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Home My WebLink About20154072.tiff RESOLUTION RE: APPROVE RETROACTIVE AGREEMENT FOR SERVICES AND MATERIALS AND AUTHORIZE CHAIR TO SIGN -VARRA COMPANIES WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Retroactive Agreement for Services and Materials between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of Emergency Management, and Varra Companies, commencing September 23, 2013, and ending December 20, 2013, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Retroactive Agreement for Services and Materials between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Office of Emergency Management, and Varra Companies, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of December, A.D., 2015, nunc pro tunc September 23, 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, OLORADO ATTEST: � • 'cA a Barbara Kirkm er, Chai Weld County Clerk to the Board .,ISO -P-- BY 4d 1 /��~�► ike Freeman, Pro-Tern J Deputy Clerk to the Boar. USED 'n P. Conway ��1�►�i �� u APP' r 9' D AS P) . ,u ie A. Cozad ty torney 214—e7--u.e....E-v,' Steve Moreno Date of signature: / °f lLa e,e : Oak* (00; "iad 2015-4072 EM0016 BC0045 1_02. /(o RETROACTIVE AGREEMENT FOR SERVICES AND MATERIALS BETWEEN WELD COUNTY AND VARRA COMPANIES THIS AGREEMENT is made and entered into this irday of , 201 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 Varra Companies, a corporation, who whose address is 8120 Gage St., Frederick, CO 80516, hereinafter referred to as "Contractor". WHEREAS, high levels of rainfall in September, 2013, resulted in widespread flooding within Weld County and other areas of Northern Colorado, and WHEREAS, such flooding was extreme in nature and caused extensive damage to public highways, bridges, and other property and posed a grave danger to the residents of Weld County, and WHEREAS, Weld County roads needed repair as a result of the flooding, (hereinafter referred to as the "Project"), and WHEREAS, in the interests of public health, safety and welfare, it was necessary to undertake the repair of these roads, and WHEREAS, the County and Contractor negotiated a bid which is attached exhibit A, which was signed on September 26, 2013, and WHEREAS, in order for the County to clarify the term, scope, and cost of the projects, an amended agreement is needed, 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 Exhibit A each of which forms an integral part of this Agreement. Exhibit A is specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibit A defines 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. B1300175"as well as the response from the Contractor. 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 faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibit A the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 2015-4072 3. Term. The term of this Agreement begins upon September 23, 2013, and ends upon December 20, 2013. 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. 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 Project, and County's acceptance of the same, County agrees to pay an amount no greater than $85,395.57. Contractor acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contractor under the terms of this Agreement for any amount in excess of the sum above. 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. 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 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 work 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, insurance covering all operations, goods or services provided pursuant to this request. 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. 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. 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. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this ow day of CONTRACTOR: VARRA COMPANIES ad By: L..— Date 6'I G I 20/6 Name: Ch"risfopine+' L Va-era Title: es'‘A d erti- WELD COUNTY: E_�'`�``` ATTEST: dderjet) • OARD OF COUNTY COMMISSIONERS Weld o my Clerk to th WELD COUNTY, COLOR DO Deputy CI=j to the Bo ..- arbara Kirkmeyer, C it DEC 3 0 2015 APPROVED AS T FU DING: APP VED AS • SUBS NCE: Controller Ele ! '-I or Depa ' ent Head PROV AS TO FORM: /v Director of eneral Services County Attorney 45--•//d EXHIBIT Marcia Walters AL From: Amanda Goss[AGoss@varracompanies.cornl Sent: Thursday, September 26, 2013 9:58 AM To: Marcia Walters Subject: Quote Attachments: SKMBT_C45013092609290.pdf ailhowk vArtrlw COMPANIES Amanda Goss Phone: (303)666-6657 Estimator/Project Manager Cell:a (303)720) 4 Fax: 666-6743 HI Sand Ill Gravel Ill Recycled Materials Ill Ready Mix Concrete Ill • • • REQUEST • • #81300175 • BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: SEPTEMBER 24,2013 PAGES 1 -6 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 -5 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 5. I. NOTICE TO BIDDERS' A. The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as,"Weld County"),wishes to purchase the following: ROAD BUILDING MATERIALS PUBLIC WORKS DEPT B. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room#107, Greeley CO 80631 until: THURSDAY,SEPTEMBER 26T",_2013 CD 10:00 AM (PURCHASING TIME CLOCK), II. INVITATION TO BID: A. Weld County requests bids for the purchase of the above-listed merchandise, equipment, and/or'services. B. Said merchandise and/or equipment shall be delivered to the location(s)specified herein. C. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and • shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. D. If mailed, bids should be in put in a sealed envelope that has the bid number and title of the bid typed or printed in plain sight. One original and one copy of the Bid must be submitted at the time of the bid opening. One complete bid document, which will be the only official copy of the bid, shall be filed at the purchasing department. After certification of the bid, by purchasing, the other copy will be sent to the applicable department(s) for review. The mailing address for this bid is: Weld County Purchasing Dept, 1150 'O" Street Room #107, Greeley CO 80631, Bids may be faxed to 970-336-7226 attention purchasing; and the vendor must include the following statement on the facsimile, "I hereby waive my right to a sealed bid". Bids may be emailed to: mwaltersC)co weld co us or rcveretts o weld cc) us. We will send you an email confirmation when we receive your bid/proposal. (Emailed bids are appreciated) Bid information and bid tabulations can be found at: http.irwww.cc.).weld.co,us/Departments/Purchasinqiindex.html (Please check website for new information/addenda before submitting your bid.). 1 ' III. INSTRUCTIONS TO BIDDERS' A. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the • name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word"president,""secretary,""agent,"or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services,satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions,requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. B. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services, said request being received from the withdrawing bidder prior to the time fixed for opening. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened, C. Bidders are expected to examine the conditions,specifications, and all instructions contained herein. Failure to do so will be at the bidders'risk. • D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein, unless specifically requested by the special instructions attached hereto. Any proposal which fails to • comply with the letter of the instructions and specifications herein may be rejected. E. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section I., entitled, "Notice to Bidders." F. When approximate quantities are stated,Weld County reserves the right to increase or decrease quantity as best fits its needs G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. . H, Any item supplied to Weld County shall be new and of the manufacturer's current model unless'otherwise specified. I. In accordance with Section 14-9(3)of the Weld County Home Rule Charter,Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also •- understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110(when it is accepting bids for the purchase of any books,stationery, records, printing, lithographing or other supplies for any officer of Weld County). J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. K. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing and signed by Weld County's Director of General Services. No employee of Weld County is authorized in any way to modify any of the terms,conditions, or specifications of this bid without written . approval of said Director of General Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid • specification and proposal sheets and returned with the bid. • 2 ( L. The successful bidder shall indemnify and hold harmless Weld County against all claims for royalties,for patents or suit for infringement thereon,which may be involved in the manufacture or use of the material to be furnished. M. The successful bidder certifies that it shall comply with the provisions of C.R.S.