HomeMy WebLinkAbout20163393.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR FUEL TANK
INSTALLATION/KIOWA GRADER SHED AND AUTHORIZE CHAIR TO SIGN -
AGFINITY, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Professional Services Agreement for
Fuel Tank Installation/Kiowa Grader Shed between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department of
Buildings and Grounds, and Agfinity, Inc., commencing upon full execution and ending with further
terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Professional Services Agreement for Fuel Tank Installation/Kiowa
Grader Shed between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and
Agfinity, Inc., be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of November, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d..dthdoG: x•t1
Mike Freeman, Chair
Weld County Clerk to the Board
BY:0)40-0-e
Clerk to the Board
AP,E (7ounty - orney
Date of signature: 41 / 1g/1
Sean P. Conway, Pro-Te .-
�SI
Steve Moreno
GG'• 13C, C "1" S Cm)
Pc) CMW! Rq,)
t / a $/ i Co
2016-3393
BG0018
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & AGFINITY INC.
FUEL TANK INSTALLATION/ KIOWA GRADER SHED
THIS AGREEMENT is made and entered into this 17 day of OC,-6 p y. , 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 "0" Street, Greeley, Colorado
80631 hereinafter referred to as "County," and Agfinity Inc. whose address is 32461 WCR 39
Lucerne, CO., hereinafter referred to as "Contract Professional".
WHEREAS, County requires an independent contractor to perform the services required
by County and set forth in Exhibit A; and
WHEREAS, Contractor is willing to perform and has the specific ability to perform the
required Services at or below the cost set forth in Exhibit B:
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the equipment, materials and services
as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Introduction.
The terms of this Agreement are contained in the terms recited in this document and in
Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are
specifically incorporated herein by this reference. County and Contractor acknowledge and agree
that this Agreement, including specifically Exhibits A and B, define the performance obligations
of Contractor and Contractor's willingness and ability to meet those requirements.
Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No.
B1600154". The RFP contains all of the specific requirements of County.
Exhibit B consists of Contractor's Response to County's Request for Bid. The Response
confirms Contractor's obligations under this Agreement.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Project and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the Project described in the Exhibits which is attached
hereto and incorporated herein by reference. Contractor shall further be responsible for the timely
completion, and acknowledges that a failure to comply with the standards and requirements of
Exhibits A and B within the time limits prescribed by County may result in County's decision to
withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement
2016-3393
B6ODI�
by County, and shall continue through and until Contractor's completion of the responsibilities
described in Exhibits A&B. Both of the parties to this Agreement understand and agree that the
laws of the State of Colorado prohibit County from entering into Agreements which bind County
for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary
date of this Agreement, County shall notify Contractor if it wishes to renew this Contract.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty
(30) days written notice. Furthermore, this Agreement may be terminated at any time without
notice upon a material breach of the terms of the Agreement.
Upon termination, County shall take possession of all materials, equipment, tools and
facilities owned by County which Contractor is using, by whatever method it deems expedient;
and, Contractor shall deliver to County all drawings, drafts or other documents it has completed
or partially completed under this Agreement, together with all other items, materials and
documents which have been paid for by County, and these items, materials and documents shall
be the property of County.
Upon termination of this Agreement by County, Contractor shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any act incidental
thereto, except for compensation for work satisfactorily performed and/or materials described
herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by Contractor shall be
the basis for additional compensation unless and until Contractor has obtained written
authorization and acknowledgement by County for such additional services.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the
Project, and County's acceptance of the same, County agrees to pay an amount no greater than
$ 19,081.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess
of that amount will be made by County unless a "change order" authorizing such additional
payment has been specifically approved by Weld County, or by formal resolution of the Weld
County Board of County Commissioners, as required pursuant to the Weld County Code.
County will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to Contractor in respect
of any period after December 31 of any year, without an appropriation therefore by County in
accordance with a budget adopted by the Board of County Commissioners in compliance with
Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S.
29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20)
7. Independent Contractor. Contractor agrees that it is an independent Contractor and that
Contractor's officers, agents or employees will not become employees of County, nor entitled to
any employee benefits from County as a result of the execution of this Agreement. Contractor shall
perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible
for its acts and those of its agents and employees for all acts performed pursuant to this Agreement.
Contractor, its employees and agents are not entitled to unemployment insurance or workers'
compensation benefits through County and County shall not pay for or otherwise provide such
coverage for Contractor or any of its agents or employees.
8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter
into any subcontractor agreements for the completion of this Project without County's prior
written consent, which may be withheld in County's sole discretion.
9. Ownership. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of County.
10. Confidentiality. Confidential financial information of Contractor should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the
top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld
County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public
records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep
confidential all of County's confidential information. Contractor agrees not to sell, assign,
distribute, or disclose any such confidential information to any other person or entity without
seeking written permission from the County. Contractor agrees to advise its employees, agents,
and consultants, of the confidential and proprietary nature of this confidential information and of
the restrictions imposed by this agreement.
