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Home My WebLink About20241618.tiffCun c* 1t±$co30 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & CGRS, INC. BRIGGSDALE GRADER SHED FUEL STORAGE & DELIVERY SYSTEM PROJECT THIS AGREEMENT is made and entered into this 2,day of \u.0 t.* , 2024, by and between the Board of Weld County Commissioners, on behalf of the Fa' ilities Department, hereinafter referred to as "County," and CGRS, INC., hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; 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 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. B2400102". Exhibit B consists of Contractor's Response to County's Request for Bid. 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 faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. 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. constrti- Pogido, $,Zu,Z CC: Ohre -.(86) pt�,vCrlaS_ 0 %'7(z/741. 2(04-10(8 eA COZAQ 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. 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. In its sole discretion, the County, by the Director of the Facilities Department or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. 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 drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination 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 Modification. 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. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $181,052.00, as set forth in 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 retumed 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 (CAorado 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 of its agents and employees for all acts performed pursuant to this Agreement. S. 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 this 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 AA) 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. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. 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, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction 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 shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the 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. 13. 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. a. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all 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; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided fora minimum period of one (1) year following final acceptance. Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person; S1,000,000 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. Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of S1,000,000 Per Loss and 52,000,000 Annual Aggregate for both the Contractor and subcontractors where: (1) the Work includes Construction Surveying and/or Survey Monumentation and/or (2) plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to (a) Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, (b) Mix designs, (c) Contractor performed design work as required by the plans and Specifications, (d) Change Orders, or (e) Approved Value Engineering Proposals. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised fora period of two (2) years beginning 0 the time work under this Contract is completed. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised fora period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. 1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. 2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. 3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. 4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, baekfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100-yearfloodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. 5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. 6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). 7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the 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. d. 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. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. 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. 15. 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. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. 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 Govemmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. 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 by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: CGRS, Inc. Name: Eric Henning Position: Vice President Address: 1301 Academy Court Address: Fort Collins, CO 80524 E-mail: ehenning@cgrs.com Phone: 970-493-7986 970-493-7780 DTH, CGRS Inc. County: Name: Curtis Naibauer Position: Facilities Interim Director Address: 1105 H Street Address: Greeley, CO. 80632 E-mail: cnaibauercdweld.gov Phone: 970-400-2027 19. 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. 20. 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. 21. 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. 22. 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. 23. Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. 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) shall survive any such expiration or termination. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. 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 to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under 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 days 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 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. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. ys8-17-107 and 2 C.F.R. 5,200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 32. 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. 33. 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 A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: CGRS, Inc. GiaiwiM eg°°a M Grew HI„I�e Get L=G5, OxGHS Inc., CN=Grew HgBi Drew Higgins'z;ses,o°�m° By: Name: Drew Higgins Title: Director of Fuels WELD CO �,�,/ ATTEST: .� % ..z4,;(„e Weld County Clerk to the Boar BY: Deputy Clerk to the Board 08/19/2024 Date of Signature BOARD OF COUNTY COMMISSIONERS WELD C RADO evin D. Ross, Chair AUG 2 6 Z2+ 2024-1101 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1301 N. 17T" AVENUE GREELEY, CO 80631 DATE: MAY 22, 2024 BID NUMBER: B2400102 DESCRIPTION: BRIGGSDALE GRADER SHED FUEL STORAGE & DELIVERY SYSTEM DEPARTMENT: FACILITIES MANDATORY PRE -BID: JUNE 3, 2024 BID OPENING DATE: JUNE 17, 2024 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: BRIGGSDALE GRADER SHED FUEL STORAGE & DELIVERY SYSTEM A mandatory pre -bid conference will be held on June 3, 2024 at 1:00 PM at the Weld County Briggsdale Grader Shed located at 43950 CO 392, Briggsdale, CO 80611 . Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: June 17, 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on June 17, 2024 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 225 411 606# PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/. Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County: A. PREFERRED: email bids to bids(weld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does n ot desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. B. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid is received. Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone n ot otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Bid Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders.'° Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also u nderstood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By BID REQUEST #B2400102 Page 2 acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If n ecessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will n ot be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder n or any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or u nderstanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits u nder the contract shall be an incidental beneficiary only. BID REQUEST #B2400102 Page 3 H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. BID REQUEST #B2400102 Page 4 Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee o r hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or u nenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties U . Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. ✓ . Board of County Commissioners of Weld County Approval: This Agreement shall not be valid u ntil it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the BID REQUEST #B2400102 Page 5 County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self - insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of BID REQUEST #B2400102 Page 6 the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. BID REQUEST #B2400102 Page 7 Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B2400102 Page 8 SCOPE OF WORK Briggsdale Grader Shed Fuel Storage & Delivery System Weld County is seeking bids for a turn -key lump sum price to procure and install Briggsdale Grader Shed Fuel Storage & Delivery System at 43950 CO -392 Briggsdale, CO 80611. METHOD OF PROCUREMENT: Request for Bid (RFB): 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 RFB the contract. PROJECT SCOPE: The scope of this project is for the complete procurement and installation of a fully functional fuel storage and delivery system as specified below. This is a turn -key project which the contractor will be responsible for completing all extents of the project as outlined and specified in the project contract documents that have been provided as part of this bid request. These scopes shall be included in the bid price and construction schedule. This also includes all additions, alterations, engineering services, and new work required for a complete and code compliant finished product. It is the contractor's responsibility at the time of bid to ensure all project specifications and requirements have been considered and included in their bid submission. ATTACHMENTS: ir Attachment A: Weld County Project Documents PROJECT SPECIFIC TERMS AND CONDITIONS: 1 All equipment and materials shall be submitted and approved prior to construction. 2. Work during business hours will need to be approved by a Weld County project manager. This facility is critical for snow removal operations and will require additional coordination. The contractor and Weld County Project Manager to discuss timeline expectations as this facility will need to be operational prior to the first snow fall. This project will require high level detailing of weekly schedules and accurate anticipated delivery dates which will be coordinated with Public Works for their operations. 3. Contractor is responsible for providing all private and public locates. 4. Bidders must provide manufacturers specifications with their bid responses that shows all materials meet the minimum requirements stated below. 5. 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. 6. It is the contractor's responsibility to coordinate all inspections and special inspections. 7. 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. 8. The contractor will provide a full-time qualified representative on site while any work is being performed. 9. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors have to clean or BID REQUEST #B2400102 Page 9 move materials or equipment that were not properly stored the contractor will assume all associated costs. Daily cleanup includes any contaminate produced during removal of old paint. 10. Contractor is responsible for all weather protection which is to be included in the bid. 11. Contractor shall supply a fireguard UL2085 above ground 5,000 -gallon double wall split tank (3,500/1,500), and install the tank and all necessary equipment, to include, (tank sump, pumps, overfill valves, anti -siphon valves, spill container, tank probe, etc.) to ensure effective fuel storage and delivery. 12. Pumps to be "in tank pumps" submersed at the bottom of the tank. 13. Unleaded side needs to nave a vapor recovery. 14. Contractor to provide two dispensers for fuel system. One for the diesel side (3,500 Gallon) of the tank and one for the unleaded side (1,500 Gallon) of the tank. The dispenser shall be an analog or equivalent. Dual hose dispenser is acceptable. Factory assembled turn -key tank and delivery system to be D -Fleet 5 Above ground fuel storage tank & dispensing system or equal. 15. Contractor to provide card reader on the pedestal to activate either the diesel or unleaded dispensers / pumps. 16. High -volume diesel dispensers are not required for this project. 17. Contractor to provide a Static System with manual gauges for volume. 18. System to monitor volume and interstitial leak detection. 19. Contractor to provide trench and backfill conduit for estop. Additionally install and wire estop for a fully functional system. 20. Contractor to provide fuel metering unit. 21. Contractor to provide isolation valves. One manually actuated ball -valve between tank and dispenser. 22. Contractor to provide a data cable to the fuel island from the IDF. Cable to be terminated at the county provided rack and communicated through the county network. 23. Contractor to provide all electrical work inside the new facility and at the fuel tank. Weld County has provided a 2" conduit from the slab below the electrical panel within the building to exterior wall of the grader shed. Contractor to trench and backfill new conduit for low volt and power, complete all pathways, pull all necessary wiring, and terminate wire for a fully functional system. 24. Contractor shall deliver the tank to the site and set in place. Contractor will be responsible for receiving any and all material onsite. Contractor will be responsible for any necessary storage for fuel system. 25. Contractor shall program dispenser & card reader (management system) 26. Contractor shall purge product lines & dispenser. 27. Contractor to provide Gasboy Islander PRIME system with EKOS. Substitutes or alternates will not be acceptable. PROJECT CLOSE OUT: 1 Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 2. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 3. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 4. At project close-out, provide all maintenance manuals, including operation and maintenance instructions, parts listing with sources indicated, recommended parts inventory listing, emergency instructions, and similar information. Include all diagnostic and repair information available to manufacturer's and installer's maintenance personnel. A digital copy of these records to be reviewed and approved by Weld County. After review and approval, the contractor will be required to provide 2 (two) hard copies of these records to the Weld County Project Manager. WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All submittals will be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. 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. 3. Any clarification or information needed from the contractor must be submitted through an RFI for BID REQUEST #B2400102 Page 10 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. 4. 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 5. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 6. Contractor is responsible for all private and public locates. 7. 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. 8. All electrical work will be done by a qualified State licensed electrician. 9. All plumbing work will be done by a qualified State licensed plumber. 10 All mechanical work will be done by a qualified State Licensed technician. 11. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 12. All lifting and hoisting equipment shall be provided by the contractor as needed. 13. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 14. No bid bond is required for this project. 