The URL can be used to link to this page

Browse Search

Home My WebLink About20160503.tiff DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 tAt C 0 N WEBSITE:www.co.weld.co.us t 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 June 2, 2016 To: Board of County Commissioners From:Toby Taylor Subject: Court Information Center Remodel Change Order Vertix Builders is the contractor performing the remodel of the Courts Information Center. There was an owner requested change order to delete Phase 2 of the project. To capture the value engineered savings, a change order is warranted. The change order will result in a credit of$31,937.00. Buildings&Grounds is recommending approval. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director CC: 13a.( sue) /3- L� ob it Change Order Request k COR Number: 001 Date: 5/9/2016 Project Number: 16006 To: Project: Weld County Weld County-Information Center Remodel 915 10th Street 915 10th Street Greeley CO 80631 Greeley CO 80302 Description of Change: Weld County would like to delete the entire Phase 2 and Southeast Vestibule of Phase 1. The following costs are associated with this scope of work. Proposed Amount of this Change Request (31,937.00) This cost is not included in our GMP.The cost will be deducted from the Contingency line item. V" This cost is not included in our GMP. We will issue a Change Order increasing/decreasing the GMP. Accepted By: Vertix Builders.Inc Board of County Commissioners Owner Company 14,1 By(Signet'use) By(Signature) Brady McQuinn Span P. Conway. Pro—Tem Printed Name Printed Name May 9th,2016 'JUN 1 3 2016 Date Date Page 1 cp D.-13 Change Order Request { COR Number: 001 E Date: 5/9/2016 Project Number: 16006 To: Weld County IPooject: Weld County- Information Center Remodel I Item Description Quantity UOM Unit Price Extended Price' 01-31-12 Project Manager 792.00- 01-31-17 Assistant Superintendent 2,200.00- 01-31-14 Project Coordinator 360.00- Execution Total: 3,352.00- 05-12-21 Structural Steel-Structural Steel 1,465.00- Structural Steel Total: 1,465.00- 06-11-13 Heavy Timber-Wood Framing 1,000.00- Rough Carpentry Total: 1,000.00- 07-42-12 Standing Seam and V-Groove Metal Panels-Metal Wall 8,855.00- Panels Joint Sealants Total: 8,855.00- 08-41-12 Storefront and Glazing Systems-Storefront Systems 8,665.00- Entrances and Storefront Total: 8,665.00- 09-21-11 Drywall and Framing-Drywall Assemblies 7,800.00- Wall Coverings Total: 7,800.00- 23-07-11 Mechanical-HVAC Systems 200.00- HVAC Systems Total: 200.00- 26-12-11 Electrical-Electrical Systems 600.00- Electrical Systems Total: 600.00- Change Order Total: 31,937.00- Page 2 f °1 C -6.°�6=I 0 01 C g8.0 ‘05 a o r C A N C ., . ..,.. i C T O2� k ° s ...... fO fQ , ,ai z W .,. Z Ill ZI44° P :° S u'�i V) oil 'i8. a 4=E z' �Q yr�� PX .... N 2 Q T. o s� c7 .�[d. �. O = N a.-1.= co 56 m app v7 A J MVICL .-f Oa p E N E IFU mvZ.0 z' E 8 °'' n '1 rJ — -- a�i 2 € E do 5 �'r° ,, o ii; I W o =,,____&,„ 2..). Q O. •� .Q c 812 E.g n o N 0 o °3'b c 1 . 3 .O 0 w_$ a � 2 m - y m U p ((p� y n I 1-� o o o Q rn o $ o Z a' i rn v N of CJva 6t1 `u n t in r-1 v H E PI in in M M O' '.. 44 Q. t O ) o O I E 044 a`Lai cc i.J e f 1'°1 = U. C C C ax ai of c 5i s w P 0 = O d C } O vi E -61 in N v# }; O. d O ro m c" m r5 �', rn ¢ E 1- CV1O CU1� get°u u = ro = O at(15 rnC7 0 -� V 1.4 0 F rtA a d } RE: CHANGE ORDER FOR COURT INFORMATION REMODEL (BID #B1600025) -VERTIX BUILDERS APPROVE AS TO SUBSTANCE: Elec d Official orrDepartmnt Head ill ,� Director of General Services APVED S T F ING: Controller APPROVED AS TO FORM: I ounty Attorney WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & VERTIX BUILDERS, INC. COURTS INFORMATION CENTER REMODEL THIS AGREEMENT is made and entered into this 8th day of March , 2016, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Vertix Builders, Inc. who whose address is 3762 Puritan Way Unit 1, Frederick, CO 80516„ hereinafter referred to as "Contractor". WHEREAS,Weld County is in need of remodeling the Courts Information Center(hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the remodel, and WHEREAS, County requires an independent contract construction professional to perform the construction services required by County and set forth in Exhibits A and B 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 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. B1600025". The RFP contains 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 Buildings and Grounds 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 by highly competent Contractors performing construction services of a similar nature to o;rvaemj ag-cn,k, �J (-r-r)1 &f 'tw/ ) o?aG- 05-03 ,3-110- aA/to 7��(P a6 ovt 8 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. In its sole discretion, the County, by the Director of the Department of Buildings and Grounds or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 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 and B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty(30)days preceding the anniversary date of this Agreement, County shall notify 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. 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 $163,899.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in excess 4 4 of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Buildings and Grounds, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by 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. 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. 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. 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 caused by contractor's workmanship or performance. 