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Home My WebLink About20232954.tiffCon ac+ ID4 Ac2.0 August 9, 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: Snow Removal — Downtown Parking Lots and sidewalks (2023-2954) In 2023, Landscapers of America LLC was awarded the snow removal contract for the downtown parking lots. The bid permitted the option for an annual renewal for the period of October 15, 2024, through May 1, 2025. The Facilities Department is recommending approval of this annual renewal. Sincerely, Curtis Naibauer Interim Director C onse.n-� ncletha- 8/ztv/z4 Rkycira 6a of Zy- ZU23 - 2954 8600Z5 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF FACILITIES AND LANDSCAPERS OF AMERICA, LLC. This Agreement Extension/Renewal ("Renewal"), made and entered into ?m day of 2024. by and between the Board of Weld County Commissioners, on behalf of the/Weld County Department of Facilities, hereinafter referred to as the "Department", and Landscapers of America, hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2023-2954, approved on October 4, 2023. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on May 1, 2024. • The parties agree to extend the Original Agreement for an additional one (1) year period, which will begin October 15, 2024, and will end on May1, 2025. • The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. Full removal is $3,171.25 and a partial removal is $2,956.25 as needed. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. C TRACTOR: ( $ A - 7,46-z ih 4'n Print S BO :' -D OF COUNTY COMMISSIONERS WELD COUNT ADO Kevin D. Ross, Chair AU6 2 6 2024 ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board Z0Z3- Zeta AC RO O® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/Y1'YY) 0/7/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. 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 p ipoic ies) must have ADDITIONAL INSURED provisions or bet endorsed. M SUBROGATION IS WAIVED, subject to the terms antl eontlltlons 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 Cake Insure 7501 E. Lowry Blvd Denver, CO 80230 INSURED Landscapers of America LLC 2280 1st Ave Lot 52 Greeley, Colorado 80631 CONrACi NAME: PHONE IAlG No Ertl' (ArL. Nal: INSURER INSURER C INSURER D INSURER E INSURER F I NAIC r 41190 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDWG ANV REQUIREMENT, CERTIFICATE MAY BE ISSUED OR N1AV EXCLUSIONS AND CONDITIONS OF SUCH INSR TypE OF INSUMNCE LTR OF INSURANCE PERTAIN, POLICIES. AUOL SIIaR INSO WVD LISTED BELOW HAVE BEEN ISSUED TO TERM OR CONDITION OF ANY CONTRACT THE INSURANCE AFFORDED BV THE POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY POLICY EFF POLICY NUMBER IIMWDD/YYYYI THE INSURED OR OTHER DESCRIBED PAID CLAIMS. POLICY E%P IMMA)O'YYYY) NAMED AROVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS COMMERCIAL GENERAL LIABILITY � GWMSMADE � �' OCCUR ' EACH OCCURRENCE DAMAGE TORE C PREMISES (Ea occunenrc) GE PLIES PER: 'L :GI- GGREGATE LIMIT A7:E_17. POLICY 1 7 JE'CI J LOC I OTHER: i ', � PERSONAL SADV INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AGG $ _ _ _ $ $ $ AUTOMOBILE LIASILfTY i ANV AUTO -1, OWNED -1 AUTOS ONLY �l AUTOS ONLY - SCHEDULED AUr05 _ AUTOS ONLY ' ' COMAB�I tlE0 SINGLE LIMn BODILY INJURY (Per personl BODILY INJURY IF r a¢itlenl) ,..._ OPERA AMAGE $ 5 - - --- ...... $ 5 : UMBRELLA LIAB �'I OCCUR JEXCESS LIAa CLAIMS MADE!, I DED RETENTIONS ', EACH OCCURRENCE AGGREGATE 5 5 :MI;SCOMPENSATION ANDEMPLDYEfl5'LUIBILITV y/N A 0rel.PRIETOW172EngECUTNE �. I PER 1 1OTH- LX I STATUTE ER ! E L EACH ACCIDENT $ 500000 OFFICE/MEMRERE%CLUDED? M (Mantlatory In NH) Ify describe under DESCRIPTION OF OPERATIONS below N/A 2504412 10/01,2023 I 10/0];2024 E.L. DISEASE - EA EMPLOYEE F ----- $ 500000 500000 I I � DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, AtlEiSoiMl Remerka SebeCule, mey tie ettacNeE R more space Is reauireE) Unless otherwise staled In the policy provisions, coverage in Colorado only. Excluded from coverage: CRISTINA MENDEZ, SNOW REMOVAL CERTIFICATE HOLDER CANCELLATION Weld County Government 1105 H Street 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 Cake Insure ACORD 25 (2018/03) ® 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER COPY Weld County Government 1105 H Street GREELEY, CO 80631 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend, or alter the coverage afforded by the policies listed thereon. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT(CONT) 2504412 AC RO O® CERTIFICATE OF LIABILITY INSURANCE 8/8/2024 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 ertif PRODUCER Madison Insurance Group 7600E Eastman Ave Ste 500 CO 80231 CONTACT Ka[oIc Pete[s NAME. rat Et (303) 322-0800 I(a , No), (303) 322-0874 Wass: kpeters®madisoninsurance.net INSURER(S) AFFORDING COVERAGE NAIL 30104 INSURER A: HARTFORD UNDERWRITERS INS CO INSURED Landscapers OfAm, 2280 1st Ave Lo152 ()reeler COVERAGES CO 80631 INSURER B INSURER C INSURER D'. INSURER E INSURER F 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 ANY EQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAV HAVE BEEN REDUCED BY PAID LAIMS. INSR LTR X TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR AWLSUHR INSD VWO POLICY NUMBER 34SBMAH9DA3 POII,YEFF (MMIDO/VYYY) 10/062023 POLICYEXP (MMIOOIYYYV) 10/06/2024 LIMITS EACH OCCURRENCE 1,000,000 PREMISE(Eo=,,ce) MED EXP (Anyone person) 5 1,000,000 s 10,000 PERSONAL& ADV INJURY GENERAL AGGREGATE $ 1,000,000 2,000,000 GEN, AGGREGATE LIMIT APPLIES PER: �POLICV ❑PRO ❑ CT LOC OTHER PRODUCTS - COMP/OP AGG 2,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS -NON-OWNED AUTOS ONLY NOI InsUled Willt Mad ISOn CUMBINEU SINIaLE LIMIT (Ea accitlen0 BODILY INJURY (Per person) $ BODILY INJURY (Per accitlenl) PRUPER IYUAMAGE (Per accitlent) $ x