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Home My WebLink About20242739.tiffCon*.ack-HD*31rl October 8, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Galeton Backup Generator -Materials Testing and Inspection services Galeton Grader Shed is installing a new backup generator and generator enclosure and needs to have a material testing contractor to verify materials and work performed. Through the informal bid process, Intertek PSI was the low bidder with the price of $ 3,183.10. Therefore, the Facilities Department is recommending the award to Intertek PSI in the amount of $3,183.10. If you have any questions, please contact meat extension 2023. Sincerely, Patrick O'Neill Facilities Director Con+� �-�- Pia ba� �er►��l l0/clol2f4 ID/Ili/2 2024-2739 SERVICE AGREEMENT BETWEEN WELD COUNTY AND INTERTEK pPSI THIS AGREEMENT is made and entered into thisday of O CA �,V , 2024, by and between the Board of Weld County Commissioners, on behalf of Facilities Department hereinafter referred to as "County," and Intertek PSI, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement, and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to 1 procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $3,183.10 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1- 101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees 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. 2 Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Types of Insurance. 3 Workers' Compensation /Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, its elected officials, and its employees as an additional named insured. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 12. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law 4 or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 13. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 14. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Intertek PSI Name: Jim Elhardt Position: Department Manager Building & Construction Address: 1070 West 124th Avenue Suite 800 5 Address: Westminster CO_80123 E-mail: james.elhardt@intertek.com Phone: 1-303-423-5625 TO COUNTY: Name: Patrick Oneill Position: Director Facilities Address: 1105 H Street Address: Greeley CO, 80631 E-mail: poneill@weld.gov Phone: 970-400-2023 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 22. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 6 24. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. 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 7 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. 29. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 30. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 8 CONTRACTOR: Intertek PSI - By: Na : Jim Elhardt Title: Dept. Manager 10/9/24 Date of Signature WELD COUNT ATTEST: Weld County BY: Depu y Clerk to the Board in BOARD OF COUNTY COMMISSIONERS 9 EXHIBIT intertek b a R Mr. Jeremy Duran Weld County - Buildings and Grounds 1105 H Street P.O. Box 758 Greeley, CO 80632 Re: Proposal for Construction Materials Testing & Inspection Services Galeton Grader Shed Generator 24980 CR74 Eaton, CO 80615 Dear Mr. Duran, Proposal Number: 417964 February 6, 2024 Professional Service Industries, Inc. 1070 West 124'~ Avenue, Suite 800 Westminster, CO 80123 Phone: (303) 424-5578 Fax: (303) 423-5625 Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit the following proposal to provide construction materials testing and inspection services for the Weld County Galeton Grade Shed Generator project in Eaton, Colorado. We propose to provide experienced technical personnel to perform testing and inspection services on a unit -price basis in accordance with our attached Schedule of Services and Fees, which have been approved by Weld County PSI's understanding of the project is based on the information provided by Mr. Duran, which included construction drawings dated June 14, 2024 by Cairn Design. Based on this information, PSI understands that Weld County is planning the construction of new generator pad with a reinforced CMU screen wall. The generator pad will be a reinforced concrete turned down slab. The reinforced masonry screen wall will be supported by a shallow foundation consisting of wall footings and stem walls. Services will be provided on an on -call basis as scheduled by the general contractor and must be coordinated by 3pm the business day prior. PSI's fees will be determined by the actual amount of technical time expended for each project and the amount of laboratory testing performed. Based on our understanding of the projects, we estimate that the fees for specified testing and inspection will be approximately $3,183.10. PSI proposes that the work be performed pursuant Weld County Contract ID 3508. PSI appreciates the opportunity to offer its services to your project and looks forward to working with you during the construction phase. If you have any questions concerning our proposal, please do not hesitate to contact us at (303) 424- 5578. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. 7'1 Jim Elhardt Department Manager James.Elhardt@Intertek.com Attachments: Weld County Fees Sheet Kyle R. Duitsman, P.E. Regional Director Kyle.Duitsman@Intertek.com www.intertek.com/building Proposal Number 417964 February 6, 2024 Page 2 PROPOSAL ACCEPTANCE. AGREED TO THIS DAY OF BY/TITLE. (Pant/type name) FIRM: PHONE. SIGNATURE• Proposal Number: 417964 February 6, 2024 Page 3 FEES Type of Test Unit Fleet Services Pavement Cost per test Total 1. Earthwork observation and testing a. Proctor tests, including classification EA 1 0 104.70 104.70 b. Compaction tests (3 tests per trip) Trips 1 0 $ 158.75 $ 158.75 2. Excavation observations a. bearing material observation. (Trip is based on 3 hours) Trips 1 0 $ 158.75 $ 158.75 3. Reinforcing steel / embedded anchor observations a. Rebar observation (Trip is based on 3 hours) Trips p 3 0 $ 158.75 $ 476.25 b. Post -installed expansion anchors (Trip is based on 3 hours) Trips p 0 0 $ 158.75 $ c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 0 0 $ 166.65 $ In Proposal Number: 417964 February 6, 2024 Page 4 4. Concrete Testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp, 5 cylinders, compressive strength tests at standard intervals.) Tests 3 0 $ 211.65 $ 634.95 b. Cylinder transportation per ACI requirements Hourly 6 0 $ 52.90 $ 317.40 c. Structural Masonry inspections Hourly 8 0 $ 52.90 $ 423.20 d. Masonry inspections EA 0 0 52.90 $ e. Grout tests EA 4 0 $ 27.55 $ 110.20 g. Mortar tests (Set of 3) EA 0 0 $ 99.20 $ h. Prisms EA 3 0 $ 104.70 $ 314.10 S. Pre -Engineered Metal Building a. Welded and bolted connections Hourly 0 0 $ 82.65 $ b. Steel inspector, Nondestructive testing Test 0 0 $ 82.65 $ Proposal Number: 417964 February 6, 2024 Page 5 6. Hot mix asphalt a. Hot mix asphalt inspections Hourly 0 0 $ 52.90 $ c. Gradation Test 0 0 $ 71.65 $ - 7. Reports and engineering a. Reports and engineering with Compliance Summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 8 0 $ 60.60 $ 484.80 Grand Total $ 3,183.10 Contract may be renewed for up to three additional years. Please provide the annual escalation percentage for subsequent years. Annual escalation: 5 % Per Year Page 1 of 2 0 D AW CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 10/03/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Towers Watson Northeast, Inc. CONTACTW Certificate Center NAME.FAX 1-877-945-7378 1:,,,,,,, 1-888-467-2378 A AIL certifinstalls@wtwco com INSURE_ S AFFORDING COVERAGE NAIC# c/o 26 Century Blvd'°N(IEl9.1IXU P.O. Box 305191 Nashville, TN 372305191 USA INSURER, OBE Insurance Corporation 39217 INSURED Professional Service Industries, Inc. 1070 W. 124th Avenue Suite B00 INSURERS: Safety National Casualty Corporation INSURER C: ... - 15105 Westminster, CO 80234 INSURER D: INSURER E . INSURER F COVERAGES CERTIFICATE NUMBER: 135511532 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH tNSRAODLTSUBR�POLFCYEFF CTR I TYPE OF INSURANCE OF INSURANCE LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY PERTAIN, THE INSURANCE AFFORDED BY POLICIES. LIMITS SHOWN MAY HAVE BEEN r INsO WYD POLICY NUMBER ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, REDUCED BY PAID CLAIMS. � POL�CYEXP 4MMlDD1YYYY) (MMIDOlYYYYI " LIMITS I X'; COMMERCIAL GENERAL LIABILITY l 1 - , t.... -__J CLAIMS -MADE X OCCUR A 1 GENt AGGREGATE _ E LIMIT APPLIES PER: PRO- POLICY! � JECT t i LOC X� HER: OT j ' I CGA1407408 1020300CURREN60 ! S 1,000,000 16A�jA0Ei(SRENTEB I 100, 000 I PREMISES jEe =cuffs, I $ ..-..._, - ! MED EXP (Any one person) l $ 25,000 10/01/2024110/01/2025 1,000,000 ,_ PERSONAL 8 A, INJURY 5 GENERAL AGGREGATE $ 1 000, 000 � PRODUCTS - COMP/OP AGG $ 1, .../ 0.0 $ AUTOMOBILE LIABILITY X1 X AUTOS ONLYAUTOSULED I HIRED NON -OWNED X j AUTOS ONLY AUTOS ONLY s 1 CA 6676812 i COMBINED SINGLE UMR $ 1,000,000 BODILY INJURY (Per person) $ 10/Ol/202d t✓fF-aacC,den)�._ 10/01/2025 BODILY INJURY (Per accident), $ 1 PROPERTY '— l_APer accident)_ _ $ UMBRELLA LIAR 1 1 OCCUR EXCESS LIAR 1 CLAIMS -MADE 1 DED I I RETENTION $ � � , i EACH OCCURRENCE AGGREGATE l$ f i WrEZis. COMPENSATION iANDEMPLOYERS'LIABILITY Y/N B(ANYPROPRIETOR/PARTNERlEXECUTIVE IOFFICER/MEMBEREXCLUDEDI No (Mandatory In NH) If es, describe under DESCRIPTION OF OPERATIONS bolo w t ? " NIA, LOS0068982 (ADS) ( 10/01/2024 1 X 1 PER I I OTH STATUTE __ . ER EL EACH ACCIDENT $ 1 000 000 _ - $ 10/01/2025--- -"- —- "`-- -'- : E.L DISEASE - EA EMPLOYEE, $ , 00 1 EL DISEASE - POLICY LIMIT $ 1,000,0 00 B Workers Compensation 6 ;Employers Liability Per Statute PS 4068980 (WI) 10/01/2024 10/01/2025;EL Each Accident $1,000,000 1EL Disease - EA Empl. $1,000,000 IEL Disease - Po l Lmt.I$1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) See next page for additional information: CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. WeldCounty Attention: Jeremy Duran AUTHORI2EDREPRESENTATIVE 1105 H street 14 Greeley, CO 80631 ACORD 25 (2016/03) CO 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and Ingo are registered marks of ACORD sa ro: 26541453 sarcx: 3646789 AGENCY CUSTOMER ID: LOC #: AC RD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis Towers Watson Northeast, Inc. Professional service Industries, 1070 W. 124th Avenue Suite 800 Inc. POLICY NUMBER Westminster, CO 80234 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Named Insured Includes: Testing Holdings USA Inc. Professional Service Industries, Inc. dba Intertek-PSI aka PSI Professional Service Industries Holdings, Inc. Professional Service Industries Engineerings, PLLC Pittsburgh Testing Laboratory, Inc. PSI Acquisitions, Inc. Midwest Engineering Services, Inc. Wilson Inspection X -Ray Services, Inc. Contract Start Date: 10/7/2024 Contract Finish Date: TBD C/0:3 Requester Initials: CH RE: Galeton Backup Generator -Materials Testing. Weld County is included as Additional Insured (except as respects all coverage afforded by the Workers Compensation and Professional Liability policies) where required by written contract. The Additional Insureds are granted a Waiver o£ Subrogation where required by written contract, but only for liability arising out o£ the operations of the Named Insured as permitted by law. The General Liability coverage applies as primary and noncontributory where required by written contract. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved, The ACORD name and logo are registered marks of ACORD SR ID: 26541453 BATCH: 3646789 CERT: M5511532 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Organization(s): Any person or organization as required by written contract or agreement that is executed prior to the loss. CHANGE The person(s) or organization(s) shown in the Schedule above with whom you have agreed in a written contract to provide insurance such as is afforded under this Coverage Form, is included as an Additional Insured subject to the below: (1) Insurance for such Additional Insured(s) scheduled above shall be afforded only to the extent that such Additional Insured is liable for "bodily injury" or "property damage" arising out of your operations and resulting from the ownership, maintenance or use of covered "autos" by you while the covered "autos" are on premises owned or leased by the above scheduled Additional Insured(s). (2) The insurance afforded under this Coverage Form to such Additional Insured(s) applies only: (a) If the "accident" takes place subsequent to the execution and effective date of such written contract: and, (b) While such written contract is in force, or until the end of the policy period, which ever occurs fimt. (3) How Limits Apply to Additional Insured(s) The most we will pay on behalf of the Additional Insured(s) scheduled above is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or, (b) The Limits of Insurance provided by the Coverage Form. The amount we will pay on behalf of such Additional Insured(s) shall be a part of, and not in addition to, the Limits of Insurance shown in the Coverage Form Declarations and described in this section. Such amount will thus not increase the Limits of Insurance shown for the Coverage Form. (4) Exclusions (a) This endorsement does not apply to liability of the Additional Insured which arises out of the ownership of transportation operating rights granted to the Additional Insured by public authority. (b) This endorsement does not apply to the liability of the owner or anyone else from whom you hire or borrow a covered auto. SNCA 026 10 13 Safety National Casualty Corporation Page 1 of 2 (5) Obligations at the Additional Insured's Own Cost No Additional Insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent The Additional Insured(s) scheduled above shall be subject to all other conditions set forth in the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. CA 6676812 Endorsement No. Named Insured TESTING HOLDINGS USA, INC. Premium $ Included Insurance Company Safety National Casualty Corporation. Countersigned By Page 2 of 2 Safety National Casualty Corporation SNCA 026 10 13 POLICY NUMBER: CA 6616812 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 49 11 16 B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". C Insurance Services Office, Inc., 2016 Page 1 of 1 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: COMMERCIAL AUTOMOBILE COVERAGE PART SCHEDULE Name Of Person Or Organization: Any Person or Organization as required by written contract or agreement that is executed prior to the loss. Infonnation required to complete this Schedule, if not shown above, will be shown in the Declarations. CHANGE 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 "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". This waiver applies only to the person or organization shown in the Schedule above. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. cA 6676612 Endorsement No. Named Insured TESTING HOLDINGS USA, INC. Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By SNCA 027 10 13 Safety National Casualty Corporation Page 1 of 1 POLICY NUMBER: CGA1407408 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where required by written contract or agreement. Any and all locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: CGA1407408 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Where required by written contract or agreement. Any and all locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 10 12 19 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: © Insurance Services Office, Inc., 2018 Page 1 of 2 1. All work, including materials, parts or 2. Available under the applicable limits of equipment furnished in connection with such insurance; work, on the project (other than service, maintenance or repairs) to be performed by or whichever is less. on behalf of the additional insured(s) at the This endorsement shall not increase the location of the covered operations has been applicable limits of insurance. completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 2010 1219 Policy Number: CGA1407408 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2018 Page 1 of 1 QBE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - WAIVER OF SUBROGATION Name of Insured: Testing Holdings USA Inc. Policy Number: CGA1407408 Endorsement Number: GL-OC-2060 (08-20) Effective Date of Endorsement: 10/01/2024 Name of Insurer: QBE Insurance Corporation This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (OCCURRENCE VERSION) SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following to the end thereof: This condition does not apply to any person or organization to which you waived this condition by written contract or agreement, subject to the following additional provisions: The written contract or agreement containing such waiver must: 1. Be in effect during the policy period shown in the Declarations, and 2. Have been executed prior to the "bodily injury" or "property damage". All other terms and conditions of this Policy remain unchanged. GL-OC-2060 (08-20) © 08E, 2020 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any Person or Organization as required by written contract or agreement that is executed prior to the loss. THIS FORM APPLIES ONLY TO THE FOLLOWING STATE(S) OP COVERED BY YOUR POLICY. YE A STATE IS NOT LISTED BELOW, THIS FORM DOES NOT APPLY IN THAT STATE. WI This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. PS 4068980 Endorsement No. Insured TESTING HOLDINGS USA INC. Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By WC 00 0313 (04 84) Page 1 of 1 O1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any Person or Organization as required by written contract or agreement that executed prior to Lhe loss. THIS FORM APPLIES ONLY TI) THE FOLLOWING STATE(S) IF COVERED BY YOUR POLICY. IF A STATE IS NOT LISTED BELOW, THIS FORM DOES NOT APPLY IN THAT STATE. AL, AK, AS, AR, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, LA, ME, MD, MA, M1, MN, MS, MO, MT, NE, NV, NM, NY, NC, OR, OR, PA, RI, SC, SD, TN, VT, VA, WV This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2024 Policy No. LDS4068982 Endorsement No. Insured TESTING HOLDINGS USA INC. Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By WC 00 03 13 (04 84) Page 1 of 1 O 1983 National Council on Compensation Insurance. Contract Form Entity Information Entity Name * Entity ID PROFESSIONAL SERVICE @00030286 INDUSTRIES INC Contract Name* GALETON GRADER SHED MATERIALS TESTING Contract Status CTB REVIEW Q New Entity? Contract ID 8771 Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* PROVIDE MATERIALS TESTING SERVICES FOR THE GALETON GRADER SHED GENERATOR INSTALLATION Contract Description 2 Contract Type" CONTRACT Amount* $3,183.10 Renewable* NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 10/12/2024 GROUNDS 10/16/2024 Department Email CM- BuildingGrounds@weld.go Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 12/02/2024 Committed Delivery Date Renewal Date Expiration Date* 12/02/2024 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 PATRICK O'NEILL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/10/2024 10/10/2024 10/10/2024 Final Approval BOCC Approved Tyler Ref # AG 101624 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 10/16/2024 Hello