HomeMy WebLinkAbout20143042.tiff tAIA Document A312T" - 2010
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
of business) ADDITIONS AND DELETIONS:
Air Systems Engineering,Inc. The author of this document has
6809 Willow Vista Court Western Surety Company added information needed fa its
Loveland,CO 80537 P.O.Box 5077 completion.The autha may also
Sioux Falls,SD 57117 have revised the text of the original
OWNER: ALA standard fain.An Additions and
(Name, legal status and address) Deletions Report that notes added
Weld County,CO information as well as revisions to the
1150 0 Street standard form text is available from
Greeley,CO 80632 the author and should be reviewed.A
CONSTRUCTION CONTRACT vertical line in the lea margin of this
Date: October 13,2014 document indicates where the author
Amount: . $148,785.00 has added necessary information
Description: and where the author has added to a
(Name and location) deleted from the original AIA text.
Weld County Jail Hot Water Tank Replacement,#61400181,1551 N.17th Street, This document has impotent legal
Greeley,CO 80631
consequences.Consultation with an
attorney is encouraged with respect
BOND# 71595506 to Its completion or modification.
Date:October 13,2014
(Not earlier than Construction Contract Date) Any singular reference to Contractor,
Surety,Owner a other party shall be
Amount $148,785.00 considered plural where applicable.
Modifications to this Bond: X None See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Air Systems Engineeri g c. Western Sur Company
c
Signature: /i? �a4 Signature:
Name and Name and Darlene Krings
Title: Title: Attorney-in-Fact
(Any additi`nal signatures appear on the last page of this Performance Bond)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Flood and Peterson (Architect Engineer or other party:)
P.O. Box 578
Greeley,CO 80632-0578
ALA Doclarrtrt A312' -2010 Performance Bond.Tie Amide=hsewte dMchvects.All rights reservrj6 WARNING:This MA"peewee*b protected by
US.Copyright Law and international Trestles.Unauthorized reproduction or distrbution of this AlA Document,or any portion of it,may result in 1
saWretiv0 ale criminal pendant.and will be prosecuted to the maximal extend possible ubdert a law.This document was produced by AlAsolhvere at
15:48:53 on 09/1712013 under Order No.2800313022_1 which tykes on 10/)3012013,and h net for resale. 2014
1�l5Qrid4-- C.C BG 1 43 Oplta
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§ 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,
successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by
reference.
§ 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference,the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the te,in s of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or
§ 5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
AIA Document A312",-2010 Performance Bond The American Institute of Architects.All rights reserved.WARNING:This AlAe Document Is protected by
Init. U.S.Copyright Law and international Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it,may result in 2
severe civil and criminal penalties,and wilt be prosecuted to the maximum extent possible under theist This document was produced by AR software at
15:48:53 on 09/17/2013 under Order No.2800313022_1 which expires on 10/30/2013,and is not for resale.
User Notes: (1649632633)
§ 7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors,administrators,successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§ 11 My proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so firnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§ 14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 143 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise
to comply with a material term of the Construction Contract
§ 144 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
MA Document A312TM—2010 Performance Bond.The American Institute of Architects.All rights reservgd.WAR WING:This MAe Document is protected by
Init. U.S.Copyright Law and International Trestles.Unauthorized reproduction or distraction of this AlA Document,or any portion of it,may result in 3
severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the I .This document was produced by MA software at
15:48:53 on 09/17/2013 under Order No.2800313022_1 which expires on 10/30/2013,and is not for resale.
User Notes: (1649632633)
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
init. NA Document A312m-2010 Performance Bond.The American Institute of Architects.All dolts reserved.WAR NNG:This Ale Document is protected by
U.B.Copyright Law and International Treaties.Unauthorized reproduction or dlstrtWRlon of this Alt Document,or any portion of it,may result in 4
severe dya and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AM software at
15:48:53 on 09/17/2013 under Order No.2800313022_1 which expires on 10/30/2013,and is not for resale.
User Notes: (1649632633)
•
SAIA Document A312TN - 2010
Payment Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
ADDITIONS AND DELETIONS:
Air Systems Engineering, Inc. ofbusiness) The author of this document has
6809 Willow Vista Court Western Surety Company added infatuation needed for its
Loveland,CO 80537 P.O. Box 5077 completion.The author may also
Sioux Falls,SD 57117 have revised the text ofthe original
OWNER: AIA standard form.An Additions and
(Name, legal status and address) Deletions Report that notes added
Weld County, CO information as well as revisions tothe
1150 0 Street standard form text is available from
Greeley,CO 80632 the author and should be reviewed.A
CONSTRUCTION CONTRACT vertical line in the left margin d this
Date:October 13, 2014 document indicates where the author
Amount: $148,785.00 has added necessary information
Description: and where the author has added to a
(Name and location) deleted from the original NA text.
Weld County Jail Hot Water Tank Replacement,#B1400181, 1551 N. 17th This document has important legal
Street, Greeley, CO 80631
consequences.Consultation with an
attorney is encouraged with respect
BOND# 71595506 to its completion or modification.
Date: October 13, 2014
(Not earlier than Construction Contract Date) Any singular reference to Contractor,
Surety,Owner a other party shall be
Amount: $148,785.00 considered plural where applicable
Modifications to this Bond: X None See Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company (Co orate Seal) Company: (Corporate Seal)
Air uystems Engin ri g, Inc. Western S ty Company ,
Signature: Signature:
Name an Name and Darlene Krings
Title: Title: Attorney-in-Fact
(Any addition signatures appear on the last page of this Payment Bond)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNERS REPRESENTATIVE:
(Architect Engineer or other party:)
Flood and Peterson
P.O. Box 578
Greeley, CO 80632-0578
Intl. MA Document A3121e-2010 Payment Bond.The American Institute of Archarcts.Al rights reserver ARNB$C:This Ale Doeuarent le prated by
U.B.copyright Law and International Trestles Unauthorized rgnoducdon ardun ion of this Atir Dearest,or any tmrlorf atL any res*in 1
severeNYa and aiming pennies,and MB be prosecutedto the maximum extent possible i Yder meta*.This document was produced by MA software at
15:49A9 on 09/17/2013 under Order No.2800313022_1 which expires on 10/3012013,and is not for resale.
User Notes: (2034859412
§ 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,
successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of
the Construction Contract,which is incorporated herein by reference, subject to the following terms.
