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Home My WebLink About20243337.tiffCon lvaC4- I btt8ci ZeI 11/6/2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: B2400143 As advertised as bid for installation of new HVAC Unit Replacement at the Weld County's Tri-Town and Lasalle Towers. The lbw bid is from MTech Mechanical and meets specifications. Therefore, the Facilities Department recommends the award to services to MTech Mechanical. In the amount of $23,878.00 If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Director U l+ i-t eC : Ohl ase ( BC -1) 2024-3337 I Z/1 Co/Z P twG,�.crct,�. tBC 00 Z Co 17AI 0 SERVICE AGREEMENT BETWEEN WELD COUNTY AND MTECH MECHANICAL THIS AGREEMENT is made and entered into this kkO day of pqc 4)4)04 2024, by and between the Board of Weld County Commissioners, on behalf of Facilities Department, hereinafter referred to as "County," and MTech Mechanical, 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 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 based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2400143 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 1 which bind County for periods longer than one year. This Agreement maybe 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. 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 $23,878.00 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). 2 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (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. 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 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 3 Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Types of Insurance. Workers' Compensation /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. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor 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. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, its elected officials, and its employees as an additional named insured. 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. 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. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor 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. 4 12. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 13. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 14. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or 5 Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: MTech Mechanical Position: Service Account Manager Address: 3597 Draft Horse Court Address: Loveland, CO 80538 E-mail: marc.wagner@mtechg.com Phone: 970-803-7823 TO COUNTY: Name: Patrick O'Neill Position: Director of Facilities Address: 1105 H Street Address: Greeley, CO 80632 E-mail: poneill@weld.gov Phone: 970-400-2023 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state 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. 22. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, 6 without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and 7 consequential damages. 29. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 30. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: MTech Mechanical By: / 12/10/2024 Name: Marc Wagner Title: Service Account Manager Date of Signature WELD CO NTY: ATTEST: 7-.,.1 Weld County Clerk to the Board �,� WELD CO ' , CO • s O BY: � 1Ct,v Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS 8 O D. Ross, Chair DEC 1 6 2024 ZoZ4 -331 Exhibit A IFB Schedules Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80601 General Services - Invitation for Bid (IFB) Cover Sheet Bid Number: B2400143 Title: Tri-Town and LaSalle Towers - HVAC Unit Replacement Issue Date: October 10, 2024 P re -Bid Meeting: October 23, 2024 at 12:00pm P re -Bid Location: 18490 Co Rd 38, Platteville, CO 80651 Questions Due: October 30, 2024, by 5:00pm Questions email: bids(c�weld.gov Bid Due Date: November 6, 2024 by 10:00 am, Purchasing's Clock Bid Delivery: Preferred email to bids©weld.gov or hand delivery to 1301 North 17th Avenue, Greeley, Co 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Attachments Schedule A: Bid Instructions S chedule B: Scope of Work S chedule C: Project Schedule S chedule D: Bid Form Schedule E: Insurance Schedule F. Weld County Contract Attachment 1 — Weld County Project Documents 7 Any work being performed in these facilities needs to be coordinated two weeks prior to commencement 8 It is prohibited to shut power down to the facility These facilities are the County's 911 towers Any disruptions of power are prohibited unless written consent from the County 9 Contractor is responsible for all commissioning, training, and demonstrations 10 All materials and equipment incorporated into the project shall be new unless noted otherwise The Contractor shall transport and safeguard all materials and equipment required for construction 11 Contractor will provide programable thermostat controls 12 Contractor to provide weekly progress updates, submittal tracking, matenal procurement lead times, and RFI logs These documents are to be provided at each weekly meeting 13 Contractor is required to provide the service agreement and warranty 14 Contractor is required to drywall repairs, texture, and paint all areas disturbed due to equipment installation 15 The County reserves the right to salvage any old equipment not specified on the plans 16 Contractor to provide pricing per building per the below Schedule D — Bid Form 17 Contractor assumes all the responsibility for site verification of equipment for replacement with