Weld County Finance Department Purchasing Division

1301 North 17th Avenue Greeley, Colorado 80631

Purchase & Installation of Equipment - Invitation for Bid (IFB) Cover Sheet

Bid Number: B2600081

Title: Jail 1 West – Shower Boxes and Lavatories Replacements

Advertisement Date: July 21, 2026

Pre- Bid Meeting: August 4, 2026, at 10:00 am

Pre- Bid Location: 2110 O Street Greeley, CO 80631 – Front Lobby

Questions Due: August 11, 2026, by 10:00 am

Questions Posted: August 12, 2026, by 5:00 pm

Questions email: bids@weld.gov

Bid Due Date: August 19, 2026, by 10:00 am, Purchasing’s Clock

Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301

North 17th Avenue, Greeley, CO 80631

For additional information: bids@weld.gov

Documents Included in this Bid Package

IFB Schedules

Schedule A: Bid Instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance & Bonds Schedule F: Weld County Contract

IFB Attachments

Form Revision 6-2025 mailto:bids@weld.gov mailto:bids@weld.gov

Table of Contents

Purchase & Installation of Equipment - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1

IFB Schedules 1 IFB Attachments 1

Table of Contents 2 Schedule A - Bid Instructions 3

Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4

Schedule B - Scope of Work 6 Project Overview 6 Method of Procurement 6 Delivery Method 6 Pricing Method 6 Specific Requirements and Responsibilities 6

Schedule C - Procurement Schedule 10 Schedule D - Bid Response Form 11

Bid Submittal Instructions 11 Fees 11

Schedule E – Insurance and Bonds 13 Insurance 13 Bonds 14 Insurance Mailing Information 15

Schedule F - Weld County Contract 16 Contractual Obligations 16 Weld County Standard Contract 16

Solicitation # B2600081 Page 2

Schedule A - Bid Instructions

Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, “Weld County”), wishes to purchase the following:

Jail 1 West – Shower Boxes and Lavatories Replacements

A Mandatory pre-bid conference will be held on August 4, 2026, at 10:00am at the Weld County Jail in the front lobby located at, 2110 O Street Greeley, CO 80631. Bidders must participate and record their presence at the pre-bid conference to be eligible to submit bids.

Bids will be received until: August 19, 2026 at 10:00 am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 19, 2026 at 10:30 am. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631.

Bid Advertisement You can find information concerning this request on the BidNet Direct website at https:// www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system.

Bid Submission

1. PREFERRED: email bids to bids@weld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time.

2. PDF format is required. 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 your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions.

Introductory Information

1. Bids shall be typewritten or written in ink on forms prepared by the Weld County

Purchasing Division. Each bid must give the full business address of bidder and be signed

Microsoft Teams By Phone

Join: Teams Meeting Meeting ID: 263 576 270 864 391

Passcode: mN9cN7kP

+1 720-439-5261,,444446712# United States, Denver

Phone conference ID: 444 446 712# https://www.bidnetdirect.com/ https://www.bidnetdirect.com/ mailto:bids@weld.gov https://www.bidnetdirect.com/ https://teams.microsoft.com/meet/263576270864391?p=LfpuTKBsUDHfuO9M2U by authorized person. 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 Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder.

2. 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 Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager 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 Procurement Manager; 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.

3. 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.

4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners.

Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing.

Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms.

Schedule B - Scope of Work

Project Overview Weld County is seeking bids for a vendor to provide Shower Boxes and Lavatories Replacements for the Weld County Jail – 1 West.

Method of Procurement Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation.

When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation’s terms and conditions are required. Incomplete or non-responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an IFB contract.

Delivery Method

Design-Bid-Build (DBB): Design-Bid-Build (DBB) is the traditional project delivery method in which County either designs or retains a designer to furnish complete design services. Then solicits bids (advertises) and awards a separate construction contract based on the designer's completed construction documents. In DBB, the agency "owns" the details/risks of design during construction and as a result, is responsible for the cost of any errors or omissions encountered in construction.

Pricing Method

Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not-to-exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs.