§ 2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this
Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in
Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity
seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract
and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense
defend,indemnify and hold harm less the Owner against a duly tendered claim,demand,lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was dale or performed,within ninety(90)days after having last
performed labor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surety(at the address described in Section 13).
§ 5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees
the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by
the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor
furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to
the Owner's priority to use the funds for the completion of the work.
IMI. AlA Document A312u,-2010 Payment Bond.The American Institute of Architects.AN date reserved.PARNItta:fide Alt bOc*rem le protested by
U.S.,Copyright tat aid lnbrnettaal Treaties.Utaothonzed reproduction or dNtrYWUon of this Au Documment,or arty polar(of Ni may result In 2
sevetein aid Osaka penalties,and MN be prosecuted to the nut arum(extent possible(meat thetaa:This document was produced by ALA software at
15:4949 on 09/17/2013 under Order No.2800313022_1 which expires on 10/3M2013,and Is not for resale.
User Notes: (2034659412)
•
§ 10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or
5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were
furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this
Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 Definition
§ 16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
.3 a copy of the agreement or plrchase order pursuant to which labor,materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor,materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last finished materials or equipment for use in
the performance of the Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the
Claim;
.7 the total amount of previous payments received by the Claimant and
.8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§ 16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term
Claimant also includes any individual or entity that has rightfully asserted a claim wider an applicable mechanic's lien
or similar statute against the real property upon which the Project is located The intent of this Bond shall be to include
without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline,
telephone service or rental equipment used in the Construction Contract,architectural and engineering services
required for performance of the work of the Contractor and the Contractor's subcontractors,rs,and all other items for
which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished.
§ 16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
AlA Document A312,11—2010 Payment NOM.The Amrican Indiana of Architects.All rights.reserved.VwARMING:Thus Ale Dourest Is protected by
Init. U.6.Copyright Law and Intimations'Trestles
restles:UnaMliodn4A reproductloin or taesttiibnofthis Alea-Document,:ormymotion of Maym ug In 3
*event dee and COMM pennies,and wll be ptosleu[sd to the Modena talentpeeatle Wider Mel*:This document was produced by ALA software at
15:49A9 on 09/17/2013 under Order No.2 8 0 031 30 22_1 which expires on 10130/2013,and is not for resale.
User Notes: (2034859412)
§ 16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
MA Document A312",-2010 Payment Bond.TM Morison tnstWle ofArchilects.Al dg ice reserved.VARNBNG;This ALA®Document Is protected by
Init. US Copyright Law wed International Treaties.Unashonzed reproduction or tton of this AUr doetanentr or My portion Of it,may result In 4
sevettdidiand samkibl penalties,and will be prosecuted to me manmllan malt penal*under theta This document was produced by ALA software at
15:4989 on 09/112013 under Order No.21100313022_1 which expires on 10/30/2013,and is not for resale.
User Notes: (2034659412
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
Darlene Krings, Russell D Lear, Melanie A Lathouwers, Katherine E Dill, Royal R Lovell,
Diane Clementson, K Anne E Vogel, Wesley J Butorac, Steve J Blohm, Individually
of Greeley,CO,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 13th day of February,2013.
WESTERN SURETY COMPANY
/Jy V
eeJ
haul T.Brufat,Vice President
State of South Dakota
ss
County of Minnehaha
On this 13th day of February,2013,before me personally came Paul T.Bniflat,to me known,who,being by me duly sworn,did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
J.fl SWIM
pat
June 23,2015 tern r rogue
.�wnarn�A 4-7
J.Mohr,Notary Public
CERTIFICATE
I,L Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed
my name and affixed the seal of the said corporation this 13th day of October , 2014 .
WESTERN SURETY COMPANY
VerAttj
acA�;p
L Nelson,Assistant Secretary
Form F4280-7-2012
AGREEMENT FOR CONSTRUCTION OF BUILDING
THIS AGREEMENT is made by and between the County of Weld, State of
Colorado, whose address is 1150 O Street, Greeley, Colorado, 80631 ("County"),and Air
Systems Engineering, Inc. , whose address is 6809 Willow Vista Ct., Loveland, CO 8(1537
("Contractor").
WHEREAS,County desires to retain Contractor as an independent contractor
to replace the hot water storage tanks at Phase 1 of the jail as more particularly set forth
below; and
WHEREAS,Contractor is willing to perform the project according to the terms of
this Agreement,
WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill,
expertise, and experience necessary to provide the equipment, materials and services as set forth below;
NOW THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
The terms of this Agreement are contained in the terms recited in this document and in Exhibits A
and B,each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated
herein by this reference. County and Contractor acknowledge and agree that this Agreement, including
specifically Exhibits A and B define the performance obligations of Contractor and Contractor's willingness
and ability to meet those requirements.
I. Lnpapement of Contractor. County hereby retains Contractor, and Contractor
hereby accepts engagement by County upon the terms and conditions set birth in this
Agreement.
2. Term. The term of this Agreement shall be from the date of signature hereunder
to and until completion of said construction, which Contractor estimates will be no later than
two weeks after arrival of equipment.
3. Services to he performed. Contractor agrees to perform the Services listed or
referred to in Exhibit A,attached hereto and incorporated herein by reference. Exhibit A also
includes details originally included in the bid scope of work that is not included in this
• Agreement. Contractor agrees to perform the services in accordance with Exhibit B,the
response to the Bid Request. Contractor agrees to procure the materials, equipment and/or
products necessary for the Project and agrees to diligently provide all services, labor,personnel and
materials necessary to perform and complete the Project. Contractor shall faithfully perform the
work in accordance with the standards of professional care,skill, training,diligence and judgment
provided by highly competent Contractors performing construction services of a similar nature to
those described in this Agreement.
4. Compensation.
a. County agrees to pay Contractor the sum of$148,785.00 for the
building construction.
C"-tint 4014_ aoay-3092
/6- 13-02oly C' e : d to (7 Z.) "B took(,
io-49-zte Pie ooi4O
h. Payment to Contractor will be made in full within 30 days of completion
of demolition.
c. Weld County permit fees shall be paid separately by County.
d. County will not withhold any taxes from monies paid to the Contractor hereunder
and Contractor agrees to he solely responsible for the accurate reporting and payment of
any taxes related to payments made pursuant to the terms of this Agreement.