11. Warranty. Contractor warrants that the services performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions
of this Agreement. Contractor further represents and warrants that all services shall be performed
by qualified personnel in a professional and workmanlike manner, consistent with industry
standards, and that all services will conform to applicable specifications.
In addition to the foregoing warranties, Contractor is aware that all work performed on this Project
pursuant to this Agreement is subject to a one year warranty period during which Contractor must
correct any failures or deficiencies. This warranty shall commence on the date of County's final
inspection and acceptance of the Project.
12. Acceptance of Services Not a Waiver. In no event shall any action by County hereunder
constitute or be construed to be a waiver by County of any breach of this Agreement or default
which may then exist on the part of Contractor. Acceptance by the County of, or payment for, the
services completed under this Agreement shall not be construed as a waiver of any of the County's
rights under this Agreement or under the law generally.
13. Insurance and Indemnification.
General Requirements: Contractors/Contract Professionals must secure, at or before the
time of execution of any agreement or commencement of any work, the following
insurance covering all operations, goods or services provided pursuant to this request.
Contractors/Contract Professionals shall keep the required insurance coverage in force at all
times during the term of the Agreement, or any extension thereof, and during any warranty
period.
The insurance coverage's specified in this Agreement are the minimum requirements, and
these requirements do not decrease or limit the liability of Contractor/Contract
Professional. The County in no way warrants that the minimum limits contained herein are
sufficient to protect the Contractor from liabilities that might arise out of the performance of
the work under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The
The Contractor stipulates that it has met the insurance requirements identified herein. The
Contractor shall be responsible for the professional quality, technical accuracy, and quantity
of all services provided, the timely delivery of said services, and the coordination of all
services rendered by the Contractor and shall, without additional compensation, promptly
remedy and correct any errors, omissions, or other deficiencies.
INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its
officers, agents, and employees, from and against injury, loss damage, liability, suits,
actions, or claims of any type or character arising out of the work done in fulfillment of the
terms of this Contract or on account of any act, claim or amount arising or recovered under
workers' compensation law or arising out of the failure of the Contractor to conform to any
statutes, ordinances, regulation, law or court decree. The Contractor shall be fully
responsible and liable for any and all injuries or damage received or sustained by any
person, persons, or property on account of its performance under this Agreement or its
failure to comply with the provisions of the Agreement. This paragraph shall survive
expiration or termination hereof.
Types of Insurance: The Contractor/Contract Professional shall obtain, and maintain at
all times during the term of any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of the Contractor's employees acting within the course
and scope of their employment. Policy shall contain a waiver of subrogation against
the County. This requirement shall not apply when a Contractor or subcontractor is
exempt under Colorado Workers' Compensation Act., AND when such Contractor or
subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance with the minimum limits as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$1,000,000 Personal Advertising injury
$2,000,000 products & completed
operations aggregate;
Automobile Liability. Contractor/Contract Professional shall maintain limits of
$1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and
$1,000,000 for property damage applicable to all vehicles operating both on County
property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the
performance of this Contract.
Contractors/Contract Professionals shall secure and deliver to the County at or before
the time of execution of this Agreement, and shall keep in force at all times during the
term of the Agreement as the same may be extended as herein provided, a
commercial general liability insurance policy, including public liability and property
damage, in form and company acceptable to and approved by said Administrator,
covering all operations hereunder set forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contractor/Contract
Professional to provide a certificate of insurance, a policy, or other proof of insurance
as required by the County's Risk Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal
liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer
shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer
shall waive
subrogation rights
against County.
Subcontractors: All subcontractors, subcontractors, independent Contractors, sub -
vendors, suppliers or other entities providing goods or services required by this
Agreement shall be subject to all of the requirements herein and shall procure and
maintain the same coverage's required of Contractor/Contract Professional.
Contractor/Contract Professional shall include all such subcontractors, independent
Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall
ensure that all subcontractors maintain the required coverages. Contractor/Contract
Professional agrees to provide proof of insurance for all such subcontractors,
independent Contractors, sub -vendors suppliers or other entities upon request by the
County.
14. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein
or claim thereunder, without the prior written approval of County. Any attempts by Contractor to
assign or transfer its rights hereunder without such prior approval by County shall, at the option of
County, automatically terminate this Agreement and all rights of Contractor hereunder. Such
consent may be granted or denied at the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that an
duly authorized representative of County, including the County Auditor, shall have access to and
the right to examine and audit any books, documents, papers and records of Contractor,
involving all matters and/or transactions related to this Agreement. The Contractor agrees to
maintain these documents for three years from the date of the last payment received.
16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts of
God, fires, strikes, war, flood, earthquakes or Governmental actions.