§ 8-17.5-101, et seq. The successful bidder shall not knowingly employ or contract with an illegal alien to perform work under the contract or enter into a contract with a subcontractor that fails to certify to the successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the contract. The successful bidder represents,warrants, and agrees that it: (a)has verified that it does not employ any illegal aliens,through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and(b)otherwise will comply with the requirements of C.R.S §8-17.5-102(2)(b). The successful bidder shall comply with all reasonable requests made in the course of an investigation under C.R.S.§8-17.5-102 by the Colorado Department of Labor and Employment. If the successful bidder fails to comply with any requirement of this provision or C.R.S.§8-17.5-101, et seq.,Weld County may terminate the contract for breach and the successful bidder shall be liable for actual and consequential damages to Weld County. Except where exempted by federal law and except as provided in C.R.S. §24-76 5-103(3), if the successful bidder receives federal or state funds under the contract, the successful bidder must confirm that any individual natural person eighteen(18)years of age or older is lawfully present in the United States pursuant to C.R S. §24-76.5-103(4), if such individual applies for public benefits provided under the contract. If the successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it:(a)is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)shall produce one of the forms of identification required by C.R.S. §24-76.5-101, et seq., and(c) shall produce one of the forms of identification required by C.R.S. §24-76.5-103 prior to the effective date of the contract N. All goods shall remain the property of the seller until delivered to and accepted by Weld County. • O. Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. P. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein(including, but not limited to, product specifications and scope of services), and the • formal acceptance of the bid by Weld County,together constitutes a contract,with the contract date being the • date of formal acceptance of the bid by Weld County. Q 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. • R. Upon the election by Weld County, no delivery of materials, equipment or services shall become due or be accepted unless a purchase order shall first have been issued by the Weld County Director of General Services, It is understood that it is necessary for all invoices to be made out to"Weld County, Colorado,"not to the Department securing the merchandise. All invoices should be sent to: Weld County, Accounting Department, P. O. Box 758, Greeley, Colorado 80632. • S. These instructions,the proposal forms, and specifications have been developed with the hope of.raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. T. Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information the word, and"CONFIDENTIAL.'Bidders are warned that financial information submitted without such denotation may be subject to public disclosure, pursuant to the terms • of the Colorado Open Records Act. • IV DEFINITIONS • A. "Standard:" When the word"standard"is used in the specification to describe an item of equipment or in • assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation,without the modification or omission of any of 31 its usual parts or the substitution of others therefore, except as hereafter specified,details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. 6. "Reputable Manufacturer:"A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three(3)instances and the performance of such equipment has been satisfactory. • Manufacturers having been engaged in the business of manufacturing said equipment for a period of one(1)year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. • C. "Or Equal."The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design,efficiency, and quality desired and shall not be construed in such a manner as to exclude • manufacturer's equipment of comparable quality, design, and efficiency. ' V. GENERAL SPECIFICATIONS, CONDITIONS AND INFORMATION i A. Design: Any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment • shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line • with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. • B. Pre-delivery Service: Office equipment is to be delivered, as directed,unpacked, assembled, cleaned and adjusted for immediate use at a location designated by the Weld County Director of General Services. Motor • vehicles and other items of equipment shall be ready for immediate use at the time of delivery to a designated • • location. The equipment shall be clean and all instruments properly adjusted. The inflation of tires must be checked, lubrication completed,the crank case checked for proper oil level, and any other servicing normally provided by dealers shall be performed. Operating and maintenance manuals shall be provided'at the time of delivery. Parts