5. Additional Work. In the event the County requires changes in the work to be
performed and said changes cause an increase or decrease in the time required or the costs to
the Contractor 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 Contractor 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. independent Contractor Contractor agrees that Contractor is an independent
contractor and that neither Contractor nor Contractor's agents or employees are, or shall be
deemed to he, agents or employees of the County for any purpose. Contractor shall have no
authorization,express or implied, to bind the County to any agreement, liability, or
understanding. The parties agree that Contractor will not become an employee of County, nor is
Contractor entitled to any employee benefits from County as a result of the execution of this
Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees
for all acts performed pursuant to this Agreement. Contractor,its employees and agents are not
entitled to unemployment insurance or workers' compensation benefits through County and County
shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees.
Contractor acknowledges that County has entered into this Agreement in reliance upon the
particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor
agreements for the completion of this Project without County's prior written consent, which may be
withheld in County's sole discretion.
7. Warranty Contractor provides a one (1) year full warranty on workmanship. A
manufacturer's warranty is provided on all materials and said warranty shall be forwarded to
County by Contractor. 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.
8. Reports County Property, All reports, test results and all other tangible materials
produced in connection with the performance of this Agreement, whether or not such materials
are in completed form, shall at all times be considered the property of the County. Contractor
shall not make use of such material for purposes other than in connection with this Agreement
without prior written approval of County.
9. Acceptance of Product not a Waiver, Upon completion of the work, acceptance by
County of the construction detailed in this Agreement shall not in any way relieve Contractor of
•
responsibility for the quality and accuracy of the work. Acceptance by the County of, or payment
for, any services performed 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.
to. jp,urance and Indemnification General Reuuirements: Contractors/Contract Professionals
must secure, at or before the lime of execution of any agreement or commencement of any work, the
following insurance covering all operations,goods or services provided pursuant to this request.
Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during
the term of the Agreement,or any extension thereof,during any warranty period, and for three (6)six
years after termination of the Agreement.The required insurance shall he underwritten by an insurer
licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each
policy shall contain a valid provision or endorsement stating-Should any of the above-described policies
by canceled or should any coverage be reduced before the expiration date thereof,the issuing company
shall send written notice to the Weld County Director of General Services by certified mail, return
receipt requested. Such written notice shall be sent thirty(30)days prior to such cancellation or reduction
unless due to non-payment of premiums for which notice shall be sent ten(10)days prior. If any policy is
in excess of a deductible or self-insured retention, County must be notified by the Contractor/Contract
Professional.Contractor/Contract Professional shall he responsible for the payment of any deductible or
self-insured retention. County reserves the right to require Contractor/Contract Professional to provide
a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee
payment of claims.
•
The insurance coverage's specified in this Agreement are the minimum requirements,and these
requirements do not decrease or limit the liability of Contractor/Contract Professional. The County in
no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from
liabilities that might arise out of the performance of the work under this Contract by the Contractor, its
agents, representatives,employees,or subcontractors. The Contractor shall assess its own risks and if it
deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is
not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its
failure to obtain or maintain insurance in sufficient amounts, duration, or types. The
Contractor/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 he made in writing by Weld County.
The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor
shall be responsible for the professional quality,technical accuracy,and quantity of all construction
services provided,the timely delivery of said services,and the coordination of all services rendered by
the Contractor and shall, without additional compensation, promptly remedy and correct any errors,
omissions, or other deficiencies.
INDEMNITY: The Contractor shall defend, indemnify and hold harmless County, its officers,agents,
and employees,from and against injury,loss damage, liability,suits,actions,or claims of any type or
character arising out of the work done in fulfillment of the terms of this Contract or on account of any
act,claim or amount arising or recovered under workers'compensation law or arising out of the failure
of the Contractor to conform to any statutes, ordinances, regulation, law or court decree.The
Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained
by any person, persons,or property on account of its performance under this Agreement or its failure to
comply with the provisions of the Agreement,or on account of or in consequence of neglect of The
Contractor in its construction methods or procedures;or in its provisions of the materials required
herein,or from any claims or amounts arising or recovered under the Worker's Compensation Act, or
other law,ordinance,order,or decree. This paragraph shall survive expiration or termination hereof. It
is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment
costs where this contract of indemnity applies. In consideration of the award of this contract, the
Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated
entities,successors,or assigns, its elected officials, trustees, employees,agents,and volunteers for
losses arising from the work performed by the Contractor for the County. A failure to comply with this
provision shall result in County's right to immediately terminate this Agreement.
Types of Insurance: The Contractor/Contract Professional shall obtain,and maintain at all times
during the term of any Agreement,insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability
Insurance covering all of the Contractor's Contract Professional's employees acting within the
course and scope of their employment. Policy shall contain a waiver of subrogation against the
County. This requirement shall not apply when a Contractor or subcontractor is exempt under
Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes
the appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation) Statutory
Coverage B(Employers Liability) $ 500,000
$ 500,000
Commercial General Liability Insurance written on ISO occurrence form CG 00 01 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 Contractor's endorsement, ISO Form
2010 or equivalent,additional insured—owners, lessees or Contractor's 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 Contractor, including completed
operations" and the minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,00 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
$50,000 any one fire;and
$500,000 errors and omissions.
$5,000 Medical payment one person
Any products and completed operations liability insurance must be provided for a period of six
years beyond the completion of the project.
Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for
bodily injury per person,$1,000,000 for bodily injury for each accident,and$1,000,000 for property
damage applicable to all vehicles operating both on County property and elsewhere, for vehicles
owned, hired,and non-owned vehicles used in the performance of this Contract.
Additional provisions
Policies for all general liability,excess/umbrella liability,liquor liability and
pollution liability must provide the following:
i. If any aggregate limit is reduce by twenty-five percent (25%) or more by
paid or reserved claims,Contractor shall notify County within ten(10)days and
reinstate the aggregates required;
ii. Unlimited defense costs in excess of policy limits;
iii. Contractual liability covering the indemnification provisions of this
Agreement;
iv. A severability of interests provision;
v. Waiver of exclusion for lawsuits by one insured against another;
vi. A provision that coverage is primary;and
vii. A provision that coverage is non-contributory with other coverage or self-
insurance provided by County.
For all general liability, excess/umbrella liability, liquor liability, pollution
liability and professional liability policies,if the policy is a claims-made policy,the
retroactive date must be on or before the contract date or the first date when any goods or
services were provided to County,whichever is earlier.
