HomeMy WebLinkAbout20152471.tiff WELD COUNTY AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY & COLORADO MOISTURE CONTROL, INC.
ROOF REPLACEMENT PLAZA BUILDING 3RD FLOOR
THIS AGREEMENT is made and entered into this 30-day of September , 2015, 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 Colorado Moisture Control, Inc. a corporation, who whose address is 4950
East 56thAvenue, Commerce City, CO 80022, hereinafter referred to as "Contractor".
WHEREAS, Weld County is in need of replacement of the roof of the third floor of the Plaza
Building 3rd Floor, (hereinafter referred to as the "Project"), and
WHEREAS, in the interests of public health, safety and welfare, it is necessary to undertake the
replacement of this roof, 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. B1500146".
The RFP contains all of the specific requirements of County.
Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confirms
Contractor's obligations under this Agreement.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Project and agrees to diligently provide all services, labor, personnel and
materials necessary to perform and complete the Project described in Exhibit A which is attached
hereto and incorporated herein by reference. Contractor shall coordinate with, the Weld County
Director of 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
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nature to those described in this Agreement. Contractor shall further be responsible for the timely
completion, and acknowledges that a failure to comply with the standards and requirements of
Exhibits A and B within the time limits prescribed by County may result in County's decision to
withhold payment or to terminate this Agreement. 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 $84,944.00, which is the bid set forth in Exhibit B. Contractor acknowledges no payment in
excess of that amount will be made by County unless a "change order" authorizing such additional
payment has been specifically approved by the Director of Weld County 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
$ 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
$500,000 errors and omissions.
$5,000 Medical payment one person
Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily
injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage
applicable to all vehicles operating both on County property and elsewhere, for vehicles owned,
hired, and non-owned vehicles used in the performance of this Contract.
Additional provisions:
Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must
provide the following:
i. If any aggregate limit is reduced by twenty-five percent (25%) or more by paid or
reserved claims, Contractor shall notify County within ten (10) days and reinstate the
aggregates required;
ii. Unlimited defense costs in excess of policy limits;
iii. Contractual liability covering the indemnification provisions of this Agreement;
iv. A severability of interests provision;
v. Waiver of exclusion for lawsuits by one insured against another;
vi. A provision that coverage is primary; and
vii. A provision that coverage is non-contributory with other coverage or self-insurance
provided by County.
For all general liability, excess/umbrella liability, liquor liability, pollution liability and
professional liability policies, if the policy is a claims-made policy, the retroactive date must be on or
before the contract date or the first date when any goods or services were provided to County,
whichever is earlier.
Contractors/Contract Professionals shall secure and deliver to the County at or before the time of
execution of this Agreement, and shall keep in force at all times during the term of the Agreement
as the same may be extended as herein provided, a commercial general liability insurance
policy, including public liability and property damage, in form and company acceptable to and
approved by said Administrator, covering all operations hereunder set forth in the related Bid or
Request for Proposal.
Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide
a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk
Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor
liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an
additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive
subrogation rights against County.
Subcontractors: All subcontractors, subcontractors, independent Contractors, sub-vendors, suppliers
or other entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of
Contractor/Contract Professional. Contractor/Contract Professional shall include all such
subcontractors, independent Contractors, sub-vendors suppliers or other entities as insureds under its
policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract
Professional agrees to provide proof of insurance for all such subcontractors, independent
Contractors, sub-vendors suppliers or other entities upon request by the County.
Builders' Risk Insurance or Installation Floater—Completed Value Basis
Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies
lawfully authorized to do business in the jurisdiction in which the Project is located, Builders' Risk
Insurance in the amount of the initial Contract Sum, plus value of subsequent modifications, change
orders, and cost of material supplied or installed by others, comprising total value of the entire
Project at the site on a replacement cost basis without optional deductibles.
a. Policy must provide coverage from the time any covered property becomes the
responsibility of the Contractor, and continue without interruption during construction,
renovation, or installation, including any time during which the covered property is being
transported to the construction installation site, or awaiting installation, whether on or off
site.
b. Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the
Contract Documents or otherwise agreed in writing by all persons and entities who are
beneficiaries of such insurance, until final payment has been made or until no person or
entity other than the County 's has insurable interest in the property to be covered,
whichever is later.
c. The Builders' Risk insurance shall include interests of the County and if applicable,
affiliated or associate entities, the General Contractor, subcontractors and sub-tier
contractors in the Project.
d. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form
and shall include theft, vandalism, malicious mischief, collapse, false-work, temporary
buildings, transit, debris removal including demolition, increased cost of construction,
architect's fees and expenses, flood (including water damage), earthquake, and if
applicable, all below and above ground structures, piping, foundations including
underground water and sewer mains, piling including the ground on which the structure
rests and excavation, backfilling, filling, and grading.
e. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall
specifically permit occupancy of the building during construction. County Contractor shall
take reasonable steps to obtain consent of the insurance company and delete any
provisions with regard to restrictions within any Occupancy Clauses within the Builder's
Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project
by the County.
f. Equipment Breakdown Coverage (a.k.a. Boiler& Machinery) shall be included as required
by the Contract Documents or by law, which shall specifically covers insured equipment
during installation and testing (including cold and hot testing).
g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor
except for losses that involve all Acts of God such as flood, earthquake, windstorm,
tsunami, volcano, etc.
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:
Attn.: President,
Address:
Address:
E-mail:
Facsimile:
With copy to:
Name:
Position:
Address:
Address:
E-mail:
Facsimile:
Coun :
Name: Toby Taylor
Position: Director of Weld County Buildings and Grounds
Address: 1105 H Street, Greeley, CO 80632
Address:
E-mail: ttavlorAweldgov.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.
31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000
annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor
certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty
percent of the work under this Contract. "Colorado labor" means any person who is a resident of
the state of Colorado at the time of the public works project, who can provide a valid Colorado
driver's license, a valid Colorado state-issued photo identification, or documentation that he or she
has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the
eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado
labor is available to perform the work, and this requirement would create an undue burden that
would substantially prevent the work from proceeding to completion. This section shall not apply to
any project which is funded in whole or in part with federal funds, or where otherwise contrary to
federal law.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,
with the attached Exhibits and , is the complete and exclusive statement of agreement
between the parties and supersedes all proposals or prior agreements, oral or written, and any
other communications between the parties relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of
SD r-4-D hyd)r7h ,, 20151.
CONTRACT .