high -efficiency units, controls and other items required to successfully complete the HVAC replacements and meet the necessary building and safety codes as more fully described in the specifications and general conditions 18 The addition and removal of electrical and mechanical equipment the contractor will have to repair or modify existing finishes both inside and outside of the building 19 All scopes of work will need to conform with this scope of work, and the project documents provided at the time of bid submission 20 Contractor will be responsible for procuring and executing all scopes of work as outlined and specified in the projects contract documents that have been provided during this bid request per the attachment outlined above 21 This will include but not limited to all associated labor, materials, and equipment It is the contractor's responsibility at the time of bid submission to ensure that all project specifications and requirements have been included per the project documents provided 22 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 receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays 23 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 24 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 25 All damages to building structure and finishes shall be repaired to original condition as a part of this contract 26 Contractor is responsible for all private and public locates 27 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 28 All electrical work will be done by a qualified State licensed electrician Solicitation #b2400143 Page 6 29 Any temporary p iotection 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 30 All lifting and hoisting equipment shall be provided by the contractor as needed 31 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements 32 No bid bond is required for this project 33 Bids over $50,000 will require a payment (100%) and performance (100%) bond Performance and payment bonds must be submitted using an AIA-A312 bond form Other bond forms will not be accepted 34 Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project 35 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 36 Weld County is a ax -exempt entity 37 Davis -Bacon and Buy American requirements are NOT required 38 Contractor will be required to enter into a standard Weld County contract for this service Solicitation #b2400143 Page 7 Schedule C - Project Schedule Schedule Below is the anticipated solicitation schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Delivery of Goods October 10, 2024 October 10, 2024 October 23, 2024 October 30, 2024 November 6, 2024 November 27, 2024 December 11, 2024 January 15, 2025 Solicitation #b2400143 Page 8 Schedule D - Bid Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 am on November 6, 2024: 1) Schedule B- Scope of Work 2) Schedule D — Bid Form 3) W9, if applicable.* 4) Any potential or future Addenda must be completed/acknowledged. 5) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. 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 in the space below: Lump Sum Price: Item Price $ LaSalle Tower — HVAC Unit LaSalle Tower — Electrical Work $ $ Tri-Town Tower HVAC — Unit $ Tri-Town Tower — Electrical Work Total Lump Sum Cost $ 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. #B2400143. 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 of Schedule E — Insurance and Bond 5. Acknowledgment of Schedule F — Weld County Contract 6. 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. 7. 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. isaMEIC :rte _rte Solicitation #b2400143 Page 9 Attestation Item Company Name Address Entry Phone Email FEIN/Federal Tax ID # CONTRACTOR By Name Title Date of Signature Solicitation #b2400143 Page 10 Schedule E — Insurance Insurance 1. The Contractor shall furnish a certificate of insurance for commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability upon notification of award and prior to performance. Work shall not commence under this Agreement/Contract until the Contractor has submitted to the County, and received approval thereof, the certificate of insurance showing compliance with the following types and coverage of insurance. a. Commercial General Liability Insurance: to include products liability, completed operations, contractual, broad form property damage, and personal injury. Each Occurrence General Aggregate $1,000,000 $2,000,000 b. Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired, leased, or borrowed. Bodily Injury/Property Damage $1,000,000 (each accident) Personal Injury Protection Per Colorado Statutes c. Workers' Compensation Insurance: Per Colorado Statutes d. Professional Liability Insurance*: to include coverage for damages or claims for damages arising out of the rendering, or failure to render, any professional services. Each Occurrence $1,000,000 *This insurance requirement applies only to Contractors who are performing services under this Agreement as professionals licensed under the laws of the State of Colorado, such as physicians, lawyers, engineers, nurses, mental health providers, and any other licensed professionals. 2. The Contractor's commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability insurance policies and/or certificates of insurance shall be issued to include Weld County Government as an "additional insured" and shall include the following provisions: a. Underwriters shall have no right of recovery or subrogation against the County, it being the intent of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses resulting from the actions or negligence of the Contractor. b. The insurance companies issuing the policy or policies shall have no response against the County for payment of any premiums due or for any assessments under any form of any policy. Solicitation #b2400143 Page 11 c. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 3. If any of the said policies shall be or at any time become unsatisfactory to the County as to form or substance, or if a company issuing any such policy shall be or at any time becomes unsatisfactory to the County, the Contractor shall promptly obtain a new policy, submit the same to the Purchasing Division of Weld County for approval, and thereafter submit a certificate of insurance as herein provided. a. Upon failure of the Contractor to furnish, deliver, and maintain such insurance as provided herein, this Agreement/Contract, at the election of the County, may be immediately declared suspended, discontinued, or terminated. b. Failure of the Contractor to obtain and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement/Contract, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning indemnification. c. Contractor shall provide copies insurance coverage policies to the County department maintaining contract administration duties. These include initial policy, updated/changes to coverage, extensions, renewals, etc. 4. If the Contractor is a Joint Venture, then the respective parties thereto are each individually held fully responsible for completion of the project according to the terms of this Agreement. The parties thereto also have joint and several liabilities to the County for any liquidated damages assessed or for performance bond claims against the Joint Venture. The performance bond and all insurance required by this Agreement shall set forth the identity of each party to the Joint Venture. 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 Solicitation #b2400143 Page 12 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 Service Agreement Between Weld County and [Contractor] 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 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: Solicitation #b2400143 Page 13 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 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. 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 Solicitation #b2400143 Page 14 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, noj• shall any payments be made to Contractor in respect of any period after December 31 of an I year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C R S 29-1-101 et seq ) and the TABOR Amendment (Colorado Constitution, Article X, Sec 20) 7 independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (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 ofits agents and employees for all acts performed pursuant to this Agreement 8 Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor Contractor shall not enter into any subcontractor agreements for the completion of 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 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 matenal(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 Solicitation #b2400143 Page 15 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. Types of Insurance. Workers' Compensation /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. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor 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. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, its elected officials, and its employees as an additional named insured. 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. 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. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own Solicitation #b2400143 Page 16 I expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement 12 Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees,, agents, and volunteers for losses arising from the work performed by the Contractor for the County A failure to comply with this provision shall result in County's right to immediately terminate this Agreement 13 Non -Assignment. ' Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option ofICounty, automatically terminate this Agreement and all rights of Contractor hereunder Such consent may be granted or denied at the sole and absolute discretion of County 14 Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement Contractor agrees to maintain these documents for three years from the date of the last payment received 15 Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or -Otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions 16 Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances a) personal service by a reputable courier service requinng signature for receipt, or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract, or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party, or Either party may change its notice address(es) by written notice to the other Notice may be sent to TO CONTRACTOR Solicitation #b2400143 Page 17 Name: Position: Address: Address: E-mail: Phone: TO COUNTY: Name: Position: Address: Address: E-mail: Phone: 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement state 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. 22. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, Solicitation #b2400143 Page 18 protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq , as applicable now or hereafter amended 25 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only 26 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee 27.Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute 28 Public Contracts for Services. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement 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 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 tol 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 this Agreement 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 by the Colorado Department of Labor and Employment Contractor shall, within twenty da rs after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of federal or state law If Contractor fails to comply with any requirement of this provision, 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 Solicitation #b2400143 Page 19 individual natural person eighteen (18) years of age or older is lawfully present in the United States, 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 federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract. 29. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 30. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: Title: Date of Signature WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board [Insert Name, Chair Solicitation #b2400143 Page 20 Exhibit B Carolyn Geisert From: Sent: To: Subject: Attachments: Marc Wagner <Marc.Wagner@mtechg.com> Wednesday, November 6, 2024 9:56 AM bids B2400143 Weld County Tri-Town and LaSall Towers Bid.pdf :1:11 This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe. I hereby waive my right to a sealed bid. MTECH MECH4N+CAt Marc Wagner I Service Account Manager Northern Colorado MTech Mechanical 970 803 7823 CELL 970 624 8000 MAIN 303 650 2882 24/7 SERVICE REQUESTS www rntechg corn Follow Us on Social Media! Facebook l Linkedin I YouTube 1 Schedule B o Scope of Work Project Overview Weld County is seeking bids for a turn -key lump sum project for a vendor to provide HVAC Unit Replacements for Tn-Town and LaSalle Towers 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 the contract 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 Project Scope The scope of this project is for the replacement of HVAC units for the Tn-Town and LaSalle Towers (1) Unit at each location General Minimum Requirements 1 The scope of this project is for the complete procurement and installation of two HVAC units for Weld County's Tn-Town and LaSalle Towers a Building Addresses i LaSalle - 18490 Co Rd 38, Platteville, CO 80651 ii Tn-Town - 6800 Co Rd 17, Fort Lupton, CO 80621 b Current Unit Information i LaSalle — Escalade Dantherm 2Te NFC / 230VAC / 50/60Hz / Phi 1) Model Number EO067240C 2) Serial Number 1-023892-050310 ii Tri-Town — Escalade Dantherm 2Te NFC / 230VAC / 50/60Hz / Ph1 1) Model Number EO0872400 2) Serial Number 1-001257-060912 2 New units to be "like for like" or better replacement of the current units 3 It will be the contractor's responsibility to verify the information above and to collect any necessary information at the mandatory pre -bid walk 4 This is a turnkey protect which include but not limited to mechanical work, electrical work, and commissioning 5 All materials and equipment to be submitted and approved prior to ordering The County Protect Manager is to review and approve all materials prior to material procurement 6 Work is to be conducted during business hours Any work needed afterhours needs to be approved by the County Project Manager Contractor to incur any costs associated with after hour work Solicitation #b2400143 Page 5 7 . Any work being performed in these facilities needs to be coordinated two weeks prior to commencement. 8. It is prohibited to shut power down to the facility. These facilities are the County's 911 towers. Any disruptions of power are prohibited unless written consent from the County. 9. Contractor is responsible for all commissioning, training, and demonstrations. 10. All materials and equipment incorporated into the project shall be new unless noted otherwise. The Contractor shall transport and safeguard al' materials and equipment required for construction. 11. Contractor will provide programable thermostat controls. 12. Contractor to provide weekly progress updates, submittal tracking, material procurement lead times; and RFI logs. These documents are to be provided at each weekly meeting. 13. Contractor is required to provide the service agreement and warranty. 14. Contractor is required to drywall repairs, texture, and paint all areas disturbed due to equipment installation. 15, The County reserves the right to salvage any old equipment not specified on the plans. 16. Contractor to provide pricing per building per the below Schedule D - Bid Form. 17. Contractor assumes all the responsibility for site verification of equipment for replacement with high -efficiency units, controls and other items required to successfully complete the HVAC replacements and meet the necessary ouilding and safety codes as more fully described in the specifications and general conditions. 18. The addition and removal of electrical and mechanical equipment the contractor will have to repair or modify existing finishes both inside and outside of the budding. 19. All scopes of work will need to conform with this scope of work, and the project documents provided at the time of bid submission. 20. Contractor will be responsible for procuring and executing alt scopes of work as outlined and specified in the projects contract documents that have been provided during this bid request per the attachment o:.utlined above. 