Contractors/Contract Professionals shall secure and deliver to the County at or before the time
of execution of this Agreement, and shall keep in force at all times during the term of the
Agreement as the same may be extended as herein provided, a commercial general liability
insurance policy, including public liability and property damage,in form and company acceptable
to and approved by said Administrator,covering all operations hereunder set forth in the related
Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to
provide a certificate of insurance, a policy, or other proof of insurance as required by the
County's Risk Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability,
liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name
County as an additional insured.
Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall
waive
subrogation rights
against County.
Subcontractors: All subcontractors,subcontractors,independent Contractors,sub-vendors,suppliers
or other entities providing goods or services required by this Agreement shall be subject to all of
the requirements herein and shall procure and maintain the same coverage's required of
Contractor/Contract Professional. Contractor/Contract Professional shall include all such
subcontractors, independent Contractors,sub-vendors suppliers or other entities as insureds under its
policies or shall ensure that all subcontractors maintain the required coverages.Contractor/Contract
Professional agrees to provide proof of insurance for all such subcontractors, independent
Contractors,sub-vendors suppliers or other entities upon request by the County.
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 Contractor as part of the Contract.
Builders' Risk Insurance or Installation Floater—Completed Value Basis
Unless otherwise provided, the Contractor shall purchase and maintain,in a company or
companies lawfully authorized to do business in the jurisdiction in which the Project is located,
Builders'Risk Insurance in the amount of the initial Contract Sum,plus value of subsequent
modifications,change orders,and cost of material supplied or installed by others,comprising total
value of the entire Project at the site on a replacement cost basis without optional deductibles.
a. Policy must provide coverage from the time any covered property becomes the
responsibility of the Contractor,and continue without interruption during construction,
renovation, or installation, including any time during which the covered property is being
transported to the construction installation site,or awaiting installation, whether on or off
site.
b. Such Builders'Risk Insurance shall be maintained, unless otherwise provided in the
Contract Documents or otherwise agreed in writing by all persons and entities who are
beneficiaries of such insurance, until final payment has been made or until no person or
entity other than the County 's has insurable interest in the property to be covered,
whichever is later.
c. The Builders'Risk insurance shall include interests of the County and if applicable,
affiliated or associate entities, the General Contractor,subcontractors and sub-tier
contractors in the Project.
d. The Builders'Risk Coverage shall be written on a Special Covered Cause of Loss form
and shall include theft, vandalism, malicious mischief,collapse, false-work,temporary
buildings, transit,debris removal including demolition, increased cost of construction,
architect's fees and expenses, flood(including water damage), earthquake, and if
applicable,all below and above ground structures, piping, foundations including
underground water and sewer mains, piling including the ground on which the structure
rests and excavation, hackfilling, filling,and grading.
e. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall
specifically permit occupancy of the building during construction. County Contractor
shall take reasonable steps to obtain consent of the insurance company and delete any
provisions with regard to restrictions within any Occupancy Clauses within the Builder's
Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the
project by the County.
f. Equipment Breakdown Coverage(a.k.a. Boiler& Machinery)shall be included as
required by the Contract Documents or by law,which shall specifically covers insured
equipment during installation and testing(including cold and hot testing).
g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor
except for losses that involve all Acts of God such as flood, earthquake,windstorm,
tsunami,volcano,etc.
12. Non-Acsipnmegj. Contractor may not assign or transfer this Agreement without the
prior written approval of County.
13. Time of Essence. Time is of the essence in each and all of the provisions of this
Agreement.
14. interruptions.Neither party to this Agreement shall he liable to the other far 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 Acis of God,
fires, strikes, war,flood,earthquakes or Governmental actions.
15. Notices. Any notice required to be given under this Agreement shall be in writing and
shall be mailed or delivered to the other party at that party's address as stated above.
16. fompliance. Contractor shall strictly comply with all applicable federal and State laws,
rules and regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices. This Agreement and the provision of services
hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures,
and practices of County. In the event of a legal dispute between the parties,Contractor agrees that
the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
17. Non-Exclusive Apreement. This Agreement is nonexclusive and County may
engage or use other contractors or persons to perform services of the same or similar nature.
18. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees
that it does not knowingly employ or contract with an illegal alien who will perform work under this
contract. Contractor will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in the E-
Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c).
Contractor shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement. Contractor shall not use E-Verify Program or State of Colorado program procedures to
undertake pre-employment screening or job applicants while this Agreement is being performed. If
Contractor obtains actual knowledge that a subcontractor performing work under the public contract for
services knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor
and County within three(3)days that Contractor has actual knowledge that a subcontractor is employing
or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3)days of receiving notice. Contractor shall
not terminate the contract if within three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply
with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-
102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of
Colorado program, Contractor shall, within twenty days after hiring an new employee to perform work
under the contract, affirm that Contractor has examined the legal work status of such employee, retained
file copies of the documents, and not altered or falsified the identification documents for such
employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the
legal work status of such employee, and shall comply with all of the other requirements of the State of
Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-
17.5-101 et seq., County,may terminate this Agreement for breach,and if so terminated, Contractor shall
be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. §24-76.5-103(3), if Contractor
receives federal or state funds under the contract, Contractor must confirm that any individual natural
person eighteen (18)years of age or older is lawfully present in the United States pursuant to C.R.S. §
24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor
operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it:(a) is a citizen of
the United States or is otherwise lawfully present in the United States pursuant to federal law,(b)shall
produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq.,and(c)shall
produce one of the forms of identification required by C.R.S. §24-76.5-103 prior to the effective date of
the contract.
19. Fntire Agreement/Modifications This Agreement contains the entire agreement
between the parties with respect to the subject matter contained in this Agreement. This instrument
supersedes all prior negotiation,representation,and understanding 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.
20. Funding Contingency, 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.
21. No Conflict No employee of Contractor nor any member of Contractor's family
shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contractor's operations, or authorizes
funding to Contractor. 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
Contractor's services and Contractor shall not employ any person having such known interests.
During the term of this Agreement, Contractor shall not engage in any in any business or personal
activities or practices or maintain any relationships which actually conflicts with or in any way
appear to conflict with the full performance of its obligations under this Agreement. Failure by
Contractor to ensure compliance with this provision may result, in County's sole discretion, in
immediate termination of this Agreement. No employee of Contractor nor any member of
Contractor's family shall serve on a County Board, committee or hold any such position which
either by rule, practice or action nominates, recommends, supervises Contractor's operations,or
authorizes funding to Contractor.
22. ,Severahility. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, 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.
23. Governmental Immunity No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess.
24. 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.
25. 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.
