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HomeMy WebLinkAbout20142672.tiff X861 DEPARTMENT OF BUILDINGS AND GROUNDS I I / r' . ` PHONE: (970)304-6531 VIII ir! `�r / FAX: (970) 304-6532 675 U N T YS WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY,COLORADO 80632 September 30, 2014 To: Board of County Commissioners From:Toby Taylor Subject:Change Order for Parkway House Demolition The Parkway required one house and the basement of another house to be demolished. The basement to be demolished had a house located on it. This house was supposed to be moved to another location to allow access to demolish the basement. This house did not get moved as scheduled. Therefore,the demolition contractor had to move to another job. The change order for$6,273.44 is to cover re- mobilization fees and idle time waiting on the house move. Buildings and Grounds is recommending approval of this change order. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director A9//7—AO2i 7 dg af(, Weld County Government PROPOSED CHANGE ORDER 1150 O Street No. 00001 Greeley,CO 80631 TITLE: Re-mobilization Charges DATE:9/26/2014 PROJECT:Weld County Parkway House Demo JOB: 1420 TO: Attn: Marguerite Romero CONTRACT NO: 1 TCC Corporation PO Box 567 Windsor, CO 80550 Phone: 970-460-0583 Fax: 970-460-0871 RE: To: From: Number: DESCRIPTION OF PROPOSAL Move Equipment off site while waiting for the 2nd house to be moved. Six Idle days for equipment to sit and wait. Move equipment back to site. General Conditions for 3 extra days of TCC time. Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Move equipment°IT site 1.000 5150.00 0.00% $0.00 $150.00 00002 Six idle days for equipment to 1.000 $3,966.36 0.00% $0.00 $3,966.36 sit and wait. 00003 Move equipment back to site, 1.000 5150.00 0.00% $0.00 $150.00 00004 General Conditions for 3 extra 1.000 $1,200.00 0.00% 50.00 51,200.00 days of TCC time. 00005 Administration and 1.000 $212.25 0.0070 50.00 $212.25 Coordination 00006 General Liability Insurance 1.000 S24.I3 0.00% $0.00 $24.13 00007 Builders Risk Insurance 1.000 52.84 0.00% $0.00 52.84 00008 Contractor's Fee 1.000 5567.86 0.00% 50.00 $567.86 Unit Cost: $6,273.44 Unit Tax: $0.00 Total: $6,273.44 APPROVAL: BY: )/At 1f )1 e-a. By: arguerite Romero Date: i`. 9-/y Date: t0I1 - aVP A J • • 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 TCC Corporation,whose address is 541 E.Garden Drive,Unit O, Windsor, CO 80550 ("Contractor"). WHEREAS,County desires to retain Contractor as an independent contractor to demolish a building as more particularly set forth below; and WHEREAS,Contractor is willing to perform the demolition according to the terms of this Agreement. NOW THEREFORE,in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Fnvanrment of Contractor. County hereby retains Contractor, and Contractor hereby accepts engagement by County upon the terms and conditions set forth 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 September 19,2014. 3. $ervices to be 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. 4. Compensation. a. County agrees to pay Contractor the sum of$18,716.00 for the building construction. b. Payment to Contractor will be made in full within 30 days of completion of demolition. c. Permit fees shall be paid separately by County. 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 be, agents or employees of the County for any purpose. Contractor shall have no 6 Q � / 40 rely 44V aati-al,7Z 4-3-au y CC: At Amw) ea 0014, 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. 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. 10. Jnsurance and Indemnification. Contractor shall adequately protect the work and the public during construction. Contractor shall defend and indemnify County, its officers and agents, from and against loss or liability arising from Contractor's acts, errors or omissions in seeking to perform its obligations under this Agreement. Contractor shall provide necessary workers' compensation insurance at Contractor's own cost and expense. Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations,goods or services provided pursuant to this request.Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof, during any warranty period, and for three (6)six years after termination of the Agreement. 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. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contractor'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; $500,000 errors and omissions; $5,000 Medical payment one person; Automobile Liability: Contractor/Contract Professional shall maintain limits of$1,000,000 for bodily injury per person,$1,000,000 for bodily injury for each accident,and$1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non-owned vehicles used in the performance of this Contract. 11. General Provisions. a. Contractor agrees to provide all labor and described materials for the Scope of Work set forth in Exhibit A. b. Contractor shall re-execute any work that fails to conform to the requirements of the Scope of Work in Exhibit A. c. Contractor shall remove all related debris from the building site that occurs as during demolition. d. To the extent required by law,all work shall be performed by individuals licensed and authorized by law to perform the work detailed in Exhibit A. Contractor may let other contracts in connection with the work to be performed pursuant to this Agreement. 