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 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, 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 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 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. 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 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) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 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, and liability assumed under an insured contract. 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 $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. 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 any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, and all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Buildings and Grounds, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Vertix Builders, Inc. Attn.: President, Ryan Bonner Address: 3762 Puritan Way, Unit 1 Address: Frederick, CO 80516 E-mail: rbonner@vertixbuilders.com Facsimile: With copy to: Name: Brady McQuinn Position: Project Manager Address: 3762 Puritan Way, Unit 1 Address:Frederick, CO 80516 E-mail: bmcquinn@vertixbuilders.com Facsimile: County: Name: Toby Taylor Position: Director of Weld County Buildings and Grounds Address: 1105 H Street, Greeley, CO 80632 Address: E-mail: ttaylor@weldgov.com 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 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 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 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 a 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. 29. 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. 30. 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 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. -r*IN WITNESS WHEREOF, the parties hereto have signed this Agreement this /c, day of L.2/)..:_e � , 2016. CONTRACTOR: Vertix Builders, In . -.W' e Date March 8th, 2016 Name: Ted L zlo Title: Vice P ident WELD TOU6: I - '� ATTEST: <</¢ BOARD OF COUNTY COMMISSIONERS Weld n y Cler t t e Board WELD COUNTY, COLORADO BY: , niouguli____ Deputy rk to the Bo Mike Freeman, Chair I MAR 162016 APPROVED AS O F NDIN i IE lida APPROVED AS TO SUBSTANCE:--Oadaa 442 1 g---, Controller ' .� ;; �-cted Official or Department Head APP ED A O FO : 1 ��; , c"- tit) I t . ...,.:f„I► Director of Gen I Services .r:r�r•,rr� County Attorney 0, /// ,J OVvV EX IBIT REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET =1861''` GREELEY, CO 80631 r' t"Th\ DATE: JANUARY 5, 2016 BID NUMBER: #B1600025 DESCRIPTION: COURTS INFORMATION CENTER REMODEL MANDATORY PRE-BID CONFERENCE DATE: JANUARY 18, 2016 AT 1:30 PM BID OPENING DATE: FEBRUARY 1, 2016 @ 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: COURTS INFORMATION CENTER REMODEL. The project in general consists of a courts information center remodel within the Centennial Center located at 915 10th St, Greeley CO 80631. A mandatory pre-bid conference will be held on January 18, 2016 at 1:30 PM,at the Centennial Center located at 915 10th Street, Greeley, CO. Bidders must participate and record their presence at the pre-bid conference to be allowed to submit bids. 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: MONDAY,FEBRUARY 1,2016 10:00 AM.Weld County Purchasing Time Clock). PAGES 1 - 12 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 11 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PG 11. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above-listed merchandise, equipment, and/or services. 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. Merchandise and/or equipment shall be delivered to the location(s) specified herein. You can find bid information on the Weld County Purchasing website at http://www.co,weld.co.us/Departments/Purchasinjindex.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E-Purchasing System. The Rocky Mountain E-Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County— 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e I d g o v . c o m . Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room#107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to 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. 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. 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. 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. 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. 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. Terms Defined: Terms used in these instructions to Bidders and elsewhere throughout the Contract Documents are defined in the General Provisions, CDOT,Standard Specification for Road and Bridge Construction, Section 101. BID REQUEST#81600025 Page 2 Qualification of Bidders: Qualification statements, attached with this document, are required to be completed by Bidders. If requested by Weld County, a Statement of Qualifications will be completed for the Subcontractors listed by the Contractor within 72 hours of the request. Failure to submit qualifications may be cause for rejection of Bids. The Owner shall consider the following criteria in evaluating the Bidder's qualifications following the opening of Bids: Experience and performance records on similar work. Ability to complete the Work within the Contract Time. Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work,the site where the Work is to be performed, local labor conditions and all local, state and federal laws, ordinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Director of General Services, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: 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. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition,subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The DiectcrofGeneral Services may at his sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. We Id County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. BID REQUEST#B1600025 Page 3 Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder,or the County may reject all Bids or call for other Bids. The County,within ten (10)days of receipt of acceptable Performance Bid, Labor&Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. 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), the successful bidder's response, 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. 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there-under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work,which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical,water, sanitary, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. BID REQUEST#B1600025 Page 4 General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements,as deemed necessary,for access to property outside of County Right of Way, prior to beginning the work. 8. 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. 9. GENERAL PROVISIONS A. 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. BID REQUEST#61600025 Page 5 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. 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. BID REQUEST#61600025 Page 6 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 faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. 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. 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. 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, The successful bidder'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. 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, 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 caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. BID REQUEST#B1600025 Page 7 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. Compliance with Davis-Bacon Wage Rates. The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis- Bacon Wage Rates. 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. W. Compensation Amount. Upon the successful bidder'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 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 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. 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 BID REQUEST#B1600025 Page 8 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/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. Successful bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. 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/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Successful bidder/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 Successful bidder/Contract Professional. 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/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 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 construction 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 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 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. BID REQUEST#B1600025 Page 9 Types of Insurance: The successful bidder/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 successful bidder'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 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. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 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 successful bidders endorsement, ISO Form 2010 or equivalent, additional insured—owners, lessees or successful bidders 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 Successful bidder, 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 payments one person Automobile Liability: Successful bidder/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, Successful bidder 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; BID REQUEST#61600025 Page 10 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. Successful bidders/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 successful bidder/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, Successful bidder/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder/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 Successful bidder/Contract Professional. Successful bidder/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. Successful bidder/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 REQUEST#61600025 Page 11 COURTS INFORMATION CENTER REMODEL Scope of work: This project consists of a Courts Information Center remodel within the Centennial Center located at 915 10th Street, Greeley. 1. This remodel will involve two phases of construction. 2. The first phase is the remodel of the former hearing room in order to accommodate relocating the Courts Information Center. 3. The second phase will involve remodeling the entrance and lobby area to accommodate a single point of entry to facility 4. The plans and specifications for the remodel are attached. 5. Anticipated contract date is March 1, 2016. Provide proposed start and finish date based on this assumption 6. Project will be permitted through Weld County. Fees for permits will be waived. 7. Installation shall meet all applicable building and electrical codes. 8. Davis-Bacon and Buy American requirements are NOT required. 9. Bids over$50,000 will require a payment and performance bond. 10. Contractor will be required to enter into a contract for this service (SEE ATTACHMENT) 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 bid for Request No.#61600025. 