26. Board of County Commissioners of Weld County Approval. This Agreement shall
not be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
27. Choice of Law/Jurisdiction.Colorado law,and rules and regulations established pursuant
thereto,shall be applied in the interpretation,execution,and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees
that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached Exhibits A and 6 , is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements, oral or written, and any other communications between the
parties relating to the subject matter of this Agreement.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and year written
below.
CONT
By:
Title:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST:W r�-f G• XS;1 t3s$XLA/I / /
Weld County Clerk to the Board =� -- arbara Kirkmeyer, Pro—Tem 0CT 1 3 2014
Deputy Clerk ,the Board
APPROVED AS TO FORM:
County Attorney
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:
Controller Elected/Offic Department Head
Dii cto of General Services
AM+ 30411
„ft re
REQUEST FOR BID age _'
WELD COUNTY, COLORADO - - -
I A Ir -
1150 O STREET GREELEY, CO 80631 4 $
Ii "
DATE: SEPT 17TH, 2014
BID NUMBER: B1400181
DESCRIPTION: REMOVAL/REPLACEMENT WATER STORAGE TANKS
MANDATORY PRE-BID CONFERENCE DATE: TUES, SEPT. 23R°,2014 @ 1:00PM
BID OPENING DATE: TUES, SEPT 30T", 2014 @ 10:00AM
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: TWO WATER STORAGE TANKS .
A mandatory pre-bid conference will be held at 1:00 p.m., on 9/23/14, at the Weld County 1551 N.
17th Avenue. Greeley. CO 80631(outside main entrance). Bidders must participate and record their
presence at the pre-bid conference to be allowed to submit bids.
Bids will be received at the Office of the Weld County Purchasing Department in the Weld County
Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: 10:00am on 9/30/14 jjp(eld
County Purchasing Time Clock),
PAGES 1 — 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE
REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN
PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8.
2. INVITATION TO BID:
Weld County requests bids for the above-listed merchandise, equipment, and/or services. Said
merchandise and/or equipment shall be delivered to the location(s)specified herein
Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and
discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to
pay if awarded the bid.
You can find bid information on the Weld County Purchasing website at
htto://www.co.weld.co.us/Departments/Purchasingfindex.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.
Ajd Delivery to Weld County— 3 methods:
1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com .
Emailed bids must include the following statement on the email: "I hereby waive my right to
B1400181 1
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 betyped or printed below the signature. A bid by
9 9
a person who affixes to his signature the word "president," "secretary,« «agent," or other title without
disclosing his principal, may be held to be the bid of the individual signing. When requested by the
Weld County Director of General Services, satisfactory evidence of the authority of the officer signing
in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of
anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the
person signing the bid. All bidders shall agree to comply with all of the conditions, requirements,
specifications, and/or instructions of this bid as stated or implied herein. All designations and prices
shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders
are required to use the Proposal Forms which are included in this package and on the basis indicated
in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to
ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated
in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept
unopened in a secure place. No responsibility will attach to the Weld County Director of General
Services for the premature opening of a bid not properly addressed and identified. Bids may be
withdrawn upon written request to and approval of the Weld County Director of General Services; said
request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the
part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been
awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained
herein, failure to do so will be at the bidders' risk.
In accordance with Section 14-9(3)of the Weld County Home Rule Charter, Weld County will give
preference to resident Weld County bidders in all cases where said bids are competitive in price and
quality. It is also understood that Weld County will give preference to suppliers from the State of
Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any
books, stationery, records, printing, lithographing or other supplies for any officer of Weld County).
Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award
the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County
Commissioners, is to the best interests of Weld County. The bid(s)may be awarded to more than one
vendor.
In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the
B1400181 2
Request for Bid contained herein (including, but not limited to, product specifications and scope of
services), the successful bidder's response, and the formal acceptance of the bid by Weld County,
together constitutes a contract, with the contract date being the date of formal acceptance of the bid by
Weld County. The County may require a separate contract, which if required, has been made a part of
this RFB.
4. SUCCESSFUL BIDDER HIRING PRACTICES-ILLEGAL ALIENS
Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract. Successful bidder will confirm the employment
eligibility of all employees who are newly hired for employment in the United States to perform work
under this Agreement, through participation in the E-Verify program of the State of Colorado program
established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement or enter into a contract with a
subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall
not use E-Verify Program or State of Colorado program procedures to undertake pre-employment
screening or job applicants while this Agreement is being performed. If Successful bidder obtains
actual knowledge that a subcontractor performing work under the public contract for services knowingly
employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County
within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop
employing or contracting with the illegal alien within three (3)days of receiving notice. Successful
bidder shall not terminate the contract if within three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
Successful bidder shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment.
If Successful bidder participates in the State of Colorado program, Successful bidder shall, within
twenty days after hiring a new employee to perform work under the contract, affirm that Successful
bidder has examined the legal work status of such employee, retained file copies of the documents, and
not altered or falsified the identification documents for such employees. Successful bidder shall deliver
to County, a written notarized affirmation that it has examined the legal work status of such employee,
and shall comply with all of the other requirements of the State of Colorado program. If Successful
bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County,
may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for
actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. §24-76.5-103(3), if
Successful bidder receives federal or state funds under the contract, Successful bidder must confirm
that any individual natural person eighteen (18)years of age or older is lawfully present in the United
States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under
the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under
penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the
United States pursuant to federal law, (b)shall produce one of the forms of identification required by
C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by
C.R.S. §24-76.5-103 prior to the effective date of the contract.
5. GENERAL PROVISIONS
A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. By acceptance of the bid,Weld County does not warrant that funds will be available to
fund the contract beyond the current fiscal year.
B. Confidential Information: Confidential financial information of the bidder should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the
top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity,
B1400181 3
Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public
records, and cannot guarantee the confidentiality of all documents.
C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections or other
provisions, of the Colorado Governmental Immunity Act§§24-10-101 et seq., as applicable now or
hereafter amended.
D. Independent Contractor: The successful bidder shall perform its duties hereunder as an
independent contractor and not as an employee. He or she shall be solely responsible for its acts
and those of its agents and employees for all acts performed pursuant to the contract. Neither the
successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee
of Weld County. The successful bidder and its employees and agents are not entitled to
unemployment insurance or workers' compensation benefits through Weld County and Weld
County shall not pay for or otherwise provide such coverage for the successful bidder or any of its
agents or employees. Unemployment insurance benefits will be available to the successful bidder
and its employees and agents only if such coverage is made available by the successful bidder or
a third party. The successful bidder shall pay when due all applicable employment taxes and
income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful
bidder shall not have authorization, express or implied, to bind Weld County to any agreement,
liability or understanding, except as expressly set forth in the contract. The successful bidder shall
have the following responsibilities with regard to workers' compensation and unemployment
compensation insurance matters: (a) provide and keep in force workers' compensation and
unemployment compensation insurance in the amounts required by law, and (b) provide proof
thereof when requested to do so by Weld County.