By: ` T Date l
Name:
COL,ORADO MOISD M. TURE CONTROL,INC
Title:
WELD C[1U TY:
ATTEST s4J Il' .' l'. / '!) BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Bo. � WELD COUNTY, OLORADO
861 �R•`�''`�'� `1/`►
BY: • /. l.� . 1:l�•i r ,+ ��i / ' r ,ems-,
�p?} uty Clerk to the Boa i , j�w �� bara Kirkmey , Chair EP 3 0 2015
APPROVED AS TO FUNDIN ®U 1APPROVED AS TO SUBSTANCE:
7-fr
Controller Elec ed Official or Department Head
APPROVED AS TO FORM: NI i A
Director of Gene al Services
County Attorney
aD/5- ay /
a _ e . n
/EMC Casualty Company
717 Mulberry St.,Des Moines,IA 50309-3872 Bond No.S441945
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That We, Colorado Moisture Control, Inc. 4950 E. 56th Avenue
Commerce City, CO 80022
(hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation
organized and existing under the laws of the State of Iowa with its principal office in the CITY OF DES MOINES, IOWA,
and authorized to transact business in the State of Colorado as Surety, are held and firmly
bound unto Weld County, Department of Buildings and Grounds, 1105 H Street, Greeley, CO 80632 .
(hereinafter called"Obligee"), in the penal sum of Eighty-Four Thousand Nine Hundred Forty-Four and 00/100
DOLLARS($ 84,944.00 ), good and lawful money of the United States of America,for the
payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors
and assigns,jointly and severally firmly by these presents.
SEALED, with our seals and dated 20th day of August , 20 15
WHEREAS,the above bounden Principal has entered into a certain written contract with the above named Obligee,
dated the day of August , 20 15 , providing for the construction or supply of,
Roof Replacement-Plaza Bldg. 3rd Floor-Bid#B1500146
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein for the purpose of explaining but not of varying or enlarging the obligation.
NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden
Principal shall well and truly keep, do and perform, each and every, all and singular,the matters and things in said
contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner
in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and
damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this
obligation shall be void; otherwise, to be and remain in full force and effect.
PROVIDED, HOWEVER, this bond is executed by the Surety, upon the express condition that no right of
action shall accrue upon or by reason hereof, to or for the use or benefit of any one other than the Obligee named
herein; and the obligation of the Surety is and shall be construed strictly as one of suretyship only.
WITNESS: Colorado Moisture Control, inc.
Principal [Seal]
By:
(If Individual or Firm)
ATTEST: Employers Mutual Casualty Company
Surety [S I]
am By:
\ (If Corporation) Barbara J.Arnold Attorne of
Questions regarding this bond should be directed to the EMC H.O.Bond Department at 515-345-2689.
7066(11-13)
/EMC Employers
Casualty Company
717 Mulberry St.,Des Moines,IA 50309-3872 Bond No.S441945
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That We, Colorado Moisture Control, Inc.,4950 E.56th Avenue
Commerce City,CO 80022
(hereinafter called "Principal"), as Principal, and the EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation
organized and existing under the laws of the State of Iowa and authorized to transact business in the State of
Colorado (hereinafter called"Surety"), as Surety, are held and firmly bound unto the
Weld County, Department of Buildings and Ground, 1105 H Street, Greeley, CO 80632
(hereinafter called"Obligee"), in the penal sum of Eighty-Four Thousand Nine Hundred Forty-Four and00/100
---------------------------- DOLLARS, ($ 84,944.00 ), good and lawful money of the United
States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs,
administrators, executors, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS,the above bounden Principal has entered into a certain written contract with the above named
Obligee, dated the 20th day of August , 20 15 , providing for the
construction or supply of, Roof Replacement-Plaza Bldg. 3rd Floor-Bid#B1500146
Which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, IF the Principal shall promptly make payment to all persons supplying labor and
material in the prosecution of the work provided for in said contract, then this obligation to be void; otherwise to
remain in full force and virtue.
SIGNED and sealed this 20th day of August , 20 15 •
WITNESS: Colorado Moisture Control, Inc.
Principal [Seal]
By:
(If Individual or Firm)
ATTEST: Employers Mutual Casualty Company
Surety
By:
(If Corporation) Barbara J.Arnold Attorn -i a
LQuestions regarding this bond should be directed to the EMC H.O. Bond Department at 515-345-2689.1
7067(11-13)
� y .
THE FACE AND REVERSE OF THIS DOCUMENT HAVE A COLORED FLAG ON WHITE PAPER
/EMC No. B26655
INSURANCE P.O.Box 712•Des Moines,IA 50306-0712
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN BY THESE PRESENTS,that:
1. Employers Mutual Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation
2. EMCASCO Insurance Company,an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation
3. Union Insurance Company of Providence,an Iowa Corporation 7. Hamilton Mutual Insurance Company,an Iowa Corporation
4. Illinois EMCASCO Insurance Company,an Iowa Corporation
hereinafter referred to severally as"Company"and collectively as"Companies",each does,by these presents,make,constitute and appoint:
BARBARA J.ARNOLD
its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a
similar nature as follows:
In an amount not exceeding Five Million Dollars $5,000,000.00
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire APRIL 1,2018 unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a
regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
and authority to(1) appoint attorneys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and
undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof;and(2)to remove any such attorney-in-fact at any time and revoke
the power and authority given to him or her.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney issued to them,
to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances,contracts of indemnity and
other writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company.
Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer,whether made heretofore or hereafter,wherever appearing upon a
certified copy of any power-of-attorney of the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS THEREOF,the Companies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this
12th day of JUNE 2015
Seals 140//
sovo;NSUgq�,, �`,GO�"P44/�, ;:,co ,B,�qs Bruce G.Kelley, hairman Michael Freel
Q„`40PPORgt' p `OPP OR9t'�y' of Companies 2 3,4 5&6;President Assistant Vice President
°= = of Company 1;Vice Chairman and
z SEAL _`- :N: 1863 o: c r: 1953 c CEO of Company 7
On this 12th day of JUNE AD 2015 before me a
.`;N5URAN�F�, �;„,'�RAnJ�,�; .`��UTUAI°q' Notary Public in and forthe State of Iowa,personally appeared Bruce G.Kelley and Michael Freel,
°°`,,'P°^''C° .P�▪\Q.r FP°R^''CO' .jQ�.OPP OR'4T's7": who,being by me duly sworn,did say that they are,and are known to me to be the Chairman,
' P '' President, Vice Chairman and CEO, and/or Assistant Vice President/Assistant Secretary,
g7. SEAL <_ o!SEAL k; SEAL o respectively,of each of The Companies above;that the seals affixed to this instrument are the
'. P= seals of said corporations;that said instrument was signed and sealed on behalf of each of the
*'lpyA*,.`�` ',�▪ qTH DPKO•�` �,�MO,ryE5.;�,. Companies by authority of their respective Boards of Directors;and that the said Bruce G.Kelley
"""" """ and Michael Freel,as such officers,acknowledged the execution of said instrument to be the
TUA voluntary act and deed of each of the Companies.