17. Notices. County may designate, prior to commencement of work, its project representative
("County Representative") who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to County Representative. The
County Representative for purposes of this Agreement is hereby identified as, Toby Taylor. All
notices or other communications (including annual maintenance made by one party to the other
concerning the terms and conditions of this contract shall be deemed delivered under the following
circumstances:
(a) personal service by a reputable courier service requiring signature for receipt; or
(b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
(c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
(d) transmission via facsimile, at the number set forth below, where a receipt or
acknowledgment is required by the sending party.
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contractor: Agfmity Inc.
Attn.: Robert Purcell, Refined Fuels Service Manager
Address: 32461 WCR 39
Address: Lucerne, CO
E-mail: bpurcell@agfinityinc.com
Telephone: (303) 210-9531
County:
Name: Toby Taylor
Position: Director of Buildings and Grounds
Address: 1105 H Street
Address: Greeley, CO 80632
E-mail: ttaylor(a),eo.weld.co.us
Facsimile: 970-304-6532
18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State
laws, rules and regulations in effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use
other Contractors or persons to perform services of the same or similar nature.
20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
21. Fund Availability. Financial obligations of the County payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Execution of this Agreement by County does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-
50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement.
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
24. Governmental Immunity. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in this Agreement.
It is the express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental beneficiary only.
26. Board of County Commissioners of Weld County Approval. This Agreement shall not
be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Contractor
agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees
that it does not knowingly employ or contract with an illegal alien who will perform work under
this contract. Contractor will confirm the employment eligibility of all employees who are newly
hired for employment in the United States to perform work under this Agreement, through
participation in the E -Verify program or the State of Colorado program established pursuant to
C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien
to perform work under this Agreement or enter into a contract with a subcontractor that fails to
certify with Contractor that the subcontractor shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or
State of Colorado program procedures to undertake pre -employment screening or job applicants
while this Agreement is being performed. If Contractor obtains actual knowledge that a
subcontractor performing work under the public contract for services knowingly employs or
contracts with an illegal alien Contractor shall notify the subcontractor and County within three
(3) days that Contractor has actual knowledge that a subcontractor is employing or contracting
with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing
or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not
terminate the contract if within three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to
C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor
participates in the State of Colorado program, Contractor shall, within twenty days after hiring an
new employee to perform work under the contract, affirm that Contractor has examined the legal
work status of such employee, retained file copies of the documents, and not altered or falsified
the identification documents for such employees. Contractor shall deliver to County, a written
notarized affirmation that it has examined the legal work status of such employee, and shall comply
with all of the other requirements of the State of Colorado program. If Contractor fails to comply
with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate
this Agreement for breach, and if so terminated, Contractor shall be liable for actual and
consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state 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.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,
with the attached Exhibits A and B, is the complete and exclusive statement of agreement between
the parties and supersedes all proposals or prior agreements, oral or written, and any other
communications between the parties relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this
dc,n\ziex- , 201.
CONTRACTOR:
Agfinity, Inc.
By:
Name: 2 h PU ACc, ) L
Title: SCevi4_/V <Actc -
Date /6 - / 7 - /
17
day of
WELD CO� /%) v• ��
ATTEST: �
Weld Tmy Clerk to the Board
BY:
Deputy C ; rk to the B
APPROVED AS Ti FUN
04aAigeti.
Controller
PROVE
County Attorney
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ike Freeman, Chair NOV 0 2 2016
PROVED AS TO SUBSTANCE:
Electeicia�Department Head
���•(�� C
Director of General services
ExtablY A
REQUEST FOR BID
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
DATE: September 15, 2016
BID NUMBER: #B1600154
DESCRIPTION: KIOWA GRADER SHED FUEL TANK & INSTALLATION
DEPARTMENT: BUILDINGS AND GROUNDS DEPT
MANDATORY PRE -BID CONFERENCE DATE: 9/27/16 @ 9:00 AM
BID OPENING DATE: 10/12/16 @ 10:00 AM
1. NOTICE TO BIDDERS:
The Board of County Commissioners of Weld County, Colorado, by and through its Director of
General Services (collectively referred to herein as, "Weld County"), wishes to purchase the
following: KIOWA GRADER SHED FUEL TANK & INSTALLATION.
A pre -bid conference will be held at 9:00 a.m. on September 27, 2016 at the Weld County Buildings
& Grounds Dept located at 1105 H Street, Greeley CO 80631. The meeting is not mandatory but
recommended.
Bids will be received at the Office of the Weld County Purchasing Department in the Weld County
Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: October12, 2016O10:00am (Weld
County Purchasing Time Clock).
PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST
NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY
BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8.
2. INVITATION TO BID:
Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said
merchandise and/or equipment shall be delivered to the location(s) specified herein
Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and
discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay
if awarded the bid.
You can find bid _ information on the Weld County Purchasing website at
http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids.