E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and
state laws, rules and regulations in effect or hereafter established, including without limitation, laws
applicable to discrimination and unfair employment practices.
F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be
applied in the interpretation, execution, and enforcement of the contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be
null and void.
G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of the contract, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall
give or allow any claim or right of action whatsoever by any other person not included in the
contract. It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under the contract shall be an incidental
beneficiary only.
H. 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
B1400181 4
bidder shall further be responsible for the timely completion, and acknowledges that a failure to
comply with the standards and requirements outlined in the Bid within the time limits prescribed by
County may result in County's decision to withhold payment or to terminate this Agreement.
K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by
County, and shall continue through and until successful bidder's completion of the responsibilities
described in the Bid.
L. Termination: County has the right to terminate this Agreement, with or without cause on thirty
(30)days written notice. Furthermore, this Agreement may be terminated at any time without
notice upon a material breach of the terms of the Agreement.
M. Extension or Modification: Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by the successful bidder
shall be the basis for additional compensation unless and until the successful bidder has obtained
written authorization and acknowledgement by County for such additional services. Accordingly,
no claim that the County has been unjustly enriched by any additional services, whether or not
there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation
payable hereunder.
N. Subcontractors: The successful bidder acknowledges that County has entered into this
Agreement in reliance upon the particular reputation and expertise of the successful bidder. The
successful bidder shall not enter into any subcontractor agreements for the completion of this
Project without County's prior written consent, which may be withheld in County's sole discretion.
County shall have the right in its reasonable discretion to approve all personnel assigned to the
subject Project during the performance of this Agreement and no personnel to whom County has
an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder
shall require each subcontractor, as approved by County and to the extent of the Services to be
performed by the subcontractor, to be bound to the successful bidder by the terms of this
Agreement, and to assume toward the successful bidder all the obligations and responsibilities
which the successful bidder, by this Agreement, assumes toward County. County shall have the
right (but not the obligation)to enforce the provisions of this Agreement against any subcontractor
hired by the successful bidder and the successful bidder shall cooperate in such process. The
successful bidder shall be responsible for the acts and omissions of its agents, employees and
subcontractors.
O. Warranty: The successful bidder warrants that services performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the provisions
of this Agreement. The successful bidder further represents and warrants that all services shall be
performed by qualified personnel in a professional and workmanlike manner, consistent with
industry standards, and that all services will conform to applicable specifications.
The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free
from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and
conform to the minimum specifications herein. The successful bidder shall warrant that he has title
to the goods supplied and that the goods are free and clear of all liens, encumbrances, and
security interests.
P. Non-Assignment: The successful bidder may not assign or transfer this Agreement or any
interest therein or claim thereunder, without the prior written approval of County. Any attempts by
the successful bidder to assign or transfer its rights hereunder without such prior approval by
County shall, at the option of County, automatically terminate this Agreement and all rights of the
successful bidder hereunder. Such consent may be granted or denied at the sole and absolute
discretion of County.
B1400181 5
Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or
failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is
due to any cause beyond its reasonable control, including but not limited to Acts of God, fires,
strikes, war, flood, earthquakes or Governmental actions.
R. Non-Exclusive Agreement: This Agreement is nonexclusive and County may engage or use
other contractors or persons to perform services of the same or similar nature.
S. Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24-50-507.
The signatories to this Agreement agree that to their knowledge, no employee of Weld County has
any personal or beneficial interest whatsoever in the service or property which is the subject matter
of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that
would in any manner or degree interfere with the performance of the successful bidder's services
and the successful bidder shall not employ any person having such known interests. During the
term of this Agreement, the successful bidder shall not engage in any in any business or personal
activities or practices or maintain any relationships which actually conflicts with or in any way
appear to conflict with the full performance of its obligations under this Agreement. Failure by the
successful bidder to ensure compliance with this provision may result, in County's sole discretion,
in immediate termination of this Agreement. No employee of the successful bidder nor any
member of the successful bidder's family shall serve on a County Board, committee or hold any
such position which either by rule, practice or action nominates, recommends, supervises the
successful bidder's operations, or authorizes funding to the successful bidder.
T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra-
judicial body or person. Any provision to the contrary in the contract or incorporated herein by
reference shall be null and void.
V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
W. Compensation Amount: Upon the successful bidder's successful completion of the service, and
County's acceptance of the same, County agrees to pay an amount no greater than the amount of
the accepted bid. The successful bidder acknowledges no payment in excess of that amount will
be made by County unless a "change order" authorizing such additional payment has been
specifically approved by the County's delegated employee, or by formal resolution of the Weld
X. Taxes: 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. Contractor shall not be
entitled to bill at overtime and/or double time rates for work done outside of normal business hours
unless specifically authorized in writing by County.
6. INSURANCE REQUIREMENTS
General Requirements: Successful bidders must secure, at or before the time of execution of any
agreement or commencement of any work, the following insurance covering all operations,goods or
services provided pursuant to this request.Successful bidders shall keep the required insurance
coverage in force at all times during the term of the Agreement,or any extension thereof, during any
warranty period, and for three (3) years after termination of the Agreement. The required insurance
B1400181 6
shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best
Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating
"Should any of the above-described policies by canceled or should any coverage be reduced before the
expiration date thereof,the issuing company shall send written notice to the Weld County Director of
General Services by certified mail, return receipt requested. Such written notice shall be sent thirty(30)
days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall
be sent ten(10)days prior. If any policy is in excess of a deductible or self-insured retention, County
must be notified by the Successful bidder. Successful bidder shall be responsible forthe payment of any
deductible or self-insured retention. County reserves the right to require Successful bidder to provide a
bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee
payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these
requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants
that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities
that might arise out of the performance of the work under this Contract by the Successful bidder, its
agents, representatives, employees, or subcontractors. The successful bidder shall assess its own
risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The
successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract
by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The
successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that
it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to
these requirements must be made in writing by Weld County.