Specific Requirements and Responsibilities

The scope of this project is for removal and installation of new shower boxes and lavatories for Jail

– 1 West per this invitation for bid. Below is a list of plumbing fixtures needed for this project.

PODs A, B, C Upper Shower Boxes

1. M116-W-CSH-RD-PBH - Modular Stainless Steel Acme Wall Mount Shower MODIFIED to be 72" overall length x 14" high x 6" deep with 12" x 24" access panel between stations.

*6 panels with two heads* refer to M116-E511-2 - Quantity of 6 total units.

PODs A, B, C Lower Shower Boxes

2. M116-W-CSH-RD-PBH - Modular Stainless Steel Acme Wall Mount Shower MODIFIED to be 72" overall length x 14" high x 6" deep with 12" x 24" access panel between stations.

*3 panels with two heads & 1 panel with one head and the ADA station* refer to M116- E511-2 - Quantity of 6 total units.

3. M116ADA-W - Modular Stainless Steel Acme Wall Mount ADA Shower MODIFIED to be 12" WIDE x 31" high x 6" deep with 8" x 24" access panel between stations.

*3 panels with two heads & 1 panel with one head and the ADA station * refer to M116- E511-1 - Quantity of 3 total units.

PODs A, B, C Upper & Lower Lavatories

4. M1652FA-1-BPH-04-M-PBH - Front Access, ADA Compliant Stainless Steel Security

Lavatory with Oval Bowl MODIFIED similar to E530 but to be 96" with 3 stations. Quantity of 6 total units.

PODs A, B, C Upper & Lower Drinking Fountains

5. M1652FALRB-1-DMS-03-M - Front Access, 18 inch, ADA Compliant Stainless Steel Security

Lavatory with Rectangular Bowl MODIFIED to include two deck mount spouts, one for cold and one for insta-hot water tank. Quantity of 6 Total Units

PODs A, B, C Upper & Lower Toilets and Urinals

6. a. R2141-T-3 - Siphon Jet Toilet, On Floor, Floor Outlet, Top Supply (Exposed) –

Quantity of 6 Total

b. 2802-TLT-FVH-HET-LH-SLPT - <p>Flush Valve Cover with Flush Valve, Toilet Fixture, Flush Valve, Hydraulics, High Efficiency Toilet, Left Hand, Sloping Top</p> - Quantity of 6

c. 2162-T-1-1.0 - <p>Washout Urinal, Top (Exposed), Off-Floor, Wall Outlet, 1.0 GPF</p> Quantity of 6

d. 2802-URNL-FVH-1.0-LH-SLP T - <p>Flush Valve Cover with Flush Valve, Urinal Fixture, Flush Valve, Hydraulics, 1.0 GPF, Left Hand, Sloping Top</p> Quantity of 6

A. General Project Requirements:

1. All fixtures must be Acorn manufactured products as specified above. The County will not accept any alternates to these specified fixtures.

2. All submittals will need to be provided to the County project manager for review and approval no later than thirty (30) days after contract execution.

3. Engineered submittals will be required for this project.

4. Contractor to identify in bid response material deposit costs if applicable.

5. This project will be phased into three phases. It will be the contractor’s responsibility to coordinate all phases.

6. Contractor is responsible for appropriate anchoring for all lavatories. Anchors to be through bolt with adequate backing plate in laundry space. All hardware and backing to be 316 Stainless Steel.

7. All fixtures to be anchored per manufacturer recommendations. All installations to be per manufacturer recommendations.

8. Contractor to provide adequate ball valve shut offs inside shower box enclosure to be access through manufacturer provided access.

9. Contractor to replace all shut off valves for all fixtures.

10.All insta hots to be replaced with Insinkerator (HWT-00) for all drinking fountains.

11. Contractor to provide Sani Seal BL01 for all toilet outlets. All urinals to have Harvey Wax-Free

Seal: Universal Rubber Model Number 070093.

12.Any cast iron toilet flanges that are deemed unusable are to be replaced by the contractor.

13.Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receives written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays.

14.Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor’s responsibility for tracking and maintaining all RFI’s. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request.

15.Contractor is responsible for all material handling and deliveries. Weld County will not accept any deliveries made to the building. The contractor will use the work area(s) for any onsite storage that may be needed.