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 Bid contained herein(including, but not limited to, product specifications and scope of services),and the formal acceptance of the bid by Weld County,together constitutes a contract,with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County.The bid(s)may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID# SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 - 11. BID REQUEST#61600025 Page 12 Below are the answers to questions that occurred for the Courts Information Center Remodel bid (B1600025) which was held on October 8, 2015. 1. What components must be color matched? Answer: All colors used need to be provided to County for prior approval. But in general all storefront and metal components (including roofing panel)shall be color- matched to existing storefront and doors? 2. It looks like the prints are requiring us to install the data lines. Is this correct? Answer: The contractor will be responsible for installation of boxes and conduit to above ceiling grid for each of the data locations identified on the prints. The county will install the data lines through a separate contract. These questions and answers are in response to the Courts Information Center remodel bid (B 1600025). 1. Will there be additional demolition in Kitchen [118] where the new door [109] will be installed? No interior demo is shown. Will the existing sink remain or demo? ANSWER: Yes,the demolition required to install door 109 needs to be included in your bid. The kitchen that is shown in the building's original plans was removed. This room 109 now is currently an office. 2. On existing drawing A-6 door [123] shows a stair case down to Projection booth [120]. Will there be additional demo of the stairs at this location? ANSWER: The stairs shown in the original drawing do not currently exist. 3. At new door [106] will stairs he required at this location? ANSWER: No. 4. What flooring material will be installed in the Assembly room? ANSWER: Carpet furnished by owner. 5. Will Owner install bollards at the Emergency Exit [108]? ANSWER: Per flag note 12: bollards to be furnished by owner. 6. Please confirm the Haworth Work Stations will be Owner Furnish/Owner Install? ANSWER: Yes, Owner Furnish/Owner Install 7. Please confirm at all TV Locations power and data will be required and roughed-in at 5'- 0"?(Assuming 4 locations) ANSWER: Yes, contractor to install power at the locations for the televisions. In addition, the contractor is to install a data box at each of these locations. The data box is to have the EMT stubbed out above the ceiling grid. 8. Please confirm if both phases will be required for after-hours work? ANSWER: Yes,both phases are to be done after business hours. 9. Will a bid bond be required? ANSWER: A bid bond is not required. However a payment and performance bond is required. 10. There is one x-ray machine near the new Court Information Center room. However there appears to be a second x-ray type machine near the stairs too. Are we to provide a power and data outlet on the new wall under the stairs? ANSWER: Yes, there should be a new power outlet and a data outlet under the stairs in this location. C)11711i11 Q® A DATE(MM/DD/YYYY) CERTIFICATE OF LIABILI 02/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-303-534-4567 CONTACT NAME: IMA, Inc. - Colorado Division PHONE IFAX (A/C.No.Est): (NC,No): E-MAIL denaccounttechs@imacorp.com 1705 17th Street ADDRESS: p• Suite 100 INSURER(S)AFFORDING COVERAGE NAIC Denver, CO 80202 INSURER A: TRANSPORTATION INS CO (CNA) 20494 INSURED INSURER B: CONTINENTAL INS CO (CNA) 35289 Vertix Builders, Inc. INSURERC: TRAVELERS PROP CAS INS CO 36161 INSURERD: PINNACOL ASSUR 41190 3762 Puritan Way, Unit #1 INSURER E: Frederick, CO 80516 INSURERF: COVERAGES CERTIFICATE NUMBER:46105392 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AINSD WVD POLICY NUMBER (MDDL SUBR POLICY/YYYY) (MM POLICY LIMITS A X COMMERCIALGENERALLIABILITY O6014273112 08/01/15 10/01/16 EACH OCCURRENCE $ 1,000,000 DAMAGE TO E CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 100,000 X PD Ded:$5,000 000 MED EXP(Anyone person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY O6014273126 08/01/15 10/01/16 COMBINED SINGLE LIMIT(Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE R HIRED AUTOS R NON-OWNED AUTOS (Per accident) C X UMBRELLA LIAB OCCUR ZUP15T0114315NF 08/01/15 10/01/16 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,000 $ D WORKERS COMPENSATION 4175725 08/01/15 10/01/16 XISTATUTE I IERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (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 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County") are included as Additional Insureds on the General, Automobile, and Umbrella Liability Policies if required by written contract or agreement and with respect to work performed by Insured subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of Additional Insureds on the General, Automobile Liability and Workers Compensation Policies if required by written contract or agreement and with respect to work performed by Insured subject to the policy terms and conditions. This Insurance is Primary and Non-Contributory on the General Liability Policy subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION RE: Bid # B1600025: Courts Information Center Remodel. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1150 O St. AUTHORIZED REPRESENTATIVE Greeley , CO 80631 USA [ // ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ashmcclain 46105392 f; BUILDER CO LJC. i s ..;'.., E L ;VATEi February 4,2016 Toby Taylor Weld County 1150 O Street Greeley,CO 80631 Re: Courts Information Center Remodel Bid#81600025 Dear Toby: We are excited to submit our qualifications for the Courts Information Center Remodel project. Below is a brief statement of qualifications. We would be happy to provide more detailed information if needed. Our Company Vertix Builders, Inc. is a culture-based company that focuses on service to clients and to the industry. Known primarily for our design-build work in healthcare and higher education,we are typically brought on board early to integrate with the client and design team. We are proud to have such fantastic repeat clients such as the Denver Museum of Nature and Science, HCA Hospitals, Development Solutions Group,and more. Our project size ranges from$10,000 to$20M;from ground up new construction to intricate healthcare remodel work. We have selected just a few client references to attach to this letter, but would gladly provide more if desired. Our Team Led by Brady McQuinn as Project Manager and Eugene McQueen as Superintendent,this team brings a history of working successfully in occupied settings and in a collaborative atmosphere. Further,Jarrod Weber will oversee the on-site work as Senior Superintendent. We are known for our personal touch,attention to detail, and flexibility. Project Resumes attached. The Right Experience Not only does this team bring a diverse project background as experience to this project, but they bring the right kind of experience: • Keeping Occupied Facilities Running • Schedule Management Smoothly • Public/Occupant Management • Both Commercial and Wood Structure • Multi-Phase, Multi-Building Projects construction This experience will add true value to the project team. CO N ST CU t EL- -VAT E'#,"`�S Engagement With this Vertix team,you are getting a proactive group that will engage from day one and remain committed to the project through completion. Sincerely, Ted Laszlo Vice President Vertix Builders, Inc. A I I I I I I / it ' '''E` BRADY MCQUINN - PROJECT MANAGER fig- "t l' k, l As Project Manager, I will take ownership of site conditions b`�� , ,, z.',, s . . and assisting with subcontractor communication and schedul- ,� �,' 6 " �-&` ,'A. ,: 0 ing. I work directly with the Owner, designers, and trade part- -t �: ., �',a' ners to ensure all existing conditions are accounted for and ac- comodated. In occupied campus settings, I take a leadership kt role in traffic control, pedestrian routing , and campus safety. EXPERENCE EDUCATION • 6 years in construction • Colorado State University �' �'" �� " Project and Field Engineer B.S. Construction Management 10 Hour Occupational Safety 4 fa.E I...< and Health Card d ._,,,v27,------,-. ..,...- RELEVANT PROJECTS 1 , -,,,„:' ,3,4 .� • University Corporation for Atmospheric Research,Boulder, CO;$7 -',--. ..r -t: „ million,FL-4 Office Building Renovation (LEED Platinum) ..,,,rokit --rtt, • Cherry Creek School District, Greenwood Villiage,CO;$8 million *, _ Campus Middle School Renovation -----.1.--.7-4.-:1; Denver Public Schools,Denver,CO;$700,000,Cole Middle School ` , ' '..— Renovation , =' • St.Anne's Episcopal School,Denver,CO;$4 million,Lower School Addition and Renovation ". • Lincoln Skilled Nusring Facility,Parker,CO; $17 million 96-Bed Facility • Canyon View Medical Plaza,Grand Junction,CO; $21 million,Multi- Tenant Building • West Denver Financial Group,Lakewood, CO;$3.5 million,North- western Mutual West Denver Office „ > 1 • Lockheed Martin Space Systems,Littleton,CO; $2.5 million, FAB �' ,s�.,.� E. Chiller Plant Replacement ter. #, • Platte Valley Medical Office,Brighton,CO;$19.5 million,Medical Office Building • Metro Caring, Denver,CO;$3.5 million — • Gateway High School,Aurora,CO;$3.8 million,HVAC Upgrades and Remodel I , ' e3 , ',.:7e —4 , -i,) ":41 —J— '''' rt, E'J[l.DER`, t �' N EUGENE MCQUEEN s -' �, °. .' SUPERINTENDENT l', \ , - ...:.,, Eugene brings 35 years of construction experience and great ., , „, ,, leadership skills to his projects. Working through the trades as a ' F v `` highly skilled carpenter,Eugene truly understands the details and quality requirements for each trade and will coordinate subcon- ► q Y q w 5 v6". ,-` tractors to ensure the best product possible. Eugene works to pro- \\ rv' '- duce a schedule that is not only efficient for the project,but creates 1"' logical work flow for the subcontractors involved, minimizing down time and re-work. His positive attitude and great knowl- edge base make him a respected member of every project team. �`� ;t EXPERENCE TRAINING p . • 35 years in construction • 10 Hr OSHA 1 ' , • Experience working in occupied • 32 Hr Crane Rigging .,.D - I, p� facilities • Scaffold Training , i� '; • Forklift, Scissor Lift,Skid Steer R 4t l F'@St , ;,, 3 -7,, 1 iv RELEVANT PROJECTS • Sky Ridge Medical Center,Lone Tree,CO;$270,000,Cath Lab Re- ,J"- ` l �, '� ' model � • Denver Museum of Nature and Science,Denver, CO;$250,000,Vari- ous Small Projects Community College of Denver,Denver,CO;$50,000,Advanced Man '*14 , ` ufacturing Classroom Renovation „, • Larimer County Fairgrounds,Loveland,CO;$75,000, 1NB Office " Renovation ,i � �� Rose Medical Center,Denver, CO;$500,000,ICU Remodel ' i,€» a, Pi • Denver Health,Denver, CO;$300,000,OR Decontam Remodel L4 -,,,,,riirletitif,:54, Denver Health, Denver,CO,$120,000,Chapel Remodel r ,`' ':`' "" • Children's Hospital,Aurora,CO;$600,000,East Tower Stair Cores and 1, • �� Infection Control $` Y • Kinko's Copy,Aurora,CO;$750,000,New Store '‘! " ;.''''C'''',,,1:,'' • Children's Hospital,Aurora,CO;$1.2M,Outpatient Building ',1 I � } Ka x4. c VE TIX BUILDERS CONSTRUCTION ELEVATED JARROD WEBER SUPERINTENDENT JET1., K._y . ) There are a lot of moving parts on a construction project, no matter the size. I always strive to create a collaborative job- site using humor and my friendly nature. Communica- tion between trade partners, consultants, owners, and on- �d site staff is paramount for safety, disruptions, and smooth 1„ flow to the project. My focus on schedule, budget, safety, and 112) most important, the user groups, is how my projects succeed. .. '.,,t-''':,5i"-'-'=-:,. EXPERIENCE EDUCATION �l)� • 23 years in Construction • 4 Year Carpenter Apprentice `' `.