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Home My WebLink About20150634.tiff CONTRACT AGREEMENT AMENDMENT FOR Ivirt DESIGN-BUILD AGREEMENT,CHANGE ORDER 2, BETWEEN WELD COUNTY& GROWLING BEAR CO INC-PUBLIC WORKS OFFICE ADDITION ik This Agreement"Amendment"is made and entered into/day of November,2015 by and between the Board of Weld County Commissioners,hereinafter referred to as the"County",and Growling Bear Co, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement(the"Original Agreement")identified by the Weld County Clerk to the Board of County Commissioners as document No.2015-0634,approved on April 27,2015.and WHEREAS the parties entered into an Agreement Amendment dated on August 5,2015 identified by the Weld County Clerk to the Board of County Commissioners as document No.20152666,and WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance with the terms of the Original Agreement,which is incorporated by reference herein,as well as the terms provided herein, NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows: • Growling Bear has provided Exhibit A,the Change Order 2,and that document outlines the work and obligations of Growling Bear, • The parties agree to the Change order,in conjunction with the Original Agreement,and that the total amount of the change order is$21,985.00, • All other terms and conditions of the Original Agreement remain unchanged and in full effect. IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first above written. CONTRACTOR: `jr /c—"+ Print BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLO O Signature 6111.44,(11 ATTEST: W.Alth/t) V• K' Barbara Kirkmeyer,Chair Dv 0 9ILl5 Weld u ty Clerk to the Board APPROVED AS TO SUBSTANCE: BY: Deputy Cler ) o the Board Elected Official or Department Head �. APPROVED AS TO FUNDING: 11161 :' ►,' _e. 4ii;" Ali A- Controller Director of General Services APPR D AS TO RM: , / County Attorney Tr-) 02045- /°31 6xR|d t A. § ! '62 40 06 ] 0 0000 oo _o oo / 15 / kz ) U \° m ®- 69 con 0 )It | , 00 00 0 g Tli C.) � 49- / k = » _ _ = °o j2 ' Mm. // 6 H 7 \6r07 2 uu 2 { - n N E- 0 2 i § j � 4 } .,.49 -49 ) ) f@ \ & \ co a. . \/ / � �-N N } ) \ 0. ! , _ _4949 k / 0 •/CI / 1 � H [ } /\ 2 ) / ' A 2 ) ) 0 ) ) .§ ) , ) \ � & J = 4 ; el ) ; /t@ c � / 3f \ ) E mf9 � 41 < b . ) o NNNNN U ° Item Summary 2 Project Name Weld County Public Works Project# 1508 To: Toby Taylor RE: North Manhole Base From: Growling Bear Days Schedule Cost Date PCO# Title Status Date Closed Date Impacted Impact Required Critical 1 Cast in place manhole base Open 08/25/15 0 Y 8/26/2015 Y •m# Description Quantity Units Unit Price Total Days • 1 CIP new manhole base. Reuse existing manhole components and place onto new base. 1 LS $ 3,870.00 $ 3,870.00 3 $ 4 $ _. 5 $ 6 $ - 7 $ - 8 $ - 9 $ - — 10 $ - 11 $ 12 $ - 13 $ - 14 $ - $ - General Conditions $ - GL Insurance $ 3.87 per$1000 $ 16.00 $ 61.92 _ Overhead $ 3,931.92 % 10.00% $ 393.19 Profit $ 4,325.11 % 5.00% $ 216.26 Bonds $ 4,541.37 % 1.00% $ 45.41 Total I $ 4,587.00 I Q) Item Summary 3 Project Name Weld County Public Works Project tt 1508 To: Toby Taylor Switch to PVC Sanitary Sewer RE: vs.DIP From: Growling Bear Days Schedule Cost Date PCO# Title Status Date Closed Date Impacted Impact Required Critical 1 PVC vs DIP SS Line Open 09/01/15 0 Y 9/1/2015 Y emit Description maw- Quantity Units Unit Price Total Days 1 Cost associated with switching the sanitary sewer line to PVC in lieu of the specified Ductile Iron. 1 IS $ (11,615.00) $ (11,615.00) 2 $ 3 $ 4 _ $ - 5 $ 6 $ 7 $ - 8 $ - 9 10 11 $ 12 $ - 13 $ 14 $ - $ - J Total I$ (11,615.00)1 0I Item Summary 4 j Project Name Weld County Public Works Project# 1508 To: Toby Taylor RE: Aggregate Base Under Slab From: Growling Bear Days Schedule Cost Date PCO# Title Status Date Closed Date Impacted Impact Required Critical 1 Aggregate Base Under Slab Open 10/13/15 0 Y 10/21/2015 Y Rem# Description QuanttlIMts Unit Price Total Days 1 8"Aggregate(squeegee)base under slab. Delivery on 9/3/15 1 LS $ 1,237.88 $ 1,237.88 Additional aggregate to fulfill the order. Original 2 delivery was short. Delivered on 9/28/15. 1 L5 $ 238.37 $ 238.37 3 $ - 4 $ - 5 S - 6 $ - 7 S - 8 $ - 9 $ - 10 _ $ - 11 $ - 12 $ - 13 $ 14 $ - $ - S - General Conditions $ - GLInsurance _ $ 1.48 per$1000 $ 16.00 S 23.62 Overhead $ 1,499.87 % 10.00% $ 149.99 Profit $ 1,649.86 % 5.00% $ 82.49 _ Bonds $ 1,732.35 % 1.00% $ 17.32 Total I$ 1,750.00I 0 Item Summary 5 Project Name Weld County Public Works Project 8 1508 To: Toby Taylor RE: Sheriff Admin Repair From: Growling Bear Days Schedule Cost Date PCO 8 Title Status Date Closed Date Impacted Impact Required Critical 1 Sheriff Admin Repair Open 10/29/15 0 V 11/2/2015 Y nemt Descriptlo,lllIllIllt`. Quantity Units i Unit Price Total Days 1 Dig and compact(2)foundations 1 1.5 $ 1,344.00 $ 1,344.00 2 Landscape Protection-3/4"plywood 10 EA $ 26.95 $ 269.50 3 Demo Concrete 1 LS $ 3,720.00 $ 3,720.00 4 Sawcutting 1 LS $ 1,500.00 $ 1,500.00 --------- 5 Dumpster 1 LS $ 350.00 $ 350.00 6 Repair Landscaping 1 LS $ 2,500.00 $ 2,500.00 7 Concrete 1 L5 $ 1,493.00 $ 1,493.00 8 Masonry 1 LS $ 4,400.00 $ 4,400.00 9 Metal Columns 1 LS $ 2,155.00 $ 2,155.00 10 Joint Sealant 1 L5 $ 500.00 $ 500.00 11 Supervision 5 HR $ 75.00 $ 375.00 — 12 $ _ 13 $ 14 $ - $ - — — -- — —$ - — — — -- — General Conditions $ - GL Insurance $ 18.61 per$1000 $ 16.00 $ 297.70 Overhead $ 18,904.20 96 10.00% $ 1,890.42 Profit $ 20,794.62 % 5.00% $ 1,039.73 Bonds $ 21,834.36 % 1.00% S 218.34 Total I$ 22,053.00 I 0 Item Summary 6 Project Name Weld County Public Works Project tt 1508 To: Toby Taylor RE: Sanitary Sewer Conflict Resolution From: Growling Bear Days Schedule Cost Date PCO p Title Status Date Closed Date Impacted Impact Required Critical 1 Sanitary Sewer Conflict Resolution Open 10/22/15 0 Y 10/28/2015 Y mit Description Quantity Units Unit Price Total Days 1 Reroute 4"Fire Sprinkler line to allow sanitary sewer to pass underneath. Unknown Condition. 1 L5 $ 4,395.76 $ 4,395.76 2 $ 3 4 5 - 67 8 — $9 $ —10 $ _ 11 — $ - 12 - 13 - 14 $ - General Conditions $ GL insurance $ 4.40 per$1000 $ 16.00 $ 70.33 Overhead $ 4,466.09 % 10.00% $ 446.61 Profit $ 4,912.70 % 5.00% $ 245.64 Bonds $ 5,158.34 % 1.00% $ 51.58 Total I$ 5,210.00 I 01 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN L!r y THE WELD COUNTY DEPARTMENT OF BUILDINGS AND GROUNDS CGS,„ i AND GROWLING BEAR This Agreement Amendment made and entered into 12 day of August ,2015 , by and between the Board of Weld County Commissioners, hereinafter referred to as the"County",and Growling Bear Co. Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement(the"Original Agreement")identified by the Weld County Clerk to the Board of County Commissioners as document No. 20150634,approved on April 27,2015. WHEREAS the parties entered into an Amendment identified by the Weld County Clerk to the Board of County Commissioners as document No. 20152666 approved on August 5, 2015, WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement,which is incorporated by reference herein,as well as the terms provided herein. NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows: • The parties agree to amend the Original Agreement to include design services for correcting the anomaly at 1950 O-Street, Greeley,CO,80631 per the fee schedule in Exhibit A which totals$2,489.00. • The Renewal,together with the Original Agreement,constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Gary Shironaka Print ame Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: dad-WV �L+Lo;&k. Weld .0 t lerk to the Board Barbara Kirkmeyer, Chair AUG 1 9 2015 BY: _ �I�� "l ��% to the Board Z`� APPROVED AS TO SUBSTANCE: Deputy Cler APPROV AS TO FU IN '`��S� I�� Elected Official or Department Head Controller — V S Director of General Services AP OVED AS O FORM:: County Attorney at44/1,Le") aystkwtoL. &e % 6e5C-r-r 7. #- _s X LOt-4 I,,i CO I— To- z u u -o C) IL .., a- m a) O CL ro v v o O o tD Lr1 Cr O 7:37,f OO O i t i i i i i i m m N Ct O al Zs O O m N u N e-i �' rn al T Q o , -(..r)- AA t/} t/)•r til tr>•r tr? VT tr? to in in to in- in)in in v) t/1 tn t/? v) OO 00100 ou OO O0O0 ro o o 1°-, ci ui r-I 0 L.o ,.n ,-I C r; v Lr1 # O ,-I I O O o .-I 4 J J I Q) a iii no O it 0 t-I DV 0 I 0 LD .-1 .-i lD Q1-m CU L Ste. Y (G W W O = 5 E i c E to 5 O o L° o =I u v _.— of c CO U a1i (`6ii+ O a)I -O co cla �-1 u CD H = y, N U O O tl— ' 4 O O c a� ,� C r v a- ail > o O -I O O H O <IV O 0 O O. m 73 1 Q.) cu ra I O 0 I v v 1 1` •— .- E O 76 d d F°- c u_ d r--1 I .-f j N N m.m 9[Y,cr,till IA lD 1..ON N I CO I CO O1 I. I- 6 DESIGN-BUILD AGREEMENT BETWEEN WELD COUNTY & GROWLING BEAR CO INC-PUBLIC WORKS OFFICE ADDITION THIS AGREEMENT is made and entered into thisp2/ day of April 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 Growling Bear Co Inc, a general corporation, who whose address is 2330 4th Avenue, Greeley, Colorado 80631, hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the 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 Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in "Proposal Package No. B1500064". The RFP contains all of the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional 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 Exhibits A and B which are attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date that the County issues a Notice to Proceed to the Contract Professional, which shall in no event be prior to the execution of this Agreement by County, and shall continue through and until Contract Professional'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 C.. Q et: re)G ,2015-003V `�'a7-15 -8400 l'I • 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 Contract Professional 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 Contract Professional the right to provide services under this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional 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 services which Contract Professional 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 Contract Professional is using, by whatever method it deems expedient; and, Contract Professional 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, Contract Professional 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 Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Compensation/Contract Amount. a. Bid Price. Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than $41,960.00 which is the bid set forth in Exhibit B. Contract Professional 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 i 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 Contract Professional 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 Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional 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 Contract Professional 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), b. Applications for Payment. Based upon Applications for Payment submitted to the County by the Contract Professional, the County shall make progress payments on account of the total bid price. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. Provided that an Application for Payment is received not later than the Thirtieth day of month, the County shall make payment to the Contract Professional not later than the Thirtieth day of the following month. If an Application for Payment is received by the County after the application date fixed above, payment shall be made by the County not later than Thirty (30) days after the County receives the Application for Payment. With each Application for Payment the Contract Professional shall submit the most recent schedule of values in accordance with this Agreement. The schedule of values shall allocate the entire bid price among the various portions of the Work. Compensation for design services shall be shown separately. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the County may require. This schedule of values, unless objected to by the County, shall be used as a basis for reviewing the Contract Professional's Applications for Payment. In taking action on the Contract Professional's Applications for Payment, the County shall be entitled to rely on the accuracy and completeness of the information furnished by the Contract Professional and shall not be deemed to have made a detailed examination, audit or arithmetic verification of the documentation submitted, or other supporting data; to have made exhaustive or continuous on-site inspections; or to have made examinations to ascertain how or for what purposes the Contract Professional has used amounts previously paid on account of the Agreement. Such examinations, audits and verifications, if required by the County, will be performed by the County's accountants acting in the sole interest of the County. Except with the County's prior approval, the Contract Professional shall not submit Applications for Payment for payments made to suppliers for materials or equipment which have not been delivered and stored at the site. c. Progress Payments. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. the amount of each progress payment shall be computed as follows: 1) Take that portion of the Bid Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Bid Price allocated to that portion of the Work in the schedule of values, less retainage of Ten percent (10.00 %) on the Work, other than services provided by design professionals and other consultants retained directly by the Contract Professional. 