UTU4` My Commission Expires October 10,2016.
KATHY LYNN LOVERIDGE
c 1�G� T Comma 7!!0769 s/r �,/ ,.
MY Expires N J d '�` �J
`��' � �pt�' ` °'" October 10,2016 ) Nota Public'F{and for the State of IowaU
'��NES,�OP CERTIFICATE
I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies,
and this Power of Attorney issued pursuant thereto on JUNE 12,2015 on behalf of:
BARBARA J.ARNOLD
are true and correct and are still in full force and effect.
In Testimony Whereof I have subscribed my name and affix the facsimile seal of
each Company this 4ip day of / Q L(S f , c '4/ .T ( — !i` Vice President
7832(1-14) "For verification of the authenticity of the Power of Attorney you may call (515) 345-2689."
REQUEST FOR BID 1861
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
DATE: JUNE 30, 2015 c C? U T Y
BID NUMBER: #B1500146
DESCRIPTION: ROOF REPLACEMENT/PORTION - PLAZA BLDG 3R° FLOOR
DEPARTMENT: BUILDINGS & GROUNDS DEPT
MANDATORY PRE-BID CONFERENCE DATE: TUES - 7/14/15 @ 9:00 AM
BID OPENING DATE: 7/28/15 @ 10:00 AM
1. NOTICE TO BIDDERS:
The Board of County Commissioners of Weld County, Colorado, by and through its Director of
General Services (collectively referred to herein as. "Weld County"), wishes to purchase the
following ROOF REPLACEMENT/PORTION — PLAZA BLDG 3`d FLOOR.
A mandatory pre-bid conference will be held at 9:00 a.m., on Tues. July 14, 2015. Please meet
the Weld County Plaza Building located at 822 7xh Street, Greeley CO 80631. Bidders must participate
and record their presence at the pre-bid conference to be allowed to submit bids
Bids will be received at the Office of the Weld County Purchasing Department in the Weld County
Administrative Building, 1150O Street Room #107 Greeley CO 80631 until: Tuesday,July 28,2015010:00am
(Weld County PurchasingTime Clock).
PAGES 1-9 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE
REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN
PAGES 1-9 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 9.
2. INVITATION TO BID:
Weld County requests bids for the above-listed merchandise, equipment, and/or services. Said
merchandise and/or equipment shall be delivered to the location(s) specified herein
Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and
discounts, and shall. in every way, be the total net price which the bidder will expect the Weld County to
pay if awarded the bid.
You can find bid information on the Weld County Purchasing website at
http.//www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids.
Weld County Government is a member of the Rocky Mountain E-Purchasing System. The Rocky
Mountain E-Purchasing System (BidNet®) is an on-line notification system that is being utilized by
multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and
awards on this one centralized system.
Bid Delivery to Weld County— 3 methods:
1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e I d g o v . c o m .
Emailed bids must include the following statement on the email: "I hereby waive my right to
a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more
• than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal
2 Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must
include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If
more than one copy of the bid is requested, you must submit/mail hard copies of the bid
proposal.
3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope
with the bid title and bid number on it. Please address to: Weld County Purchasing Department,
1150 O Street, Room#107 Greeley, CO 80631.
Please call Purchasing at 970-336-7225 if you have any questions.
3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing
Department. Each bid must give the full business address of bidder and be signed by him with his
usual signature. Bids by partnerships must furnish the full names of all partners and must be signed
with the partnership name by one of the members of the partnership or by an authorized
representative, followed by the signature and title of the person signing. Bids by corporations must be
signed with the legal name of the corporation, followed by the name of the state of the incorporation
and by the signature and title of the president, secretary, or other person authorized to bind it in the
matter The name of each person signing shall also be typed or printed below the signature. A bid by
a person who affixes to his signature the word "president," "secretary," "agent," or other title without
disclosing his principal, may be held to be the bid of the individual signing. When requested by the
Weld County Director of General Services, satisfactory evidence of the authority of the officer signing
on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of
anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the
person signing the bid. All bidders shall agree to comply with all of the conditions, requirements,
specifications, and/or instructions of this bid as stated or implied herein. All designations and prices
shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders
are required to use the Proposal Forms which are included in this package and on the basis indicated
in the Bid Forms, The Bid Proposal must be filled out completely, in detail, and signed by the Bidder.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to
ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated
in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept
unopened in a secure place. No responsibility will attach to the Weld County Director of General
Services for the premature opening of a bid not properly addressed and identified. Bids may be
withdrawn upon written request to and approval of the Weld County Director of General Services: said
request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the
part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been
awarded Bidders are expected to examine the conditions, specifications, and all instructions contained
herein, failure to do so will be at the bidders' risk.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give
preference to resident Weld County bidders in all cases where said bids are competitive in price and
quality. It is also understood that Weld County will give preference to suppliers from the State of
Colorado in accordance with C.R,S. § 30-11-110 (when it is accepting bids for the purchase of any
books. stationery. records, printing, lithographing or other supplies for any officer of Weld County).
Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award
the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County
Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one
vendor
In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the
Request for Proposal contained herein (including, but not limited to the product specifications and
scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the
Board of County Commissioners, together constitutes a contract. with the contract date being the date
of signature by the Chair of the Board of County Commissioners.
BID REQUEST#81500146 Page 2
_ _„ v. .,.....,.� ..,... ...,.. ..,..�... .... u.. ,,.. v...,-,w„ d ....n.. ..,,rya p... ......
4. SUCCESSFUL BIDDER HIRING PRACTICES- ILLEGAL ALIENS
Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract. Successful bidder will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform work
under this Agreement, through participation in the E-Verify program or the State of Colorado program
established pursuant to C.R.S §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into a contract with a
subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall
not use E-Verify Program or State of Colorado program procedures to undertake pre-employment
screening or job applicants while this Agreement is being performed. If Successful bidder obtains
actual knowledge that a subcontractor performing work under the public contract for services knowingly
employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County
within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3) days of receiving notice. Successful
bidder shall not terminate the contract if within three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
Successful bidder shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment.
If Successful bidder participates in the State of Colorado program, Successful bidder shall, within
twenty days after hiring a new employee to perform work under the contract, affirm that Successful
bidder has examined the legal work status of such employee, retained file copies of the documents, and
not altered or falsified the identification documents for such employees. Successful bidder shall deliver
to County, a written notarized affirmation that it has examined the legal work status of such employee,
and shall comply with all of the other requirements of the State of Colorado program. If Successful
bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County,
may terminate this Agreement for breach. and if so terminated, Successful bidder shall be liable for
actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. §24-76.5-103(3), if
Successful bidder receives federal or state funds under the contract, Successful bidder must confirm
that any individual natural person eighteen (18) years of age or older is lawfully present in the United
States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under
the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under
penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the
United States pursuant to federal law, (b) shall produce one of the forms of identification required by
C.R.S § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by
C R S. § 24-76 5-103 prior to the effective date of the contract.