Weld County Government is a member of the Rocky Mountain E -Purchasing System. The Rocky
Mountain E -Purchasing System (BidNet®) is an on-line notification system that is being utilized by
multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and
awards on this one centralized system.
Bid Delivery to Weld County — 3 methods:
1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weIdgov.com.
Emailed bids must include the following statement on the email: "I hereby waive my right to a
sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than
one copy of the bid is requested, you must submit/mail hard copies of the bid proposal.
2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must
include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If
more than one copy of the bid is requested, you must submit/mail hard copies of the bid
proposal.
3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope
with the bid title and bid number on it. Please address to: Weld County Purchasing Department,
1150 O Street, Room #107 Greeley, CO 80631.
Please call Purchasing at 970-336-7225 if you have any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department.
Each bid must give the full business address of bidder and be signed by him with his usual signature.
Bids by partnerships must furnish the full names of all partners and must be signed with the partnership
name by one of the members of the partnership or by an authorized representative, followed by the
signature and title of the person signing. Bids by corporations must be signed with the legal name of
the corporation, followed by the name of the state of the incorporation and by the signature and title of
the president, secretary, or other person authorized to bind it in the matter. The name of each person
signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature
the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to
be the bid of the individual signing. When requested by the Weld County Director of General Services,
satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished.
A power of attorney must accompany the signature of anyone not otherwise authorized to bind the
Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall
agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as
stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces
in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are
included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out
completely, in detail, and signed by the Bidder.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to
ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated
in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept
unopened in a secure place. No responsibility will attach to the Weld County Director of General
Services for the premature opening of a bid not properly addressed and identified. Bids may be
withdrawn upon written request to and approval of the Weld County Director of General Services; said
request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the
part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been
awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained
herein, failure to do so will be at the bidders' risk.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give
preference to resident Weld County bidders in all cases where said bids are competitive in price and
quality. It is also understood that Weld County will give preference to suppliers from the State of
Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any
books, stationery, records, printing, lithographing or other supplies for any officer of Weld County).
Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award
the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County
Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one
vendor.
In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the
Request for Proposal contained herein (including, but not limited to the product specifications and
scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the
Board of County Commissioners, together constitutes a contract, with the contract date being the date
of signature by the Chair of the Board of County Commissioners.
BID REQUEST #B1600154 Page 2
4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS
Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract. Successful bidder will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform work
under this Agreement, through participation in the E -Verify program or the State of Colorado program
established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into a contract with a
subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall
not use E -Verify Program or State of Colorado program procedures to undertake pre -employment
screening or job applicants while this Agreement is being performed. If Successful bidder obtains
actual knowledge that a subcontractor performing work under the public contract for services knowingly
employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County
within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3) days of receiving notice. Successful
bidder shall not terminate the contract if within three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an illegal
alien. Successful bidder shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment.
If Successful bidder participates in the State of Colorado program, Successful bidder shall, within
twenty days after hiring a new employee to perform work under the contract, affirm that Successful
bidder has examined the legal work status of such employee, retained file copies of the documents, and
not altered or falsified the identification documents for such employees. Successful bidder shall deliver
to County, a written notarized affirmation that it has examined the legal work status of such employee,
and shall comply with all of the other requirements of the State of Colorado program. If Successful
bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County,
may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for
actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Successful bidder receives federal or state funds under the contract, Successful bidder must confirm
that any individual natural person eighteen (18) years of age or older is lawfully present in the United
States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under
the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under
penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the
United States pursuant to federal law, (b) shall produce one of the forms of identification required by
C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by
C.R.S. § 24-76.5-103 prior to the effective date of the contract.
5. GENERAL PROVISIONS
A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. By acceptance of the bid, Weld County does not warrant that funds will be available to
fund the contract beyond the current fiscal year.
B. Confidential Information: Confidential financial information of the bidder should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the
top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity,
Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public
records, and cannot guarantee the confidentiality of all documents.
C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or
hereafter amended.
BID REQUEST #61600154 Page 3
D. Independent Contractor: The successful bidder shall perform its duties hereunder as an
independent contractor and not as an employee. He or she shall be solely responsible for its acts
and those of its agents and employees for all acts performed pursuant to the contract. Neither the
successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee
of Weld County. The successful bidder and its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through Weld County and Weld
County shall not pay for or otherwise provide such coverage for the successful bidder or any of its
agents or employees. Unemployment insurance benefits will be available to the successful bidder
and its employees and agents only if such coverage is made available by the successful bidder or
a third party. The successful bidder shall pay when due all applicable employment taxes and
income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful
bidder shall not have authorization, express or implied, to bind Weld County to any agreement,
liability or understanding, except as expressly set forth in the contract. The successful bidder shall
have the following responsibilities with regard to workers' compensation and unemployment
compensation insurance matters: (a) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, and (b) provide proof
thereof when requested to do so by Weld County.
E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and
state laws, rules and regulations in effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of the contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be
null and void.