The successful bidder stipulates that it has met the insurance requirements identified herein. The
successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of
all materials and services provided, the timely delivery of said services, and the coordination of all
services rendered by the successful bidder and shall, without additional compensation, promptly
remedy and correct any errors, omissions, or other deficiencies.
INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any
type or character arising out of the work done in fulfillment of the terms of this Contract or on account of
any act, claim or amount arising or recovered under workers' compensation law or arising out of the
failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree.
and liable for any and all injuries or damage received or
The successful bidder shall be fully responsible � g
sustained by any person, persons, or property on account of its performance under this Agreement or
its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect
of The successful bidder in its methods or procedures; or in its provisions of the materials required
herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or
other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It
is agreed that the successful bidder will be responsible for primary loss investigation, defense and
judgment costs where this contract of indemnity applies. In consideration of the award of this contract,
the successful bidder agrees to waive all rights of subrogation against the County its associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers for losses arising from the work performed by the successful bidder for the County. A failure
to comply with this provision shall result in County's right to immediately terminate this Agreement.
Types of Insurance: The successful bidder shall obtain,and maintain at all times during the term of any
Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the successful bidder's employees acting within the course and scope of their
employment. Policy shall contain a waiver of subrogation against the County. This requirement shall
not apply when a successful bidder or subcontractor is exempt under Colorado Workers'
Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole
proprietor waiver form.
B1400181 7
r
Commercial General Liability Insurance for bodily injury, property damage,and liability assumed under an
insured contract,and defense costs,with the minimum limits must be as follows:
$1,000,000 each occurrence;
$2,000,000 general aggregate;
$2,000,000 products and completed operations aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Successful bidder shall maintain limits of$1,000,000 for bodily injury per person,
$1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all
vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned
vehicles used in the performance of this Contract.
Successful bidders shall secure and deliver to the County at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of the Agreement as the same may
be extended as herein provided, a commercial general liability insurance policy, including public
liability and property damage, in form and company acceptable to and approved by said Administrator,
covering all operations hereunder set forth in the Request for Bid.
Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate
of insurance, a policy, or other proof of insurance as required by the County's Risk
Administrator in his sole discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor
liability, and inland marine, Successful bidder's insurer shall name County as an additional
insured.
Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation
rights against County.
Subcontractors: All subcontractors, subcontractors, independent contractors, sub-vendors, suppliers
or other entities providing goods or services required by this Agreement shall be subject to all of the
requirements herein and shall procure and maintain the same coverage's required of Successful
bidder. Successful bidder shall include all such subcontractors, independent contractors, sub-
vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors
maintain the required coverages. Successful bidder agrees to provide proof of insurance for all
such subcontractors, independent contractors, sub-vendors suppliers or other entities upon
request by the County.
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the
Response to the Bid each of which forms an integral part of this Agreement. Those documents are
specifically incorporated herein by this reference.
81400181 8
SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING:
This bid is for the removal and replacement of two water storage tanks with heat exchangers within the Weld
County Jail. The Weld County Jail is located at 2110 O-Street, Greeley, CO.
This is a turn-key replacement project of the Hot Water Storage tanks and associated hardware and will
include the following:
1. Removal of the old storage and expansion tanks and installation of new storage and expansion tanks.
2. Replacement storage tanks must meet the minimum requirements of the existing unit which is a
Wessels/Bell &Gosset Water Storage tank with single wall heat exchanger, or equivalent.
3. Replacement expansion tanks must meet the minimum requirements of the existing units which are a
Wessels NLA-10000 expansion tank, or equivalent AND a ST210V thermal expansion tank or
equivalent.
4. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory
requirements.
5. Payment and Performance bond is required
A mandatory pre-bid conference will be held on Tuesday, September 23, 2014 at 1:00 PM, at 1551 North
171h Ave, Greeley, CO 80631.
Bids will be received up to, but not later than Tuesday, September 30, 2014 at 10:00(WELD COUNTY
PURCHASING TIME CLOCK).
TOTAL $
START DATE
FINISH DATE
B1400181 9
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. #61400181
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
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS#98.03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -8.
B1400181 10
Attached are the questions and answers from the Jail Water Storage Tank replacement(Bid#:
81400181) pre-bid meeting which was conducted on September 23,2014.
1. Question: Is a double wall heat exchanger required?
Answer:Yes.
2. Question: How long can the system be down because the job cannot be done one day?
Answer:The water can be off over the course of one weekend starting Friday at 6 PM. Notice as
to which weekend needs to be provided by the contractor two weeks in advance so meals can
be planned.
3. Question: Can a plate exchanger system be used in lieu of current tank set up?
Answer:Yes. However,contractor must provide documentation with bid that shows the plate
exchanger will meet the minimum requirements of the existing. In addition all equipment must
remain within the confines of the mechanical room.
4. Question: Can you find the original prints and provide the gallons and recovery of the current
tanks?
Answer:Yes. The schedule sheet detailing this has been added to this response.
5. Question:Will an ASME tank be required for replacement?
Answer:Contact the Weld County Building inspections department at(970)353-6100 x 3540 to
determine code requirement on the tank.
6. Question:Can you provide a fixture count of equipment on this system?
Answer:The fixture count is:
Kitchen
Commercial Kitchen dishwasher: 1 each
Prep sinks:4 each
Pot pan sinks:3 faucets
Hand wash sinks:2 each
Mop Sink: 1 each
Lay: 1 each
Laund
Commercial washers;3 each
Inmate Storage
Washer: 1 each
Booking
Lay/toilet combo: 11 each
Break room
Lay: 3 each
Admin
Lav/shower: 18 each
Medical
Lav/shower: 12 each
Washer:1 each
10/9/2014 8 :03 AM FROM: Flood and Peterson TO: 9703367226 P. 2
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„,;,,,t CERTIFICATE OF INSURANCE
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE
CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING. 70 DAYS PRIOR WRITTEN NOTICE TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM
THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY
ANY POLICY DESCRIBED BELOW.
This certifies that ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois
8 STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas,Texas, or
❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois
has coverage in force for the following Named Insured as shown below:
NAMED INSURED: Air-Systems Engineering Inc
ADDRESS OF NAMED INSURED: 6809 Willow Vista Ct, Loveland, CO 80537-9315
POLICY NUMBER 145 7299-A07-06 205 6815-B01-06 095 1643-x16-06 276 8475-B21-06
EFFECTIVE DATE
OF POLICY 07/07/14-01/07/15 08/01/14-02/01/15 05/16/14-11/16/15 08/21/14-08/21/15
DESCRIPTION OF
VEHICLE(Including VIN) 2007 GMC W4500 20D8 Ford E150 2001 Ford F350SD BNOL
LIABILITY COVERAGE ®YES ❑NO 0 YES ❑ NO Z YES ❑ NO ®YES ❑NO
LIMITS OF LIABILITY
a.Bodily Injury
Each Person . .