5. GENERAL PROVISIONS
A Fund Availability: Financial obligations of Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. By acceptance of the bid, Weld County does not warrant that funds will be available to
fund the contract beyond the current fiscal year
B Confidential Information: Confidential financial information of the bidder should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the
top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity,
Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public
records. and cannot guarantee the confidentiality of all documents.
C Governmental Immunity: No term or condition of the contract shall be construed or interpreted as
a waiver, express or implied. of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq. as applicable now or
hereafter amended.
BID REQUEST#81500146 Page 3
D. Independent Contractor: The successful bidder shall perform its duties hereunder as an
independent contractor and not as an employee. He or she shall be solely responsible for its acts
and those of its agents and employees for all acts performed pursuant to the contract. Neither the
successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee
of Weld County. The successful bidder and its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through Weld County and Weld
County shall not pay for or otherwise provide such coverage for the successful bidder or any of its
agents or employees Unemployment insurance benefits will be available to the successful bidder
and its employees and agents only if such coverage is made available by the successful bidder or
a third party. The successful bidder shall pay when due all applicable employment taxes and
income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful
bidder shall not have authorization, express or implied, to bind Weld County to any agreement,
liability or understanding, except as expressly set forth in the contract. The successful bidder shall
have the following responsibilities with regard to workers' compensation and unemployment
compensation insurance matters: (a) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, and (b) provide proof
thereof when requested to do so by Weld County.
E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and
state laws, rules and regulations in effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of the contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be
null and void.
G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of the contract, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall
give or allow any claim or right of action whatsoever by any other person not included in the
contract It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under the contract shall be an incidental
beneficiary only.
H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful
bidder, concerning the contract, the parties agree that Weld County shall not be liable to or
responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the
successful bidder
I Disadvantaged Business Enterprises: Weld County assures that disadvantaged business
enterprises will be afforded full opportunity to submit bids in response to all invitations and will not
be discriminated against on the grounds of race, color, national origin, sex, age, or disability in
consideration for an award.
J. Procurement and Performance: The successful bidder agrees to procure the materials,
equipment and/or products necessary for the project and agrees to diligently provide all services,
labor, personnel and materials necessary to perform and complete the project The successful
bidder shall further be responsible for the timely completion, and acknowledges that a failure to
comply with the standards and requirements outlined in the Bid within the time limits prescribed by
County may result in County's decision to withhold payment or to terminate this Agreement.
K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by
County, and shall continue through and until successful bidder's completion of the responsibilities
described in the Bid.
BID REQUEST#B1500146 ---__ ....__.__.�._____
Page 4
L. Termination: County has the right to terminate this Agreement, with or without cause on thirty
(30) days written notice. Furthermore, this Agreement may be terminated at any time without
notice upon a material breach of the terms of the Agreement.
M. Extension or Modification: Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by the successful bidder
shall be the basis for additional compensation unless and until the successful bidder has obtained
written authorization and acknowledgement by County for such additional services. Accordingly,
no claim that the County has been unjustly enriched by any additional services, whether or not
there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation
payable hereunder.
N. Subcontractors: The successful bidder acknowledges that County has entered into this
Agreement in reliance upon the particular reputation and expertise of the successful bidder The
successful bidder shall not enter into any subcontractor agreements for the completion of this
Project without County's prior written consent, which may be withheld in County's sole discretion.
County shall have the right in its reasonable discretion to approve all personnel assigned to the
subject Project during the performance of this Agreement and no personnel to whom County has
an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder
shall require each subcontractor, as approved by County and to the extent of the Services to be
performed by the subcontractor, to be bound to the successful bidder by the terms of this
Agreement, and to assume toward the successful bidder all the obligations and responsibilities
which the successful bidder, by this Agreement, assumes toward County. County shall have the
right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor
hired by the successful bidder and the successful bidder shall cooperate in such process The
successful bidder shall be responsible for the acts and omissions of its agents, employees and
subcontractors.
O Warranty: The successful bidder warrants that services performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions
of this Agreement. The successful bidder further represents and warrants that all services shall be
performed by qualified personnel in a professional and workmanlike manner, consistent with
industry standards, and that all services will conform to applicable specifications. In addition to the
foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this
Agreement is subject to a one year warranty period during which Contractor must correct any
failures or deficiencies caused by contractor's workmanship or performance.
The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free
from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and
conform to the minimum specifications herein. The successful bidder shall warrant that he has title
to the goods supplied and that the goods are free and clear of all liens. encumbrances, and
security interests.
Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage,
travel time, and service trucks used in the servicing (including repairs) of any of the goods to be
purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are
necessary for the first one (1) year period after said goods are first supplied to Weld County.
Bidder shall submit with their bids the following information pertaining to the equipment upon which
the bids are submitted:
1 Detailed equipment specifications to include the warranty.
2. Descriptive literature.
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
BID REQUEST#B1500146 Page 5
County shall, at the option of County, automatically terminate this Agreement and all rights of the
successful bidder hereunder. Such consent may be granted or denied at the sole and absolute
discretion of County
Q Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is
due to any cause beyond its reasonable control, including but not limited to Acts of God, fires,
strikes, war, flood earthquakes or Governmental actions.
R. Non-Exclusive Agreement: This Agreement is nonexclusive and County may engage or use
other contractors or persons to perform services of the same or similar nature.
S Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement agree that to their knowledge, no employee of Weld County has
any personal or beneficial interest whatsoever in the service or property which is the subject matter
of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that
would in any manner or degree interfere with the performance of the successful bidder's services
and the successful bidder shall not employ any person having such known interests. During the
term of this Agreement, the successful bidder shall not engage in any in any business or personal
activities or practices or maintain any relationships which actually conflicts with or in any way
appear to conflict with the full performance of its obligations under this Agreement. Failure by the
successful bidder to ensure compliance with this provision may result. in County's sole discretion,
in immediate termination of this Agreement. No employee of the successful bidder nor any
member of the successful bidder's family shall serve on a County Board, committee or hold any
such position which either by rule, practice or action nominates, recommends, supervises the
successful bidder's operations, or authorizes funding to the successful bidder.
T Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
U Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in the contract or incorporated herein by
reference shall be null and void.