2) Add that portion of the Bid Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the County, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent( 10.00 %); 3) Subtract the aggregate of previous payments made by the County; and 4) Subtract amounts, if any, for which the County has withheld payment from or nullified an Application for Payment. 5) Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Bid Pprice, less such amounts as the County shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional'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. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, 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 Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional 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 County. This Agreement shall not be construed to create a contractual relationship of any kind between the Owner and any Subcontractor, or (3) between any persons or entities other than the Owner and Contract Professional, including but not limited to any consultant retained by the Owner to prepare or review the Project. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional 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. • Contract Professional 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 Contract Professional by the terms of this Agreement, and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, 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 Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. County approves of all subcontractors listed in Exhibit B. 9. Ownership. All work and information obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional 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. Contract Professional 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 the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, Contract Professional 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. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional 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. Contract Professional 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. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional 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, Contract Professional is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contract Professional must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional 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 Contract Professional, 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 services completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance and Indemnification. 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.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 Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require 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 Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional 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 Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided,the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, 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 Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional 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 Contract Professional 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 Contract Professional 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 Contract Professional 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 Contract Professional 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 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 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 Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contract Professional 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 $ 1,000,000 Aggregate $ 2,000,000 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 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, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, 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 Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub-vendors suppliers or other entities upon request by the County. 14. Non-Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional 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 Contract Professional 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, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Public Works, or his designee. 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: CONTRACT PROFESSIONAL: Gary Shironaka 2330 4th Avenue Greeley, Colorado 80631 COUNTY: Toby Taylor 1105 14 Street Greeley, Colorado 80631 18. Compliance with Law. Contract Professional 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 Contract Professionals 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. A Modification is (1) a written amendment to the Design-Build Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Owner. 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 aver 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 Contract Professional's services and Contract Professional shall not employ any person having such known interests. During the term of this Agreement, Contract Professional 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 Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 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, Contract Professional 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. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional 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). Contract Professional 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 Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional 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 Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract Professional 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 Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional 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. Contract Professional 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 Contract Professional 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. Contract Professional 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 Contract Professional receives federal or state funds under the contract, Contract Professional 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 Contract Professional 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 Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 30. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contract Professional 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. qq lig- IN WITNESS WHEREOF, the parties hereto have signed this Agreement this pc. I day of April 2015. CONTRACT PROFESSIONAL: Ora /.:,5 /Se f _ t_G f<-,C By: �—� Date c"//21 //S Name: Gq.-), Sp ,.',o --,4 cti Title: ?-- es- lic. e-,/- WELD CO T ATTEST: aeuteo W JCS; eA BOARD OF COUNTY COMMISSIONERS Weld C niy Clerk to the Bdard �� a WELD COUNTY, C LORADO BY: Deputy CI?rk to the B d E.:Y Barbara Kirkmey , Chair PR 2 7 OVED AS � F • 1r APPROVED AS TO SUBSTANCE: ticAk Controller ElecCed Official or Department Head , n/C APPRO AS O �� `�"`�L Director ot` eneral Services County At y ao/X_ 063¢ Client#: 1083426 ROBERSHR ACORD-.. CERTIFICATE OF LIABILITY INSURANCE DATE IMM/DD/YVVY) 4/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: USI Colorado, LLC Prof Liab I(FUG.Nei PHONE 800 873-8500 ANpX (AI Eal) •i P.O. Box 7050 EMAIL I Englewood,CO 80155 ADOREss. 9 INSURERIS)AFFORDING COVERAGE NAIL# 800 873-8500 _-- _--- _--- - — INSURER A.Pinnace'Assurance Company 41190 INSURED INSURER B XL Specialty Insurance Company :37885 Robert Shreve Architects and -- — _ - INSURER C Planners, Inc. _ __ - __._ - — INSURER D 801 8th St., Suite 120 ____. .- - _ __ • _ - INSURER E Greeley, CO 80631 INSURER F- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAI THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR INSR SUBR - - PM/DDYEFF I PMIDDYEXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDlVVVV) (MMIDDIVYYY GENERAL LIABILITY I EACH OCCURRENCE 5 DAMAGE TO RENTED COMMERCIAL GENERAL IIAHILITV PREIAISESEa oczrr rm) 5 CLAIMS-MADE OCCUR 'MED EX°(Any one person' $ PERSONAL&ADV INJURY 5 ! GENERAL AGGREGATE IS C FNI AGGREGATEAPPLIES PER. PRODUCTS-COMP/OP_AGG S LIMIT — - • —_._.. _. _ __ .... 1 POLICY I L ,LCO ___ _ $ I-- I COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY .(Enac oenl 5 ANY ALTO BODILY INJURY'°er person' S ALLOT/NED SCHEDULED BODILY INJURY per accdenn S. ALTOS AUTOS - NON-CANED PROPERTY DAMAGE HIRED AUTOS AUTOS (Pc,acooenl) _-- UMBRELLA LIAB OCCUR 1 IACH OCCURRENCE 'S _ EXCESS LIAB 1 CLAIMS-MADE I AGGREGATE $ ANY HAP P RETENTIONS _ _ $ A WORKERS COMPENSATION x 3205439 04/01/2015 04/01/20121 X ,Tony UMI I TER , ANC EMPLOYERS LIABILITY .TORY LMIT51 :ER ETOR..ARTN_REXECUTIVEYIN E L EACH ACCIDENT $1,000,000 C FICER.MEMBER EXCLUDED'? N N/A — — --' - (Mandatory in NW •E L DISEASE-EA EMPLOYEE 51,000,000 _ yen.nes:rise ION_rider SLRdTONOEo°ERATONS Den., EL.DISEASE-PouCYLIMT 51,000,000 B Professional I DPS9723447 03/31/2015'03/31/2016 1,000,000 per claim Liability ' 2,000,000 annl aggr. Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule.if more space is required) As required by written contract or written agreement,the following provisions apply subject to the policy terms,conditions, limitations and exclusions: Blanket Waiver of Subrogation applies for Workers Compensation. Per terms and conditions described above Weld County is Additional Insured for General Liablity CERTIFICATE HOLDER CANCELLATION Weld County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 915 10th ACCORDANCE WITH THE POLICY PROVISIONS. Greeley, CO 80631 AUTHORIZED REPRESENTATIVE \ ) �an lJv�` ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S14939348/M14785286 SSZBC ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIVYYY) t`i 3/26/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kim Parker NAME. Flood and Peterson PHONE (970)506-3213 FAX :1970)506-6865 IAIC No Extl' IAIC Nol- PO Box 578 DD MILESS.:KParker@floodpeterson.com AR Greeley, CO 80632 INSURER(S)AFFORDING COVERAGE NAICN INsuRERA:Valley Forge Insurance Company INSURED IN 5URERB:Continental Insurance Company Growling Bear Co. , Inc. INsuRERc:Continental Casualty Company 2330 4th Avenue INsuRERD:Pinnacol Assurance Greeley, CO 80631 JIVE U_RERE: ( INSURER F: I COVERAGES CERTIFICATE NUMBER:CL1531000406 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLISUBR I POLICY EFF I POLICY E%7 LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER I IMMIDDIYYYY)I IMMIDDM'YYI LIMITS GENERAL LIABILITY ! EACH OCCURRENCE 5 1,000,000 . DAMAGE TO RENTED X COMMERCIAL GENERAL LIABI_ Y I I PREM SEE Ea occurrence, $ 100,000 A 'CLAIMS-MADE X I OCCUR C2095216232 7/1/2014 7/1/2015 !MED EXP'Any one person) 15 5,000 I X I PD ned: $1,000 PERSONALAADVINJURY Is 1,000,000 GENERAL AGGREGATE 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY 125 PR� I LCC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident, $ 1,000,000 ANY ALTO BODILY INJURY(Per person) $ B 1—ALL OWNED1 SCHEDU_ED C2095216246 7/1/2014 9/1/2015 BOD.LY.NJURY(Per acndenil $ AJ-OS ADIOS NUTOS YED PROPERTY DAMAGE • $ X KRED AUTOS IX AUTOS 1Pe,ewdeaq 1 / [ '5 X ' UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED J X RETENTIONS 10,000 C2095216229 7/1/2014 7/1/2015 $ D WORKERS COMPENSATION I WC STATU- Wird 0TH- I AND EMPLOYERS'LIABILITY TOCY ER ANA PROPR.ETORIPARTNFR EXECUO VE Y I N IMandatorYin ER EXCLUDED, NIA E L EACH ACCIDENT S 1,000,000 (MdnJatdry in NH) 1436910 - Sub-Contractors 7/1/2014 7/1/2015 E L DISEASE-EA EMPLOYEd$ 1,000,000 ayes describe udder DESCRIPTION OF OPERATIONS oe'ca, Only E L DISEASE-POLICY L MIT 5 1,000,000 A 1 Property C2095216232 17/1/2014 7/1/2015 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,II more space is required) Weld County Public Works Addition, 1111 H Street, Greeley, CO 80631 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County Government 1150 0 Street Greeley, CO 80631 AUTHORIZED REPRESENTATIVE K Parker, CIC, CPSR/A /14�'• Pa,„-da<--- ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSn7Fron,nnsl n, Thn armmn names and I nnn a/A ranictmarl',wire of armmn I Accw o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDMYY) 3/26/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kim Parker NAME: Flood and Peterson PHONE (970)506-3213 FAX 19701506-6865 INC No Fxtl' INC No): PO Box 578 noDRess:KParker@floodpeterson.com INSURER(S)AFFORDING COVERAGE NAIc Greeley CO 80632 INSURER A:Pinnacol Assurance INSURED INSURER B: Accounting and More, LLC INSURERC: 24297 CR 57 INSURERD: INSURER E: Kersey CO 80644 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1531100643 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUDR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMM/DDM/YY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADM INJURY 5 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 7 POLICY FE LCC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DEC RETENTIONS S A WORKERS COMPENSATION R C WC STATUY - 0TH AND EMPLOYERS'LIABILITY FR ANY PROPRIETOR/PARTNERIEXECUTNE YIN N IA NH) EL EACH ACCIDENT $ 1,000,000 OFFl MCaRIMEEXCLUDED? 