12. Non-Assignment. 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. Jnterruptions.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 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. fomplianee. 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-Exelusive Agreement,. 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. 68-17.5-101. 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. Entire 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. $everability. 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. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date and year written below. CONTRACTOR:TCc Gop..000.4+ow By: � Tuj� Title: 4µ.,..:��.Q' ATTEST4 " `�- BOARD OF COUNTY CLERK TOTHE BOARD COMMISSIONERSOF(WELD COUNTY By. _ _ ,mopw BY eJV C yit deputy Cler o the Board '`�,' !lea% Dough Rademacher, Chairman SEP 0 3 2014 1/42 *i 101 biP� ,,,,,,,,,,,,,,,,,,,, REQUEST NO No. #61400155 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: JULY 29th, 2014 PAGES 1 -7 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 -7 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 7. I. 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: PARKWAY HOUSE DEMOLITION BUILDINGS &GROUNDS DEPT A. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: FRIDAY, AUGUST 22, 2014 a 10:00 a.m. (Weld County Purchasing Time Clock). II. INVITATION TO BID: A. Weld County requests bids for the purchase of the above-listed merchandise, equipment, and/or services. B. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. C. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. D. You can find bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasinq/index.html located under Current Request for Bids. Weld County Government joined the Rocky Mountain E-Purchasing System. The Rocky Mountain E-Purchasing System (BidNat®) 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. E. Mandatory pre-bid meeting: Wednesday, August 13, 2014 at 9:00 AM, at Weld County Parkway, 23459 Weld County Road, Greeley CO 80634. Toby Taylor will handle this project. Make sure you are on time. F. Bid 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 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 bids (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. III. INSTRUCTIONS TO BIDDERS: A. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. B. Bids may be withdrawn upon written request to and approval of the Weld County Director of General Services; said request being received from the withdrawing bidder prior to the time fixed for 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. C. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the bidders' risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein, unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. E. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section I., entitled, "Notice to Bidders." F. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. Any item supplied to Weld County shall be new and of the manufacturer's current model unless otherwise specified. I. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). BID REQUEST NO#B1400155 Page 2 J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. K. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing. No employee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of General Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. L. The successful bidder shall indemnify and hold harmless Weld County against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. M. The successful bidder certifies that it shall comply with the provisions of C.R.S. § 8-17.5-101, et seq. The successful bidder shall not knowingly employ or contract with an illegal alien to perform work under the contract or enter into a contract with a subcontractor that fails to certify to the successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the contract. The successful bidder represents, warrants, and agrees that it: (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. § 8-17.5-102(2)(b). The successful bidder shall comply with all reasonable requests made in the course of an investigation under C.R.S. § 8-17.5-102 by the Colorado Department of Labor and Employment. If the successful bidder fails to comply with any requirement of this provision or C.R.S. § 8-17.5-101, et seq., Weld County may terminate the contract for breach and the successful bidder shall be liable for actual and consequential damages to Weld County. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5- 103(3), if the successful bidder receives federal or state funds under the contract, the successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If the successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. N. All goods shall remain the property of the seller until delivered to and accepted by Weld County. O. Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services for the premature opening of a bid not properly addressed and identified. P. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFP. Q. 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. BID REQUEST NO#81400155 Page 3 R. Upon the election by Weld County, no delivery of materials, equipment or services shall become due or be accepted unless a purchase order shall first have been issued by the Weld County Director of General Services. It is understood that it is necessary for all invoices to be made out to "Weld County, Colorado," not to the Department securing the merchandise. All invoices should be sent to: Weld County, Accounting Department, P. O. Box 758, Greeley, Colorado 80632. S. These instructions, the proposal forms, and specifications have been developed with the hope of raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. T. Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information the word, and "CONFIDENTIAL." Bidders are warned that financial information submitted without such denotation may be subject to public disclosure, pursuant to the terms of the Colorado Open Records Act. IV. DEFINITIONS A. "Standard:" When the word "standard" is used in the specification to describe an item of equipment or in assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof B. "Reputable Manufacturer:"A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. C. "Or Equal:"The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. V. GENERAL SPECIFICATIONS, CONDITIONS AND INFORMATION A. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. B. Warranty: The successful bidder shall warrant that: 1. The goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and 2. The goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and 3. The goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein BID REQUEST NO#B1400155 Page 4 4. 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. All warranties made by the successful bidder, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. C. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. D. General Information: Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. E. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. F. 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. G. 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. H. 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. I. 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. J. 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. BID REQUEST NO#61400155 Page 5 K. 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. L. 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. M. 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. N. Insurance Requirements. 1. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty(30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self-insured retention, County must be notified by the Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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. 2. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: a. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's Contract Professional's employees acting within the course and scope of their employment. b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: $1,000,000 each occurrence; H. $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; iv. $50,000 any one fire; and v. $500,000 errors and omissions. BID REQUEST NO#B14001SS Page 6 3. 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. 4. Additional Provisions: a. 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; H. 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. b. 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. 5. Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") 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. 6. Proof of Insurance: County reserves the right to require 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. 7. 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. 8. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. 9. 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 coverages 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 also 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. BID REQUEST NO#B1400155 Page 7 SPECIFICATIONS This bid is for the demolition of the building located at 23459 Weld County Road 58, Greeley, Colorado. This is a turn-key demolition project to remove the house and all foundations to facilitate the installation of the new Weld County Parkway. This building demolition will include the following: 1. Demolition and removal of building, structures and foundations. 2. Demolition and removal of adjacent site improvements 3. Demolition materials are to be removed from site and disposed of in accordance with applicable directives. 4. Trees (on North Side) are to remain undisturbed to the maximum extent possible. 5. Removal of below-grade construction and utilities. 6. Fees for permits through Weld County will be waived. 7. Disconnect, seal and cap the utilities in accordance will local codes. 8. Removal of septic system is required. Inspection/certification by Weld County Public Health is required. 