G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of the contract, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall
give or allow any claim or right of action whatsoever by any other person not included in the
contract. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under the contract shall be an incidental
beneficiary only.
H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful
bidder, concerning the contract, the parties agree that Weld County shall not be liable to or
responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the
successful bidder.
I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business
enterprises will be afforded full opportunity to submit bids in response to all invitations and will not
be discriminated against on the grounds of race, color, national origin, sex, age, or disability in
consideration for an award.
J. Procurement and Performance: The successful bidder agrees to procure the materials,
equipment and/or products necessary for the project and agrees to diligently provide all services,
labor, personnel and materials necessary to perform and complete the project. The successful
bidder shall further be responsible for the timely completion, and acknowledges that a failure to
comply with the standards and requirements outlined in the Bid within the time limits prescribed by
County may result in County's decision to withhold payment or to terminate this Agreement.
K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by
County, and shall continue through and until successful bidder's completion of the responsibilities
described in the Bid.
BID REQUEST #B1600154 Page 4
L. Termination: County has the right to terminate this Agreement, with or without cause on thirty
(30) days written notice. Furthermore, this Agreement may be terminated at any time without
notice upon a material breach of the terms of the Agreement.
M. Extension or Modification: Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by the successful bidder
shall be the basis for additional compensation unless and until the successful bidder has obtained
written authorization and acknowledgement by County for such additional services. Accordingly,
no claim that the County has been unjustly enriched by any additional services, whether or not
there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation
payable hereunder.
N. Subcontractors: The successful bidder acknowledges that County has entered into this
Agreement in reliance upon the particular reputation and expertise of the successful bidder. The
successful bidder shall not enter into any subcontractor agreements for the completion of this
Project without County's prior written consent, which may be withheld in County's sole discretion.
County shall have the right in its reasonable discretion to approve all personnel assigned to the
subject Project during the performance of this Agreement and no personnel to whom County has
an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder
shall require each subcontractor, as approved by County and to the extent of the Services to be
performed by the subcontractor, to be bound to the successful bidder by the terms of this
Agreement, and to assume toward the successful bidder all the obligations and responsibilities
which the successful bidder, by this Agreement, assumes toward County. County shall have the
right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor
hired by the successful bidder and the successful bidder shall cooperate in such process. The
successful bidder shall be responsible for the acts and omissions of its agents, employees and
subcontractors.
O. Warranty: The successful bidder warrants that services performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions of
this Agreement. The successful bidder further represents and warrants that all services shall be
performed by qualified personnel in a professional and workmanlike manner, consistent with industry
standards, and that all services will conform to applicable specifications. In addition to the foregoing
warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement
is subject to a one year warranty period during which Contractor must correct any failures or
deficiencies caused by contractor's workmanship or performance.
The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free
from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and
conform to the minimum specifications herein. The successful bidder shall warrant that he has title
to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security
interests.
Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage,
travel time, and service trucks used in the servicing (including repairs) of any of the goods to be
purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are
necessary for the first one (1) year period after said goods are first supplied to Weld County.
Bidder shall submit with their bids the following information pertaining to the equipment upon which
the bids are submitted:
1. Detailed equipment specifications to include the warranty.
2. Descriptive literature.
BID REQUEST #B1600154 Page 5
P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by the
successful bidder to assign or transfer its rights hereunder without such prior approval by County
shall, at the option of County, automatically terminate this Agreement and all rights of the successful
bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of
County.
Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is
due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes,
war, flood, earthquakes or Governmental actions.
R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other
contractors or persons to perform services of the same or similar nature.
S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement agree that to their knowledge, no employee of Weld County has
any personal or beneficial interest whatsoever in the service or property which is the subject matter
of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that
would in any manner or degree interfere with the performance of the successful bidder's services
and the successful bidder shall not employ any person having such known interests. During the term
of this Agreement, the successful bidder shall not engage in any in any business or personal
activities or practices or maintain any relationships which actually conflicts with or in any way appear
to conflict with the full performance of its obligations under this Agreement. Failure by the successful
bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate
termination of this Agreement. No employee of the successful bidder nor any member of the
successful bidder's family shall serve on a County Board, committee or hold any such position which
either by rule, practice or action nominates, recommends, supervises the successful bidder's
operations, or authorizes funding to the successful bidder.
T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of execution within the
original intent of the parties.
U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in the contract or incorporated herein by
reference shall be null and void.
V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
W. Compensation Amount: Upon the successful bidder's successful completion of the service, and
County's acceptance of the same, County agrees to pay an amount no greater than the amount of
the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be
made by County unless a "change order" authorizing such additional payment has been specifically
approved by the County's delegated employee, or by formal resolution of the Weld County Board of
County Commissioners, as required pursuant to the Weld County Code.