V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
W. Compensation Amount: Upon the successful bidder's successful completion of the service, and
County's acceptance of the same, County agrees to pay an amount no greater than the amount of
the accepted bid. The successful bidder acknowledges no payment in excess of that amount will
be made by County unless a "change order" authorizing such additional payment has been
specifically approved by the County's delegated employee, or by formal resolution of the Weia
County Board of County Commissioners, as required pursuant to the Weld County Code.
X Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder
and the successful bidder agrees to be solely responsible for the accurate reporting and payment
of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall
not be entitled to bill at overtime and/or double time rates for work done outside of normal business
hours unless specifically authorized in writing by County.
BID REQUEST#61500146
Page 6
6. INSURANCE REQUIREMENTS
General Requirements. Successful bidders must secure, at or before the time of execution of any
agreement or commencement of any work, the following insurance covering all operations, goods or
services provided pursuant to this request. Successful bidders shall keep the required insurance
coverage in force at all times during the term of the Agreement,or any extension thereof, and during any
warranty period. The required insurance shall be underwritten by an insurer licensed to do business in
Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid
provision or endorsement stating"Should any of the above-described policies by canceled or should any
coverage be reduced before the expiration date thereof,the issuing company shall send written notice to
the Weld County Director of General Services by certified mail, return receipt requested. Such written
notice shall be sent thirty(30)days prior to such cancellation or reduction unless due to non-payment of
premiums for which notice shall be sent ten(10)days prior. If any policy is in excess of a deductible or
self-insured retention, County must be notified by the Successful bidder. Successful bidder shall be
responsible for the payment of any deductible or self-insured retention. County reserves the right to
require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or
self-insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants
that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities
that might arise out of the performance of the work under this Contract by the Successful bidder. its
agents, representatives, employees, or subcontractors. The successful bidder shall assess its own
risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The
successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract
by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The
successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that
it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to
these requirements must be made in writing by Weld County.
The successful bidder stipulates that it has met the insurance requirements identified herein. The
successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of
all materials and services provided, the timely delivery of said services, and the coordination of all
services rendered by the successful bidder and shall, without additional compensation, promptly
remedy and correct any errors, omissions, or other deficiencies.
INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any
type or character arising out of the work done in fulfillment of the terms of this Contract or on account of
any act, claim or amount arising or recovered under workers' compensation law or arising out of the
failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree.
Weld County, its subsidiary; parent, associated and/or affiliated entities, successors, or assigns, its
elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds
with respect to liability arising out of the activities performed by, or on behalf of the successful bidder.
The successful bidder shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons. or property on account of its performance under this Agreement or
its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect
of The successful bidder in its methods or procedures; or in its provisions of the materials required
herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or
other law. ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It
is agreed that the successful bidder will be responsible for primary loss investigation, defense and
judgment costs where this contract of indemnity applies, In consideration of the award of this contract,
the successful bidder agrees to waive all rights of subrogation against the County its associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers for losses arising from the work performed by the successful bidder for the County A failure
to comply with this provision shall result in County's right to immediately terminate this Agreement.
BID REQUEST#B1500146 Page 7
Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any
Agreement, insurance in the following kinds and amounts
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the successful bidder's employees acting within the course and scope of their
employment. Policy shall contain a waiver of subrogation against the County. This requirement shall
not apply when a successful bidder or subcontractor is exempt under Colorado Workers'
Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole
proprietor waiver form
Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an
insured contract, and defense costs,with the minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate.
$1.000,000 Personal Advertising injury
Automobile Liability: Successful bidder shall maintain limits of$1,000,000 for bodily injury per person,
$1.000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all
vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned
vehicles used in the performance of this Contract.
Pollution Liability: The successful bidder shall indemnify, hold harmless and, not excluding Weld
County 's right to participate, defend, Weld County and its officers, officials, agents and employees (as
"Indemnitee") from and against any and all demands, claims, complaints, losses, damages, actions or
causes of action, assessments. liabilities, costs or expenses including, without limitation, interest,
penalties and reasonable attorney's fees and reasonable expenses of investigation and remedial work
(including investigations and remediation by engineers, environmental consultants and similar technical
personnel) asserted against or imposed upon or incurred by Indemnitee arising in connection with, or
resulting from, any Environmental Law, including but not limited to, any use, generation, storage, spill,
release. discharge or disposal of any hazardous substance that is now or comes to be located on, at,
about or under the property or because of, or in connection with, the violation of any Environmental Law
(hereinafter collectively referred to as "claims") to the extent that such claims are caused by the fault of
the Indemnitor, its officers, officials, agents, employees, contractors, volunteers tenants, subtenants,
invitees or licensees. As used in this section, (a) "hazardous substances' are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances. gasoline, kerosene, or other petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials: (b)
"Environmental Law" means federal, state or local laws and regulations, including common law, that
relate to health, safety or environmental protection; and (c) "fault" means those nonculpable acts or
omissions giving rise to strict liability under any Environmental Law pertaining to hazardous
substances, as well as culpable conduct (negligence or willful misconduct). In consideration of the
award of this contract, the Contractor agrees to waive all rights of subrogation against Weld County its
officers, officials, agents and employees for losses arising from the work performed by the Contractor
for Weld County. The Policy shall include coverage for on and off-site cleanup of known and unknown
new and pre-existing conditions, claims resulting from bodily injury, property damage, or cleanup costs
associated with a pollution condition from the transported cargo The policy shall provide for cleanup
costs when mandated by governmental entities, when required by law. or as a result of third-party
claims. If the Scope of Services in this Contract requires the transportation of any hazardous material
or regulated substances. the Contractor shall carry Auto Liability with a CA 9948 endorsement (or its
equivalent.
BID REQUEST#81500146
Page 8
The successful bidder warrants that any retroactive date under the policy shall precede the
effective date of this Contract; and that either continuous coverage will be maintained or an
extended discovery period will be exercised for a period of two (2) years beginning at the time
work under this Contract is completed.
Minimum Limits:
Per Loss $ 5,000.000
Products/Completed Operations Aggregate $ 5,000.000
Successful bidders shall secure and deliver to the County at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of the Agreement as the same may
be extended as herein provided, a commercial general liability insurance policy, including public
liability and property damage, in form and company acceptable to and approved by said Administrator,
covering all operations hereunder set forth in the Request for Bid.
Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate
of insurance, a policy, or other proof of insurance as required by the County's Risk
Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor
liability, and inland marine, Successful bidder's insurer shall name County as an additional
insured.
Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation
rights against County.
Subcontractors: All subcontractors. subcontractors, independent contractors, sub-vendors, suppliers
or other entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of Successful
bidder. Successful bidder shall include all such subcontractors, independent contractors, sub-
vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors
maintain the required coverages. Successful bidder agrees to provide proof of insurance for all
such subcontractors, independent contractors, sub-vendors suppliers or other entities upon
request by the County.