Each Accident
b.Property Damage
Each Accident
c.Bodily Injury&
Property Damage
Single Limit
Each Accident $1 Million $1 Million Si Million Si Million
PHYSICAL DAMAGE
COVERAGES ®YES ❑NO Egi YES ❑NO ®YES ❑ NO ❑YES ❑ NO
a.Co henslve $500 Deductt ie $100 Deductible $100 Deductible $ Deductible
®YES ❑NO is YES ❑NO ®YES ❑NO DYES ❑NO
b.Collision $500 Deductible $500 Deductble $500 Deductible $ Deductible
NED
CAREMPL0YERS covE AGE YES ❑ NO ❑YES ❑ NO ❑YES ❑NO ®YES ❑ NO
CAR LIABILm COVERAGE ❑
HIRED CAR LIABILITY
COVERAGE ❑YES ❑NO ❑YES ❑ NO ❑YES ❑ NO ❑YES ❑NO
FLEET-COVERAGE FOR
t0TO VEH�iES D ❑YES ❑ NO ❑YES ❑ NO ❑YES ❑NO ❑YES ❑ NO
Agent 05-2339 10/08/2014
gnetu row d nee five Title Agents Code Number Date
Name and Address of Cei• ee Holder Name end Address of Agent
Weld County, Co.
1150 '0" Streot Trumbo Insurance Agency Inc
•
Greeley, Co 80631 3780 E 15th St St. 202
Fax $ 970-336-7226 Loveland, CO 80538
Attn: Toby Taylor
INTERNAL STATE FARM USE ONLY: 0 Request permanent Cerificele of Insurance for liability coverage.
122429,2 Rev.06.10.2004 ❑Requeal Cerlficate Holder to be added as an Additional Insured,
RESOLUTION
RE: APPROVE EMERGENCY BID #B1400181 FOR REMOVAL/ REPLACEMENT HOT
WATER STORAGE TANKS WAIVER OF TEN-DAY WAITING PERIOD
FOR CONSIDERATION AND INVESTIGATION - DEPARTMENT OF BUILDINGS AND
GROUNDS
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Department of Purchasing has requested waiver of the ten-day waiting
period for Emergency Bid Request #61400181, Removal/Replacement of Hot Water Storage
Tanks, for the Department of Buildings and Grounds, due to an unexpected leak, and
WHEREAS, the Board of County Commissioners deems it advisable to waive the
ten-day waiting period for said emergency bid.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the ten-day waiting period for Emergency Bid Request #61400181,
Removal/Replacement of Hot Water Storage Tanks, for the Department of Buildings and
Grounds, be, and hereby is, waived.
BE IT FURTHER RESOLVED by the Board that the low bid from Air Systems
Engineering, Inc., in the amount of $148,785.00, be, and hereby is, accepted on an emergency
basis.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of October, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO RADO
ATTEST: the/4,v ( Co,(.1 C
oyglas demacher, C air
Weld County Clerk to the Board
a ) J ( ;- .�
• f k earbara Kirkmeykr, Pro-Terri
De.ut'Clerk to the : oard is6
ean P.
Conway CD-
t;zAPPF2 Ate@ FORM: ® ..` Mike ma u o
unty Attorney �� ,
10/ kam as
Date of signature: )La
2014-3042
PO0016
BG0016
CC' tW, ll� 1°hpo
X86' DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 304-6531
FAX: (970) 304-6532
LLL J V ITE: www.co.weld.co.us
. N T Y WEBS
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
October 2, 2014
To: Board of County Commissioners
From:Toby Taylor
Subject: Removal/Replacement Hot Water Storage Tanks; Bid #B1400181
As advertised, this bid is to replace the hot water storage tanks at Phase 1 of the Jail. These tanks
provide the hot water to the Jail's kitchen, laundry, medical and close watch unit. These tanks sprang an
unexpected leak. We have managed to get a temporary repair in place and the hot water restored. The
duration of this repair is unknown.
The low bid received to replace a like-for-like system was from Air Systems Engineering Inc. and meets
specifications. Air Systems Engineering Inc. also submitted an alternate for a less expensive system.
However, discussions regarding this system reveal there is not a long performance history for this type
of system thus longevity and reliability are questionable.
Given this information, Buildings & Grounds is recommending the bid be awarded the low bidder, Air
Systems Engineering Inc., for the like-for-like replacement for$148,785.
In addition, we are requesting emergency approval due to the unknown time that the temporary repair
will last and the length of time needed for the manufacturer to provide the replacement equipment.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
/0 / 2014-3042
/ �
WELD COUNTY PURCHASING
1150 O Street Room #107, Greeley CO 80631
' � t»- E-mail: mwaltersco.weld.co.us
r.ra _ $, , E-mail: reverett(a�co.weld.co.us
lr Phone: (970) 356-4000, Ext 4222 or 4223
aUN ;
r Fax: (970) 336-7226
DATE OF BID: September 30th, 2014
REQUEST FOR: REMOVAL/REPLACEMENT HOT WATER STORAGE TANKS
DEPARTMENT: BUILDINGS & GROUNDS DEPT
BID NO: #B1400181
PRESENT DATE: October 6th 2014
APPROVAL DATE: OCTOBER 6th, 2014 (EMERGENCY APPROVAL)
START COMPLETION
VENDOR TOTAL COST DATE DATE
AIR SYSTEMS ENGINEERING INC $148,785 8 to 10 wks aro 1 week after
6809 Willow Vista Ct receiving equipment
Loveland CO 80537
AIR SYSTEMS ENGINEERING INC $ 69,910(Alternate) 4 wks aro 1 week after
6809 Willow Vista Ct receiving equipment
Loveland CO 80537
CORMAN MECHANICAL CONTRACTORS $230,300 8 to 10 wks aro Following Friday
1040 36th Street $49,800(deduct) for
Evans CO 80620 single wall heat exchanger
*TOBY TAYLOR/BLDGS & GROUNDS IS REVIEWING THE BIDS AT THIS TIME.
)0/i
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