkmeyer, Cheir OCT 1 9.2015 /171-cz7'/ BY: 2016 BID SCHEDULE FOR OXFORD RECYCLING INC. 1) $ f"f`f10 Lump Sum 2) $ Removal and disposal off all tree debris/material from the East Davis site that exist on the site as of August 20, 2015. Processing method and end -disposal of tree material to be approved by Weld County. Lump Sum Removal and disposal off all tree debris/material from the Hokestra Gravel Pit Site that exist on the site as of August 20,2015. Processing method and end -disposal of tree material to be approved by Weld County. 3) $ per cu, yd Rate that tree limbs to be disposed of and hauled off site . (All costs shall be included in cu. yd rate). THIS RATE WILL BE USED IF ANY TREE DEBRIS/MATERIAL IS ADDED EAST DAVIS OR HOKESTRA PILES AFTER AUGUST 10,2015. TO THE TREE DEBRIS PILES AT THE EAST DAVIS OR HOKESTRA SITES AND FOR 2015 AND 2016 IF THE CONTRACT IS EXTENDED. 4) $ 2 per cu. yc( Contractor to be available when needed for after hours due to storms or anything classified as urgent or emergency by county personnel, (Cost of disposal to be included in cu. yd rate) Bidder agrees to perform all work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on quote for actual labor and equipment hourly rate for services. SIGNATURES: Dated this 2 day of S4re,nf £f- 2015 FIRM NAME: 0)(Ono i ay ete NGi rA/C, bii £ 11161117. TITLE: BIDDER'S LEGAL SIGNATURE: STATE OF INCORPORATION: 106Pg/W)e) ADDRESS; ege1/ovr 200 a4 owed 4 66e inpa eaiio TELEPHONE NO, 30;40i -11W FAX NO. Sur - 7bz-17 (� '- -I ® ‘..../.--- AD® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 09/03/2015 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 Willis of Colorado, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA CONTACT NAME: FAX PHONE(A/C.No. Extl:l-877-945-7378 (A/C, No):1-888-467-2378 E-MAIL ADDRESS: certificates@willis.com INSURER(S) AFFORDING COVERAGE NAIC 9 INSURERA:Cincinnati Insurance Company 10677 INSURED Oxford Recycling, Inc. Attn: John Kent 2400 W Oxford Ave Englewood, CO 80110 INSURER B:Pinnacol Assurance Company 41190 INSURER C : INSURER D : INSURER E : INSURER F : :W1083672 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP IMM/DDIYYYYI LIMITS A X COMMERCIAL GENERAL ICLAIMS-MADE X LIABILITY OCCUR EPP 029 96 11 01/01/2015 01/01/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE PREM SESO(EaEoccu NTEence) $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PRO- JECT X PER: LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS NON -OWNED AUTOS EPP 029 96 11 01/01/2015 01/01/2016 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESSLIAB X O OCCUR CLAIMS -MADE EPP 029 96 11 01/01/2015 01/01/2016 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ DED I RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N/A 4007491 04/01/2015 04/01/2016 X I STATUTE I I OTH- ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 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) Re: Wood Grinding Project CERTIFICATE HOLDER CANCELLATION Board of Weld County Commissioners On behalf of the Weld County Department of Public Works 1111 H Street ?reeley, CO 80632-0758 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE LeZ ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID:10112469 BATCH:Batch (1: 168041 MEMORANDUM TO: Clerk to the Board DATE: October 8, 2014 FROM: Josh Holbrook, Inspection Supervisor SUBJECT: BOCC Consent Agenda Bid #B1400157 Doc #2014-2721 Agreement for Construction Services with Oxford Recycling, Inc. for the 2014 Tree Disposal Services/ East Davis Location. This Agreement includes possible two, one-year renewals. One original agreement is attached. M'.\Francie\AGENDA memos \AgendaJosh-1. docx dam., asidik - /o-i3-ativ CC:IU! ''`t) 020/ V- 02702/ EGoo7O WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & OXFORD RECYCLING INC 2014 TREE DISPOSAL SERVICES / EAST DAVIS LOCATION THIS AGREEMENT is made and entered into this 29 day of September, 2014, by and between the County of Weld, a body corporate and politic of the State of Colorado, try and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as 'County," and Oxford Recycling, Inc, a corporation who whose address is 2400 W OXFORD AVE, ENGLEWOOD, CO 80110, hereinafter referred to as 'Contractor". WHEREAS, East Davis needs tree debris removed from location, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the debris removal, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A andB, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1400157". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided BID NO #B1400157 Page 1 by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor 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 materials which Contractor 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 Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 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, Contractor'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. BID NO #B1400157 Page 2 6. Compensation/Contract Amount Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $27,400.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by 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. My other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor'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 Contractor 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, Contractor shall forthwith return such payments) 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 Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29- 1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor 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 as set forth in Exhibit B provide proof thereof when requested to do so by County. BID NO #B1400157 Page 3 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 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. Contractor 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 Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, 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 Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor 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. Contractor 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 Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, `CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction 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 Contractor, 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 breath 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 construction 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. BID NO #B1400157 Page 4 12. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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 Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/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 Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor 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 Contractor/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 My modification to these requirements must be made in writing by Weld County. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terns of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The Contractor in its construction 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 Contractor will be responsible for primary loss BID NO #81400157 Page 5 investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor 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 Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. floes of Insurance: The Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's 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 Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or Contractor's endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or Contractor's endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: 'Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and 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 $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract BID NO #81400157 Page 6 Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another, vi. A provision that coverage is primary, and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. BID NO #B1400157 Page 7 13. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 14. 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. 15. 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. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor. Oxford Recycling, Inc Attn.: President Address: 2406 W. Oxford Ave, Englewood, CO 80100 Address: E-mail: Coun : Name: Joshua Holbrook Position: Construction Inspection Supervisor Address: 1111 H st. Greeley, CO 80632-0758 Address: E-mail: jholbrook@weldgov.com 16. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 17. 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. 18. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument BID NO #B1400157 Page 8 signed by both parties. 19. 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. 20. 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 Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor 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 Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 21. 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. 22. 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. 