---iii =n. : ' ' • Many multi-phase school • OSHA 30 HR Training w, projects ▪ IBC Contractor's License '"` _ � • Occupiied Campus Experience 4 1 r ti, RELEVANT EXPERIENCE I • Cherry Creek School District,Denver, CO; $8.3 million, Cherry Creek � "1 r Campus Middle School P —,. • Littleton Public Schools,Littleton,CO;$8.3 million,Goddard, Littleton High School Remodels , ,,: e 0" • Denver Museum of Nautre and Science,Denver,CO;Virtual Science ,. i e I -- Academy <l na i • Denver Health Lowry Clinic,Denver,CO;$6.5 million,Medical Clinic • Lincoln Medical Office Building,Lone Tree,CO; $32 million,Multi- Tenant ' • Gateway High School,Aurora,CO; $3.8 million,HVAC Upgrades and Remodel Colorado State University,Fort Collins,CO;3.7 million,MRI Addition 1 £.Iz • Platte Valley Medical Center,Brighton,CO; $70 millino, Replacement Hospital and Medical Office ,•- .F • Childrens Hospital,Aurora,CO; $400 million,New Hospital Expan- 10 � sion • Boulder Community Hospital,Boulder CO;$55 million,New rr s, Womens Hospital and Medical Office -' „� ®��0.` i • Denver Health,Denver, CO;$8.5 million,OR Expansion , - t.,4 4 4 , It) '441-to pi-- ...! ff. -'''Alk, tt, 3,,,,,„, . „:-.i.... t; 1; BU L.DE RS CON ST f2 LiC rioNi ELEVATED [(IN ms Community College Facilities Management I Michael W. Millsapps,CFM I Chief Facilities Management Officer 15401 W.20th Street I Greeley,Co 80632 December 15t, 2014 To whom it may concern, I am writing this letter of recommendation on behalf of Ted Laszlo of Vertix Builders. Mr. Laszlo has worked on a number of Aims projects ranging from small to major renovations in the College Center and Horizon Hall buildings, Mr. Laszlo has been very accommodating to all of the College's needs, especially last minute design requests, while maintaining project scope and budget. Mr. Laszlo is on- time and courteous to faculty, staff and students and very dependable. Mr. Laszlo (construction manager) is a true asset in all phases of a project, engaging without interruption in programming, schematic design, design development, construction documents, and construction execution. Mr. Laszlo consistently meet all expectations in very challenging environments, such as occupied college campuses. On the Aims Greeley campus, Mr. Laszlo and his team delivered a 60,000 SF complete remodel and addition on time and under budget. Working year round in an occupied campus setting, the team partnered with our facilities staff to coordinate outages and partnered with College leadership to proactively keep the students and staff safe during construction. Mr. Laszlo built a true team atmosphere which helped to allow the design to meet all of our goals while maintaining the project budget. The end result was a successful project that the entire Aims community is proud of and led to the same team being awarded the next project on our campus. I would recommend Mr. Laszlo of Vertix Builders to any organization that is looking for a professional and experienced Contractor services for all phases of construction. If you would like to discuss Mr. Laszlo's credentials and how they might benefit your organization, please do not hesitate to call. Sincerely, Michael W. Ills ps, CFM michael.millsapps(7aims.edu 970-339-6376 DENVER MUSEUM OF w'&- � � l+i� h 1,, rat a..., August 20th, 2014 Re: Tom Lough Letter of Reference -Vertix Builders To Whom It May Concern, Please allow this letter to serve as the introduction of Mr.Tom Lough to your organization. As Capital Projects Manager for the Museum, I worked with Tom Lough on our Fire Protection Project from 2010-2012. This project involved the replacement of fire detection systems and installation of fire suppression systems in over 300,000 square feet of the Museum's buildings ranging from 1908 to 2001 construction. Throughout this entire project,Tom displayed strong leadership, direction and guidance completing the project on time and under budget. Our project involved construction in many of the historic sections of the Museum, including the dioramas that house significant natural history specimens. As Superintendent for the project, Tom was responsible to many different Museum stakeholders from Research and Collections, Operations and Security for the execution of the project. The key on the project was safety— both for the individuals working in the challenging environments and the collections throughout the entire construction site. Where possible, Museum staff relocated collections but over 85% of the collections were required to be maintained safely in place. In order to accomplish the project, there was a complex construction schedule that required project coordination months in advance to prep diorama halls for construction. Additionally, some spaces required multiple shift work for the installation process. There were numerous subcontractors on the project that required a high degree of coordination for installation and testing of the system. Finally, Tom worked closely with the Museum's 3rd party inspection team to verify system operation and final test and acceptance by the Denver Fire Department. In my opinion, the true accomplishments of the project were safety, coordination and a true collaborative model for construction. The project maintained a zero incident safety rating. Furthermore, no artifacts or collections (valued in the millions or in some cases, invaluable) were lost, damaged