16.The contractor will provide a full-time superintendent or project manager on site while any work is being performed.

17.The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors have to clean or move materials or equipment that were not properly stored the contractor will assume all associated costs.

18.Contractor is responsible for identifying and avoiding all in wall plumbing and electrical by any means necessary. It will be the contractor’s responsibility to repair any damaged utilities within the wall.

19. In the event that repairs are needed due to damage, the contractor will be responsible for but not limited to all masonry, painting, plumbing, and electrical repairs.

20.Contractor to provide non-pick caulking around all fixtures (Contractor to submit colors prior to execution). Contractor is responsible for providing epoxy coating corner to corner on each wall that fixtures are being replaced. The Weld County Project Manager will determine the color required for this coating.

21.Contractor must submit daily logs or project updates to the Weld County project manager on a weekly basis at a minimum.

22.All work can be completed during normal business hours. The contractor to include in pricing all shutdowns to occur during off hours or at night. All shutdowns are to be coordinated 2 weeks prior to starting work.

23.Any excessive noise produced work must be coordinated with Weld County Project Manager 1 week in advance. Excessive noise includes but is not limited to. Hammer drilling, concrete demo, radios, or any excessive noise that disturbs normal building operations. Weld County project manager has the sole discretion to determine if any noise is excessive.

24.Normal business hours are Monday through Friday from 7:00 am to 5:00 pm.

25.Contractor is responsible for maintaining dust control at all times so as to not disturb the normal operations of the building. All temporary walls and or partitions are the responsibility of the contractor.

26.Contractor to retain and reuse electrical custom cover for drinking fountains. If not reusable contractor is to get new cover made.

27.Contractor is responsible for maintaining existing building conditions. At no time is the building to be without power, mechanical systems, and plumbing systems.

B. Project Close Out Requirements:

1. Contractor will provide a digital copy of the complete sets of O&M manuals.

2. Contractor will provide all manufacturer’s warranty documentation for all equipment.

3. Contractor will provide a detailed report for all craftsmanship and labor warranties.

4. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties.

5. Contractor will provide formal training as outlined and required by all manufacturer’s recommendations, to Weld County’s designated staff.

6. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project.

C. Project Standard Terms and Conditions:

1. RFI’s are only to be sent through the County project manager. RFI responses will be sent from the County project manager to the construction team. Direct submissions to or responses from any other source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed

2. All damages to building structure and finishes shall be repaired to original conditions as a part of this contract.

3. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. Contractor is responsible for the coordination and scheduling of all inspections that are required. The contractor will be responsible for having a qualified representative on site for any inspection.

4. All electrical work will be done by a qualified State licensed electrician.

5. All plumbing work will be done by a qualified State licensed plumber.

6. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost.

Any damages occurred will be the contractor’s responsibility to repair or replace.

7. Contractor is responsible for all weather protection including but not limited to soils.

8. All lifting and hoisting equipment shall be provided by the contractor as needed.

9. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements.

10.Bids over $50,000 will require a payment (100%) and performance (100%) bond.

11. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate.

12.Weld County is a tax-exempt entity.

13.Davis-Bacon and Buy American requirements are NOT required.

Contractor is to provide lien waivers with each pay application.

D. Fee Structure

1. Base bid to include replacement shower boxes (including ADA) for all upper and lower levels in each pod and replacement lavatories for all upper and lower levels in each pod. Alternate #1 to include replacement drinking fountains for all upper and lower levels in each pod. Alternate #2 to include replacement toilets and urinals for all upper and lower levels in each pod.

E. Project Schedule

1. This project is scheduled to be phased with a different contract for lighting and lighting control in the same pods A, B, and C. The contractor will be responsible for coordinating durations with the County that adheres to when these pods are available from the Weld County Sheriff’s office. The Contractor will be responsible for attending mandatory weekly meetings to coordinate with the lighting contractor. Weld County reserves the right to change or hold schedule for the purpose of getting all scopes complete prior to releasing pods back to the Sheriff’s Office.