4152713 1/1/2015 1/1/2016 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatary NH) It yes,descnbe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,it more space is required) Employee Leasing for Growling Bear Co. , Inc. Weld County Public Works Addition, 1111 H Street, Greeley, CO 80631 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County Government 1150 0 Street AUTHORIZED REPRESENTATIVE Greeley, CO 80631 ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSn2A oni nos,nl Tha airman nnn.a and Innn n.m ranlctnrati mnrlrc of airman REQUEST FOR BID 'k,•,, WELD COUNTY, COLORADO 1150 O STREET j j -e 11 GREELEY, CO 80631 gin. ;, ; COUNTY -- DATE: FEBRUARY 10, 2015 BID NUMBER: #B1500064 DESCRIPTION: PUBLIC WORKS OFFICE ADDITION - DESIGN BUILD MANDATORY PRE-BID CONFERENCE DATE: FEBRUARY 19, 2015 @ 2:00 PM BID OPENING DATE: MARCH 4, 2015 @ 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: PUBLIC WORKS OFFICE ADDITION - DESIGN BUILD The project in general consists of a Design/build project to add an office addition to the Public Works Dept. A mandatory pre-bid conference will be held at 2:00 p.m., on FEBRUARY 19, 2015, at the Weld County Public Works Building. The Public Works Building is located at 1111 H Street in Greeley. Bidders must participate and record their presence at the pre-bid conference to be allowed to submit bids. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: MARCH4,2015(a)10:00am. 1Weld County Purchasing_Time Clock). PAGES 1 - 12 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 12 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 12. 2. INVITATION TO BID: Weld County requests bids for the purchase of the above-listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts. and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. Merchandise and/or equipment shall be delivered to the location(s) specified herein. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasinq/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 l d g o v . c o m . Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile: "I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room#107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative. followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation. followed by the name of the state of the incorporation and by the signature and title of the president. secretary. or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements. specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1., entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Familiarization With the Work. Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work. the site where the Work is to be performed. local labor conditions and all local, state and federal laws. ordinances, rules. regulations and other factors affecting performance of the BID REQUEST #B1500064 Page 2 Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Director of General Services, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preparation of the Bid: Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Director of Generd Servicesmay at his sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (1O) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids BID REQUEST#B1500064 Page 3 or call for other Bids. The County. within ten (10) days of receipt of acceptable Performance Bid, Labor& Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. . 5. PAYMENT AND PERFORMANCE BOND The successful Bidder shall be required to execute a Payment and Performance bond. The bonds must be at least 50% of the contract amount. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, Tgiity, gas, telephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination. satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character. quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements. as deemed necessary, for access to property outside of County Right of Way. prior to beginning the work. BID REQUEST#B1500064 Page 4 8. SUCCESSFUL BIDDER HIRING PRACTICES- ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E-Verify Program or State of Colorado program procedures to undertake pre-employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. 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. BID REQUEST #B1500064 Page 5 C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. 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. 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 faithfully perform the work in accordance with the standards of professional care, skill, training. diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. The successful bidder shall further be BID REQUEST #B1500064 Page 6 responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, The successful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O Warranty, Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project. P. Non-Assignment. The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful BID REQUEST #B1500064 Page 7 bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non-Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Compliance with Davis-Bacon Wage Rates. The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis- Bacon Wage Rates. V. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners. W. Compensation Amount. Upon the successful bidder's successful completion of the construction of the Project, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the Director of Weld County Public Works, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the BID REQUEST#B1500064 Page8 Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty(30)days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation. law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its construction methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. BID REQUEST#B1500064 Page 9 Types of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured—owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured—owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $50,000 any one fire; and $500,000 errors and omissions (design profesional) $5,000 Medical payments one person Builders Risk Insurance shall be provided and include Weld County, its elected officials, employees, agents, and volunteers, as well as contractor, subcontractors, engineer and engineer's consultant as named insureds under the builders risk policy. Automobile Liability: Successful bidder/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. Additional Provisions: Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Successful bidder shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; BID REQUEST#B1500064 Page 10 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. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided. a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance. a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages. Successful bidder/Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors. subcontractors, independent contractors, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shallprocure and maintain th e t e same coverage's required of Successful bidder/Contract Professional. Successful bidder/Contract Professional shall include all such subcontractors, independent contractors, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder/Contract Professional agrees to provide proof of insurance for all such subcontractors. independent contractors, sub-vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim. and $2.000.000 aggregate limit for all claims covering wrongful acts. errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the successful bidder as part of the Contract. BID REQUEST #B1500064 Page 11 WELD COUNTY PUBLIC WORKS OFFICE ADDITION Request for Proposal DESIGN BUILD SERVICES BACKGROUND Weld County Government (County) is soliciting a Request for Proposal (RFP) to Design/Build an office addition onto the Public Works Building. PROJECT OVERVIEW The building will consist of a 4,500 square foot CMU addition to the existing facility. The CMU must match the existing CMU of the facility. The addition shall aesthetically mirror the existing office wing. Floor finishes will include finished and sealed concrete, tile flooring, and carpet (the carpet will be provided by the County). This addition is not anticipated to require additional plumbing such as restrooms, sinks, or drains. The purpose of this RFP is to obtain statements of qualification and to solicit fee proposals from firms who wish to provide the services requested in this RFP. The County desires to retain a Design Build Team to perform Design, Construction, and Construction Management services for all phases of the work consisting of improvements including, without limitation the following work: Design Services Site Work Development Building Construction Construction Management PRELIMINARY SCHEDULE Date of this RFP February 10, 2015 Pre Bid Meeting February 19, 2015 @ 2:00 pm Proposals due March 4, 2015 @ 10:00 am Contract Award Notice March 25, 2015 Begin Pre-Construction Services April 1, 2015 Commence Construction May, 2015 Substantial Completion November, 2015 Final Completion December 2015 SCOPE OF SERVICES The intent of this section is to highlight in general terms the nature and scope of the work to be performed. DESIGN SERVICES Provide a conceptual design for the project. All civil engineering and site planning, Prepare submittals to governing agencies for approval. Provide a schematic design package. Provide a design development package. Provide full and complete construction documents. Provide construction administration Attend weekly design and construction meetings Prepare building permit submittal and provide any assistance needed in obtaining permits and make any required changes Provide an estimate of"reimbursables" that would be required for this project BID REQUEST#B1500064 Page 12 Provide hourly rates for "additional services." Provide a design schedule Include all costs for architectural design services, civil engineering, and structural engineering Mechanical engineering, electrical engineering, and all other "consultant" fees in this proposal The Design Build Team must have demonstrated the ability to perform a project of this scope. As construction documents are completed, the firm will be expected to provide a construction budget including a Guaranteed Maximum Price (GMP). The County believes it is crucial that the firm be a member of the project team and participates along with the architect and the consultants in the design process. 1. Pre-Construction Services: Conceptual Estimate Project Development Schedule established that includes the applicable regulatory agency, outside entity, project team and County activities. Construction Schedule developed which includes all critical design/engineering and construction activities and identifies delivery issues. Advise the County of a plan to manage such delivery issues. Continually review (prepare reports, recommendations, etc.) all design documents in regard to budget, constructability, completeness and coordination. Monitor budget and schedule throughout the design phase and advise the County when corrective action is required related to both design progress and costs. The above information will be transmitted to the successful respondent to this RFP. Develop procedures for issuing proposal requests and prepare documents/scopes for County Review. Conduct pre-proposal conferences Develop management reporting procedures to be used during construction (costs/schedules, etc.) Establish job site survey controls prior to mobilization. Coordinate surveys, Geotechnical investigations and other pre-mobilization activities. Provide any other Pre-construction services as may be required by the County. 2. Construction Phase: The Design Build Team will manage and coordinate all construction activities, obtain competitive subcontract and material bids and have the opportunity to competitively bid portions of the work the contractor is qualified to self perform. During this phase the Design Build will provide, without limitation, the following services: Design Build Team Monitor costs and prepare monthly project cost reports Quality control Coordination of all on-site activities including commercial contractors, subcontractors, utility companies and coordination of all work related to, in close proximity to or adjacent to the site which may impact the work on this project. Vendor drawing administration Change Order Management Preparation of monthly pay application BID REQUEST#B1500064 Page 13 Preparation and coordination of infrastructure acceptance submittals Close out documentation Notice of Final Settlement process Any other construction services as may be required by the County II. General Condition Services Complete field staff and support, temporary facilities Equipment and support not in direct costs Manage permits held by County Issue and manage agreements for testing and inspection services, surveying, etc. Coordination with utility companies Support design team III. Contract Winning bidder will provide and enter into a standard AIA Design Build contract. PROPOSAL DOCUMENTS Submit an original plus one (1) copies of your