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the
Response to the Bid each of which forms an integral part of this Agreement. Those documents are
specifically incorporated herein by this reference.
BID REQUEST#81500146
Page 9
SCOPE OF WORK AND PROPOSED PRICING:
This bid is to replace a the 3r° floor portion of the roof located at the Weld County Plaza building located at 822
7th Street, Greeley, CO.
This is a turn-key bid and will require the following:
1 The new roof will be fully ballasted EPDM type. Reuse of existing ballast is anticipated. Any additional
ballast material shall be included in the bid.
2. Roof shall carry a 20-year manufacturers and installation warranty. The 20-year warranty will be for
Labor and Materials. This will require the inspection of the manufacturer to certify warranty. Results
are to be provided to County.
3. New 2-foot by 2-foot walk pads shall be located in same places as existing small pavers and around
equipment, Existing pavers will need to be removed.
4. New metal cap is not required. However, any cap that is not useable must be replaced and included in
the bid.
5 All penetrations and transitions shall be properly sealed and meet manufacturer's warranty.
6. Installation of new cover board will be required. All cover board and fasteners shall comply with
manufacturer's specifications.
7. Roof will be installed/attached in accordance with manufacturer's recommendations
8. Provide name of manufacturer along with appropriate cut sheets and warranty information with bid.
9. Provide detail of what is included and excluded from bid
10 Payment and Performance bond is required for 100% of contract amount.
PRICING:
ROOF TOTAL $
START DATE
FINISH DATE
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth
in the request for proposal for Request No. #81500146.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and
local taxes.
3. He or she is authorized to bind the below-named bidder for the amount shown on the
accompanying proposal sheets.
4. The signed bid submitted, all of the documents of the Request for Proposal contained herein
(including, but not limited to the product specifications and scope of services), the formal
acceptance of the bid by Weld County, and signature of the Chair of the Board of County
Commissioners, together constitutes a contract, with the contract date being the date of signature
by the Chair of the Board of County Commissioners.
5 Weld County reserves the right to reject any and all bids, to waive any informality in the bids. and to
accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of
Weld County
BID REQUEST#B1500146 ---------
Page 10
FIRM
BUSINESS
ADDRESS
CITY, STATE, ZIP CODE
TELEPHONE NO FAX TAX ID#
PRINTED NAME AND TITLE
SIGNATURE
E-MAIL
DATE
**THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 9.
ATTEST BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY.
Deputy Clerk to the Board Barbara Kirkmeyer, Chair
APPROVED AS TO SUBSTANCE
Elected Official or Department Head
Director of General Services
BID REQUEST#81500146
Page 11
Below are the answers to questions that occurred during the pre-bid meeting for the 3"t floor roof
replacement- Plaza Bldg at 822 7`t' Street hid (B1500146) which was held on July 14, 2015.
1. Is a Bid bond required`?
Answer: No.
2. Where do We get the permit for the street for crane operations?
Answer: Through the City of Greeley.
3. When is the cut-off for questions regarding this bid?
Answer: July 21, 2015.
Do ou want the old condenser and steel components removed from the roof while we
have the crane on-site?
Answer: Yes. Removal of the old condensing unit, steel components and concrete
pavers the condensing unit is setting on will be removed from the roof by the crane
you have on-site.
5. Do you have any drawings to show the original roof and insulation?
Answer: Yes. See drawings Sheet 21 and 22 on web site.
6. The hid states walk pads. Do you mean payers? If so. how many?
Answer: The intent is to install 2-foot by 2-foot concrete pavers. The quantity shall
be 100 each.
Below are the answers to questions that have been received regarding the Roof Replacement
for the Plaza Building 3 d Floor bid (B15000146) located at 822 7th Street, Greeley, CO.
1, What is the thickness of the membrane to he installed under this contract, (i.e. 45,60 .90
mil)?
Answer: Bidders are required to submit their proposed roofing solution that meets
the warranty requirements.
2. Item 43 in the scope of work calls for new 2 x 2 walk way pads located at same place as
existing 12" x 12" pavers that are to he removed and at around roof equipment. The one
existing I-IVACC unit is to be removed, do we still install pavers around one exhaust fan
that is to remain'?
Answer: Per walk-through and questions,the quantity of pavers is 100 each
3. Scope of work item k l calls for any addition to be included in the bid. Will 3" perimeter
high wind gravel ballast be required as the additional ballast per local code requirements.
Answer: This is a turn-key installation. Verify local requirements with Weld
County Planning and Building inspections Department.
4. At the IIVAC unit to be removed are the existing gas and electrical already disconnected''
If not who is responsible for disconnecting these?
Answer: this unit is already disconnected. If anomalies are found, County will
assume those responsibilities.
5. Is there new coping cap to be installed, as there is no existing cap flashing at the
perimeter walls or is membrane to be terminated with new termination bar similar to
existing'?
Answer: Installation must meet 20 year manufacturer's and installation warranty.
Contractor's proposed solution/manufacturer specs shall accompany bid
6. Is existing rooting and insulation to be completely removed to the roof deck or is the
existing roof insulation to be left in place'?
Answer: Anticipated to be left in place.
7. It'the existing insulation is to he removed, what is the type, thickness and "R" value
required for the new roof insulation to he installed'?
Answer: Anticipated to be left in place.
K. kVhat is the existing roof assemble (thickness of insulation and cover board)''
Answer:Only available roof detail was already provided as attachment to Bid. Information
posted on Rocky
9. What is the roof deck type, thickness and is it structurally sloped?
Answer:Only available roof detail was already provided as attachment to Bid. Information
posted on Rocky
10. Is a cover board to be installed, if so what type?
Answer: Installation must meet 20 year manufacturer's and installation warranty.
Contractor's proposed solution/manufacturer specs shall accompany bid
11. Are sales tax to he included in the proposal?
Answer: Weld County is tax exempt
1?. Is there a separate roofing permit fees to be included?
Answer: Roofing permits will be obtained through Weld County Planning and
Building Inspections Department. Fees for this will be waived
13. What is the term of the contractors guarantee?
Answer: Installation must meet 20 year manufacturer's and installation warranty.
14. Is a 100°'0 performance and payment required?
Answer: If total is over$50,000, yes.
15. Can we submit a hid on our proposal form or does it have to be listed on the scope of
work and proposal pricing form as shown on pages 10 & 11 of the documents?
Answer: You can submit on your form. Just annotate to "See Attached" with
appropriate signatures and blanks filled in on the bid documents.
SCOPE OF WORK AND PROPOSED PRICING:
This bid is to replace a the 3`i floor portion of the roof located at the,held County Plaza building located at 822
7' Street, Greeley CO
This is a turn-key bid and will require the following
1 The new roof will be fully ballasted EPDM type. Reuse of existing ballast is anticipated. Any additional
ballast material shall be included in the bid.