Schedule C - Procurement Schedule

Below is the anticipated schedule for procurement of this solicitation:

Advertisement Date July 21, 2026

Pre-Proposal Meeting (Mandatory) August 4, 2026, at 10:00 am 2110 O Street Greeley, CO 80631 Front Lobby

Technical Questions Due August 11, 2026, by 10:00 am

Technical Questions email bids@weld.gov

Questions Answered via Addendum August 12, 2026

Proposals Are Due August 19, 2026, by 10:00 am Purchasing’s Clock

Solicitation Notice of Award (Anticipated) August 31, 2026

Contract Execution (Anticipated) September 14, 2026

Schedule D - Bid Response Form

Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline.

1) Schedule D – Bid Response Form

2) Any potential or future Addenda must be completed/acknowledged.

3) All other items as requested in the Bid Specifications and/or Scope of Work.

Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non-responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified.

Fees Provide fees for this project below:

Description Price

Base Bid

PODs A, B, C Upper-Level Shower Boxes $

PODs A, B, C Lower-Level Shower Boxes Including ADA $

PODs A, B, C Upper & Lower-Level Lavatories $

Installation of All Fixtures $

Other $

Total Lump Sum Base Bid $

Alternate #1 Price

PODs A, B, C Drinking Fountains $

Attestation

The undersigned, by his or her signature, hereby acknowledges and represents that:

1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. B2600081.

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 bid sheets.

4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting.

5. Acknowledgement of Schedule E – Insurance and Bond

6. Acknowledgment of Schedule F – Weld County Contract

7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County.

8. 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.

CONTRACTOR:

By: ____________________________ ______________ Date of Signature

Name: __________________________

Title: ___________________________

Alternate #2

PODs A, B, C Toilet and Urinals $

Item Entry

Company Name:

Address:

Phone

Email:

FEIN/Federal Tax ID #:

Schedule E – Insurance and Bonds

Insurance

Contractor shall provide coverage with limits of liability no less than those stated below:

Required Types of Insurance.

Workers’ Compensation and Employer’s Liability Insurance as required by state statute, covering all of the Contractor’s employees acting within the course and scope of their employment. The 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) $ 100,000 $ 100,000 $ 500,000

Commercial General Liability Insurance including bodily injury, property damage,completed operations and liability assumed under an insured contract and defense costs., covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor."

Such policy shall include Minimum Limits as follows:

Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000

Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles operating both on County property and elsewhere in the performance of this Contract.

Contractor's Automobile Insurance Policy shall include Minimum Limits as follows:

Bodily Injury/Property Damage (Each Accident) $ 1,000,000

Installation Floater

Coverage equal to the initial Contract Amount including labor and expenses, policy shall include the following provisions:

a. The County, Contractor, subcontractor and any others with an insurable interest in the work shall be Insureds on the policy.

b. Coverage shall be written on a Covered Cause of Loss-Special Form, replacement cost basis and shall include coverage for flood and earth movement as well as coverage for losses that may occur during equipment testing.

c. Policy shall be maintained until whichever of the following shall first occur: (1) final payment has been made; or (2) until no person or entity, other than the County has an insurable interest in the property required to be covered.

d. Policy shall be endorsed such that the insurance shall not be canceled or lapse because of any partial use or occupancy by the County.

e. The Installation Floater must provide coverage from the time the equipment/material becomes the responsibility of the Contractor and shall continue without interruption during the installation, including any time during which the equipment/material is being transported to the installation site, or awaiting installation, whether on or off site.

f. Policy shall contain a waiver of subrogation in favor of the County.

g. Contractor is responsible for the payment of all deductibles under the Installation Floater policy

Bonds

1. For projects over $50,000 the following bonds are required:

a. Performance Bond in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work.

b. Payment Bond (Labor and Materials) in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work.

2. Surety companies executing bonds must appear on the U.S. Treasury Department’s most current list (Circular 570) as amended and be authorized to transact business in the State of Colorado.

3. A 5% Retainage Fee will be held for Construction contracts over $150,000.

4. Bonds may be submitted on the Standard AIA form or Weld County Form.

Insurance Mailing Information

Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below:

Email:

Project Manager: Alex Engelbert Email: aengelbert@weld.gov Telephone: 970-400-2043 Mail:

Weld County Facilities Department ATTN: Alex Engelbert PO Box 758 Greeley, CO 80632

Schedule F - Weld County Contract

Contractual Obligations

1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution.