9. Storage or sale of removed items or materials on-site is not permitted 10. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 11. All hazardous materials (to include refrigerant) must properly be removed, evacuated, and disposed of by contractor during demolition process. 12. Refrigerant shall be removed, stored and disposed of in accordance with regulations. 13. Locate, identify, disconnect and seal/cap off utilities serving the buildings to be demolished. 14. The remaining hole in the site pad will be left(not backfilled). However the hole shall be sloped to mitigate any hazards. 15. Conduct building demolition and debris removal operations to ensure minimum interference with roads, streets, walkways, and adjacent occupied facilities. 16. Anticipated bid award and start day is September 8, 2014. Please provide your finish date as removal of this house is critical for the follow-on Parkway Road project. PRICING TOTAL $ FINISH DATE ***NOTICE MANDATORY PRE-BID MEETING ON FIRST PAGE*** 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. #61400155. 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. BID REQUEST NO#B1400155 Page 8 FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID# SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS#98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 -7. (SEND ONLY PAGES 8-9) BID REQUEST NO#B14001SS Page 9 Attached are the questions and answers from the Parkway House Demolition (Bid #: B1400155) pre-bid meeting which was conducted on August 13, 2014. I. Question: Is a Bid bond required? Answer: No 2. Question: The bid specs identify the septic tank is to be removed. Yet it appears to be located on the side we are not demolishing? Answer: The septic tank will remain undisturbed. You are only required to dig down and cap the inlet portion of the line and mark it for future use. 3. Question: Given the asbestos removal time-frame, what is the absolute latest date is the demolition to be accomplished? Answer: No later than September 19, 2014 . BID REQUEST NO#61400155 Page 10 • • RESOLUTION RE: ACTION OF BOARD CONCERNING WAIVER OF TEN-DAY WAITING PERIOD FOR CONSIDERATION AND INVESTIGATION OF BID #B1400155, PARKWAY HOUSE DEMOLITION - 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 Bid Request #B1400155, Parkway House Demolition, for the Department of Buildings and Grounds, due to a schedule deadline of September 19, 2014, to accommodate Weld County Parkway road construction, and WHEREAS, the Board of County Commissioners deems it advisable to waive the ten-day waiting period for said bid. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the ten-day waiting period for Bid Request #61400155, Parkway House Demolition, for the Department of Buildings and Grounds, be, and hereby is, waived. BE IT FURTHER RESOLVED by the Board that the low bid from TCC Corporation, in the amount of$18,716.00, be, and hereby is, accepted. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of August, A.D., 2014. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: dim., scfres.a Gtrr cr Qpk1s? r/t't[i. Douglag Rademacher, hair Weld County Clerk to the Board 6U / � arbara Kirkmeyer, ro-Tem BYrs 1. Ir . u•! 's4ts..a, De.u ,! Clerk to th; Boar. `t p ,am �ean P. Conway "R• lED A • e"Mi 11161 ? CUSED ike Free an u Attorney William F. Garcia Date of signature: / /i4 et: 'PRlzE,no) 2014-2672 qjq P00016 BG0016 1861 �y__ DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 7aL � pFAX: (970) 304-6532 WEBSITE: www.co.weld.co.us G O_U N T Y 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 August 26, 2014 To: Board of County Commissioners From:Toby Taylor Subject: Parkway House Demolition; Bid #B1400155 As advertised, this bid is to demolish the house located at 23459 WCR 58 Greeley, CO to accommodate the new Weld County Parkway. The low bid received was from TCC Corporation and meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to TCC Corporation for$18,716.00. Since the house is needed to be demolished prior to September 19, 2014 to accommodate the Parkway road construction, Buildings and Grounds is requesting emergency approval in order for the Parkway road project to remain on schedule. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director WELD COUNTY PURCHASING igbi /W 1150 O Street Room #107, Greeley CO 80631 '` •- ^"_- ,• - E-mail: mwaltersCo�co.weld.co.us in i 1 E-mail: reverettCa�co.weld.co.us M;i 7 i ; Phone: (970) 356-4000, Ext 4222 or 4223 C o u N?y Fax: (970) 336-7226 DATE OF BID: AUGUST 22, 2014 REQUEST FOR: PARKWAY HOUSE DEMOLITION DEPARTMENT: BUILDINGS & GROUNDS DEPT BID NO: #61400155 PRESENT DATE: AUGUST 27, 2014 APPROVAL DATE: AUGUST 27, 2014**SAME DAY - EMERGENCY APPROVAL** FINISH VENDOR TOTAL COST DATE TCC CORPORATION $18,716.00 5 WORKING DAYS 541 E GARDEN DR UNIT O WINDSOR CO 80550 EARTH SERVICES & ABATEMENT INC $29,518.00 9/19/14 6700 E 50 AVE COMMERCE CITY CO 80022 PROPERTY ASSURANCE $34,000.00 9/19/14 3858 SOUTH KALAMATH ST **or before w/permits ENGELWOOD CO 80110 & asbestos done** AGRITRACK INC $36,000.00 4 WORKING DAYS 27451 CR 388 KERSEY CO 80644 ** Bids are being reviewed at this time by dept** 2014-2672 Hello