2. Roof shall carry a 20-year manufacturers and installation warranty The 20-year warranty will be for
Labor and Materials. This will require the inspection of the manufacturer to certify warranty. Results
are to be provided to County.
3 New 2-foot by 2-foot walk pads shall be located in same places as existing small pavers and around
equipment. Existing pavers will need to be removed
4. New metal cap is not required. However. any cap that is not useable must be replaced and included in
the bid
5 All penetrations and transitions shall be properly sealed and meet manufacturer's warranty.
6. Installation of new cover board will be required. All cover board and fasteners shall comply 'with
manufacturer's specifications.
7. Roof will be installed/attached in accordance with manufacturer's recommendations
8. Provide name of manufacturer along with appropriate cut sheets and warranty information with bid
9. Provide detail of what is included and excluded from bid
10 Payment and Performance bond is required for 100% of contract amount.
PRICING:
ROOF TOTAL $84,944.00
START DATE 9/14/15
FINISH DATE 10/9/15
The undersigned, by his or her signature, hereby acknowledges and represents that:
1 The bid proposed herein meets all of the conditions, specifications and special provisions set forth
in the request for proposal for Request No. #B1500146
2. The quotations set forth herein are exclusive cf any federal excise taxes and all other state and
local taxes.
3 He or she is authorized to bind the below-named bidder for the amount shown on the
accompanying proposal sheets.
4. The signed bid submitted. all of the documents of the Request for Proposal contained herein
(including, but not limited to the product specifications and scope of services). the formai
acceptance of the bid by Weld County, and signature of the Chair of the Board of County
Commissioners. together constitutes a contract. with the contract date being the date of signature
by the Chair of the Board of County Commissioners.
5 Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to
accept the bid that. in the opinion of the Board of County Commissioners, is to the best interests of
Weld County
FIRM Colorado Moisture Control, Inc.
BUSINESS
ADDRESS 4950 E 56th Ave
CITY, STATE, ZIP CODE Commerce City, CO 80022
TELEPHONE NO (303) 447-9400 FAX(303) 282-8778 TAX ID# N/A
PRINTED NAME AN TITLE Rich Cohen—President
SIGNATURE
E-MAIL err c 1
DATE 7/28/15
**THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -9.
ATTEST- BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY
Deputy Clerk to the Board Barbara Kirkmeyer Chair
APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
Director of General Services
BID REQUEST#B1500146 Page 2
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Rev 01/15
Versico, a division of Carlisle Construction Materials Incorporated 4 This Warranty that be null and void if any of the following snail occur
(Versico) woi runts .0 the Building Owner(Owner) of the building described ia)If after installation of the Version Total Roofing System by a Versico
below that subject to the terms conditions, and limitations stated in this Authorized Porting Contractor there are any alterations or repairs made on
warranty Versico will repair any leak .n the Version Total Roofing System or through the roof or objects such as, but rot limited to, structures, fixtures.
(Versico Total Roofing System) instailed by a 'versioo Authorized Roofing solar panels, wind turbines roof gardens or utilities are placed upon or
Contractor for a period of years commencing with the date it Vet'-into a attached to the roof without`irst obtaining written authorization from Versico
acceptance of the versicc Total Roofing System installation However, in no or
event shall Versico s obligations extend beyond years subsequent to the it)) Failure oy the Owner to use reasonable care in maintaining the
date of substantial,,ompletion or the Versico Total Roofing System See below roof, said maintenance to include but not be limited to,those items listed on
for exact date of warranty expiration Versico'' Care 4. Maintenance information sheet which accompanies this
The Versico Totai Roofing System is defined as :he following Versico Warranty
brand Materials Membrane ;lashings. Adhesives and Sealants. Insulation 5- Only Versico brand insulation products are covered by this
Cover Boards Fasteners, Fastener Plates Fastening Bars. Metal L'Jerk_ warranty Versico specifically disclaims liability under any theory of law for
insulation Adhesives and any other Versico brand products utilized in this damages sustained by or caused by non-Versico brand insulation products
Installation 6 During the term of this Warranty Versico shall have free access to the
TERMS.CONDITIONS.LIMITATIONS roof during,egular business hours
t)wnctr shall prov de Versico with written notice via 'etter fax or email 7 Versico shall have no obligation under this Warranty while any bills for
within thirty t30r days of the discovery of any leak in the•/ersico Total Rooting installation,supplies services,and warranty charges have not been paid in full
System Owner should send 'mitten notice of a teak to Versico's `Marran'y to the Versico Authorized Roofing Contractor,Versico,or material suppliers
Services Department at the address set forth at the bottom of this warrants By 8 Versico's failure at any time to enforce any of the terms or conditions
sr, notifying Versico the Owner authorizes Versico or its designee to stated herein shall not be construed to be a waiver of such provision.
investigate the cause of the leak. Should the'nvestigation reveal the cause ;t 9 Versico shall not be responsible for the cleanliness or discoloration of
the leak to be outside the scope of this Warranty investigation and repair costs the Versico Total Roofing System caused by environmental conditions
tO'this service shall be paid by the Owner including.but not limited to, dirt,pollutants,or biological agents
2 if Joon inspection. Versico determines that the leak is caused by 10 Versico shall have no liability under any theory of law for any claims
detects in the Versico Total Roofing System's materials or workmanship of the repairs, restoration, or other damages including but not limited to
Versico Authonzeri Roofing Contractor n installing the same, Owner's consequential or incidental damages relating. directly or indirectly to the
remedies and'Versicoa liability shall ne limited'o Versico's repair of the eak presence of any irritants.contaminants vapors,fumes,molds fungi, bacteria
3 This Warranty shall not he applicable if. upon Versico s inspection spores, mycotoxins or the like in the building or in the air land or water
Versico determines that any of the following has occurred serving the building
jai The Vera 0 Total Roofing System is damaged by natural cisasters 11 This warranty shall be transferable upon a change in ownership at
vciuo..ng but not limited to lightning fire, insect infestations earthquake the building when the, owner has completed certain procedures including a
tornado-nail.nurncanes and winds of:3 second}peak.lust speeds of mph'ai transfer fee and an inspection of the Roofing System by a Versico
nigher measured at 10 meters above ground or representative
ibi i_oss of integrity of the building envelope and an structure including.