23. 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. 24. 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. My provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 25. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for a BID NO #B1400157 Page 9 employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5- 101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3). if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 26. Attorneys Fees/Leaal Costs. In the event of a dispute between County and Contractor, 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. 27. 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 Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits _ and _, 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. BID NO #B1400157 Page 10 0 N WITNESS V4IEREOF, the parties hereto have signed this Agreement this / 3 mday of LA ( if , 20'J CONTRACTOR: By: /`— . T 74s 7 Name: 1Zft� a< 1 Tdfe: p/ /0le y WELD CO ATTES' Weld Coun BY: Deputy CI:' to the Boa Controller APPROVED AS TO FORM: egi-t County Attorney APPROVED AS TO FUNDING: r APPROVED AS TO SU=-TANCE: Date 10- 6 —/e6 OARD OF COUNTY COMMISSIONERS LD COUNTY, OLORADO bara Kirkmeyer, Pro-Tem OCT 13 2014 Dire o •f • eneral Services BID NO #B1400157 Page 11 o9oIL!-27 I EXHIBIT A ****************** REQUEST NO No. B1400157 ****************** BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: 8.5.2014 PAGES 3 -10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3 -10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. I. NOTICE TO BIDDERS: A. 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: 2014 Tree Disposal Service Contract (with possible two, one-year renewals) Department of Public Works B. Bids for the above stated merchandise, equipment, and/or services 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: 8/28/2014, 10:30 a.m. !Weld County Purchasing Time Clock). **Mandatory Pre -Bid Meeting- All bidders are required to attend a pre -bid meeting to be held at East Davis located on WCR 60.5/Hwy 263 between WCR 47 and WCR 49 (south side of road). (The meet is scheduled for 10:00 A.M. August 20, 2014.r* II. INVITATION TO BID: A. Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. B. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. C. 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. D. 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 joined 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. E. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: mwalterseco.weld.co.us or reverett(o)co.weld.co.us. Emailed bids must include the following statement on the BID NO#81400157 Page 3 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. Mailed 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. III. INSTRUCTIONS TO BIDDERS: A. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. 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. B. 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. C. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the bidders' risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein, unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. E. 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 I., entitled, "Notice to Bidders." I When approximate quantities are stated, Weld County reserves the right to increase or deerease quantity as best fits its needs. G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. Any item supplied to Weld County shall be new and of the manufacturer's current model unless BID NO # B1400157 Page 4 otherwise specified. I. 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). J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. K. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing. No employee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of General Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. L. The successful bidder shall indemnify and hold harmless Weld County against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. M. 1 he successful bidder certifies that it shall comply with the provisions of C.R.S. § 8-17.5-101, et seq. The successful bidder shall not knowingly employ or contract with an illegal alien to perform work under the contract or enter into a contract with a subcontractor that fails to certify to the successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the contract. The successful bidder represents, warrants, and agrees that it: (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. § 8-17.5-102(2)(b). The successful bidder shall comply with all reasonable requests made in the course of an investigation under C.R.S. § 8-17.5-102 by the Colorado Department of Labor and Employment. If the successful bidder fails to comply with any requirement of this provision or C.R.S. § 8-17.5-101, et seq., Weld County may terminate the contract for breach and the successful bidder shall be liable for actual and consequential damages to Weld County. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if the successful bidder receives federal or state funds under the contract, the 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 the 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. N. All goods shall remain the property of the seller until delivered to and accepted by Weld County. O. 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 BID NO # B1400157 Page 5 of a bid not properly addressed and identified. P. 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, 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. The County may require a separate contract, which if required, has been made a part of this RFP. Q. 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. R. Upon the election by Weld County, no delivery of materials, equipment or services shall become due or be accepted unless a purchase order shall first have been issued by the Weld County Director of General Services. It is understood that it is necessary for all invoices to be made out to "Weld County, Colorado," not to the Department securing the merchandise. All invoices should be sent to: Weld County, Accounting Department, P. O. Box 758, Greeley, Colorado 80632. S. These instructions, the proposal forms, and specifications have been developed with the hope of raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. T. Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information the word, and "CONFIDENTIAL." Bidders are warned that financial information submitted without such denotation may be subject to public disclosure, pursuant to the terms of the Colorado Open Records Act. IV. DEFINITIONS A. "Standard:" When the word "standard" is used in the specification to describe an item of equipment or in assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. B. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be fumished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. C. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. V. GENERAL SPECIFICATIONS, CONDITIONS AND INFORMATION BID NO # B1400157 Page 6 A. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. B. Warranty: The successful bidder shall warrant that: 1. The goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and 2. The goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and 3. The goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein 4. 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. All warranties made by the successful bidder, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. C. 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. D. General Information: 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. E. Fund Availability: Financial obligations of the 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. F. 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. G. 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 BID NO # B1400157 Page 7 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. H. 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. I. 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. J. 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. K. 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. L. Attorneys 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. M. 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. N. insurance Requirements. 1. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "AVM 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 BID NO # B1400157 Page 8 sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/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 coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. Contractor/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. 2. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: a. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's Contract Professional's employees acting within the course and scope of their employment. b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: i. $1,000,000 each occurrence; ii. $2,000,000 general aggregate; iii. $2,000,000 products and completed operations aggregate; iv. $50,000 any one fire; and 3. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. 4. Additional Provisions: a. Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. b. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. 5. Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") at or before the time of execution of this Agreement, and shall keep in BID NO # B1400157 Page 9 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. 6. Proof of Insurance: County reserves the right to require Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. 7. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. 8. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. 9. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims. The remainder of this page left blank intentionally BID NO # B1400157 Page 10 Scope of Work and General Specifications Purpose Weld County Public Works is in need of a contractor to remove trees and tree limbs, which have been piled at two locations, as described within this bid. Scope of Work: The Contractor shall remove and haul off site all tree debris/material that has accumulated as the result of routine County work. The trees are piled at two locations: East Davis pit (WCR 60.5/SH 263 between CR 47 an CR 49) and the Hokestra Pit (WCR 24.5 and WCR 9.5). The amount of debris/materials collected each year varies, but the last two years averages has been grinding 200-250 trees and hauling 400-500 cubic years of wood chips. The estimated work days per years are 15-24 days. The work days are somewhat flexible and can be modified at the discretion of the Public Works Director or his designee. The contractor is required to be a licensed and/or qualified with a minimum of three (3) years experience dealing with tree removal, recycling, processing, and disposal. The contractor will be responsible for any actions conducted without the approval of Weld County. Also the contractor will be required to furnish all tools, equipment, and repairs with safety at the forefront when doing work for and with Weld County crews. Summer hours at a predetermined staging area are to begin at 0600 to 1630 hours Monday through Thursday from approximately April 2, 2014 to September 1, 2014 unless otherwise directed by the Public Works Director. Winter hours are September 2, 2014 through April 1, 2015 from 0700 to 1530 Monday through Friday. General Specifications: 1) Tree debris shall be hauled off location and disposed of at the contractor's expense. All disposal and processing facilities shall be included in the bid submittal. Mandatory Pre -Bid Meeting: All bidders are required to attend a pre -bid meeting to be held at East Davis (WCR 60.5/State Highway 263 between WCR 47 and WCR 49. The meeting is scheduled for 10:00 A.M. August 20, 2014. (See map for location on page 20) Weld County Contact: Questions related to the project and procedures should be directed to: Steve Detienne — Road and Bridge Supervisor Weld County Public Works 970.304.6496, ext. 3774 sdetien neaweld aov. com or Joshua Holbrook — Construction Inspection Supervisor Weld County Public Works 970.304.6496, ext. 3734 jholbrook(rDweldcrov.com Terms and Conditions: All contractors will be required to sign Weld County's Construction Service Agreement (see example on pages 23- 28) The Agreement shall commence approximately March 2014 and continue in full force and effect for one year. At the option of the County, the Agreement may be extended for up to two (2) additional years. Increases in the cost may be negotiated for subsequent renewal of the second and third additional one-year periods. Price changes in the fee/bid schedule will be negotiated by and agreed to by both parties and any increase shall not exceed the Denver -Boulder, Greeley CIP index. The Contract may and will be used at the option of other Weld County Departments. BID NO # B1400157 Page 18 EXHIBIT B 2014 BID SCHEDULE 1) $ I l 770 Lump Sum 2) $ 1t30Lump Sum Removal and disposal offal tree debrishneterial from the East Davis site that exist on the site as of August 20, 2014. Processing method and end -disposal of tree material to be approved by Weld County. Removal and disposal offal tree debris/material from the Hokestra Gravel Pt Site that exist on the site as of August 20, 2014. Processing method and end -disposal O of bee material to be approved by Weld County. 3) $ o per . vd Rate that tree limbs to be disposed of and hailed off site . (AN costs shag be included in cu. yd rate). THIS RATE WILL BE USED IF ANY TREE DEBRISANATERIAL IS ADDED EAST DAVIS OR HOKESTRA PILES AFTER AUGUST 10, 2014, TO THE TREE DEBRIS PILES AT THE EAST DAVIS OR HOKESTRA SITES AND FOR 2015 AND 2016 IF THE CONTRACT IS EXTENDED. 4) $ 0 per cu. vd Contractor to be available when needed for after hours due to storms or anything classified as urgent or emergency by county personnel. (Cost of disposal to be included in cu. yd rate) - Bidder agrees to perform all work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on quote for actual labor and equipment hourly rate for services. SIGNATURES: Dated this 27 day of kb(ou S r 2014 FIRM NAME: D OR.D TORN �, ' ++//tZ4cye4,th/G, JO BY:J 44 rimerimePfiEsiogdi BIDDER'S LEGAL SIGNATURE 4 STATE OF INCORPORATION (P tO IWD ADDRESS: Vqob it) : bXF(40 kit M9l, wt*0, t 0 SOHO iD TELEPHONE NO. 3$' %Z -111O12 FAX NO. 303 1&Z- l ? Co BID NO # 81400157 Page 19 AC'CPROe F CERTIFICATE OF LIABILITY INSURANCE DAIEIMMIDDMYY) 10/01/2014 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(les) 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). PROM CERWillis of Colorado, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, 1W 372305191 USA CCRTACT NAME: SAS yICOA,.ajy;1-877-945-737a I MC. Noi:1-888-467-2378 E-MAILPHONE EL ADDRESS: certificateNrillis.coe INSURERS) AFFORDING COVERAGE NAIC It INSURER A:United Fire 8 Casualty Company 13021 INSUREDOxford Recycling, Inc. Attn: John Kent 2400 W Oxford Ave Englewood, CO 80110 INSURERS :pinnacol Assurance Company 41190 INSURER C: INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBERar59174s REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMMVD/YYYY) POLICY EXP IMMIDDIYYYYI UNITS A X COMMERCIAL GENERAL LABILITY Y 60379152 01/01/2014 01/01/2015 EACH OCCURRENCE $ 1,000,000 OMIAGE TO RENTED $ 100,000 I CLAIMS -MADE X OCCUR PREMISES (Ea occurrence) MEDEXP (Any one person) S 5,000 PERSONAL AADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE X LIMIT APPLIES SECT X PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X — LIABILITY ANY AUTO ALLONMED AUTOAUTOS SFIRED SCHEDULED NON -OWNED 60379152 01/01/2014 01/01/2015 COMBINED SINGLE LIMIT (Ea acddart) 8 1,000,000 BODILY INJURY (Per person) 8 BODILY INJURY (Per accident) $ PRRrOPEERTYDAMAGE $ 8 A X UMBRELLA LAB EXCESS UM! X OCCUR CLAIMS -MADE 60379152 01/01/2014 01/01/2015 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 3 DELI X I RETENTION 610.000 B WORKERS COMPENSATION ABI AND EMPLOYERS' LIUTT YIN ANY PROPRIETOR/PARTNER/FXECURVE OFF CER/MEMBER EXCLUDED? (Mandatory In NH) If yes descunder DESCRIPTION OF OPERATIONS below NIA 4007491 04/01/2014 04/01/2015 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 50°,000 I LOCAs an LS CHIlLES (ACORD ured as 1Y,AddLMms nal ewka So General yi�:M.iniryy be attached If more space le required) DEdSCRIrnal OFOPERATIONSincluded sol CERTIFICATE HOLDER CANCELLATION Weld County Attn: Joshua Holbrook 1111 H St. Greeley, Co 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) ® 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BR ID:7307160 BATCH:Batch 8: 86900 �. W-9 sh wewwwe ray Immein t I Request for Taxpayer Identification Number and Certification Name Pssea.e.1 yet ieeeetscreene bxantO EEcyadia Z.ve- ikammad o,__2eetFew,aenesttmaahrs Gram Faa to Ii. asps etr. tenet SS WOW n CJsaa.rpeb backstairs' tax cladattaists _ ❑taialetlobproser. ❑ccapamera ('�.c O.es.1 O i+esaalip ❑Tae.abie ❑ tidNtebdysapsy. Warts be daarafon Cob ..__S. 8.ewprAn, P.praiaYip)►— o Other thee eebudione Aden Pesbraeeet awl apt a ante ea) 74on WI oXF6R0 Sr. bay. dot and abash Genpaswtwo I amearep Stn$ wouwageM ea.aa.tnMICA rowans ado font 61461. WOOD Co ID no lot aoat..tn be)tare(peeled la Taxpayer kkintirseadon Want= (TIN) Saar yaw TIN Into app.c d be lhoTah prodded mud welch the now pan an Ms 74ma•ine b aebldb.dagaR/daq. For IndhlOals. tit yaaaod/wally nutter pew R ...... fora residing Set ads orcgdotot a denprdld srYy, shad Pat I balatelarte an mot Aar caw aaee, k ryaw swayer lderddcwan nabr(eTrl 'sou do not has a rifbot sHawbpaa lwm pada3. NOM. 