21. This will include but not limited to all associated labor, materials, and equipment. It is the contractor's responsibility at the time of bid submission to ensure that all project specifications and requirements have been included per te project documents provided. 22. 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. l= the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 23.Any clarification or information needed from the contractor must be submitted through an RE! for response. It is the contractor's responsibility for tracking and maintaining all RFH's. An RFI log must be maintained and kept by the contractor and available for review at the weeKly coordination meeting or upon request. 24. RF1'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 25.All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 26. Contractor is responsible for al! private and public locates. 27. 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 schedu►ing of all inspections that are required. The contractor will be responsible for having a qualified representative on site for any inspection. 28. All electrical work wilt be done by a qualified State licensed electrician. Solicitation #b24001? -13 Page 6 29 Any temporary piotection for flooring, walls, ceilings, furniture, of 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 30 All lifting and hoisting equipment shall be provided by the contractor as needed 31 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements 32 No bid bond is required for this project 33 Bids over $50,000 will require a payment (100%) and performance (100%) bond Performance ant payment bonds must be submitted using an AIA-A312 bond form Other bond forms will not be accepted 34 Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project 35 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 36 Weld County is a tax-exempt entity 37 Davis -Bacon and Buy American requirements are NOT required 38 Contractor will be required to enter into a standard Weld County contract for this service Solicitation #b2400T43 Page 7 Schedule C - Project Schedule Schedule Below is the anticipated solicitation schedule for this project Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Delivery of Goods October 10, 2024 October 10, 2024 October 23, 2024 October 30, 2024 November 6, 2024 November 27, 2024 December 11, 2024 January 15, 2025 Solicitation #b2400143 Page 8 Schedule D - Bid Form Bits Submittal Inst. actions The following items 'must be completed and submitted with your bid on or before the bid opening deadline of 10 00 am on November 6, 2024 1) Schedule B- Scope of Work 2) Schedule D — BidiForm 3) W9, if applicable* 4) Any potential or future Addenda must be completed/acknowledged 5) All other items as requested in the Bid Specifications and/or Scope of Work *A current W9 is required for new biddeis If you have previously worked with Weld County, only provide your W9 if there has been a change 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 in the space below. Lump Sum Price Item Price LaSalle Tower — HVAC Unit LaSalle Tower — Electrical Work Trr-Town Tower — HVAC Unit Tn-Town Tower — Electrical Work $/033ff o $ /, ! oo .5-O $ /O13 -5r SO Si/64D .5-0 Total Lump Sum Cost $ Z3, 87,5 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 nvitation for Bid for Request No #52400143 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 of Schedule E — Insurance and Bond 5 Acknowledgment of Schedule F — Weld County Contract 6 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 7 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 Solicitation #52400143 Page 9 Attestation Item Entry Company Name Mr.ci, "vie civ ,r Address SC -7 TDre4- 6(T,,O C-, Lye Phone 970 IDS 7f(z3 Email,, seer -Few, . 1.4,*"1 FEIN/Federal Tax ID # 63,3,51 CONTRACTOR By Nam "few, Gar e -,-- Title ecvfc.e A -,C.,, ,- iaSit, ,- /I/(o/24. ZY Date of Signature , to Solicitation #b2400143 Page 10 ACRD® CERTIFICATE OF LIABILITY INSURANCE 'm1072;27 ATE (MM/DD/YYYI� 10/28/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, 'AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder's an ADDITIONAL INSURED, the pohcy(tes) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER Holmes Murphy & Associates CONTACT Paige Shryack PHONE FAX (Tat E. 515-974-4616 I (A/C, No) 2727 Grand Prairie Parkway Waukee IA 50263 Mass pshryack@holmesmurphycom INSURER(S) AFFORDING COVERAGE NAIL # INSURER Zunch Amencan Insurance Company 16535 INSURED MTEMECPC INSURER B The Continental Insurance Company 35289 MTech Mechanical Technologies Group 12300 Pecos St Inc INSURERC Berkley Assurance Company 39462 Westminster, CO 80234 INSURER D XL Specialty Insurance 37885 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 1808446387 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY Ii PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 717 TYPE OF INSURANCE ADD yyyp POLICY NUMBER POLICY EFF (MM/DDIYYYIi POLICY EXP (MM/DDAre") LIMITS A X COMMERCIALGENERAL LU►BILITY CLAIMS -MADE El OCCUR GLO4858450 5/1/2024 5/1/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $1,000,000 GEN L AGGREGATE LIMIT APPLIES PER POLICY El jE LJ LOC OTHER GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2 000 000 A AUTOMOBILE LIABILITY X ANY AUTO NUTO AEDS ONLY ONOES' HIRED AUTOS ONLY SCHEDULED AUTOS X NON OWNED AUTOS ONLY BAP4858451 5/1/2024 5/1/2025 COMBINEOSINGLEL.. (Ea accident) 52,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B