UMBRELLA LIAR YOCCUR EXCES9 LIAB I�'�III CLAIMS -MADE DED I SIRETENTIONS 10,000 34SRMAl19DA3 10/062023 10/06/2024 EACH OCCURRENCE 2,000,000 AGGREGATE 2,000,000 WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY Y I N ANv PROPRIETORIPARTNERIEXECUTIVE OFFICE WM,, EXCLUDED? (Mandatory in NH) r rea descrine under DESCRIPTION OF OPERATIONS below N/A Not insured with Madison ISTATUTE I IERH E.L. EACH ACCIDENT E. L. DISEASE - EA EMPLOYEE E . DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be atlachetl if more space is required) The Ccniticate f [older is listed as an Additional insured CERTIFICATE HOLDER CANCELLATION Department 1105 If Styeel P.O. Box 758 Greeley CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Kara, Pth, ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACOR0 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDKYYY) 08/15/2024 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 AMN, 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 1: endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the olicy, certain policies may require an endorsement. A statement on PRODUCER StateFarm INSURED 2305 W 27th Street Suite 508A LANDSCAPERS OF AMERICA LLC 2280 1ST AVE LOT 52 GREELEY CO 806348019 CO 806317230 conrncr Jesse Herrera PHDNE 970-373-3233 (AIL, No, Et). EMAIL esse.henera uarez.vaeab statefarm.com INSURER(S)AFFORDING COVERAGE NAICN INSURER A: Slate Farm Flre and Casualty Company 25143 NSURER 8: FAx TAIL, Nal: NSURER INSURER D : INSURER E INSURER F: CERTIFICATE HOLDER CANCELLATION COMBINED SINGLE LIMIT 07/19/2024 01119/2025 -_(Ea a°e=aeml.__ _ .. S eoDILV INJURY (Per person? 81,000,000 BO0ILVINJURY(PeraEEEIE5l) $1,000,()00 PROPERTY DAMAGE 1,000,000 (Per accieent) WELD COUNTY FACILITIES 1105 HST P.O. BOX 758 GREELEY CO 80632 SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORr � 7CE WITH THE POLICY PROVISIONS. AU N IVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 100,186 2005 155222 205 0,0-2033 Entity Information Entity Name LANDSCAPERS OF AMERICA LLC @00046574 Entity ID* New Entity? Contract Name Contract ID Parent Contract ID SNOW REMOVAL FOR DOWNTOWN PARKING LOTS. 8620 Contract Status CTB REVIEW Contract Lead CNAIBAUER Contract Lead Email cnaibauer@weld.gov Requires Board Approval YES Department Project # Contract Description* SNOW REMOVAL AT DOWNTOWN PARKING LOTS. FULL REMOVAL $3,171.25 - PARTIAL REMOVAL $2,956.25. TYLER #2023-2954. Contract Description 2 Contract Type" Department Requested BOCC Agenda Due Date RENEWAL BUILDINGS AND Date* 08/15/2024 GROUNDS 08,19/2024 Amount* $3,171.25 Renewable YES Automatic Renewal Grant IGA Department Email CM- BuildingGrounds@weldgo v.com Does Contract require Purchasing Dept. to be included? Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com Willa work session with BOCC be required?* NO 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 Termination Notice Period Contact Information Contact Info Review Date* 08/01/2025 Renewal Date* 10/15/2025 Committed Delivery Date Expiration Date Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head CURTIS NAIBAUER DH Approved Date 08/16/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08/26/2024 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 08/19/2024 08/21/2024 Tyler Ref AG 082624 Originator CNAIBAUER Gonriva d-1 of 1'43'4 September 25, 2023 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: Toby Taylor Subject: Downtown Parking Lots Snow Removal - 82300181 As advertised this bid is for the Downtown parking lots snow removal. The low bid is from Landscapers of America, LLC and meets specifications. Therefore, the Facilities Department is recommending the award to Landscapers of America LLC in the amount of $2,950.00 for Full removal & $2,750.00 for Partial removal. If you have any questions, please contact meat extension 2023. Sincerely, Toby Taylor Director conym+ dtd1CL \o/LVa3 GG : 5G©rN rite, tologfa3 2023-2954 SERVICE AGREEMENT BETWEEN WELD COUNTY AND LANDSCAPERS OF AMERICA LLC DOWNTOWN PARKING LOTS SNOW REMOVAL THIS AGREEMENT is made and entered into this(14day of OCj+ e.r , 202. by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and Landscapers of America LLC, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2300181. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement, and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $2,950.00 for Full Removal & $2,750.00 for Partial Removal as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 2 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. 3 a. Types of Insurance. Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. b. 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. c. 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. 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. 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 4 in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 13. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 14. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or 5 Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Cristina Mendez Nava Position: Address: 2280 1ST Ave. Lot 52 Address: Greeley, CO. 80631 E-mail: landscapersofamerica@gmail.com Phone: 970-673-8202 TO COUNTY: Name: Toby Taylor Position: Facilities Director Address: 1105 H Street Address: Greeley, CO. 80632 E-mail: ttaylor(aweldgov.com Phone: 970-400-2021 17. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 21. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 22. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, 6 without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. 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 29. 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. 