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For masse interest pelt aopdddm or abandonment d seal= =pat cenctaf ofdebt aegWMesw in Indildual reaanat anaa80lnea oft as gataray. payments agar en Want and addenda you an not rewid bsign tie owdearn, bayou mew proddsyawcorrect TIN. Sae 144 Irsist:caors m page 3. Sign Here Syatma U.S. pence la General Instructions SoWteeSenores mlolls banWRe.sus Coda Skis ours rented. Fangs bwkgema .Tlo yd. rem crested • per at Repa/a rebraulton about Pam W4. it M.W.fl90$t.I. Hamabn'beet ay Mondwdapnaa ,leers Fos W -B Meet as legidaae sacred Swords* ill .0 be peeled Purpose of Form A peen wise expend tallest San tan it."wee the RS met ebab yew cones swayer idesiotannumbed (T14 tor%at It simple. Some pie b yr. payments mare to you in geckoes dpeym.a and and di d per Maws raMsalas reel ram a•rs•tdrs. spa. Seeetya pelt agswat abeswnmsd sad watt. anaatln of ate, a embers yea mob to., RA Use Form We arty dyou are a U.S. penal dn*4i.g amdde OWLS* prase your carat TN tots person mg.asg a iS a4strj ens. Son --tweet. Ice 1. Oats ma IS TN you is swig i cocoa (ayes are wdrg t& • rants b be isa00), a bendy tare we not aablettoSaw wCt.S a 3.Omen a implio. embackup eddwag Hyde es•UA svngtp yK t *portable, you're she sedans Ma as MUs; prae.ymrdaaNemoth d any prewdtpbmastdn■ U$.lag amdlmesnot abpatwSs wa tddb.g be on foreign o sae estwe denatay arnerteeincana and 4. Cary desFATCA.ese(genb.d n ticks' et any) i,mati °vatyou ate cost is IS MICA rests is mmt. Nos. dycomeU.A paean and argaata giayou if other ben Fern WArore.wtyatr 11.4 you. mar use the nesters arm Has absresy Weer robe dam Wt balkiest de U.S. perm. For tided mspots is se oa dated a U.B. paste a YOU inc • M SSE* stns • U.S. dean or U.S. SOS sea. • A pmtwi ip, arpa*s ampl* asocietal said a apa.wd in to UAW same a masts inn ale.. units them, • Pa Cane (SW end Seta .KSa • A eresekPutt liedose a hpuWasskin 3013701-7p Spiegel See Sbfar Yrm Pa.meewthe that sedate bade a terrain the 1441 nare beigeprase' It. ' IW Owneetedlthable Emmet= ear &einem Amur, in main sew whist Res Wit the not tom medWt the Puke was sedaa 1446 taken patwrytptopramsVat a pant Si asap pea. as pay tssedn 1445' tYddnpacc.TMdm, (yam m• U.S. peace sets* psi. an. pstwatlpsedmang eineabusiness ens UAed Bess, ponds fam W4 to to pataraip b asO7wt yw U.S. an. as avid ashen 144ew.mddnpstyes else ofporbraphome. Ca. rte 10231X damn Oat 8.201(5 BID NO # 81400157 Page 13 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: Attau S 7 2011 - All questions heretic must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted rah the bid This statement must be notarized Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional kfonnafion whkh is believed to be pertinent to this bid. Failure to complete this form pursuant to the dbections herein may be cause for rejection of the bid. AN bidders are reminded that a contract for the wont described In the Contract Documents will be awarded to the lowest reliable, responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities ancVor irregulanties and to reject any or all bids. 1. Name of Bidder (Company or Finn): OXFoA() E6eydung, - nre, 2 Permanent main office address: 2 'ID O We 0%620 4ve, ev6c1M c D/ ea gaud Phone Number jog- lb z - II 6o Fax Number. 3O1- 7b2- ;7442 3. Year Company was organized: f et loci 4. Number of years this Company has been engaged in similar projects as outlined in this bid: 6 ti Under what firm, company or trade names has this company been engaged in this type of business, how long under each name, and how long has each company been bonding no*? oxthi20 EecyeuiG, INC Oat jvgaa arsiVelso 6. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: City of grecnm`itr�0 $ l7, 66S ,zoiy $ 7. List all contracts which were not completed by the contracted and completion data Include the project description and state the number of days beyond the contract completion data NONE 8. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. NONE 411111113 BID NO #B1400157 Page 14 9. Describe all contracts that the Company failed to complete. ENE 10. Describe all contracts on which the Company defaulted or from which the Company was terminated. AIGWO 11. List all of the subs onbacto s the Company Mends to use under this contract the work that each subcontractor will do and the percentage of the Company's bid that each contractor's wok comprises. F REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM (FIFTEEN PERCENT) 15% OR MORE OF THE WORK. SUBCONTRACTOR I $MLis feritE WORK DESCRIPTION % OF WORK ►Iraucrnk AWL? It SO SO 12. List the principal members of the company who will be involved win this project PERTINENT NAME ivied 1c ill TITLE Oae/Aa er YRS. EXPERIENCE 30 13. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. NoAE BID NO # B1400157 Page 15 The undersigned hereby stears and affirms that the information contained herein is complete and bus and further, hereby authorizes and requests any person, company, inn or corporation to furnish any information requested by the County of Weld in verification of the facials comprising this Statement ofQuafibcatiana and Subcontractors. Dated this o?a day of Atl s r NOTARY 20 fl‘ Bidder. atria* tayeas6, Srvc. Company By 9 4 Signature� Name: .70U%' f gal?. (Please Type) istageArt County of 6-1dQ— ) state of ev/ he is o 1c geed - p>bn,tio_,h (life) ```stt�0 Hryree Being duly sworn, deposes and says that Of art- Po�.(�l%J f.-yur and !/ 0 (Company Name) That tf��uastions an all statements therein contained are t and correct Subscribed and efor�me a day ofd�// �/� 20 !4 (EAR r ia/Le. ... kt a=jeCv/v I /V V s : wr. ° (J %� rf �6 e My Commission Expires '4�te of c°v° .� May 22, 2016 rrrrul a%ii BID NO *B1400157 Page 16 COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT Maei,K.a NI mend. that hereby attest that aW oiha$o i, enclothe persm responsible sed herrryewith from Mat pers n to for the final declaim metal Me a meet exit the Matte) and mount eeioof w�on his or her belted and on befal d ny dm I fatter ghost that 1. The pricers) and anima a this bid have been saved at YWapaideildy, silent consultation, carenf onion a awesome Tot le pupae a with the Glad d reSid ing odmpelman * h any other firm or person who lea bidder a pietas prime alder. a Neither the pricers) nor the amud alas bid hew been decbsedt any dila Inn or person who lea bidder or potato] pine bidder on It project and wA not be so dialoged pdsrto bid opening. 28. Netter the prices iia the annul ale bid of ay otter rsnt a person wen lea bidders potential prime bidder on It project have been .t.I_ed to me a nyftm. a No terra has been made to sot* cases a trace ay Om a pawn Mn lea bidder a potential prime adder to refrain from bid g on this Pra)edt, orb wbnt a aid higher than the bid of this firm, a any Inlambnady high a non- canpeuhe to a other tam d complemented aid. 86 No agreement has been wonted or satiated for cry other Om a pawn who Is a bidder a potential prime bidder ca ads project to stet an ttntlaely high, nanompeuta a other lam a complanatby bid an Ids project 4. Ter bid d ny firm Is made In good fella and not pursuant to any mmr/alm, connotation, easement or dadussl n win, or Induoenard or s S tIL'I q or from any tam a person to subs* any Manaaaly high, nonoan- pdave or other tam a complemented bid. 5. My thin has not need or entered into a subcontract or agreement regarding the purchase a sale of material; or settees Iron any inn or person, or paned. panted Or pall cash or arrAfINO of vase to ay tin a persa. wteler h Gonnedbn with tt a another project, in consideration Loran agreement a promise by any firm or person to retrain from bidding alto submf any hdamaely high norm nnpeW✓e or other tam of co nple nesary bid oragreeing a prig to do so on this project S. My hash hes not accepted or been painted any subcontract or apaement regarding the sale of materials a services to arty firm or person, and has not been promised a - cash a anything d value ty ay firm or person, whether in connection Mu this or any other prided. in consideration for nyltrts su btrdltg ay i$alloaally Ngn nananpedlive or diner form a wnytanamay bid, a agreeing or promising to do so, on this project 7. Item made a doges inquiry of al rrembers, officers. emptyees, and ant or nY MI we responstdtles relating to the preparation, approval a submission any and bid an this prefect and have been advised by each of than tat he a she has not partilpated in any conenamkalon, oasldafco, Sass ag eenem, coWelon, a other conduct Inconsistent wain any of the statements and representations made In Nis affidavit. 8. I understand and ny firm understate ma any misstatement hi It aledaul Is and Wise be treated as a tranaat conceamant from the Colorado Department of Transportation, of the Due fads relating to subntsnn of bide for bk contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, MM ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE .<a11Cw1YI1M» Canoes MPS x 0020 Recycua6Y 1,vc, /w Sr" ./ / f 9 -fl -rid sun pate own 2A000MMpn MD ores M,MIan,.111 Nn M111M, Sr DM ' 0tendiAc X14 `? L.4 �� 7 'I Sworn to before me this day o. LF 42 a Nots� ' J earn nee l�Qt41%+.-- i{ Q�liL.t_dl� N �p~� ~ E ti 0% (43 fie a 01.colDTB60 �•�• M a,n,1rM SO Dslaariln NOTE: This document must be signed In ink COOT Perm Ma WO BID NO # B1400157 Page 17 MEMORANDUM TO: Clerk to the Board DA'Z'E: October 2, 2014 FROM: Josh I lolhrook, Inspection Supervisor SUBJECT: BOCC Consent Agenda Bid #81400157 Doe #2014-2721 Agreement for Construction Services with Aesthetic Alternative Recycling, TLC, for the 2014 'Free Disposal Services/ I lokestra Gravel Pit in the amount of . This Agreement includes possible two. one-year renewals. One original agreement is attached. fI lark, AGI6DAmemo, ;. -- 10 —,031O/41 RECEIVED OCT 022014 WELD COUNTY COMMISSIONERS JON -d7,2I 56O070 WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & AESTHETIC ALTERNATIVE RECYLING, LLC 2014 TREE DISPOSAL SERVICES / HOKESTRA GRAVEL PIT THIS AGREEMENT is made and entered into this 29 day of September, 2014, 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 Aesthetic Alternative Recycling, LLC, a limited liability company who whose address is 2840 South Holly Place, Denver CO, 80222-7007, hereinafter referred to as "Contractor". WHEREAS, Hokestra Gravel Pit needs tree debris removed from location, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the debris removal, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibit A; WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Construction Services at or below the cost set forth in Exhibit B: WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations cf Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B1400157". The RFP contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms Contractor's obligations under this Agreement. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Project described in Exhibit A which is attached hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County Director of Public Works or other designated supervisory personnel, (the "Manager"), to perform the services described on attached Exhibits A and B. Contractor shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided BID NO #B1400157 Page 1 by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contractor the right to provide materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the County. If this Agreement is terminated by County, Contractor 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 materials which Contractor 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 Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 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, Contractor'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. BID NO #B1400157 Page 2 6. Compensation/Contract Amount. Upon Contractor's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than $10,348.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by 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 Contractor under the terms of this Agreement for any amount in excess of the sum of the bid amount set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contractor'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 Contractor 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, Contractor 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 Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29- 1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contractor. Contractor agrees that it is an independent Contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contractor shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contractor 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 as set forth in Exhibit B provide proof thereof when requested to do so by County. BID NO #B1400157 Page 3 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 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. Contractor 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 Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, 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 Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor 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. Contractor 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 Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this agreement. 11. Warranty. Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of BID NO #B1400157 Page 4 the construction 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 Contractor, 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 construction completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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 Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/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 Contractor/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor 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 Contractor/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 Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Indemnity: The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type BID NO #B1400157 Page 5 or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The Contractor in its construction 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 Contractor 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 Contractor 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 Contractor 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 Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor's 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 Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or Contractor's endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or Contractor's endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" and 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; BID NO #B1400157 Page 6 $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payment one person Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Additional provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. BID NO #B1400157 Page 7 Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 15. Examination of Records. Contractor agrees that any duly authorized representative of County, including the County Auditor, shall, until the expiration of five (5) years after the final payment under this Agreement, 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. 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. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Aesthetic Alternative Recycling, Inc Attn.: Owner/Manager Address: 2450 S. Syracuse Way, Denver CO 80231 Address: E-mail: County: Name: Joshua Holbrook Position: Construction Inspection Supervisor Address: 111'1 H st. Greeley, CO 80632-0758 Address: E-mail: jholbrook@weldgov.com BID NO #B1400157 Page 8 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement 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 Contractor's services and Contractor shall not employ any person having such known interests. During the term of this Agreement, Contractor 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 Contractor to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 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 acton 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. BID NO #B1400157 Page 9 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5- 102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5- 101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. PID NO #01400157 Page 10 Douglas adem ach BOARD OF COUNTY COMMISSIONERS WELD COI,.N {, COLORADO Rol Lic' 0CT 0 6 2014 APPROVED AS • SUBSTANCE: 31. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contractor, 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. 32. 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 Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits _ and , 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. G' IN ITNESS WHEREOF, the parties hereto have signed this Agreement this 9.) day of 201q ONT CTOR: Name:'JPQj (%� Title: O WY'rkr v� LAG By j i /f J j' Date c7� // WELD COUfrOpe.` 1/ .ok ATTEST: .Luu/ Weld County Clerk to the Board BY: De uty Clerk to the Board APPROVED AS TO UNDING: ;ht -LL v Z Controller BID NO #61400157 ney eral Services Page 11 co/</- a2al ****************** EXHIBIT A REQUEST NO No. B1400157 ****************** DATE: 8.5.2014 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES PAGES 3 -10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 3 -10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. I. NOTICE TO BIDDERS: A. 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: 2014 Tree Disposal Service Contract (with possible two, one-year renewals) Department of Public Works B. Bids for the above stated merchandise, equipment, and/or services 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: 8/28/2014, 10:30 a.m. (Weld County Purchasing Time Clock). "Mandatory Pre -Bid Meeting- All bidders are required to attend a pre -bid meeting to be held at East Davis located on WCR 60.5/Hwy 263 between WCR 47 and WCR 49 (south side of road). (The meet is scheduled for 10:00 A.M. August 20, 2014.r* II. INVITATION TO BID: A. Weld County requests bids for the purchase of the above -listed merchandise, equipment, and/or services. B. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. C. 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. D. 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 joined 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. E. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: mwaltersco.weld.co.us or reverett(aico.weld.co.us. Emailed bids must include the following statement on the BID NO # B1400157 Page 3 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. Mailed 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. III. INSTRUCTIONS TO BIDDERS: A. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. 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. B. 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 wil! be at the bidders' risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein, unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. E. 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 I., entitled, "Notice to Bidders." F. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. Any item supplied to Weld County shall be new and of the manufacturer's current model unless BIL) NO # B1400157 Page 4 otherwise specified. I. 