proposal signed by a person authorized to bind the party. An emailed copy will be sent to Purchasing for their records. The proposals shall be organized as outlined below: A. Firm (s) Information: a. Identify which office (Contract Office) will be responsible for the project b. Provide a staffing chart showing proposed organization for this project. Include past experience of key staff including project manager, superintendent, architect, consultants. c. Provide a bank reference and furnish any other information that may be required by the County under other sections. d. Provide a copy of certificate of insurance and limits of public liability under insurance. e. Provide a brief summary of like work your firm has undertaken as a Design Build Contractor. Provide a list of owners, types of projects, address and contact name and telephone/email/fax for people provided as references for previous and recent Design Build Contracts. B. Construction Methods Indicate which elements of work or other services your firm is capable of performing with in-house resources. Please note the County reserves the authority and right to require the Design Build Contractor to bid self-performed work in competition with available qualified subcontractors. C. Fee Proposal: The County anticipates entering into a Guaranteed Maximum Price (GMP) Contract plus a fee. Additional phases of work may be amended to the contract. a. Identify the Fee your firm proposes to provide Design Build services described in the RFP. The fee is to be based on cost of work for the building. b. Identify all costs associated with the acquisition of land, cost of the land, and cost of utilities to the site. c. Provide an estimate of general condition costs for the project for the services described in the RFP. d. Provide a cost estimate for the pre-construction phase services and how you intend to charge for these services. Include an estimate of non-personnel expenses in similar format to formulate the estimate of total cost. BID REQUEST#61500064 Page 14 e. Provide a schedule of current bond premium rates and confirmation of the current bonding capacity of your firm. EVALUATION CRITERIA The following criteria may be used to evaluate the proposal submitted in response to this RFP: A. Prior experience of firm and key staff on a similar project. B. Quality and experience of people assigned to the project — project manager, superintendent, etc. C. Demonstrated ability to work with a design team providing conceptual estimating, value engineering, constructability and scheduling services. D. Ability to provide the County a GMP for general conditions and/or the entire project and the ability of the firm to meet bonding requirements and other financial issues provided in criteria. E. Demonstrated ability to construction of a project such as this to meet cost, schedule and quality goals. Information will be gathered from references and previous experience of the County with contractor, if applicable. F. Completeness of the response to this RFP. G. Following the instructions in the first few pages of the "boiler plate" to this RFP. H. Any other criteria used to evaluate ALL proposals. Each response must include all information and documents required by the RFP. Failure to furnish all required information and documents may result in the rejection of the proposal. LATE SUBMISSIONS WILL NOT BE ACCEPTED. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** Weld County Government is exempt from Colorado State sales and use taxes. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. 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. #61500064. 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. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE. ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL BID REQUEST#B1500064 Page 15 ADDENDUM #1 BID REQUEST NO. B1500064 PUBLIC WORKS OFFICE ADDITION/DESIGN BUILD Buildings & Grounds Dept Replace the last part of page 15 and 16 with these pages. Please see attached. ***Please sign and fax back to Weld County Purchasing 970-336-7226. Thank You!*** Addendum received by: Growling Bear Co. Inc. FIRM 2330 4th Ave. ADDRESS Greeley, CO 80631 CITY AND STATE Gary Shironaka BY President TITLE March 3, 2015 a. Provide a schedule of current bond premium rates and confirmation of the current bonding capacity of your firm. EVALUATION CRITERIA The following criteria may be used to evaluate the proposal submitted in response to this RFP: A. Prior experience of firm and key staff on a similar project. B. Quality and experience of people assigned to the project— project manager, superintendent, etc. C. Demonstrated ability to work with a design team providing conceptual estimating, value engineering, constructability and scheduling services. D. Ability to provide the County a GMP for general conditions and/or the entire project and the ability of the firm to meet bonding requirements and other financial issues provided in criteria. E. Demonstrated ability to construction of a project such as this to meet cost, schedule and quality goals. Information will be gathered from references and previous experience of the County with contractor, if applicable. F. Completeness of the response to this RFP. G. Following the instructions in the first few pages of the "boiler plate" to this RFP. H. Any other criteria used to evaluate ALL proposals. Each response must include all information and documents required by the RFP. Failure to furnish all required information and documents may result in the rejection of the proposal. LATE SUBMISSIONS WILL NOT BE ACCEPTED. **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** Weld County Government is exempt from Colorado State sales and use taxes. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. PRICING The undersigned, having become familiar with the specifications for PUBLIC WORKS OFFICE ADDITION DESING-BUILD BID # B1500064 for the Weld County Buildings & Grounds Dept, hereby proposes to sell and deliver to Weld County as set forth in the following schedule: 1. FEE PROPOSAL OF PROJECT $ See Attached I certify that the above quotation is exclusive of any federal excise taxes and all other state and local taxes. I further certify that the items offered for intended use by Weld County will meet all the specifications it has so indicated in this bid form. The Board of Weld County Commissioners reserves the right to reject any or all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board. is to the best interests of the Board and of the County of Weld, State of Colorado. The Board of Weld County Commissioners shall give preference to resident Weld County bidders in all cases where the bids are competitive in price and quality. DOES THIS BID MEET OUR SPECIFICATIONS? YES X NO 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 #B1500064. 