or harmed. In order to keep the Museum open to the general public during construction, the complex construction schedule allowed us to open and close halls on time, 2001 Colorado Blvd. Denver, CO 80205-5798 P 303.370.6000 F 303.331.6492 www.dmns.0r9 DENVER MUSEUM OF tom/ MAT URE&S E C E maintaining our commitment to citizens of Denver and our Museum Team for an accessible Museum. In my opinion, true collaboration on the project was reached when our collections managers trusted Tom and his leadership in any collections area of the Museum. For those that might not know, unlimited access to these types of spaces does not come easily and without a high level of trust. Tom earned every ounce of respect and trust from our Research and Collections Division. Finally, when the Chief of the Denver Fire Department calls your project the model of cooperation in testing and execution, you have achieved something important. The project budget was$5.5M and finished under budget. I have intentionally left this information for the end because the project expenditures are the product of everything that has come before. Without all of the aspects of this letter coming together correctly, this project would have cost well more than the budget. The financial performance of this project is directly related to Tom's leadership. In the end, one does not work on a project like this without getting to know the individuals that work beside them. Personally, I have found Tom to be a genuine friend, respectful of your thoughts and opinions, a great thinker and one to always share a laugh. I recommend Tom for any project and would welcome him back again for any future project at the Museum. I appreciate your time in reading this letter and if I can provide any further information or clarity for you, please do not hesitate to contact me at 303-370-6046 or jeffloplin@dmns.org. Sincerely, Jeff Joplin Capital Projects Manager 2001 Colorado Blvd. Denver, CO 80205-5798 P 303.370.6000 F 303.331.6492 w`t w,dmr ns.or 4DONOR ALLIANCE Organ &'Tissue Donation Kim Kroeger Donor Alliance October 5,2015 To whom it may concern: I worked closely with Jarrod Weber on the renovation and addition to our Donor Alliance Surgery Center. The building was an old Air Force Building that had surprises around every corner. Jarrod did a great job keeping the project team informed about the discoveries and remained very flexible to keep the schedule going while giving us time to react to make decisions. Jarrod is a very personable person to work with and brings great humor to the project. He enjoys joking and laughing with the project team but I always had confidence in his work. He maintained the schedule and took the quality of the project personally. It is refreshing to see someone who takes personal ownership of their project. I would highly recommend Jarrod Weber of Vertix Builders for both multi-million dollar ground up projects as well as extensive and complicated renovations of existing space. Please feel free to contact me with any questions. Sincerely, te_---, xic-f-- Kim Kroeger, Facilities Manager Donor Alliance 720 South Colorado Boulevard I Suite S00 North'Denver CO 80246 303,329.4747 Main 303.321,118.Fax 8.8..'68..17.4.7 loll Free 8175 East First Avenue(Denver CO 80230 303.360.6000 Main 303.739,5885 Fax Donor{Ilian<r.org 104 South Cascade Avenue I Suite 215;Colorado Spring,CO 80903 719.636.3338 Main 719.636.1079 Far l k:eaieli c Colour! arg 2793 Skyline Court I Unit D I Grand Junction CO 81506 970?45.9815 Main 9.70,245.9518 Fax liornneLi;i'tVy wnint.arg 141 South Center Street I Suite 3061 Casper WY 82601 307,577.1700 Main 307.577.1702 Fax A ORGANIZATION .CONSOLIDATED ELECTRICAL DISTRIBUTORS SLS: 5663 PAGE: 001 OF 001 135 GAY STREET, UNIT A INSLS: 1005 QUOTE#: 1015139 LONGMONT CO 80501 BY: AA DATE: 02/02/16 TEL:720 494-7654 FAX:720 494-7826 FOB: SHIPPING POINT REV#: 000 FRT: PREPAID REV DATE: 02/02/16 CONTACT: ALEX ALBERS QUOTE FOR: HB ELECTRIC ACCT#: H5-31775 **SHOP** QUOTE EXPIRES 03/03/2016 **SHOP** 9931 OXFORD RD CUS PO#: LONGMONT, CO 80504 JOB NAME: WELD COUNTY INFORMATION TEL: (303) 579-7697 EXT LN QTY MFR CATALOG#/DESCRIPTION PRICE UOM AMT 01 1 LOT LIGHTING PACKAGE 18,146.67 E 16,146.67 02 SEE ATTACHED FOR FIXTURE COUNTS 03 78 GE F54W/T5/835/ECO FLUORESCENT LMP 7.99 E 623.22 04 2 GE F14T5/835/WM/ECO FLUOR LAMP 6.00 E 12.00 MDSE: 16,781.89 TAX: 486.67 TOTAL: 17,268.56 PLEASE NOTE:THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION.ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM,WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE.WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS. CUSTOMER COPY Date: Feb 2, 2016 Quote The Lighting Agency `Page 1/1 The Lighting Agency P.O. Box 11246 j Denver CO 80211-0246 Phone: (303)455-1012 Fax: (303) 458-8247 Project Weld County Information Center From: Sarah Yingling Quoter Ph: (303) 455-1012x. Lcutafir+n nraalav C:O email: syingling@thelightingagency.com To: Alex Albers For CED - Longmont Bid Date Feb 2, 2016 135 Gay Street Expires Mar 3, 2016 Unit A Architect: Bley Associates Longmont CO 80501 Engineer: Priest Engineering Phone: 720-494-765 EMail: aalbers@cedlongmont,com QTY Type MFG Part 21 A LITH 2AL5 3 54T5HO MVOLT 1/3 GEB10PS PWS1836 LP8** Line Note: *Specify lamp color 5 Al LITH 2AL5 3 54T5HO MVOLT 1/3 GEB10PS EL14 PWS1836 LP8** Line Note: *Specify lamp color 11 B DOWN REAL6C D6BZA LP6LN 1500L 35K.95SC 120 ESL 1 C LITH ST5 2 14T5 MVOLT GEB10PS LP8** Line Note: *Specify lamp color 13 X1 EMER LRP 2 RW 120/277 EL N Notes: 1. Lamps included for all types 2. Freight allowed or included 3. No specs provided. Quoting per scheduled notes only.Any additional requirements will affect pricing accordingly. 