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). J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. K. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing. No employee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of General Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. L. The successful bidder shall indemnify and hold harmless Weld County against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. M. The successful bidder certifies that it shall comply with the provisions of C.R.S. § 8-17.5-101, et seq. The successful bidder shall not knowingly employ or contract with an illegal alien to perform work under the contract or enter into a contract with a subcontractor that fails to certify to the successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the contract. The successful bidder represents, warrants, and agrees that it: (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. § 8-17.5-102(2)(b). The successful bidder shall comply with all reasonable requests made in the course of an investigation under C.R.S. § 8-17.5-102 by the Colorado Department of Labor and Employment. If the successful bidder fails to comply with any requirement of this provision or C.R.S. § 8-17.5-101, et seq., Weld County may terminate the contract for breach and the successful bidder shall be liable for actual and consequential damages to Weld County. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if the successful bidder receives federal or state funds under the contract, the 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 the 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 !awfully 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. N. All goods shall remain the property of the seller until delivered to and accepted by Weld County. O. 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 BID NO # B1400157 Page 5 of a bid not properly addressed and identified. P. 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, 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. The County may require a separate contract, which if required, has been made a part of this RFP. Q. 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. R. Upon the election by Weld County, no delivery of materials, equipment or services shall become due or be accepted unless a purchase order shall first have been issued by the Weld County Director of General Services. It is understood that it is necessary for all invoices to be made out to "Weld County, Colorado," not to the Department securing the merchandise. All invoices should be sent to: Weld County, Accounting Department, P. O. Box 758, Greeley, Colorado 80632. S. These instructions, the proposal forms, and specifications have been developed with the hope of raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. T. Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information the word, and "CONFIDENTIAL." Bidders are warned that financial information submitted without such denotation may be subject to public disclosure, pursuant to the terms of the Colorado Open Records Act. IV. DEFINITIONS A. "Standard:" When the word "standard" is used in the specification to describe an item of equipment or in assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. B. "Reputable Manufacturer:" A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. C. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. V. GENERAL SPECIFICATIONS, CONDITIONS AND INFORMATION BID NO # B1400157 Page 6 A. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. B. Warranty: The successful bidder shall warrant that: 1. The goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and 2. The goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and 3. The goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein 4. 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. All warranties made by the successful bidder, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. C. 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. D. General Information: 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. E. Fund Availability: Financial obligations of the 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. F. 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. G. 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 BID NO # B1400157 Page 7 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. H. 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. I. 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. J. 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. K. 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. L. Attorneys 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. M. 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. N. Insurance Requirements. 1. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement cf any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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 BID NO # B1400157 Page 8 sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contractor/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 coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. Contractor/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. 2. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: a. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's Contract Professional's employees acting within the course and scope of their employment. b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: $1,000,000 each occurrence; ii. $2,000,000 general aggregate; iii. $2,000,000 products and completed operations aggregate; iv. $50,000 any one fire; and 3. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. 4. Additional Provisions: a. Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. b. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. 5. Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") at or before the time of execution of this Agreement, and shall keep in BID NO # B1400157 Page 9 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. 6. Proof of Insurance: County reserves the right to require Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. 9. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit for all claims. The remainder of this page left blank intentionally BID NO # 81400157 Page 10 Scope of Work and General Specifications Purpose Weld County Public Works is in need of a contractor to remove trees and tree limbs, which have been piled at two locations, as described within this bid. Scope of Work: The Contractor shall remove and haul off site all tree debris/material that has accumulated as the result of routine County work. The trees are piled at two locations: East Davis pit (WCR 60.5/SH 263 between CR 47 an CR 49) and the Hokestra Pit (WCR 24.5 and WCR 9.5). The amount of debris/materials collected each year varies, but the last two years averages has been grinding 200-250 trees and hauling 400-500 cubic years of wood chips. The estimated work days per years are 15-24 days. The work days are somewhat flexible and can be modified at the discretion of the Public Works Director or his designee. The contractor is required to be a licensed and/or qualified with a minimum of three (3) years experience dealing with tree removal, recycling, processing, and disposal. The contractor will be responsible for any actions conducted without the approval of Weld County. Also the contractor will be required to furnish all tools, equipment, and repairs with safety at the forefront when doing work for and with Weld County crews. Summer hours at a predetermined staging area are to begin at 0600 to 1630 hours Monday through Thursday from approximately April 2, 2014 to September 1, 2014 unless otherwise directed by the Public Works Director. Winter hours are September 2, 2014 through April 1, 2015 from 0700 to 1530 Monday through Friday. General Specifications: 1) Tree debris shall be hauled off location and disposed of at the contractor's expense. All disposal and processing facilities shall be included in the bid submittal. Mandatory Pre -Bid Meeting: All bidders are required to attend a pre -bid meeting to be held at East Davis (WCR 60.5/State Highway 263 between WCR 47 and WCR 49. The meeting is scheduled for 10:00 A.M. August 20, 2014. (See map for location on page 20) Weld County Contact: Questions related to the project and procedures should he directed to: Steve Detienne — Road and Bridge Supervisor Weld County Public Works 970.304.6496, ext. 3774 sdetienneweldgov.com com or Joshua Holbrook — Construction Inspection Supervisor Weld County Public Works 970.304.6496, ext. 3734 jholbrook(a.weldgov.com Terms and Conditions: All contractors will be required to sign Weld County's Construction Service Agreement (see example on pages 23- 28) The Agreement shall commence approximately March 2014 and continue in full force and effect for one year. At the option of the County, the Agreement may be extended for up to two (2) additional years. Increases in the cost may be negotiated for subsequent renewal of the second and third additional one-year periods. Price changes in the fee/bid schedule will be negotiated by and agreed to by both parties and any increase shall not exceed the Denver -Boulder, Greeley CIP index. The