X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and
the successful bidder agrees to be solely responsible for the accurate reporting and payment of any
taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be
entitled to bill at overtime and/or double time rates for work done outside of normal business hours
unless specifically authorized in writing by County.
BID REQUEST #B1600154 Page 6
6. INSURANCE REQUIREMENTS
General Requirements: Successful bidders must secure, at or before the time of execution of any
agreement or commencement of any work, the following insurance covering all operations, goods or
services provided pursuant to this request. Successful bidders shall keep the required insurance
coverage in force at all times during the term of the Agreement, or any extension thereof, and during any
warranty period. The required insurance shall be underwritten by an insurer licensed to do business in
Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid
provision or endorsement stating "Should any of the above -described policies by canceled or should any
coverage be reduced before the expiration date thereof, the issuing company shall send written notice to
the Weld County Director of General Services by certified mail, return receipt requested. Such written
notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of
premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or
self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be
responsible for the payment of any deductible or self -insured retention. County reserves the right to
require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or
self -insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants
that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities
that might arise out of the performance of the work under this Contract by the Successful bidder, its
agents, representatives, employees, or subcontractors. The successful bidder shall assess its own
risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The
successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract
by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The
successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that
it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to
these requirements must be made in writing by Weld County.
The successful bidder stipulates that it has met the insurance requirements identified herein. The
successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of
all materials and services provided, the timely delivery of said services, and the coordination of all
services rendered by the successful bidder and shall, without additional compensation, promptly
remedy and correct any errors, omissions, or other deficiencies.
INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any
type or character arising out of the work done in fulfillment of the terms of this Contract or on account of
any act, claim or amount arising or recovered under workers' compensation law or arising out of the
failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree.
The successful bidder shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this Agreement or
its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect
of The successful bidder in its methods or procedures; or in its provisions of the materials required
herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or
other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It
is agreed that the successful bidder will be responsible for primary loss investigation, defense and
judgment costs where this contract of indemnity applies. In consideration of the award of this contract,
the successful bidder agrees to waive all rights of subrogation against the County its associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers for losses arising from the work performed by the successful bidder for the County. A failure
to comply with this provision shall result in County's right to immediately terminate this Agreement.
Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any
Agreement, insurance in the following kinds and amounts:
BID REQUEST #B1600154 Page 7
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the successful bidder's employees acting within the course and scope of their
employment. Policy shall contain a waiver of subrogation against the County. This requirement shall
not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation
Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver
form.
Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an
insured contract, and defense costs, with the minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person,
$1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all
vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned
vehicles used in the performance of this Contract.
Successful bidders shall secure and deliver to the County at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of the Agreement as the same may
be extended as herein provided, a commercial general liability insurance policy, including public liability
and property damage, in form and company acceptable to and approved by said Administrator, covering
all operations hereunder set forth in the Request for Bid.
Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of
insurance, a policy, or other proof of insurance as required by the County's Risk Administrator
in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor
liability, and inland marine, Successful bidder's insurer shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation
rights against County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers
or other entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of Successful
bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -
vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors
maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such
subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by
the County.
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the
Response to the Bid each of which forms an integral part of this Agreement. Those documents are
specifically incorporated herein by this reference.
BID REQUEST #B1600154 Page 8
SPECIFICATIONS:
This bid is for installation of a new fuel tank at the Kiowa Grader Shed. The new Kiowa Grader Shed is be
located at 42649 Highway 52, Roggen, CO 80652.
The installation of the new fuel tank will include the following:
1. Provide and install one 1,000 gallon UL2085 aboveground Fireguard tank
2. Provide concrete pad for tank.
3. Furnish a crane to offload and set the tank.
4. Provide and install the proper tank top equipment and pump.
5. Onsite electrician to wire 120 VAC to pump.
6. Startup and testing of system included in proposal
7. Provide all coordination, registration forms, and permits with State OPS and Weld County
PRICING:
TOTAL $ _
START DATE _
FINISH DATE
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the
request for proposal for Request No. #B1600154.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal
sheets.
4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but
not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld
County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract,
with the contract date being the date of signature by the Chair of the Board of County Commissioners.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept
the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The
bid(s) may be awarded to more than one vendor.
FIRM
BUSINESS
ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE NO FAX TAX ID #
PRINTED NAME AND TITLE
SIGNATURE
E-MAIL
DATE
**THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8.
BID REQUEST #B1600154 Page 9
Below are the answers to questions that occurred for the Kiowa Grader Shed Fuel Tank & Installation
(B1600154).
1. Question: Who is responsible for the fuel tank electrical installation and equipment, the fuel
tank installer or building contractor?
ANSWER: As discussed during the pre -bid, the electrician doing construction on the building is
responsible to get the power wiring to the fuel tank. The tank contractor is responsible to
provide all the necessary terminations and final wiring of the new tank.