15. 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. 16. Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project 17. Contractor will be required to provide professional liability insurance and builders risk insurance in the amount of the bid. 18. 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. 19. Weld County is a tax-exempt entity. 20. Davis -Bacon and Buy American requirements are NOT required. 21. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. 22. Contractor will be required to provide pollution liability insurance with the following minimum limits: Per Loss $1,000,000 and Aggregate $1,000,000. 23. Contractor shall provide a 1 -year labor and workmanship warranty and hot water generators unit shall have a standard manufacturer's warranty. 24. Contractor will provide optional pricing below for 2 -year labor and workmanship warranty. BID REQUEST #B2400102 Page 11 SCHEDULE: 1. Contractor is responsible for providing and maintaining a three week look ahead schedule throughout The life of this project. Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish May 22, 2024 May 22, 2024 June 3, 2024 June 10, 2024 June 17, 2024 July 3, 2024 July 17, 2024 Immediately following Contract. November 1, 2024 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being July 17, 2024. START DATE COMPLETION DATE TOTAL LUMP SUM COST: FACILITY LUMP SUM COST Briggsdale Grader Shed - Fuel Storage & Delivery System TOTAL LUMP SUM COST $ Optional Pricing: 2 -year labor and workmanship warranty. BID REQUEST #B2400102 Page 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on June 17, 2024: on or before the bid opening 1) Pages 9 thru 14 of the Bid Specifications/Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications/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 and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2400102 Page 13 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid No. #B2400102. 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. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS CITY, STATE, DATE ZIP CODE TELEPHONE NO FAX TAX ID # SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. ATTEST: Weld County Clerk to the Board BY: YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Kevin D. Ross, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0124 BID REQUEST #B2400102 Page 14 Exhibit B SCOPE OF WORK Briggsdale Grader Shed Fuel Storage & Delivery System Weld County is seeking bids for a turn -key lump sum price to procure and install Briggsdale Grader Shed Fuel Storage & Delivery System at 43950 CO -392 Briggsdale, CO 80611. METHOD OF PROCUREMENT: Request for Bid (RFB): 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 RFB the contract. PROJECT SCOPE: The scope of this project is for the complete procurement and installation of a fully functional fuel storage and delivery system as specified below. This is a turn -key project which the contractor will be responsible for completing all extents of the project as outlined and specified in the project contract documents that have been provided as part of this bid request. These scopes shall be included in the bid price and construction schedule. This also includes all additions, alterations, engineering services, and new work required for a complete and code compliant finished product. It is the contractor's responsibility at the time of bid to ensure all project specifications and requirements have been considered and included in their bid submission. ATTACHMENTS: Attachment A: Weld County Project Documents PROJECT SPECIFIC TERMS AND CONDITIONS: 1 All equipment and materials shall be submitted and approved prior to construction. 2. Work during business hours will need to be approved by a Weld County project manager. This facility is critical for snow removal operations and will require additional coordination. The contractor and Weld County Project Manager to discuss timeline expectations as this facility will need to be operational prior to the first snow fall. This project will require high level detailing of weekly schedules and accurate anticipated delivery dates which will be coordinated with Public Works for their operations. 3. Contractor is responsible for providing all private and public locates. 4. Bidders must provide manufacturers specifications with their bid responses that shows all materials meet the minimum requirements stated below. 5. 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. 6. It is the contractor's responsibility to coordinate all inspections and special inspections. 7. 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. 8. The contractor will provide a full-time qualified representative on site while any work is being performed. 9. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors have to clean or BID REQUEST #B2400102 Page 9 move materials or equipment that were not properly stored the contractor will assume all associated costs. Daily cleanup includes any contaminate produced during removal of old paint. 10. Contractor is responsible for all weather protection which is to be included in the bid. 11. Contractor shall supply a fireguard UL2085 above ground 5,000 -gallon double wall split tank (3,500/1,500), and install the tank and all necessary equipment, to include, (tank sump, pumps, overfill valves, anti -siphon valves, spill container, tank probe, etc.) to ensure effective fuel storage and delivery. 12. Pumps to be "in tank pumps" submersed at the bottom of the tank. 13. Unleaded side needs to have a vapor recovery. 14. Contractor to provide two dispensers for fuel system. One for the diesel side (3,500 Gallon) of the tank and one for the unleaded side (1,500 Gallon) of the tank. The dispenser shall be an analog or equivalent. Dual hose dispenser is acceptable. Factory assembled turn -key tank and delivery system to be D -Fleet 5 Above ground fuel storage tank & dispensing system or equal. 15. Contractor to provide card reader on the pedestal to activate either the diesel or unleaded dispensers / pumps. 16. High -volume diesel dispensers are not required for this project. 17. Contractor to provide a Static System with manual gauges for volume. 18. System to monitor volume and interstitial leak detection. 19. Contractor to provide trench and backfill conduit for estop. Additionally install and wire estop for a fully functional system. 20. Contractor to provide fuel metering unit. 21. Contractor to provide isolation valves. One manually actuated ball -valve between tank and dispenser. 22. Contractor to provide a data cable to the fuel island from the IDF. Cable to be terminated at the county provided rack and communicated through the county network. 23. Contractor to provide all electrical work inside the new facility and at the fuel tank. Weld County has provided a 2" conduit from the slab below the electrical panel within the building to exterior wall of the grader shed. Contractor to trench and backfill new conduit for low volt and power, complete all pathways, pull all necessary wiring, and terminate wire for a fully functional system. 24. Contractor shall deliver the tank to the site and set in place. Contractor will be responsible for receiving any and all material onsite. Contractor will be responsible for any necessary storage for fuel system. 25. Contractor shall program dispenser & card reader (management system) 26. Contractor shall purge product lines & dispenser. 27. Contractor to provide Gasboy Islander PRIME system with EKOS. Substitutes or alternates will not be acceptable. PROJECT CLOSE OUT: 1 Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. 2. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 3. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 4. At project close-out, provide all maintenance manuals, including operation and maintenance instructions, parts listing with sources indicated, recommended parts inventory listing, emergency instructions, and similar information. Include all diagnostic and repair information available to manufacturer's and installer's maintenance personnel. A digital copy of these records to be reviewed and approved by Weld County. After review and approval, the contractor will be required to provide 2 (two) hard copies of these records to the Weld County Project Manager. WELD COUNTY STANDARD TERMS AND CONDITIONS: 1 All submittals will be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. 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. 3. Any clarification or information needed from the contractor must be submitted through an RFI for BID REQUEST #B2400102 Page 10 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. 4. 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 5. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 6. Contractor is responsible for all private and public locates. 7. 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. 8. All electrical work will be done by a qualified State licensed electrician. 9. All plumbing work will be done by a qualified State licensed plumber. 10. All mechanical work will be done by a qualified State Licensed technician. 11. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 12. All lifting and hoisting equipment shall be provided by the contractor as needed. 13. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 14. No bid bond is required for this project. 15. 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. 16. Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project. 17. Contractor will be required to provide professional liability insurance and builders risk insurance in the amount of the bid. 18. 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. 19. Weld County is a tax-exempt entity. 20. Davis -Bacon and Buy American requirements are NOT required. 21. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. 22. Contractor will be required to provide pollution liability insurance with the following minimum limits: Per Loss $1,000,000 and Aggregate $1,000,000. 23. Contractor shall provide a 1 -year labor and workmanship warranty and hot water generators unit shall have a standard manufacturer's warranty. 24. Contractor will provide optional pricing below for 2 -year labor and workmanship warranty. BID REQUEST #B2400102 Page 11 SCHEDULE: 1. Contractor is responsible for providing and maintaining a three week look ahead schedule throughout The life of this project. Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish May 22, 2024 May 22, 2024 June 3, 2024 June 10, 2024 June 17, 2024 July 3, 2024 July 17, 2024 Immediately following Contract. November 1, 2024 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being July 17, 2024. *Dependent on fabrication and delivery of the tank.* START DATE 11/24/2024 COMPLETION DATE 12/6/2024 TOTAL LUMP SUM COST: FACILITY LUMP SUM COST Briggsdale Grader Shed Fuel Storage & Delivery System - TOTAL LUMP SUM COST $ 181, 052.00 Optional Pricing: 2 -year labor and workmanship warranty. $o BID REQUEST #B2400102 Page 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on June 17, 2024: 1) 2) 3) 4) Pages 9 thru 14 of the Bid Specifications/Scope of Work. W9, if applicable.* Any future Addenda must be completed. on or before the bid opening All other items as requested in the Bid Specifications/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 and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2400102 Page 13 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid No. #B2400102. 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. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM CGRS, Inc. BY Eric Henning (Please print) BUSINESS ADDRESS 1301 Academy Court DATE 06/17/2024 CITY, Fort Collins STATE, Co ZIP 80524 TELEPHONE NO 970 -7 8 SIGNATURE FAX (970) 493-7986 TAX ID # 84-1061813 E-MAIL ehenning@cgrs.com CODE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. r ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Kevin D. Ross, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0124 BID REQUEST #B2400102 Page 14 ADDENDUM#1 BID REQUEST NO. B2400102 BRIGGSDALE GRADER SHED FUEL STORAGE & DELIVERY SYSTEM Currently Reads: Bids will be received until: June 17. 2024 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on June 17, 2024 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 225 411 606# Change: Change this to read - Bids will be received until: June 17, 2024 at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on June 17, 2024 at 11:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 906 845 952# Currently Reads on Page 13: The following items must be completed and submitted with your bid deadline of 10:00 AM on June 17, 2024: Change: Change this to read The following items must be completed and submitted with your bid deadline of 11:00 AM on June 17, 2024: on or before the bid opening on or before the bid openinp ***A signed copy must be submitted with your bid. Thank you!*** Addendum received by: CGRS, Inc. May 22, 2024 FIRM 1301 Academy Court ADDRESS Fort Collins, CO 805 _ CITY AND BY ehenning@cgrs.com EMAIL Request for Taxpayer Identification Number and Certification Give form to the reueser. Do not send to the IRS. Name of entity,' entity's name o C.G.R.S., Inc tote related to the purpose of form W-9, see Purpose of ""M below. dual. An entryis regwred. (Fora sole proprietor or tlisre [ity, enter the 2.) Check the appropriate bon for federal tax classification o! the en'indlviduai whose name Is entered on line 1. Check q Exemptions �cotles apply only to only one of the following seven boxes. .. certain entities, not Individuals; ❑ LLC. Enter the tax classification (C = C corporat!on; S = S corporation, P - Partnership) Exempt payee code (ir any) Note: Check the "LLC" box above and, in the etle7: space, enter the appropriate code iC, a' ar P) for Ilte 2 classificallon o1 Ine LLC, unless it Is disregartleo entity. A disregarded entity should instead check the appropriate . Exemption Irom Foreign Account Tax bo siltation of Its owner. Campllance Act (FATCA) reporting ❑ code (if any) and you are providing this form to a partnership, (rust, or estate in v:hich you ha. an ownership interest. cneck outside the United5!ates.) this box if you nave any foreign partners, owners, or bene!Iciaries. See instructions e ❑ ii 1301 Academy Court Fort Collins, CO 80524 • Taxpayer Identification Number (TIN) ippropnate o0 or indlvlduals, to4etor, or dis Note: If the account is in more than one name, sea the instructions for line 1. Sze also What Name and Number To Grve the Requester for guitlelines on whose number to enter, - rErEi Certification 101161,18 1!3 1. Ine nlllnnor snawn Un Illls 2. I am not subject to backup Service (IRS) that I am sub no longer subject to becku 3. I am U.S. citizen or other U.. person efined below); and am exempt f'om FATCA reporting is correct. eve been notifed by th yer Identification number (or I am waiting for a number to be issued to me)and am exempt from backupnithholding, or (b) I have not been notified by the Internal Revenue g as a result of a failure to 'eport all interest or dividends, or (e) the IRS has notified me that I General Instructions Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted aher they were published, go to www.irs.gov/Form1,9. What's New An individual or entity (Form U.'