UMBRELLA LIAR X EXCESS LIAR X OCCUR CLAIMS -MADE 6080476807 5/1/2024 5/1/2025 EACH OCCURRENCE $10 000,000 AGGREGATE $ 10,000,000 DED I I RETENTIONS A WORKERSCOBWNSAT)ON AND EMPLOYERS' LIABILITY Y / N ANYP IEEITOR/PATUEDREEXECUT1VE (Mandatory in EREXCLUDED� (Mandatory in NH) If yes descnbe under DESCRIPTION OF OPERATIONS below N / A WC4858449 5/1/2024 5/1/2025 X I PER I 1OTH STATUTE ER E L EACH ACCIDENT $ 1,000,000 E L DISEASE - EA EMPLOYEE $1,000,000 E L DISEASE - POLICY LIMIT $1 000,000 C D milt/ ional/Poilution Installation Floater PCADB50247300524 UM00181596MA24A 5/1/2024 5/1/2024 5/1/2025 5/1/2025 Each Claim/Agg Lima 5,000 000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES RE Weld County Court House IDF A/C upgrade Weld County -1105 H Street Greeley Colorado, terms and conditions The General Liability and Worker's Compensation policy terms and conditions (ACORD 101, Additional Remarks Schedule, maybe attached d more space is required) 80631 is an additional insured on General Liability as required by wntten contract with the insured, per policy includes a Waiver of Subrogation in favor of Weld County as required by wntten contract with the insured, per CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS Weld County 1105 H Street Greeley CO 80631 AUTHORIZED REPRESENTATIVE V C �u, I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD Additional Insured — Automatic — Owners, Lessees Or Contractors ZURICH THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY Policy No GLO 4858450 Effective Date 5/1/2024 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following 1 If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements a The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition), or b The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of (1) Your ongoing operations, with respect to Paragraph 1 a above, or (2) "Your work", with respect to Paragraph 1 b above, which is the subject of the written contract or written agreement However, solely with respect to this Paragraph 1 , insurance afforded to such additional insured (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement, and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the wntten contract or written agreement specifically requires that you provide such coverage to such additional insured 2 If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements a The Insurance Services Office (ISO) ISO CG 2010 (07/04 edition), or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by (1) Your acts or omissions, or (2) The acts or omissions of those acting on your behalf, U -GL -2162-A CW (02/19) Page 1 oft Includes copyrighted material of Insurance Services Office, Inc , with its permission in the performance of - (a) Your ongoing operations, with respect to Paragraph 2 a above, or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2 b above, which is the subject of the written contract or written agreement However, solely with �espect to this Paragraph 2 , insurance afforded to such additional insured (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement, and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or wntten agreement specifically requires that you provide such coverage to such additional insured 3 If neither Paragraph 1 II nor Paragraph 2 above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured a Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified), or b With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part by (1) Your acts or omissions, or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contractor written agreement However, solely with respect to this Paragraph 3 , insurance afforded to such additional insured (a) Only applies to the extent permitted by law, (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured, and (c) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement 4 If neither Paragraph 1 nor Paragraph 2 above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured a Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified), or b With respect to the "products -completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the wntten contractor written agreement However, solely with respect to this Paragraph 4 , insurance afforded to such additional insured (1) Only applies to the extent permitted by law, (2) Will not be broader than that which you are required by the wntten contractor written agreement to provide for such additional insured, (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contractor written agreement, and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -comp eted operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured Includes copyrighted matenal of Insurance Services Office, Inc , with ds permission U -GL -2162-A CW (02/19) Page 2 of 4 B Solely with respect to the insurance afforded to any additional insured referenced in Section A of this endorsement, the following additional exclusion applies This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendenng of, or failure to render, any professional architectural, engineenng or surveying services including 1 The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or 2 Supervisory, inspection, architectural or engineering activities This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineenng or surveying services C Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2 Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions The additional insured must see to it that (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim, (2) We