2. Issuance of this solicitation does not commit the County to award any agreement or to procure.

3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee.

4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non-appropriation, and termination.

5. Contractor’s Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time, but is part of the evaluation process and must be included. There may be negotiations on a project-by-project basis that provide further clarification.

Weld County Standard Contract

Below is a sample of a standard Weld County Contract for Purchase and Installation of Equipment.

Purchase and Installation of Equipment Agreement Between Weld County and [Contractor]

For [Insert Name of Project]

THIS AGREEMENT is made and entered into this ___ day of ____________, 202_, by and between the Board of Weld County Commissioners, on behalf of [DEPARTMENT], hereinafter referred to as “County,” and [CONTRACTOR], hereinafter referred to as “Contractor”.

WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and; and

Sa mp le

WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and

WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:

1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor’s willingness and ability to meet those requirements (the “Work”). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment.

Exhibit A consists of County’s Request for Bid (RFB) as set forth in Bid Package No.

B_________.

Exhibit B consists of Contractor’s Response to County’s Request.

2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits.

Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County’s decision to withhold payment or to terminate this Agreement.

3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties.

4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered.

Solicitation # B2600081 Page 17 le

5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services.

6. Compensation. Upon Contractor’s successful completion of the Work, and County’s acceptance of the same, County agrees to pay Contractor an amount not to exceed $________as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et.

seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20).

7. Independent Contractor. Contractor agrees that it is an independent contractor and that

Contractor’s officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers’ compensation 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. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract.

8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work 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 Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor le shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors.

9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications.

10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of …………………………………………………………………responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County’s action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County’s rights under this Agreement or under the law generally.

11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor’s insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an “A.M. Best” rating of not less than A-VII. The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

Required Types of Insurance.

Workers’ Compensation and Employer’s Liability Insurance as required by state statute, covering all of the Contractor’s employees acting within the course and scope of their employment. The 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) $ 100,000 le

$ 100,000 $ 500,000

Commercial General Liability Insurance including bodily injury, property damage, completed operations and liability assumed under an insured contract and defense costs., covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor."

Such policy shall include Minimum Limits as follows:

Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000

Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles operating both on County property and elsewhere in the performance of this Contract.

Contractor's Automobile Insurance Policy shall include Minimum Limits as follows:

Bodily Injury/Property Damage (Each Accident) $ 1,000,000

Installation Floater

Coverage equal to the initial Contract Amount including labor and expenses, policy shall include the following provisions:

d. The County, Contractor, subcontractor and any others with an insurable interest in the work shall be Insureds on the policy.

e. Coverage shall be written on a Covered Cause of Loss-Special Form, replacement cost basis and shall include coverage for flood and earth movement as well as coverage for losses that may occur during equipment testing.

f. Policy shall be maintained until whichever of the following shall first occur: (1) final payment has been made; or (2) until no person or entity, other than the County has an insurable interest in the property required to be covered.

d. Policy shall be endorsed such that the insurance shall not be canceled or lapse because of any partial use or occupancy by the County.

e. The Installation Floater must provide coverage from the time the equipment/material becomes the responsibility of the Contractor and shall continue without interruption during the installation, including any time during which the equipment/material is being transported to the installation site, or awaiting installation, whether on or off site.

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f. Policy shall contain a waiver of subrogation in favor of the County.

g. Contractor is responsible for the payment of all deductibles under the Installation Floater policy

12.Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.

The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as “Additional Insureds” for work that is being performed by the Contractor.

On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract.

Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences.

Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement.

Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract.

All certificates and any required endorsement(s) shall be sent directly to the County Department Representative’s Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time.

Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney’s Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action.

13.Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County.

The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force.

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Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project.

Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non-renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given.

On all other policies, it is the Contractor’s responsibility to give the County 30 days’ notice if policies are reduced in coverage or limits, cancelled or non-renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer’s notification to that effect.

The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement.

Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award.

14.Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor’s policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County.

15.No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. 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 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.