Contract may and will be used at the option of other Weld County Departments. BID NO # B1400157 Page 18 EXHIBIT B STATE OF INCORPORATION: 2014 BID SCHEDULE �65� 1) $ Lump Sum ,3y$ 2) $ Lump Sum 3) $ 03 per cu. yd Removal and disposal off all tree debris/material from the East Davis site that exist on the site as of August 20, 2014. Processing method and end -disposal of tree material to be approved by Weld County. Removal and disposal off all tree debris/material from the Hokestra Gravel Pit Site that exist on the site as of August 20, 2014 Processing method and end -disposal of tree material to be approved by Weld County. Rate that tree limbs to be disposed of and hauled off site . (Ali costs shall be included in cu yd rate). THIS RATE WILL BE USED IF ANY TREE DEBRIS/MATERIAL IS ADDED EAST DAVIS OR HOKESTRA PILES AFTER AUGUST 10, 2014, TO THE TREE DEBRIS PILES AT THE EAST DAVIS OR HOKESTRA SITES AND FOR 2015 AND 2016 IF THE CONTRACT IS EXTENDED 4) $ per cu yd Contractor to be available when needed for after hours due to storms or anything classified as urgent or emergency by county personnel. (Cost of disposal to be included in cu. yd rate) - Bidder agrees to perform ail work described in the Contract Documents for the unit prices as shown in the Bid Schedule. Payment will be based on quote for actual labor and equipment hourly rate for services. SIGNATURES. Dated this/a-9— day of FIRM NAME. BY: t e-XYO`S \ T BIDDER'S LEGAL SIGNATURE cr \ -oao ADDRESS:1.� CCL,A, TELEPHONE NO. U -- IIIIMMOOrabariECEMINIMOI _ BID NO#81400157 2014 �.. �. _CL i *c>O\ LI. C - TITLE: • ! 6V-\ex`� r,kC tea FAX NO/n J G1 ca. -.3H Page 19 Fenn W-9 :wl.:r!I.11 ,r,+I :I.' Ile••,:,,9'. Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. •1,1,1, Or! ;i :n;,an. tax:•?luiy r to ""..�G+�c�\tea �-l„� r..n:,->•. � .o'+tr... sic:::rk.l rrli } Iulnl.: a :tin:veva titanA ia,• { ,< , ; 1ita alai. •'nn its i,40'di L.r; .I.>6,h•. •trait. Or, PIoaf at.r pre4utntia t: r.:aryirxba, St:,aL•tai'axt P:utnt...'rgr I...E Tnroiest4l.t X t.n..t..t.:startle <:a!erm,q into thn t.v. ci.s•r'v..aas+t1 .•:ewe:den S -S cnrp<vatrt.. t' pannrrchgi.l.5 614.:110:!10 ivl► .;.11••1.:.,ltl!" 1. ..Pert and ,rpt tr uah• M1•.. ! Ir slur ilfr: fv i 11 .a,'n:xll:,urtbLr(Y)t..Y (rrperaltal) I.r:ns-tax* i).•• ;Aku;tI'ew:. I x•.nt4;I :sta.r: ,.1.d.) ht hoar • a ,..14.000, II taw I.AT. \ r.•prxGng I • .no I:• (II a.;••: .--.-._ L.p10114., n..:�..:12 .id., ^.•. Iri,h,at4.9 Taxpayer Identification Number (TIN} Enter ycur TIe. in the appropriate box The TIN provided must match the name given on the "Name' line to avoid backup withholding. For rndlvidlctls this is your social security number (SSN). However, for a reside: it alio; sole proprietor, or disregarded amity. see the Part I instructions on page 3. For other entitles •1 a your anap•ioyer tderttitrcat:en rurnbar J ENN). if rier! do not a number. see How to gat a TN on ptiae Note. !1 the account ism more than or.e name, see the chart or page 4 fur guidelines on whose ntdmpel to enter Part I Certification Under penalties of perjury. I certify that. t. The ',orate: shown on this tarn is my correct taxpayer idantitcation number (• r I am waiting for a number to be issued to me:. and 2 I Jm rt?,; :•ub•K:.t to g3 kup'.Mhholdtng because (Si I am exempt fcra oackup orthtolding, or PI have not bean stilted by the Internal P.evenue Service .I tt.jl that ' sir subject *backup wittthdding as a res.dt of a :failure to repeat a9 interest or diedends, U !o; the 'RS nes notified me that I am :• .tger s.:Lr ct ro backup withhciding, and Part Ii 3. 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I ! 4.1 In the pc.son requ. esbrtl a 'Ills iimusk•li and. °t.vl 1 uq V.,' 114, tiN You are •yvv+q is .xrrwc (ea vial Ale W.iNmi let 4lxr..1:•+ • 1.. 2.'.••00.., Ihal. , ,,, m r.. not :x:tyixi to baelcup sitrhel'kni,. it 3. r:ia 6t't ••e. <rpl,. _, titan ba,idsr •aitltiwt,lK,y,r you era a ri.5 vx.npi appA•;r:,:. r c., .,t : ect, ,:rmlyrrtg 111',1 .>2 a l 1.S.110484111. }our silo abla:Jltte 1N alp- ir.,, rl 44.x'¢1` c1 01110 ►<rn a U.S. ba<fe a buaness is net m l te,:t to Hy, .:Ilia,:A,tlr,l lax chi ire:.pl n.Vimrs• shat• 1,, • if, • :1:• Il •:,awyi11ud Kluane. an•l •t dleitte that FATCA ,slept(mere'::r'!hr: ay m :R .u.,; .;w t' <lut!-i tie) pot are "r':mre i:xe thr, FA ins ,o,,1. I., al.." •.i Note. II year are a Ll S. parson and a i fat•,:altr q1, -s. you a tam other Ihan F iren ‘Ai t4 In raquesl yin .nN. 51w !..vn. it ot la stbstanarily MS)Ilelf to the; Finn Vi -9, baCnition at a US. person i'ur lorl.r.i SAX p, nt..,"a.. I,.r.ac calurkxad a It.s. tea E,i. ,1 Y <aa .,. a: • An i it:eiii<wt who i1, n II S. 171,101, or , I 'i •••.:drut =h•a.. • S. pv+ntrsWp, oalpanhw,. .xanpan/ .r : 4t.<x,l.,I..x. . rr nil -,t a cigar 1,d In OW l haled Stales Of unlu !NI trait of tlw::rrv,•! :'.141.:. • An estate (other elan a km 'Mils estate: .. • A .igmsstte hint r,,c dermal in NngJa: inns •••:r.<s, 31.1 !'01 7). Special naps for partnerships. Faarlrwr,u:p'. Ural •,:raax:l r (lade .Ir biomass in tho pried States art ! i,nfraly Iilt(unwi L•4 pay '4'C-4101110.9 las tinder trim 1446 on air' foreign twinlrs' share tit •2ttel;lrv-dy tinnft:Cd taxable mains Iran .v.rA1 bu na:a. burll-a. In infirm e.;1•1., F...rl, W. r! i la: not boon Ore nitres t 'n: 1,i stclion 14411 nap Kl r x :,so :.Im alp to ingrain'', that', partner <a a tereajn p errsrn, an4 (ay the.ar.•rttnn I A,IiI •..aS:funt-M IQ tax. IIn.r,ifao. R you stn a If.S. person that la A par(nar Ina pa1tnursl tip sit 1 ail l•9ing a trade tx busirrsa 411144 UJrlrted States. provide Form w•11 to Iltr rmith.,tiu f.,-:<tthlirh yea I1.S. slalom •Ma a„eill s..ettrtl 14411 oiihheatlny en ;two J •:a.: r;1 p:uiteisle,' :acorn. BID NO#8140015% •.1 N... t.(J.7Ix F..nn m W -g .ens. S. 701 3) Page 13 STATEMENT OF QUALIFICATIONS AND SUBCONTRACTORS DATE OF THIS STATEMENT: tJ All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any addtonai information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the lowest reliable. responsible and qualified bidder as determined by the County. The County reserves the right to waive informalities andlor irregularities and to reject any or all bids. 1. 2. Permanent main office address: Phone Number. Fax Number: fJ Name of Bidder• (Company or Firm): Pr.:1-1 `& -\\. ��(K O\\� - Pa:).-)r.10:cC\ 3. Year Company was organized: 4. Number of years this Company has been engaged in similar projects as outlined in this bid: 5. Under what firm, co pany or trade names has this company been engaged in this type of business, how long under each name, and how long has each P company Vbeen bonding work? f% l 7• ��ti11 ��C�. (7ri1 `.i,( i.� , i c �...J1\ ..l...� !''1-'�•�\ .\ \ 1 q I\ Y -%� - P \; " ' "‘PC(&)C.• CZ:ja.kArl\r(CiLam--'--c-,__ (kM L -vc;k- vk- .v\ -\\-kco-A-o\------- --'7.;\..'(k Jagol u._,. nx-c\-fAvA � f , ,t�\:\ ,`\r,(- 6. List all projects Thaf the'Company has under contract at the present time. Show the contract amount and the an c'lpated date of completion for eaon� V AT -. a_,�� `c1/4:•i-l\k, .0-t� '.00 .` 1 �?• r -1)1H calf\ 7. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 8. List all contracts within the last 3 years for which liquidated damages were assessed or may be assessed. BID NO # B1400157 Page 14 Describe all contracts that the Company failed to complete. 10. Describe all contracts on which the Company defaulted or from which the Company was terminatedtr 11. List all of the subcontractors the Company intends to use under this contract. the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. IF REQUESTED, THOSE CONTRACTORS BEING FURTHER CONSIDERED FOR AWARD SHALL FURNISH, WITHIN 24 HOURS AFTER THE BID OPENING, A SEPARATE STATEMENT OF QUALIFICATIONS COMPLETED BY EACH SUBCONTRACTOR WHO WILL PERFORM (FIFTEEN PERCENT) 15% OR MORE OF THE WORK. SUBCONTRACTOR WORK DESCRIPTION o;, OF WORK 12. List the principal members of the company who will be involved with this project. YRS. P TINENT NAME TITLE , EXPERIENCE - 3 . f-'!%.XC.X-- \ �1 ��t C " s t't Oi' K 4.� % c.. 13. List all lawsuits previqusly filed against or currently pending against you, the Company cr any officers of the Ii Company BID NO # B1400157 Page 15 AUG. 28. 2014 A'1 ; TErN< I :T I C 97418272 The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification o the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of NOTARY County of State of he is (Title) Bidder: By: na e P4ame: � tse Ty. ? MarYk5X-- SS. SHANNAM. MOTT NOTARY PUBLIC STATE OF COLORAcO NOTARY O 20144019513 MY COMMISSION EXPIRES MAY 12, nia -b61411— Being duty sworn, deposes and says that , and (Company Name) That the answers to the fnregoin questions an all statements therein contained are true and correct. Subscribed and sworn before me this , day of lityr , 20 14 - (SEAL) BID No* B1400157 Page 16 Au;. L "r L i ` - COLORADO DEPARTMENT OF TRANSPORTATION ANTI -COLLUSION AFFIDAVIT �Ao,.r0 no Q zcCoLA AT- DaVi5� ne'eby attest that I am the person responsible wtth'n• my firm for the final dads on as to the price(s) and amount of the bit or, it not, tit.st ( have written authorization. enclosed herewith, from that person to make the statements set out below or hi;; or ler behalf and on behalf of my firm. I 'urt•rer attest that. 1. The ;meta) and amount of this Deg have peen anlved at Irdepe,'sdant;y, wlthoie consultatbn, communication or agreement for The purpose or with tha insct of rootrictl na competition with any other firm or peroon r+l:o a a Didder or potential p;irrre order. 