receive wntten notice of a claim or "suit" as soon as practicable, and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory D Solely with respect to the coverage provided by this endorsement 1 The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions Primary and Noncontributory insurance This insurance is primary to and will not seek contnbution from any other insurance available to an additional insured provided that a The additional insured is a Named Insured under such other insurance, and b You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured 2 The following paragraph is added to Paragraph 4 b of the Other Insurance Condition under Section IV — Commercial General Liability Conditions This insurance is excess over Any of the other insurance, whether pnmary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit" This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a wntten contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis E This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured F Solely with respect to the insurance afforded to an additional insured under Paragraph A 3 or Paragraph A 4 of this endorsement, the following is added to Section III — Limits Of Insurance Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance U -GL -2162-A CW (02/19) Page 3 of 4 Includes copynghted matenal of Insurance Services Office, Inc , with its pervasion 1 Required by the rotten contract or written agreement referenced in Section A of this endorsement, or 2 Available under the applicable Limits of Insurance shown in the Declarations, whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations All other terms, conditions, provisions and exclusions of this policy remain the same u -GL -2162-A CW (02/19) Page 4 of 4 Includes copynghted matenal of Insurance Services Office, Inc , with its permission Waiver Of Subrogation (Blanket) Endorsement Policy No GLO4858450 Eff Date of Pol Exp Date of Pol Etf Date of End Produce' Add 1 Prem Return Prem 5/1/2024 5/1/2025 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest U -GL -925-B CW (12/01) Page 1 of 1 POLICY NUMBER BAP4858451 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below Named Insured Endorsement Effective Date SCHEDULE Name Of Person(s) Or Organization(s) ONLY THOSE PERSONS OR CONTRACT ORGANIZATIONS WHERE REQUIRED BY WRITTEN Information required to complete this Schedule, if not shown above, will be shown in the Declarations Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A 1 of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D 2 of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form CA 20 48 10 13 © Insurance Services Office, Inc , 2011 Page 1 of 1 Coverage Extension Endorsement ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 4858451 Effective Date: 05/01/2024 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volurteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Covered Autos Liability Coverage does not apply. U -CA -424-H CW (10/21) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D Driver Safety Program Liability and Physical Damage Coverage 1 The following is added to the Racing Exclusion in Section II— Covered Autos Liability Coverage This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations 2 The following is added to Paragraph 2 in B Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2 b in B Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations E Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less a Any amount paid under the Physical Damage Coverage Section of the Coverage Form, and b Any (1) Overdue lease or loan payments at the time of the "loss", (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage, (3) Security deposits not returned by the lessor, (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease, and (5) Carry-over balances from previous leases or loans F Towing and Labor Paragraph A 2 of the Physical Damage Coverage Section is replaced by the following We will pay up to $75 for towing and labor costs incurred each time a covered "auto" that is a "private passenger type", light truck or medium truck is disabled However, the labor must be performed at the place of disablement As used in this provision, "private passenger type" means a private passenger or station wagon type "auto" and includes an "auto" of the pickup or van type if not used for business purposes G Extended Glass Coverage The following is added to Paragraph A 3 a of the Physical Damage Coverage Section If glass must be replaced, the deductible shown in the Declarations will apply However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived You have the option of having the glass repaired rather than replaced H Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement We will pay for loss of use expenses if caused by (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto", I U -CA -424-H CW (10/21) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc , with its permission (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband o- property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III - Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is addec to the Deductible Provision of the Physical Damage Coverage Section: U -CA -424-H CW (10/21) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. If an accident is covered both by this policy,or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis 1 If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived, or 2 If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible M Temporary Substitute Autos — Physical Damage 1 The following is added to Section I — Covered Autos Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are a so covered "autos" for Physical Damage Coverage Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its 1 Breakdown, 2. Repair, 3 Servicing, 4 "Loss", or 5 Destruction 2 The following is added to the Paragraph A Coverage Provision of the Physical Damage Coverage Section Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part If we make any payment to the owner, we will obtain the owner's rights against any other party The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces N Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a of the Duties n The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following a In the event of "accident", claim, "suit" or "loss", you must give us or our authonzed representative prompt notice of the "accident", claim, "si.iit" or "loss" However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation) The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy Include, as soon as practicable (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit", (2) The "insured's" name and address, and (3) To the extent possible, the names and addresses of any injured persons and witnesses If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you O Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition Includes copynghted material of Insurance Services Office, Inc , with its permission U -CA -424-H CW (10/21) Page 4 of 6 This Condition does not apply -to the -extent required of -you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract This waiver only applies to the person or organization designated in the contract P Employee Hired Autos — Physical Damage Paragraph b of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" Q Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition However, we will not deny coverage under this Coverage Form if you unintentionally (1) Fail to disclose any hazards existing at the inception date of this Coverage Form, or (2) Make an error, omission, improper description of "autos" or other misstatement of information You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us pnor to the acceptance of this policy R Hired Auto — World Wide Coverage Paragraph 7 b (5) of the Policy Period, Coverage Territory Condition is replaced by the following (5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time Mental anguish means any type of mental or emotional illness or disease T Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B Exclusions under Section II — Covered Auto Liability Coverage is replaced by the following Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured" This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property U Physical Damage — Additional Temporary Transportation Expense Coverage Paragraph A 4 a of Section III — Physical Damage Coverage is replaced by the following 4 Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage We will pay for temporary transportation expenses incurred dunng the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss" U -CA -424-H CW (10/21) Page 5 of 6 Includes copynghted material of Insurance Services Office, Inc , with its permission V Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A Coverage of the Physical Damage Coverage Section In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500 The covered "auto" must be replaced by a hybnd "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source W Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage All other terms, conditions, provisions and exclusions of this policy remain the same Includes copyrighted material of Insurance Services Office, Inc , with its permission U -CA -424-H CW (10/21) Page 6of6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us ) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule Schedule ALL PERSONS OR ORGANIZATIONS WHEN REQUIRED BY A WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy ) Endorsement Effective 5/1/2024 Policy No WC4858449 Endorsement No Insured MTech Mechanical Technologies Group, Inc Premium $ Insurance Company Countersigned By WC 00 03 13 (Ed 4-84) Copyright 1983 National Council on Compensation Insurance Contract Form Entity Information Entity Name * MTECH MECHANICAL TECHNOLOGIES GROUP INC Entity ID* 400041643 Contract Name* TRI-TOWN AND LASALLE TOVVERS HVAC REPLACEMENT Contract Status CTB REVIEW Q New Entity? Contract ID 8929 Contract Lead * CNAIBAUER ER Contract Lead Email cnaibauer@weld.gov Contract Description * REPLACE HVAC UNITS AT TR-TOWN AND LASALLE COMMUNICATION TOWERS Contract Description 2 Contract Type * CONTRACT Amount * $23,878.00 Renewable * NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weld.go v Department Head Email CM-BuildingGrounds- DeptHead@"weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Requested BOCC Agenda Date * 12/11/2024 Parent Contract ID Requires Board Approval YES Department Project # Due Date 12 07'2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head PATRICK O'NEILL DH Approved Date 12'11,2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 12/16/2024 Review Date * 07/01 /2025 Committed Delivery Date Contact Type Contact Email Finance Approver CHERYL PATTELLI Renewal Date Expiration Date* 07/01 /2025 Contact Phone 1 Purchasing Approved Date Finance Approved Date 12.12.+2024 Tyler Ref # AG 121624 Originator CNAIBAUER Legal Counsel BYRON HOWELL Contact Phone 2 Legal Counsel Approved Date 12/12/2024 Hello