4. No controls a 5. No spares 6. Quoting standard paint finish unless noted 7. Quoting standard warranties unless otherwise noted Visit us on the web at www.thelightingagency.com, Page 1/1 COURTS INFORMATION CENTER REMODEL Scope of work: This project consists of a Courts Information Center remodel within the Centennial Center located at 915 10th Street, Greeley. 1. This remodel will involve two phases of construction. 2. The first phase is the remodel of the former hearing room in order to accommodate relocating the Courts Information Center. 3. The second phase will involve remodeling the entrance and lobby area to accommodate a single point of entry to facility 4. The plans and specifications for the remodel are attached. 5. Anticipated contract date is March 1, 2016. Provide proposed start and finish date based on this assumption 6. Project will be permitted through Weld County. Fees for permits will be waived. 7. Installation shall meet all applicable building and electrical codes. 8. Davis-Bacon and Buy American requirements are NOT required. 9. Bids over$50,000 will require a payment and performance bond. 10. Contractor will be required to enter into a contract for this service (SEE ATTACHMENT) PRICING: TOTAL $_ $149, 950 START DATE _March 1St, 2016 FINISH DATE _April 20th, 2016 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 bid for Request No.#51600025. 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 Bid contained herein(including,but not limited to, product specifications and scope of services),and the formal acceptance of the bid by Weld County, together constitutes a contract,with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids,to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners,is to the best interests of Weld County.The bid(s)may be awarded to more than one vendor. FIRM Vertix Builders BY Brady McQuinn (Please print) BUSINESS ADDRESS_3762 Puritan Way, Unit 1 DATE_Februrary 1St, 2016 CITY, STATE, ZIP CODE Federick, CO 80516 TELEPHONE NO_720-838-6635 FAX TAX ID # 46-5141051 SIGNATURE E-MAIL bmcquinn@vertixbuilders.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 - 11. BID REQUEST#B1600025 Page 12 Marcia Walters From: Brady McQuinn <bmcquinn@vertixbuilders.com> Sent: Monday, February 01, 2016 9:43 AM To: bids Subject: Courts Information Center Remodel Attachments: COURTS INFO CENTER REMODEL- ready.pdf Attached you will find our bid for the Courts Information Center Remodel. I hereby waive my right to a sealed bid. Note there are no specifications for lighting. We have included an allowance of$120/2x4 Fixture, $85/Can Light, $85/Surface Fluorescent, $85/Exit light. Thanks, Brady McQuinn bmcquinn@vertixbuilders.com Cell: 720-838-6635 3762 Puritan Way Unit 1 Frederick, CO 80516 VERTIX OUILDEPS CONSTRUCTION ELEVATED 1 Toby Taylor From: Brady McQuinn <bmcquinn@vertixbuilders.com> Sent: Friday, February 05, 2016 8:33 AM To: Toby Taylor Subject: WELD COUNTY- COURTS INFORMATION CENTER REMODEL Attachments: 2.2.16 HB Weld County.pdf;2016-02-04 Qualification Package.pdf Toby, Please see the attached document that includes our resumes, previous projects and letters of recommendation. Let me know if you will need anything further from Vertix. As for the qualification to our bid proposal and our conversation yesterday over the phone. Below you will find the break down Standard Fixture Package (included in our bid, based on our numbers we sent you in the email bid) $ 5, 245.00 Specified Fixture Package (not included in our bid, see attached proposal) - $ 17,269.00 This is a difference of$12,024.00. There are three options: 1. We will increase our bid form by$13,949.00 (with Liability Insurance and Bond; no fee mark-up) 2. Let us work with the designers to find a fixture package that works with our budget 3. Deem our bid as nonresponsive and throw it out. Please let us know how you would like to proceed? Thanks, Brady McQuinn bmcquinn@vertixbuilders.com Cell: 720-838-6635 3762 Puritan Way Unit 1 Frederick, CO 80516 VERTIX 2 DEPARTMENT OF BUILDINGS AND GROUNDS IX T _ PHONE: (970) 304-6531 FAX: (970) 304-6532 V O N T Y WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 February 15, 2016 To: Board of County Commissioners From:Toby Taylor Subject: Courts Information Center Remodel; Bid#81600025 As advertised, this bid is to perform the remodel at Centennial Center to accommodate the Courts Information Center remodel and increase security by providing for one entrance. The low bid received was from Vertix Builders and meets specifications. Therefore, Buildings &Grounds is recommending the bid be awarded to Vertix Builders for$163,899.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director I c974.9 0 -62,3 �n- Do\ t WELD COUNTY PURCHASING y, 1150 O Street Room 107, Greeley CO 80631 '86'" • E-Mail: mwaltersco.weld.co.us E-mail: reverett@co.weld.co.us fl �1 Phone: (970) 356-4000, Ext 4222 or 4223 u • I Fax: (970) 336-7226 COUNTY DATE OF BID: FEBRUARY 1, 2016 REQUEST FOR: COURTS INFORMATION CENTER REMODEL DEPARTMENT: BUILDINGS & GROUNDS DEPT BID NO: #B1600025 PRESENT DATE: FEBRUARY 3, 2016 APPROVAL DATE: FEBRUARY 17, 2016 VENDOR TOTAL START DATE FINISH DATE VERTIX BUILDERS $163,899.00 March 1, 2016 April 20, 2016 3762 PURITAN WAY UNIT 1 FREDERICK CO 80516 W.O. DANIELSON CONSTRUCTION $179,000.00 March 1, 2016 May 01, 2016 2970 SOUTH FOX ST ENGELWWOD CO 80110 G2 CONSTRUCTION LLC $213,000.00 March 1, 2016 May 10, 2016 5805 MANGROVE CT LOVELAND CO 80538 DS CONTRACTORS INC $230,755.00 Feb. 29, 2016 June 24, 2016 3780 N GARFIELD AVE SUITE 101 LOVELAND CO 80538 BASSETT &ASSOCIATES INC $243,000.00 March 7, 2016 April 29, 2016 7076 S ALTON WAY B LDG C CENTENNIAL CO 80112 TOBY TAYLOR WILL REVIEW THE BIDS. (.Wilt- 0503 Hello