and price lists shall be included when special equipment is purchased or when requested by Weld County. C. Acknowledgment and Delivery Schedule of Initial Order: Time is of the essence. A delivery schedule of not more • than calendar days after receipt of the order shall be deemed reasonable and serve the best interests of • Weld County. Proposals exceeding this schedule may be rejected. Delivery will be made on or before • The successful bidder shall acknowledge the receipt of the order and certify delivery as scheduled. D. Warranty: The successful bidder shall warrant that: • 1. The goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and • • 2. The goods are merchantable,of good quality, and free from defects,whether patent or latent, in material or workmanship: and 3. The goods sold to Weld County, pursuant to this bid,conform to the minimum Weld County specifications as established herein The successful bidder shall further warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests All warranties made by the successful bidder, together with service warranties'and guarantees shall run to Weld County and its successors and assigns. E. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and 4I 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. F General Information: Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. • G. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid,Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. H. 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. I. 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. • J. 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. K. 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. • L. 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. M. 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. • N. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. • O. 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 5I . • • Project Description: The project in general consists of supplying road building materials to Weld County on an emergency basis. Quantities of materials to be purchased are unknown at this time. Material prices will include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all materials except flow fill will be Weld County or County approved contractors. Flow fill will be delivered to the job site on an as-needed basis. • Provide the requested information for multiple gravel pit locations. Weld County has sustained damage to County Roads throughout the County. Weld County may select multiple vendors for materials. Selection of vendors will be dependent upon:cost,proximity to job location,and availability of materials. • Pit Name: z.ac• Pit ' Pit Location(Address, Cross Roads,Etc.) Unit Quantity Material Units Price Available Comments 18"Concrete Riprap Ton i``c ": .. f- • 12"Concrete Riprap Ton ` • 18" Rock Riprap Ton NO Quote 12"Rock Riprap Ton _ - r.� ,tL O t te Class 6 Concrete Road Base Ton No QLI0;`-' Class 6 Aggregate Road Base Ton `;:7 !;O . `a0 Pit Run Ton $5.f50 10.000 +I- Flow fill CY ••-• :!a:,:;,,;a:'r; pi! Weld County Spec Class 1 Structural Fill Ton $:?,50 Crushed Concrete Ton o ++ •+ '+ • Concrete Rubble Ton No,.;vc:::. „•-%+. ;, . The specification for the Weld County fiowable fill (Lean Pipe Encasement) mix: Compressive strength F'c= 1000 psi @ 28 days ASTM C150 TYPE I-II Minimum 329 lbs. • COURSE AGGREGATE ASTM-C33—Minimum 1000+Ibs FINE AGGREGATE ASTM-033—Minimum 2000+Ibs • AIR ENTRAINMENT AGENT(SIKA AIR) ASTM-C260—Minimum 1.0 OZ/CU YD ASTM POTABLE WATER—MINIMUM 150+Ibs Physical Properties: Slump:6.00—8.00 Air Content: 5,0—7.0% w/c+ p ration 1.00 6 Project Description; The project in general consists of supplying road building materials to Weld County on an emergency basis. Quantities of materials to be purchased are unknown at this time. Material prices will include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of ail materials except flow fill will be Weld County or County approved contractors. Flow fill will be delivered to the job site on an as-needed basis. Provide the requested information for multiple gravel pit locations. Weld County has sustained damage to County Roads throughout the County. Weld County may select multiple vendors for materials. Selection of vendors will be dependent upon:cost,proximity to job location,and availability of materials. Pit Name: ....,., I'; > i Pit Location Address,.Cross Roads,Etc.) Unit I Quantity Material Units Price I Available Comments 18"Concrete Riprap Ton .;;� Quole 12"Concrete Riprap Ton NC.; Quote 18" Rock Riprap Ton .- -_- -_ 12"Rock Riprap Ton No (hob"' - 1 Class 6 Concrete Road Base Ton " '""' NC Qiio'e Class 6 Aggregate Road Base Ton S0 0 4,000 +. • Pit Run Ton tt .50 10.000 +/- Flow fill CY ;:. ;:.:::;!:,,,.