-9 requester) who is required to file an information return with the IRS is giving you this form because they Fonn w-9 (Rev. 3-2024) Fere, W-9 (Rev. 3-2024) er identification number fiber (SSN), individual tar tion taxpayer identification number (EIN), to report on an chapter 3 or 4 uroses), do other amount reportable appropriate Forrn-8 or Ford lion returns nlude, but qualified foreign pension fund a partnerShlp that IS whOIV OV • Form 1099-INT (interest earned or paid). • Form 1099-DIV (dividends, including those from stocks or mutual funds). orm 1099 -NEC ("'"employee compensation). orm 1099-B (stock or mutual funtl sales and certain other • Form 1098 (home mortgage interest), 1098-E (student loan interest), and 1098-T (tuition). • Form 1099-C (canceled debt). ly if you area U.S. person (including a resident �r correct IN. might be subject to backup withholding. See What is bad, withholding, later. By signing the filled -out form, you; 1. Certify that the TIN 4ou are divine is correct (or you are v 2. Certify that you are not subject to backup withholding; or 4. Certify to your non -foreign status for purposes of withholding under chapter 3 or 4 of the Code nit applicable), and 5. Certify that FATCA code(s) entered on this Conn Of any) indicating that you are exempt from the FATCA reporting is correct. See What Is FATCA RepoKing, later, for hirther iformation. Note: If you 'eta U.S. person and a requester gives you a form other than F«m W to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of te U.persoFor federal tax purposes, you are considered a U.S. S. person if n. you are'. Page 2 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause antl its exceptions. rm W-9 a support that it alien or a foreign entity, give the requester the orm W-8 or Form 8233. • An individual who is a U.S. citizen or U.S. resident alien; Backup Withholding • A partnership, corporation, company, or association created or What is backup withhdding? Persons making certain payments to you organized in the United States or under the laws of the United States; must under certain conditions withhold and paV to the IRS 24 % of such payments. This is called " subject to backup withhol • A domestic trust (as defined in Regulations section 301.7701-7). You will not be subje if you give the requests antl report all your taxa Payments you receive will be subject to backup withholding 1. You do not furnish your TIN to the requester; 2. Vou do not certify your TIN when required (see the instructions for Part II for details); 3. The IRS tells the requester that you furnished an incorrect TIN; 4. The IRS tells you that you are subject to backup withholding cause you did not report all your interest and dividends on your cum (for reportable interest and dividends only); or ing the filled- unts opened Fah, W-9 (Rev. 3-2924) What Is FATCA Reporting? The Foreign Accoun participating foreign holders that are spe FATGA reporting. Se the Instructions for t Updating Your Information You must provide updated claimed to be an exempt p and anticipate receiving person. For example, yo you are a C corporation ividual. Generally, enter the changed your last name without rtion (SS of the name chat hown on your social securit Note for ITIN applicant: oour Form W-7 application, Ime ta. t nts snouto also oe [ne same as thename you entered on the Form 1040 you tiled with your application. • Sole prprietor. Enter your individual name as shown on your Form 1040 on line 1 Enter your business, trade, or doing business s" (DBA) name on line 2. • Partnership, C corporation, S corporation, or LLC, other than a disregarded entity. Enter the entity's name i Sharon on the entity's tax return on line 1 and any business, trade, w DBA name on line hown. • Other entities. Enter your name as shown on required US. federal tax documents online 1. This name should match the name s reatino the entity. Enter [ CA) requires a ort all U.S. account in payees are code, exelatet from I reporting mpr, and or uses TINS in violation of to civil and criminal penalties. Page 3 appropriate box on line 3a for the U.S. federal tax an of the person vfiose name is entered on line 1. Check only [ line 3a. e entitylndividual on line 1 THEN check the box for... Corporation. individual/sole proprietor. • LLC classified as a partnership for U.S. federal tax purposes or • LLC that has filed Form 8832 or 2553 electing to be taxed as a corporation cl d liability company [he appropriate tax �rporatton, rporation. • Partnership • Trust/estate Partnership. ckup withholding and/or FATCA reporting, pace online 4 any codes) that may apply to You Exempt payee code. • Generally, individuals Qncluding sole proprietors) are not exempt from backup withholding. • Except as provided bet withhdding for certain pa t from backup rd dividends. ackup withholding for payments third -party nerivork transactions. ithholdi re services are 1099-MIC. following codes identify payees that are ex �Iding. Enter the appropriate code in the sp rganization exempt from tax under section 5o'ulr , any IR, or al account under section 403(b)(7) if the account satisfies the ions espect Form W-9 (Rev. 3-20,0 Faye 4 talities. 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or erritory. 7A futures commission merchant registered with the Commodity Futures Trading Commission. Th d at all times during the tax year under the t of 1940. ing chart shows types of payments that may be exempt withhdding. The chart applies to the exempt payees listed securities, commodities, or derivative fnancial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state. G —A real estate investment trust. H —A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under '" Instment Company Act of 1940. I —A common trust fund as definetl in section 584(a). J —A bank as defined in section 581. K —A broker. L —A trust exempt from tax untler section 664 or described in sectioi 4947(a)(1). —A tax-exempt trust under a section 403(b) plan or section 457(8) plan. may wish to consult with the financial institution requesting o determine whether the FATCA code and/or exempt payee ild be comleted. Line 5 Enter your a This is when rturns. It th Ells, enter "N Line 6 'r already ha d, there is st Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box, If you are a resident alien and you do not have, and are not eligible to get, an SSN, your TIN is your IRS ITIN Enter it in the entry space for the Social security number. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprie your SSN or EIN. a single -member LLC that is disregarded as an entity m its owner, enter the owner's SSN (or EIN, if the owner has .LC is classified as a corporation or pannership. enter the F«m W-5 !Rev. 3-2024) Page rJ Part II. Certification sho in g agent even if item i, 4, or 5 below indic� nt account, only the person whose TIN is n (when required). In the case of a disrega yea Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. you are subject [o backup withholding and you are merely providing 3. Real estate transactions. Vou must sign the certification. Vou may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an locum What Name and Number To Give the Requester TI 2. rwn nr more Indiyidnals rlant aceoanfi other than an account maintmned by an FFI re U.S. persons int arcoount maintained by an f F I) ial account of a min« n Oift to Minors Aci) he usual revocable savings host mot is also tiusree) Sole pgoprietorship or disregarded entity owned by an individual 7. Cantor bust filing under Optional Filing Method 1 (see Regulations suction 1 6I1 4(b)(2)(i)(!g)" ual ewner of the account or, load funds, the first individual identity thief may use inc your SSN to receive 10. C«poration or LLC electing c«p«ate status on F«m 8832 or Form 2553 nd circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that perso's number must be furnished. 