2A. Neither the price(s1 nor the amount cf this bid have been disclosed to any other firm or parson who is a bidder or potential prime bidder on this proje. ono wit; not be so disclosed prior to b;d opening. 2,3. Nether me prices nor the amount of the Lid of any other firm or person who is a bidder or potenlial prime bidder on this project have been disclosed to roe or my Tart. 3A. NO attempt n85 beet] made to8oircit, cocse or kldoori any firm or person who is a bidder or potential p erne Miler to retrain from blddkig on this project, or to submit a bid higher than thr bid of this firm or arty intentionally high or non- competitive bid or other form of complementary bid. itt. No agreement has bean promised or ao:icited for any other hrm or person who is a bidder or potertiei pnnti bidder on the project to submit an rntentionaliy nigh, noDdomprallttve or other form of complementary b`d on this project, a. The bid of my tam Is mado in good fattn and not pursuant to any consultation, communication, agreement or it ecuasion wdh. or inducement Or sot :nation by or front any ftrm or parson to submrl any intentionally high, noncom petltlua or other form of comp`emertary bid. 5. My 'irm has not offered or ente-red into a subcontract or agreement regarding the purchase or sale of netenal9 or sir/loos from arty slim or persbn, or altered. prom'sed or paid cash or anything of value to any Wm or person, whether in connection vain ibis or any other pro)ect. In .conslcleratlon for an agreement or promise by any form or person to refra'n from bidding or to srttrntt arty Intenbortelly high, noncompat tiva ar other form of conlatnentary bid or agreeing or promising to do so on this project 6. My 'Ijrn nes riot aCC2otea Or Deal prorilised any 5db0Ontrtbbt or agreernerlt regarding the, sale of materials or services to any firm Cr person, and has not been promised or paid cash or anything of value by any firm or person, whether id con^actioh with Inf8 orally other project, in consideration for my firm's submitting any entemronal y high, norrcomoetltfve or other term ot complementary bid, or agreeing or promising to do no, on this project. 7 I have made a dltger.t Inquiry of all menuhers, ofllcers, employees. and agents of ray firth wan respanerba:ties relating to tie preparation!. approval or eubmasion of ny firm's bid on this project and have been advsed try each of them that ha er she has not participated in any comrnfnlcation, conslft tfon, tii'sotf5sion, agreement, collusion, dr outer conduct inconsistent with any of the statements and representations made in this affidavit. 5 r unde•standand my firm understands that any misstatement :n the affidavit is and shall be treated as a fraudulent c n airnsurl from the Colorado Department of Transportation, or the true facts notating to submission of bids nor the contract. I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OA FEDF RAL LAWS, THAT TI -IF STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. C(Ao,Ircao.-t'f.,.1 rcmv� r.04 ar S` J104 }/•'�\,`O r„ j -,-er,.r....,,, 1,, U, C JI,DIN/ewi.e. 0!)P^.,VM4.C.r BY �• 07,1 1/ Sworn to bolero me this 2 Q' day of, r 1 O_ 20 1 .'to4yND. / l�� j SHAVNA M. MFiFi NOTARY PUB..IC STATE OF COLORADO NOTARY 1D 201440195,3 i MY COMMISSION Ej(P'RCS MAY !2.2015 `�� r+r tam*. �,iw 12, 2X ) ? i (f U NOTE: This docut-ni mu61 be signed in infra 'Sr nom, new troy BID NO # 81400157 Page 17 AC RO O® CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYYYI 9/30/2014 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 Olson & Olson Ltd 5655 S. Yosemite St. #101 Greenwood Village CO 80111 INSURED Aesthetic Alternative Recycling LLC 2840 S Holly Place Denver CO 80222 AESTH-2 CONTACT NAME: PHONE E-MAIL ADDRESS INSURER(S) AFFORDING COVERAGE INSURER A Westfield Insurance Company INSURER B :Pinraco Assurance INSURER C : INSURER D: FAX A/c N0__:303-867-2074 24112. __ INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 839389184 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF INSURANCE PERTAIN, POLICIES. LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR "TADDLSUBR TYPE OF INSURANCE ' INSR WVD POLICY EFF POLICY NUMBER IMM/DD/YYYYI POLICY EXP T IMM/DD/YYYYI LIMITS A GENERAL LIABILITY I x —I I COMMERCIAL GENERAL LIABILITY ', CWP5275599 6/20/2014 /20/2015 I ' EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISESSEa occurrence) $300,000 l' CLAIMS -MADE ' OCCUR MED EXP (Any one person) 510,000 _ PERSONAL 8 ACV INJURY 51,000 000 I GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS - COMP/OP AGG $2,000,000 1 POLICY JFCT I LOC $ A AUTOMOBILE LIABILITY CWP5275599 5/20/2014 0/20/2015 COMBINED SINGLE LIMIT' accident) 31.000,000 —1 X ANY AUTO _(Ea BODILY INJURY (Per person) 5 I ALL OAMED '' SCHEDULED BODILY INJURY ;Peracodent), $ AUTOS ' AUTOS _, NON -OWNED PROPERTY DAMAGE HIRED AUTOS '__, AUTOS accident) I _(Per $ A X UMBRELLA LIAB X OCCUR CWP5275599 5/20/2014 /20/2015 EACH OCCURRENCE $4,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $4,000,000 DED IX RETENTION $0 $ WORKERS COMPENSATION (NC3228986 6/1/2014 6/1/2015 I V,C STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ER E L EACH ACCIDENT ($1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' N/A - - (Mandatory in NH) E L DISEASE - EA EMPLOYEE $1,000,000 It yes describe under ' DESCRIPTION OF OPERATIONS below EL DISEASE- POLICY LIMIT $1,000,000 A Auto Phys Damage I CWP5275599 5/20/2014 5/20/2015 IComp/Col Deductible 51,000 each covera Equipment Floater I leased/Rented/Borowe $ 750,000 I Deduct $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate Holder and those listed below(if any) are Additional Insureds as respects General Liability and Umbrella Liability on a Primary and Non -Contributory basis, and Auto Liability only if required by written contract or agreement and coverage applies only as respects work performed by the Insured for the Additional Insureds. All coverage terms, conditions, and exclusions of the policy apply. The Worker's Compensation, General Liability, Auto Liability, and Umbrella Liability policies include a Waiver of Subrogation in favor of the Additional Insureds only if required by written contract or agreement. See Attached... CERTIFICATE HOLDER CANCELLATION Weld County 1111 H Street Greeley CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: AESTH-2 LOC #: AC RO O® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Olson & Olson Ltd NAMED INSURED Aesthetic Alternative Recycling LLC 2840 S Holly Place Denver CO 80222 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE All Projects. Additional Insured(s): Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents and volunteers ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MEMORANDUM TO: Jay McDonald, Public Works Director DATE: 9.7.2014 FROM: Joshua Holbrook, Public Works Department SUBJECT: 2014 Tree Removal, No. B1400157 Two bids were received and opened on August 28, 2014, for the 2014 Tree Removal contract. Bids were received from Oxford Recycling, Inc. and Aesthetic Alternative Recycling, LLC. Oxford Recycling was the low bid for the debris removal at the East Davis site and Aesthetic Alternative Recycling was the low bid for the debris removal at the Hokestra Gravel Pit site. Public Works also asked for a price per cubic yard to dispose and haul -off tree debris for emergency proposes and to account for any debris/material added to the East Davis or Hokestra Gravel Pit after August 10, 2014, pre bid meeting. Below is a table showing a cost summary of both job locations: Vendor East Davis Hokestra Gravel CY cost of Extra CY need at Vendor Total Site / LS Pit / LS„ Disposal Site Oxford Recycling $19,400.00 $11,370.00 $8.00 1,000 CY $27,400.00 Aesthetic Alternative Recycling $27,652.00 $8,348.00 $4.00 500 CY $10,348.00 The 2014 budget for this service is $40,000.00; therefore, it is our recommendation to award the project to Oxford Recycling, Inc, for a total amount of $27,400.00 for the East Davis location and Aesthetic Alternative Recycling, LLC for a total amount of $10,348.00 for the Hokestra Gravel Pit location. Work is expected to begin at the end September 2014 and take only a week for both sites to be completed. pc: Trevor Jiricek, Director of Environment Health and General Services Marcia Walters, Purchasing Department Rose Everett, Purchasing Department Don Dunker, County Engineer Elizabeth Relford, Public Works Transportation Planner Janet Lundquist, Public Works Traffic Engineer Mona Weidenkeller, Office Tech IV / Payable/Receivable 026/1/- c27O2/ E6to70 CO CD CO CO o ) / 2i)` § °q2# z o —o � \7o co D§0°7p cn 42 Dz w< EC OC E ooze& cuLn(()b WWE_ u_ o cc i- U)W CV5 \ o® }§ o cou-o 2 t m_k uw \§§ W) §�DtO �-.I- «�..s§a b0za-<0 thu-wm=-i w2 -e« AWXa6o (§±§SE 00§m±a <(0uj W ADZ cu W § MD 02q 111§ 2 § k< wm- O. LU >� ) N bq CD -I 0 wW0 �■o 0 _ k V) W -Wo COD 0_IS W O ■< 0 § > $8.00/CU YD $8.00/CU YD CD to $4.00/CU YD $4.00/CU YD q69 o CD k k 2 } zLu o o ≥ kkj UZ \el 000 <JO§ Xxo §220 0 ■ LunmtX O -J I->2> u-oo no2z 0aW aEtCV0 ** Bids are being reviewed at this time by dept** C- Hello