<; Weld County Spec Class 1 Structural Fill Ton S3.50 Crushed Concrete Ton Concrete Rubble Ton The specification for the Weld County flowable fill(Lean Pipe Encasement) mix: Compressive strength F'c= 1000 psi @ 28 days ASTM C150 TYPE I-II Minimum 329 lbs. COURSE AGGREGATE ASTM-C33— Minimum 1000+lbs FINE AGGREGATE ASTM-C33—Minimum 2000+Ibs AIR ENTRAINMENT AGENT (SIKA AIR)ASTM-C260—Minimum 1.0 OZ/CU YD ASTM POTABLE WATER-MINIMUM 150+Ibs Physical Properties: Slump: 6.00-8.00 Air Content: 5.0-7.0% w/c + p ration 1.00 • • 61 • Project Description: The project in general consists of supplying road building materials to Weld County on an emergency basis. Quantities of materials to be purchased are unknown at this time, Material prices will include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all materials except flow fill will be Weld County or County approved contractors. Flow fill will be delivered to the job site on an as-needed basis. Provide the requested information for multiple gravel pit locations. Weld County has sustained damage to County Roads throughout the County. Weld County may select multiple vendors for materials. Selection of vendors will be dependent upon:cost,proximity to job location,and availability of materials. Pit Name: Crec-e,, 3G:,:.,•. . `lai Pit Location(Address,Cross Roads,Etc.) .. Unit Quantity -- — —Material Units Price Available Comments 18"Concrete Riprap Ton No QuotE: 12"Concrete Riprap Ton No Quote 18" Rock Riprap Ton ; ; Ouote 12" Rock Riprap Ton No Qucie Class 6 Concrete Road Base Ton "— hit; Qt.zolE Class 6 Aggregate Road Base Ton Pit Run Ton Flow fill CY sa Weld County Spec Class 1 Structural Fill Ton Crushed Concrete Ton Concrete Rubble Ton rd ::<;e,r,n:::;; ::. :: . The specification for the Weld County Ilowable fill(Lean Pipe Encasement) mix: Compressive strength F'c = 1000 psi© 28 days ASTM C150 TYPE I-II Minimum 329 lbs. COURSE AGGREGATE ASTM-C33—Minimum 1000+Ibs FINE AGGREGATE ASTM-C33—Minimum 2000+lbs AIR ENTRAINMENT AGENT(SIKA AIR)ASTM-C260—Minimum 1.0 OZ/CU YD ASTM POTABLE WATER-MINIMUM 150+Ibs Physical Properties: Slump: 6.00-8.00 Air Content: 5.0-7.0% w/c + p ration 1.00 • 6i . Project Description: The project in general consists of supplying road building materials to Weld County on an emergency basis. Quantities of materials to be purchased are unknown at this time. Material prices will include all labor and equipment costs necessary to stockpile and load material ready for use. Transportation of all materials except flow fill will be Weld County or County approved contractors. Flow fill will be delivered to the job site on an as-needed basis. Provide the requested information for multiple gravel pit locations. Weld County has sustained damage to County Roads throughout the County. Weld County may select multiple vendors for materials. Selection of vendors will be dependent upon:cost,proximity to job location,and availability of materials. Pit Name: . ,,.., !: ,. , . . r:irs. Pit Location (Address,Cross Roads,Etc.) Unit Quantity Material Units Price Available Comments 18"Concrete Riprap Ton No Quote 12"Concrete Riprap Ton No Quote 18" Rock Riprap Ton NO Quote 12" Rock Riprap Ton N.. Quote Class 6 Concrete Road Base Ton S 50 .30Ct+/. soale at this location Class 6 Aggregate Road Base Ton Pit Run Ton Flow fill CY Weld County Spec Class 1 Structural Fill Ton - Crushed Concrete Ton $.15.00 2;)t;i:; l I/2. i'z :'. available Concrete Rubble Ton S10.1)0 1 5 C,D0 No Scale .it This teCcitiun The specification for the Weld County flowable fill (Lean Pipe Encasement) mix: Compressive strength F'c = 1000 psi @ 28 days ASTM C150 TYPE I-II Minimum 329 lbs. COURSE AGGREGATE ASTM-C33—Minimum 1000+lbs FINE AGGREGATE ASTM-C33—Minimum 2000 +lbs AIR ENTRAINMENT AGENT (SIKA AIR)ASTM-C260—Minimum 1.0 OZ/CU YD ASTM POTABLE WATER—MINIMUM 150-fibs Physical Properties: Slump: 6.00—8.00 Air Content: 5.0—7.0% w/c + p ration 1.00 i .. 61 • 1. The bid proposed herein meets all of the conditions,specifications and special provisions set forth in the request for proposal for Request No.#B1300175. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal • sheets. • 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County,together constitutes a contract,with the contract date being the date of formal acceptance of the bid by Weld County. 5 Weld County reserves the right to reject any and all bids, to waive any informality in the bids,and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. • FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE,ZIP CODE TELEPHONE NO FAX 3°3•"';'-' ` . TAX ID# SIGNATURE / �_ E-MAIL • • • • WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. PLEASE DO NOT FAX BACK PAGES 1-5. • • • 7I Hello