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. The bid(s) may be awarded to more than one vendor. FIRM: Growling Bear Co. Inc BY: Gary Shironakai President (please print) BUSINESS ADDRESS 2330 4th Ave DATE 3-4-2015 CITY, STATE: Greeley. CO ZIP CODE: 80631 EMAIL bid agrowlingbear.com TELEPHONE NO 970-353-6964 FAX 970-353-6974 TAX ID # 84-0673636 SIGNATURE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. CERTIFICATE OF EXEMPTION NO 98-03551-0000. _' , Growling Bear Co. Inc. • C. FEE PROPOSAL Below are our fees for the project per the RFP based upon the information provided a. Design Build Services Fees a. Construction Services 4% b. Design$40,960.00 c. Land -NA b. N/A c. General Conditions Based upon 4 month schedule for substantial completion based upon information to date(for per month fee divide total by 4)see attached General Conditions Sheet$67,750.00 d. Pre-construction Fees a. Growling Bear is proposing to provide all pre-construction services for this project at a total fee of$1,000.00 e. Bond Schedule a. $10 per$1000 for the first$500,000 b. $7 per$1000 for the next$2 million c. $6 per$1000 for the next$2.5 million Bonding Letter attached By: Gary Shironaka, President On: 3/4/2015 Date 2330 4th Avenue,Greeley,Colorado 80631 Phone:970-353-6964 Fax: 9^0-353-69-4 r e Phone: 800.356.2295 Flood and Peterson Fax: 888.269.3514 Cwporare MarLnE AtlArest PO. Box 5'78 Greeley.Colorado 80632 February 18, 2015 Weld County 1150 O Street Greeley, Co 80631 RE: Growling Bear Company, Inc. Bid Number:#81500064 Public Works Office Addition-Design Build To Whom It May Concern: Our agency provides surety bonds for Mr. Kevin Shironaka and Growling Bear Company, Inc. We have been acquainted with them for many years. Their reputation and experience p nce in the industry has ranked them as one of the premier contractors in Colorado. Mr. Shironaka has done an outstanding job in establishing a solid organization with an excellent work ethic that performs thoroughly and economically. Growling Bear Co, Inc. has a surety credit line with North American Specialty Insurance Company which authorizes them to bid contracts with performance and payment bond obligations. North American Specialty Insurance Company is rated by AM Best, A+ (Superior-Financial Rating XV) and is on the U.S. Treasury's Listing of Approved Sureties (Department Circular 570). North American Specialty Insurance Company has extended a surety credit line to Growling Bear Company, Inc. of single projects up to $15,000,000 with an aggregate work program of $40,000,000. Should the referenced project be awarded to and accepted by Growling Bear Company, In present intention to provide the Performance and Payment bonds is our y as required for the re ferenced project. It is understood, of course, that any arrangements for bonds is a matter between Growling Bear Company, Inc. and North American Specialty Insurance Company and the third parties or to you if for p Y Surety assumes no liability to some reason said bonds are not executed. Larger projects or aggregate programs that would be of interest to Growling Bear Company would certainly be considered. Growling Bear's bonding capabilities have been structured by their needs-they are a well run and financially solid organization. They have a complete commercial contractor's insurance package, including a per project aggregate limit of liability to avoid any impairment of limits. If you have any y questions or need additional information please contact me at 970-506-3272 or Rebecca Braun at North American Specially Insurance Company at(303) 386-7252. Sincerely, riA.c ecoL--,„,-)0) K'Anne E. Vo gel, AFSB Attorney-in-Fact, North American Specialty Insurance Company "Building Relationships Since 1939- Ii�� In LU w 0 U 888 8888po 8 8 888 288§8 O J � Q <OMM 0 r NYl V1 yNNhlNN U, b 88888 8 ggQ§g o QJ OwH19 H19 HHHH y) 0 0 0 0 0 0 U 0 0 0 0 0 0 U) m.OO. a 0 0 O0_ Z i 2< O• °a - moo O �-r Z Z H H V f I R H N H H H p O O�u U OR J K 0- ▪ < t mulz W m D Z C7 r= w Z< O -i�-- — 888 8 mg888 g r a O TrJ H H✓i H M H H H Vl 0 y4 0. 0 0 d Nrnv U)L7 U)V)V) maw. r GxwzmxSS ,o Z' I S S J I- V- D -222 222w f w o a O 0 II Z!/) w 0< Z 00 �r S m 0 m wwZv� Z Ova o w J z m 0 z„, -0-0‹ w QO w o p r U 2 c7�OOw -1m-'mT ‘44., �` DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 ✓EI J' FAX: (970) 304-6532 �l� C u N T WEBSITE: www.co.weld.co.us Y 2 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 20, 2015 To: Board of County Commissioners From: Toby Taylor Subject: Public Works Office Addition/Design Build; Bid #B1500064 As advertised, this bid is to perform design-build services for a new wing of the Public Works building. The low bid was DS Constructors. However, their submitted bid did not include their needed 4% construction management fee. After the bid opening, DS Constructors submitted their construction management fee via a separate e-mail. Since DS Constructors did not submit this fee by the bid due date/time, their bid is considered incomplete and ineligible. Given this information, Growling Bear is the official low bidder for this project with the following fees: • Pre-Construction Design Fee General Construction Bond Schedule Conditions Management Fee Fee • Pre-Construction $67,750 $10 per$1,000 for first$500,000 $40,960 4�960 $7 $1,000 for next$2 million Fee:$1,000(4 months) per$ Therefore, Buildings and Grounds is recommending the bid be awarded to Growling Bear with the fees identified in their bid. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director �G O07 7 WELD COUNTY PURCHASING a 1150 O Street Room #107, Greeley CO 80631 ! �l E-mail: mwalters(a�co.weld.co.us t` E-mail: reverettco.weld.co.us Phone: (970) 356-4000, Ext 4222 or 4223 C o-On'.om_. Fax: (970) 336-7226 DATE OF BID: MARCH 4, 2015 REQUEST FOR: PUBLIC WORKS OFFICE ADDITION/DESIGN BUILD DEPARTMENT: BLDGS & GROUNDS DEPT BID NO: #61500064 PRESENT DATE: MARCH 9, 2015 APPROVAL DATE: MARCH 23, 2015 VENDORS GROWLING BEAR 2330 4TH AVE GREELEY CO 80631 SAMPSON CONSTRUCTION 7791 HIGHLAND MEADOWS PKWY STE E FT COLLINS CO 80528 HEATH CONSTRUCTION 141 RACQUETTE DR FT COLLINS CO 80522 DS CONSTRUCTORS 3780 N GARFIELD AVE STE 101 LOVELAND CO 80538 ROCHE CONSTRUCTORS INC 361 71ST AVE GREELEY CO 80634 VERTIX BUILDERS INC 3762 PURITAN WAY FREDERICK CO 80516 MISHLER CONSTRUCTION 8475 WI-25 FRONTAGE RD 100 FREDERICK CO 80504 **TOBY TAYLOR, BLDGS & GROUNDS, IS REVIEWING THE PROPOSALS AT THIS TIME. 2015-0634 31q " c ) Hello