2. Question: Who is responsible for installation of EPO (Emergency Power Off) as it is noted that
we (Installer) are to "provide" an EPO switch but again does not clarify who is responsible for
installation of said switch?
ANSWER: As discussed during the pre -bid, the electrician doing construction on the building is
responsible to get the power wiring to the fuel tank. The tank contractor is responsible to
provide all the necessary terminations and final wiring of the new tank. This includes providing
the EPO switch and full installation
3. Question: Will an SPCC plan be required by the fuel tank installer, will it be required due to total
aggregate of product stored on -site?
ANSWER: An SPCC plan will be updated by the Public Works department.
4. Question: When it says to "provide all coordination, registration forms, and permits with State
OPS and Weld County" does this mean that Weld County to pay for permits and bidder to assist
with completing applications for submittal?
ANSWER: Yes.
5. Question: Please clarify that Weld County will be providing and installing any required fencing
around this facility.
ANSWER: Fencing for this projects is not part of the tank installation bid. Fence is currently
installed on site and repairs will be made as necessary through a County maintenance approach.
Ill
Project No./Code 1
C
Sheet Number 2 of 5
RD LENGTH
7 65
W
6O
��
<
W<z
J ,1
ou0
s
_¢¢WOW
U
t
t'ca��
?2,;11,S5
HORD BEARING
W
It
W
7
W
Off)
n
6
s
u
i
-'L
U
aW
O2W
-'Z
a0g
eIL
m +
KIOWA GRADER SHED
SITE PLAN
Sheet Subset
LINE TABLE
DISTANCE
CURVE TABLE
U
o
O
a
N
r.
O)
m
e•
0
N
`g.
0
8
0
m
DELTA ANGLE
pO
-
Y
pO
S
C
C
y
O LL
C
BEARING
w
.n
N
w
v)
NP
Eu
'0
R
w
0
M
w
M
r
3
a
M
3
v)
N
3
a
N
•O
3
ill
0
0
Designer, C. WRIGHT
Detailer: C. WRIGHT
Sheet Subset:
03n
Z
Y
Z
CD
Z
O
t/)
0
z
z
cTp
V7
EO
in
RADIUS
op
O
O
o
0
LINE 1J
L2
L3
L4
L5
L7
O
O
'
O
O
J
(O
J
CO
-I
-
-
O
r
t
ARC LENGT
7.85
7.85
T
CO
O
N.
r
0
O
g2 .i.
wh
SnLL
CURVE #
U
U
U
v; o
atin
W 2 W
As Constructed
n
C
0
d
X
o
Z
i
S
z
o
>
Z W
Q
—X I( —1( 77
( _K —3( —,—X —.X —X
v
v re
M. n --OM-E. 0%N- 0 -E % E
0/N —E 0/N —E
E0G
Cy
w 9l
t
U'
0 J
E0G - E0G
WELD COUNTY
PUBLIC WORKS DEPARTMENT
1111 H. STREET
P.O. BOX 758
noon CV 1r. oman.nero
v.) \
w in
Nz I
Q
v
O W r-
O 1 Y \ Ovz I"
HW ` =� 8°�m
v a.
U 11l = {� neti
.CO
N = I
J.f 5 W to W J W r
W 0' w I
2 W r,4
Ny
cc
O
OZ2 O NM
I
W is n
J 2 W
W W O I °
F J 11`1
f0)
I
L.; '°o
fo
S
I
^
i 4`,
JJ
G
I
C
co co ..
��
N 0
WZt
rn
Q
S
I
W2W
CONCRETE F
CONCRETE
NI =272 358417.8'
E=350.477.Si
_v
66.00'
CONCRETE
Ne272.588.85
E=350,41783
ROVIDE BOLLARDS FOR
JTECTION OF PROPANE
ND DIESEL TANKS (TYP)
r)
m$ 2� mi
co = to — (QJ
b y W C m
-N W
/
Index of Revisions
c.,
�_p
t
((��N
J p u ° Z 2� Z.;
WZW OZ W jnp
V
DE BOLLARDS FOI
T10N OF ELECTRII
POLE AND METE:
t
21
W
to
0
��
n
E
y
c
E
U
el p
o
n �(yyn0
�h� ' Ovn
s
--
d QO.
p
a LE
(7W
t L W
; W
y W C4 0
Z W e'
w Z W
NVS
W" 2
W n n
_,
S NYS NYS NVS
CONCHE 7
N=272.594.4
E=350.397.'.
CONCRET
N=272588A
E=350.397.0
EOG
N=272.594.11 V.6
E=3S0 38/.56
11
�Y
5
ex
o
_ _
rr�� 4J
t�ol Q J w O.