'Circle the minor's name and furnish the minor's SSN. =You must show your individual name on line 1, and ant or DBA name, it any, on line 2. You may use either your you have one), but the IRS encourages you to use your: List first and Circe the name of the trust, estate, or pen TIN of the personal representative or trus elf is not designated in the account title-) antor must also orovide a Form W-9 to the trustee of the ur business or EIN (if ust. (Do nless the on optional filing methods for grantor trusts, see when more than one name is listed, the to be that of the first name listed. Secure Your Tax Records From Identity Theft Identity theft oc such as your ne permission to c your SSN to ge a refund. duce yo ;t your ; e yours reful wh r tax records are affected by identity theft and you receive a •om the IRS, respond right away to the name and phone number on the IRS notice or letter. Form W-9 (Rev. 3-2024) Page Privacy Act Notice ACORO" CGRSINC-01 CERTIFICATE OF LIABILITY INSURANCE RBANKS DnrE (mm;DDnrryl 6/20/2024 ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON Eli HOL OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY TA U S WAIVED, subject to the terms and conditions of the policy, certain pol not confer rights to the certificate holder in lieu of such endorsement(s). ITIONAL INSURED provisions or be endrsed. may require an endorsement. A statemeont on INSURED urance Group ompson Parkway Suile 200 Iwn, CO 80534 CGRS, Inc. 8 CA TESTCO, LLC 1301 Academy Court Fort Collins CO 80524 N2ME S Ins (970) 635-9400 nR„ E : info@mypfsinsurance.com a Nol:(970) 635-9401 INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Admiral Insurance Company 24856 INSURER e: Everest Denali Insurance Company 16044 INSURER L: PInnaCOI ASSUranGe CO 4119D_ wsuRER : Berk/ IN tiorlallnsurance Company 138911 INSURER F COVERAGES CERTIFICATE NUMBER: 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 ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR %-; PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS, 'LWTYPE OF INSURANCE ADD; SUBR'', POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD� IMMIDDIYYYYI (MMIDDII'VYY) A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Blkt Add'I Insured Blkt Waiver of Subro GEN, AGGREGATE LIMIT APPLIES PER: X X ',,FEI-ECC-13290-11 3/1/2024 EACH OCCURRENCE $ 1,000,000 3/112025 DAMAGE TO REINTEO 100,000 PREMISES (Eaccurencei4. MED ExP (Any nnepersenL __5 __ 10,000 1,000,000 2,000,000 PERSONAL 8 AOV INJU GENERAL AGGREGATE PRODUCTSCOMPIOP AGG 5 2000,000 Hired/Nonowned $ 1000,000 ANY AUTO OWNED X SCHEDULED _ AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY ._ _. AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) 8 X CF2CA00249-241 3/1/2024 3/1/2025 Booav wlunv leer Person? $ IL=""E 1,000,000 A UMBRELLA 'AB X OCCUR EXCESS LIAR CLAIMS -MADE X DED I X I RTE ENTIONS O C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEIMBFR E%CLUDEIp XECUTIVE Y (Mandatory in NHl If yes, describe under DESCRIPTION OF OPERATIONS below D Leased/Rented Equip X FEI-EXS-13291-11 EACH OCCURRENCE 10,000,000 3/1/2024 3/1/2025 AGGREGATE 10,000,000 X PER OTH- STArurE , ' ER X 4029480 1/1/2024 1/1/2025 EE EACH AccIDENT $ 1,000,000 MNP1087954 - 50 X� X FEI-ECC-13290-11 I E.L. DISEASE-POLICVI 3/1/2024 3/1/2025 '$1000 Deductible 311/2024 13/1/2025 Per Claim Limit DESCRIPTION OF OPERATIONS; LOCATIONS I VEHICLES IALORD I"' Additional Remarks Schedule, may be """ed if more space is repaired) Projct: eriggstlale Grader Shed Fuel Island If required by written contract, Weld County, Colorado is included as Additional Insured for ongoing operations under Gel Pollution Liability. If required by written contract a Waiver of Subrogation in favor of the County its associated and/or affi assigns, its elected officials, trustees, employees, agents, and volunteers applies to the General Liability, Automobile Liability, Pollution Liability Compensation. Umbrella follow form and provides excess coverage over the General Liability, Autamohile Liability, e Liahility 8 Prof Pollution Liahility 200,000 1,000,000 Liability, Automobile Liability E. entities, uccessors, or CERTIFICATE HOLDER CANCELLATION Weld County, Colorado 1301 N. 17th Avenue Greeley, CO 80631 SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: CF2CA00249-241 Effective 03/01/2024 to 03/01/2025 COMMERCIAL AUTO ECA 04 521 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART SCHEDULE Name Of Additional Insured Organization ALL ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE NAMED AS AN ADDITIONAL INSURED ON THIS POLICY WITH REGARD TO THEIR OPERATION, MAINTENANCE, OR USE OF A COVERED "AUTO". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to the Who Is An Insured paragraph under Section II — Liability Coverage: The organization shown in the Schedule with respect to the operation, maintenance, or use of a covered "auto" if you are required to add such organization to this policy as an additional insured in order to comply with the terms of a written "insured contract" or written agreement. This does not apply when such contract or agreement: Involves the owner or anyone else from whom you hire or borrow a covered "auto" unless it is a "trailer" connected to a covered "auto"you own; or ECA 04 521 0414 B. Is executed after the date of "loss". This paragraph does not apply if: 1. The terms and conditions of the written "insured contract" had been agreed upon prior to the "accident" or "loss, and 2. You can definitively establish that the terms and conditions of the written "insured contract.' ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss". Copyright, Everest Reinsurance Company, 2014 Includes copyrighted material of Insurance Services Office, used with its permission INSURED COPY Page 1 of 1 COMMERCIAL AUTO CA 99 46 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO AND MOTOR CARRIER COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to covge provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endoerarsement. A. Covered Autos Liability Coverage is changed as follows: 1. Paragraph a. of the Pollution Exclusion applies only to liability assumed under a contract or agreement. 2. With respect to the coverage afforded by Paragraph A.1. above, Exclusion B.6. Care, Custody Or Control does not apply. Changes In Definitions For the purposes of this endorsement, Paragraph D. of the Definitions Section is replaced by the following: "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to or assessing the effects of "pollutants". CA 99461013 "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, disperal, seepge, migration, release or escape of "pollutants": a. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "nsured" for movement into or onto the covered "auto"; or After the "pollutant" or any property in which the "pollutans" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured... Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants' or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration release or escape of the "pollutants" is caused directly by such upset, overturn or damage. © Insurance Services Office, Inc., 2011 INSURED COPY Page 1 of 1 Policy Number: CF2CA00249-241 Effective 03/01/2024 to 03/01/2025 COMMERCIAL AUTO ECA 24 503 02 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person or Organization: ALL PERSONS OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED. THE WRITTEN CONTRACT MUST BE SIGNED PRIOR TO THE DATE OF THE "ACCIDENT". (If no entry appears above, information required to complete this endorsement will be shown in the Declarations Ts. applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for an "accident" or "loss", provided that you are required under a written agreement to waive your rights of recovery. The written agreement must be made prior to the date of the "accident" or "loss". This waiver applies only to the person or organization shown in the Schedule above. ECA 24 503 02 14 Copyright, Everest Reinsurance Company, 2014 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. INSUREo coav Page 1 of 1 CGRS, Inc. Endorsement Number: 72 Hired and Non -Owned Auto Liability Coverage Endorsement This endorsement, effective 05/23/2024, attaches to and forms a part of Policy Number FEI-ECC-13290-11. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $2 500, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY It is hereby agreed that insurance is provided only with respect to those coverages for which a specific Sub -Limit of Insurance is shown: SUB -LIMIT OF INSURANCE SCHEDULE Coverage Sub -Limits of Insurance Hired Auto Liability and Non -Owned Auto $1,000,000 Each Occurrence Sub -Limit Insurance Hired Auto Liability and Non -Owned Auto $1,000,000 Aggregate Sub -Limit (included Insurance in General Aggregate Policy) A. HIRED AUTO LIABILITY The insurance provided under this policy applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto" by you or your "employees" in the course of your business. B. NON -OWNED AUTO LIABILITY The insurance provided under this policy applies to "bodily injury" or "property damage" arising out of the use of a "non -owned auto" by any person other than you in the course of your business. C. CHANGES IN EXCLUSIONS Solely with respect to the insurance provided by this endorsement: a. SECTION I — COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is amended by the deletion of the following Exclusion items: (c.) Liquor Liability; (e.) Employer's Liability; (g.) Aircraft, Auto or Watercraft; (h.) Mobile Equipment; (i.) War; (j.) Damage To Property; (k.) Damage To Your Product;( m.) Damage To Impaired Property Or Property Not Physically Injured; (n.) Recall Of Products, Work Or Impaired Property; and (o.) Personal And Advertising Injury. b. SECTION I — COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is amended by the addition of the following exclusions: ECC-353-0217 © 2018, Freberg Environmental, Inc. Page 1 of 3 CGRS, Inc. i. "Bodily injury": a) To an "employee" of the insured arising out of and in the course of employment by the insured; or b) To the spouse, child, parent, brother or sister of that "employee" as a consequence of(1)above. This exclusion shall apply: a) Whether the insured may be liable as an employer or in any other capacity; b) To any obligation to share damages with or repay someone else who must pay damages because of injury; or c) To any liability assumed by the insured under an "insured contract". This exclusion shall not apply to: a) "Bodily injury' to "domestic employees" not entitled to worker's compensation benefits. ii. "Property damage, a) To any vehicle rented or hired under a written rental contract or agreement; or b) To property owned or transported by, or rented to or loaned to the insured or in the insured's care, custody or control. D. SECTION II — WHO IS AN INSURED is deleted in its entirety with respect to coverage afforded by this endorsement and replaced by the following: Each of the following is an insured under this insurance to the extent set forth below: a. You; b. Any other person using a "hired auto" with your permission in the course of your business; c. With respect to a "non -owned auto", any partner or "executive officer" of yours, or any employee of yours but only while such "non -owned auto" is being used in your business and only if the "non -owned auto" is not operated by you; or d. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under a., b. or c. above. None of the following is an insured under this insurance: a. Any person engaged in the business of his or her employer with respect to "bodily injury" to any co -"employee" of such person injured in the course of employment, or to the spouse, child parent, brother or sister of that co -"employee" as a consequence of such "bodily injury", or for any obligation so share "damages" with or repay someone else who must pay "damages" because of the injury; b. Any partner or "executive officer" with respect to an "auto" owned by such partner or "executive officer' or a member of their household; ECC-353-0217 © 2018, Freberg Environmental, Inc. Page 2 of 3 CGRS, Inc. c. Any person while employed in or otherwise engaged in duties in connection with an "auto business", other than an "auto business" you own or operate; d. The owner or lessee, of whom you are a sublessee, of a "hired auto" or the owner or lessee of a "non -owned auto" or any agent or "employee" of any such owner or lessee; e. Any person or organization with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. E. DEFINITIONS: The following additional definitions apply to coverage provided by this endorsement: 1. "Auto business" means the business or occupation of selling, repairing, servicing, storing or parking "autos". 2. "Domestic employees.' are persons engaged in household or domestic work performed principally in connection with a residence premises. 3. "Hired auto" means any "auto" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, or rent under a lease or rental agreement for a period of 180 days or more or any "auto" you lease, hire, rent or borrow from any of your "employees", your partners or your "executive officers", or members of their households. 4. "Non -owned auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your "employees", your partners or your "executive officers, or members of their households, but only while used in your business. F. LIMITS The Sub -limits of Insurance shown in the Schedule above shall be the most we will pay regardless of the number of "hired autos", "non -owned autos", insureds, "claims" made, or "suits" brought, or persons or organizations making "claims" or "suits". The Each Occurrence Sub -Limit and the Aggregate Sub -Limit shown in the Schedule above are subject to and not in addition to the General Aggregate Limit shown in the Declarations, and any payments made under either such limit are part of and shall erode the General Aggregate Limit of Insurance shown in the Declarations. The Aggregate Limit indicated in the Schedule shown above, subject to the Each Occurrence Limit indicated in the Schedule shown above, is the most we will pay as "damages" for "bodily injury" or "property damage" sustained regardless of how many persons assert claims or "suits" against you. G. CHANGES IN CONDITIONS The insurance provided by this endorsement is excess over any of the other insurance covering the "hired auto" or "non -owned auto", whether primary, excess, contingent or on any other basis, that applies to "bodily injury" or "property damage" arising out of the use or maintenance of a "hired auto" or "non -owned auto". ECC-353-0217 © 2018, Freberg Environmental, Inc. Page 3 of 3 CGRS, Inc. Endorsement Number: 5 Automatic Additional Insured — Owners, Lessees or Contractors This endorsement, effective 03/01/2024, attaches to and forms a part of Policy Number FEIC129011. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. ECC-319-0712 © 2018, Freberg Environmental, Inc. Page 1 of 1 CGRS, Inc. Endorsement Number 6 Automatic Waiver of Subrogation Endorsement This endorsement, effective 03/01/2024, attaches to and forms a part of Policy Number FEI-ECC-13290-11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the following coverage part(s) COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation However, this status exists only for the project specified in that contract The Company waives any right of recovery it may have against the person or organization shown in the above Schedule -because of payments the Company makes for injury or damage arising out of the msured's work done under a contract with that person or organization The waiver applies only to the person or organization in the above Schedule Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations ECC-320-0712 © 2018, Freberg Environmental, Inc Page 1 of 1 Policy Number: FEI-ECC-13290-11 Professional Liability Insurance Policy d. All demands, summonses, notices or other related documents filed with a court of law, administrative agency or an investigative body; a The names and addresses of all parties asserting a Claim and all persons with knowledge of the Claim and related Circumstance; f. All other information in the possession of the Insured or its affiliates regarding the Circumstance, the discovery and the Claim; and g. Any other information pertinent to the Circumstance or Claim that the Company deems reasonably necessary. The duties of the Insured herein may not be delegated. Nothing contained herein shall relieve the Insured from any obligation. including any notification requirements it may have pursuant to applicable laws, rules or regulations. O. OTHER INSURANCE If any part of Damages, Claims Expenses, or other coverage afforded under this Policy or by endorsement attached to this Policy, is insured under this Policy and any other policy not issued by the Company or an affiliate of the Company, this Policy shall be excess insurance and shall not contribute with the other insurance. unless: 1. Such other insurance is also excess insurance, in which case this Policy shall provide coverage for such Damages, Claims Expenses, or other coverage afforded under this Policy or by endorsement attached to this Policy, in proportion to the applicable Limits of Insurance of this Policy and those of such other policy or policies; or 2. Such other insurance is expressly written to be excess of this Policy. in which case this insurance is primary. P. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Policy to the First Named Insured, this Policy applies: 1. As if each Named Insured were the only Named Insured; and 2. Separately to each Insured against whom Claim is made. Q. SERVICE OF SUIT R. In the event of failure of the Company to pay any amount claimed to be due hereunder, the Company, at the request of the Insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this clause constitutes or should be understood to constitute a waiver of the Company's rights to commence an action in any court of competent jurisdiction in the United States. to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Counsel, Freberg Environmental Insurance Inc., or his or her representative, and that in any suit instituted against the Company upon this policy, the Company will abide by the final decision of such court or of any appellate court in the event of an appeal. WAIVER OF SUBROGATION ECC-1313-0118 © Freberg Environmental, 2018 Page 13 of 15 All rights reserved. Professional Liability Insurance Policy In the event of any payment of any Claim under this Policy. the Company will be subrogated in the amount of such payment to all of the Insureds rights of recovery against any person or organization. The Insured must do everything reasonably necessary to secure these rights and must do nothing after a Claim is made to jeopardize such rights. The Company shall have priority over the Insured in allocation of any recovery, and any amounts recovered in excess of the Company's total payment and the cost to the Company of recovery shall be paid to the Insured. The Limit of Insurance shalt be reinstated by the amount recovered by the Company, less the cost to the Company of recovery. However. the Company herby waives such subrogation rights against any Insured under this Policy, and also against the Insured's client to the extent that the Insured had. prior to the Claim or Circumstance, a written agreement to waive such rights, provided that prior to such writing no Insured had a basis to believe that any matter asserted in the Claim or Circumstance might reasonably be expected to be the basis of a Claim. IX. EXTENDED REPORTING PERIOD A. EXTENDED REPORTING PERIOD The Insured shall be entitled to an Automatic Extended Reporting Period, and the Named Insured shall be entitled to purchase an Optional Extended Reporting Period, if this Policy is cancelled or non -renewed for any reason other than non-payment of the premium, fraud or material misrepresentation, and the Insured has not purchased other insurance to replace this Policy. If this Policy is renewed, the Insured shall be entitled to an Automatic Renewal Extended Reporting Period, as set forth below in Paragraph B. The Extended Reporting Period neither extends the Policy Period, nor changes the scope of coverage provided by this Policy. The Extended Reporting Period shall not modify. reinstate or increase the Limits of Insurance of this Policy, and any payment made by the Company during the Extended Reporting Period shall reduce the available Limits of Insurance. B. AUTOMATIC EXTENDED REPORTING PERIOD The Automatic Extended Reporting Period is a sixty (60) day period, which begins on the effective date of termination of this Policy. The Insured shall be entitled to an Automatic Extended Reporting Period for no additional premium charge. The Automatic Extended Reporting Period shall apply as follows: A Claim first made against the Insured during the Policy Period and reported to the Company, in writing, during the Automatic Extended Reporting Period will be deemed to have been made and reported on the last day of the Policy Period, provided that such Claim is otherwise covered under this Policy. All such Claims shall arise out of a Wrongful Act in the performance or non-performance of Professional Services that was committed on or after the Retroactive Date and before the end of the Policy Period. If the Optional Extended Reporting Period is purchased, then the Automatic Extended Reporting Period shall not apply. C. OPTIONAL EXTENDED REPORTING PERIOD ECC-1313-0118 © Freberg Environmental, 2018 Page 14 of 15 All rights reserved. PINNIACOL ASSURANCE 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com CGRS Inc. 1301 Academy Ct Fort Collins, CO 80524 ENDORSEMENT: Blanket Waiver of Subrogation NCCI #: WC000313B Policy #: 4029480 PFS Insurance Group, LLC - Johnstow 4848 Thompson Pkwy Suite 200 Johnstown, CO 80534 (970) 635-9400 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 To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date:January 1, 2024 Expires on: January 1, 2025 Pinnacol Assurance has issued this endorsement December 13, 2023 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P SCHELPEW - Underwriter 12/13/2023 07:49:54 4029480 82567245 359-B Entity Information Entity Name* CGRS, INC Contract Name BRIGGSDALE FUEL TANK B2400102 Contract Status CTB REVIEW Entity ID* @00003454 O New Entity? Contract ID 8630 Contract Lead CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* PROVIDE AND INSTALL FUEL TANKS AND FUEL DELIVERY SYSTEM FOR THE NEW BRIGGSDALE GRADER SHED. Contract Description 2 Contract Type" Department Requested BOCC Agenda Due Date CONTRACT BUILDINGS AND Date* 08/17/2024 GROUNDS 08'21/2024 Amount* $181,052.00 Renewable NO Automatic Renewal Grant IGA Department Email Willa work session with BOCC be required, CM- NO BuildingGrounds@weldgo v.com Does Contract require Purchasing Dept. to be included? Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV 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 OnBase Contract Dates Effective Date Review Date* Renewal Date 10/01/2024 Termination Notice Period Committed Delivery Date Expiration Date* 11 /01 /2024 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel CURTIS NAIBAUER CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 08/19/2024 08/19/2024 08/21/2024 Final Approval BOCC Approved Tyler Ref # AG 082624 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 08/26/2024 June 20, 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: Curtis Naibauer Subject: BRIGGSDALE GRADER SHED FUEL STORAGE & DELIVERY SYSTEM 82400102 As advertised this bid is for the Briggsdale Grader Shed Fuel Storage & Delivery System. The low bid is from CGRS, Inc. in the amount of $181,052.00. and meets the specifications. Therefore, the Facilities Department is recommending the award to CGRS, Inc. in the amount of $181,052.00. If you have any questions, please contact meat extension 2027. Sincerely, Curtis Naibauer Interim Director "7/3 Zoze-1---l(f),($ 13C-1001(0 DATE OF BID: JUNE 17, 2024 REQUEST FOR: BRIGGSDALE GRADER SHED FUEL STORAGE & DELIVERY SYSTEM DEPARTMENT: FACILITIES BID NO: B2400102 PRESENT DATE: JUNE 19, 2024 APPROVAL DATE: JULY 3, 2024 VENDOR CGRS, INC. 1301 ACADEMY COURT FORT COLLINS, CO 80524 ELLIOTT PARTS & SERVICE, INC. 3764 EUREKA WAY, UNIT 5 FREDERICK, CO 80516 START FINISH DATE DATE 11/24/2024 WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett(aiweld.gov cgeisertca.weld.gov ttaylor(aweld.gov Phone: (970) 400-4222, 4223 or 4454 TOTAL 12/6/2024 $181,052.00 10/21/2024 11/1/2024 $251,869.43 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 2024-1618 WI 9 5C► DO 2C0 Hello