but not limited In partial or complete.loss of root decking, wall siding.windows. VERSICO DOES NOT WARRANT PRODUCTS UTILIZED IN THIS INSTALLATION
doors or other enveicpe. components or from roof damage by wind-blown WHICH IT HAS NOT FURNISHED,AND SPECIFICALLY DISCLAIMS LIABILITY,UNDER
objects or ANY THEORY OF LAW,ARISING OUT OF THE INSTALLATION AND PERFORMANCE
ci The Versico Total Roofing System,s damaged Oy any intentionalJr OF.OR DAMAGES SUSTAINED BY OR CAUSED BY, PRODUCTS NOT FURNISHED
negligent. acts. Verso;
ts. misuse abuse.em s dam. gieil dtsobe intent or the BY VERSICO OR THE PRIOR EXISTING ROOFING MATERIAL OVER WHICH THE
VERSICO ROOFING SYSTEM HAS BEEN INSTALLED
'Ike
Detenoratir,n t;r failure of building components including. but not THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR
aai^ited to the 'Oct substrate. malls mortar HVAC units non-Versico brand FAILURE OF THE VERSICO TOTAL ROOFING SYSTEM OR ITS COMPONENTS.
metal work etc occurs and causes a'oak or otherwise damages the Versico THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED,INCLUDING THE
T;tar Rotting System or IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND
a� Aing Oils harmful Chemicals and the like came in contact with the MERCHANTABILITY, WHICH EXTEND BEYOND THE FACE HEREOF. VERSICO
▪ siie Total Roofing System and cause a 'elk. )r come
co damage the SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER
g DAMAGES INCLUDING,BUT NOT LIMITED TO,LOSS OF PROFITS OR DAMAGE TO
,ersico Total Roofing System THE BUILDING OR ITS CONTENTS UNDER ANY THEORY OF LAW.
ft The /ersico Total Roofing System encounters leaks or is otherwise
=iarrayed by condensacon resulting from any condition v'thin the ouiiding that
may generate moisture
OWNER.
BUILDING
ROOFER:
DATE INSTALLATION COMPLETED
DATE OF ACCEPTANCE BY VERSICO WARRANTY NUMBER:
WARRANTY EXPIRATION DATE: VERSICO.a division of Carlisle Construction Materials Incorporated
eox ,189 Carisie a;, r';u3 BY
HCGi952 '543 7," 950.4035 '-,X
Kimberly Dewey
From: Dan Cohen <dancohen@cmcroofing corn>
Sent: Tuesday. July 28, 2015 10:39 AM
To: Kimberly Dewey Rose Everett
Subject: Fwd: Roof Replacement/Portion Plaza Building 3rd Floor
Attachments: 3RD FLOOR PLAZA BID FORM.pdf- Versico_Ballasted_Roofing_System_Sheet.pdf:
Versico_Total_System_Warranty.pdf
Kim and Rose,
See below and the attached. Please call me upon receipt of this email at 970-214-9933.
Thank you,
Dan
Forwarded message
From: Dan Cohen <dancohenacmcroofing.com>
Date: Tue. Jul 28. 2015 at 8:12 AM
Subject: Roof Replacement:Portion - Plaza Building 3rd Floor
To: bids_ :weldPov.com
Cc: Rich Cohen <richcohena cmcroofing.eom>, Brad Titus <bradtitus i4cmcroofing.com>
To whom it may concern.
Please see the attached bid form for the Plaza Building 3rd Floor, cut sheets and warranty information. I hereby
\\ai\e my right to a sealed bid.
Thank you.
Dan
+a� i861 DEPARTMENT OF BUILDINGS AND GROUNDS
' t j r, r'� .-� �1�� PHONE: (970) 304-6531
- � :�i FAX: (970)304-6532
I'
I �'N '�� l� I WEBSITE:www.co.weld.co.us
COu TY= w 1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
August 11, 2014
To: Board of County Commissioners
From:Toby Taylor
Subject: Roof Replacement—Plaza Building 3`d Floor; Bid#61500146
As advertised, this bid is to perform a replacement of the 3`d floor roof located at the the Weld Plaza
Building at 822 7th Street. The low bid received was from Colorado Moisture Control and meets
specifications. Therefore, Buildings &Grounds is recommending the bid be awarded Colorado Moisture
Control for$84,944.00.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
-a4-7I
WELD COUNTY PURCHASING
1150 O Street Room #107, Greeley CO 80631
r ' E-mail: mwalters(c�co.weld.co.us
r....-��� E-mail: reverettr�co.weld.co.us
+� J Phone: (970) 356-4000, Ext 4222 or 4223
O U N! Fax: (970) 336-7226
DATE OF BID: JULY 28, 2015
REQUEST FOR: ROOF REPLACEMENT-PLAZA BLDG 3RD FLOOR
DEPARTMENT: BUILDING & GROUNDS DEPT
BID NO: #61500146
PRESENT DATE: JULY 29, 2015 (WILL RE-PRESENT ON 8/3/15)
APPROVAL DATE: AUGUST 12, 2015 (AUGUST 17TH, 2015
START FINISH
VENDOR TOTAL DATE DATE
COLORADO MOISTURE CONTROL $84,944 9/14/15 10/9/15
4950 E. 56TH AVENUE
COMMERCE CITY CO 80022
TECTA AMERICA COLORADO LLC $90,974 9/21/15 11/30/15
1881 W 13TH AVENUE
DENVER CO 80204
ADVANCED ROOFING TECHNOLOGIES $99,500(epdm ballast) ----
4496 BENTS DR, UNIT C $4,500 (sheet metal)
WINDSOR CO 80550
FRONT RANGE ROOFING SYSTEMS $127,750 10/15/15 12/15/15
222 13TH AVENUE
GREELEY CO 80631
CENTRAL STATES ROOFING & INSULATING CO $169,300 10/5/15 11/06/15
5925 OMAHA BLVD
COLORADO SPRINGS CO 80915
**TOBY IS REVIEWING THE BIDS AT THIS TIME
aci a471
WELD COUNTY PURCHASING
1150 O Street Room #107, Greeley CO 80631
1 E-mail: mwaltersCa�co.weld.co.us
r E-mail: reverett( co.weld.co.us
P Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: JULY 28, 2015
REQUEST FOR: ROOF REPLACEMENT-PLAZA BLDG 3RD FLOOR
DEPARTMENT: BUILDING & GROUNDS DEPT
BID NO: #B1500146
PRESENT DATE: JULY 29, 2015
APPROVAL DATE: AUGUST 12, 2015
START FINISH
VENDOR TOTAL DATE DATE
COLORADO MOISTURE CONTROL $84,944 9/14/15 10/9/15
4950 E. 56TH AVENUE
COMMERCE CITY CO 80022
FRONT RANGE ROOFING SYSTEMS $127,750 10/15/15 12/15/15
222 13TH AVENUE
GREELEY CO 80631
**TOBY IS REVIEWING THE BIDS AT THIS TIME
2015-2471
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