�N V _ Q w
n u J CL
Z W C W J /0. g coR�
re O V
4
0�}
u
Wa t�yqi
aIC~; JN ry'� WN
VVV VT
U J E LL 2 W
v
UJ
W
"I
0 W a.
0^ awl
J n 8 to>
llll ON W
N 2LL) OJQ a
uj
9inm a~ LL_
(n al
ry n W Z
2 W O 0 J
I Computer File Information
eauor Date. 6124/2016 Initials CLW
Last Modified Date 6/24/2016 Initials CLW
n
1
a
m
1
w
a
W
2
g
s
S
Draeng F le Name KIOWA-SITE PLAN .DWG
AJ.CCAD Verson 2016 Seale AS NOTED Unts. Engbsh
75.00'
6-
f
1
C2$
1 r
L 3-97-1
�g
N(7
2W
I
(�a.
p
W
Dmd
J m(y
n.
^t Es
h r
le n
2W
�z �
EX -r 1-
SPECIFICATIONS:
This bid is for installation of a new fuel tank at the Kiowa Grader Shed. The new Kiowa Grader Shed is be
located at 42649 Highway 52, Roggen, CO 80652.
The installation of the new fuel tank will include the following:
1. Provide and install one 1,000 gallon UL2085 aboveground Fireguard tank
2. Provide concrete pad for tank.
3. Furnish a crane to offload and set the tank.
4. Provide and install the proper tank top equipment and pump.
5. Onsite electrician to wire 120 VAC to pump.
6. Startup and testing of system included in proposal
7. Provide all coordination, registration forms, and permits with State OPS and Weld County
PRICING:
TOTAL
START DATE
FINISH DATE
$ Ic,,C).CC
0-i (`
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the
request for proposal for Request No. #B1600154.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal
sheets.
4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but
not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld
County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract,
with the contract date being the date of signature by the Chair of the Board of County Commissioners.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept
the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The
bid(s) may be awarded to more than one vendor.
FIRM
A a
BUSINESS
ADDRESS Li I
CITY, STATE, ZIP CODE L'<;
TELEPHONE NO _ (7_
PRINTED NAME AND TITLE
SIGNATURE
E-MAIL
DATE /0 _/ /(,
**THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 — 8.
FAX �G
LL
TAX ID #'�t
/Y/G,Ict .
BID REQUEST #B1600154
Page 9
Marcia Walters
From:
Sent:
To:
Subject:
Attachments:
Bob Purcell <bpurcell@Agfinityinc.com>
Monday, October 10, 2016 3:37 PM
bids
Reference: B1600154
Bid B1600154 total price.pdf
Thank you for the opportunity to bid the project. Here are the prices you requested.
Statement: I hereby waive my rights to a sealed bid.
Sincerely,
Bob Purcell
Refined Fuels Service Manager
Cell: (303)-210-9531
AC.. -C CE CERTIFICATE OF LIABILITY INSURANCE
6..../
DATE(MWDD/YYYY)
10/18/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
HOLDER. THIS
BY THE POLICIES
AUTHORIZED
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
Agri -Business Insurance Services
4200 University Ave., Suite 200
West Des Moines IA 50266-5945
CONTACT
NAME: Jordanne Oleson
PHONE
(A/C. No. Ex0.515 453-9366 I FAX
i INC No):515-244-9535
E-MAIL
ADDNEsslordanne.oleson@abisonline.com
INSURERS) AFFORDING COVERAGE
NAIL N
INSURER A :Berkley Insurance Company
32603
40045
INSURED AGFIINC-01
Agfinity, Inc.
260 Factory Road
Eaton CO 80615
rnvcown_e. ..............-.. ....--__
INSURER B Starnet Insurance Company
INSURER C :Berkley National Insurance Company
38911
INSURER D :
INSURER E :
INSURER F :
IVIVI\ IWITIOGn.
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
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
XCP9005120
7/1/2016
7/1/2017
EACH OCCURRENCE
$1,000,000
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$100,000
CLAIMS -MADE
X OCCUR
MED EXP (Any one person)
$5,000
X
PD Dad: $10,000
PERSONAL&ADV INJURY
$1,000,000
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
) 1 POLICY JET LOC
PRODUCTS - COMP/OP AGG
$2,000,000
A
AUTOMOBILE
X
X
-_
LIABILITY
ANY AUTO
ALL OWNED _
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS
XCP9O05120
7/1/2016
7/1/2017
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
$
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
B
X
UMBRELLA LIAB
EXCESS LIAB
_
OCCUR
CLAIMS -MADE
XUM9005122
7/1/2016
7/1/2017
EACH OCCURRENCE
$10,000,000
AGGREGATE
$10,000,000
DED X RETENTON$0
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y I N
N / A
XWC9005121
7/1/2016
7/1/2017
X ( INC STATU- OTH-
TORY UMIIS_ ER
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE - EA EMPLOYEE
$1,000,000
E.L. DISEASE -POLICY LIMIT
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required)
r CDTICIrATC Ur,. nrn _ _ _ _ _
ION
Weld County Government
1150 O St.
Greeley CO 80631
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2010/05)
O1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Hello