7 CONTRACTOR: Landsca ►, f America LLC By: N Title: - Date of Signature WELD COUN Y: ATTEST: &4/14.;4AWeld County erk tot e Board BY Depu y Clerk to the Board 8 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair OCT 0 4 2323 .2002-3- c.2--91/-- Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1301 N. 17TH AVENUE GREELEY, CO 80631 DATE: September 5, 2023 BID NUMBER: B2300181 DESCRIPTION: DOWNTOWN PARKING LOTS SNOW REMOVAL DEPARTMENT: FACILITIES MANDATORY PRE -BID CONFERENCE DATE: SEPTEMBER 11, 2023 BID OPENING DATE: SEPTEMBER 20, 2023 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: DOWNTOWN PARKING LOTS SNOW REMOVAL A mandatory pre -bid conference will be held on September 11, 2023 at 9:00 AM at the Centennial Center located at 915 10th Street, Greeley, CO 80631. Meet at the southeast corner of 10th Street & 9th Avenue. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: September 20, 2023 at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on September 20, 2023 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: 274 879 999# PAGES 1 - 7 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 7 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 7. 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 the 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. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Deliyery to Weld County: A. Emailed bids are required. PREFERRED: email bids to bids a@,wetdgov.com; however, 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. 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 has been 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 on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 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 understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. 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 the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 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 acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. BID REQUEST #B2300181 Page 2 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 necessary, 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 not 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 nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied. to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. 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 under the contract shall be an incidental beneficiary only. 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. BID REQUEST #B2300181 Page 3 1. 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 additions' 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. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. 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 #82300181 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 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. V. 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 County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. BID REQUEST #B2300181 Page 5 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 General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering a!l operations, goods or services provided pursuant to this request. Successful bidders 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 Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder 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 Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder 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 successful bidder 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 successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage. liability, suits, actions, 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 successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder 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 successful bidder 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 successful bidder 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 successful bidder 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 BID REQUEST #B2300181 Page 6 successful bidder 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 successful bidder 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 successful bidder'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 successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be 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 Automobile Liability: Successful bidder 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. Successful bidders 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 Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder 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, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors. sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, 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 #82300181 Page 7 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: DOWNTOWN PARKING LOTS SNOW REMOVAL This bid is for the snow removal from parking lots and the clearing of associated sidewalks. This bid is for the Weld County Parking Lots located in downtown Greeley. FULL REMOVAL SPECIFICATIONS 1. Snow shall be removed from parking lots and all adjacent/campus sidewalks each weekday (Monday through Friday) 2. Snow must be removed before 7:00 AM hours each weekday of snowfall more than one inch in depth. 3. Snow is to be piled on the property at locations that do not interfere with traffic flow. 4. With each full removal, ice melt shall be spread on all sidewalk areas. S. Provide price below for FULL REMOVAL PARTIAL REMOVAL SPECIFICATIONS 1. If snow continues through the day, Contractor is expected to return to site and remove snow greater than one inch in depth. 2. Contractor will coordinate arrival and departures with Building & Grounds representative. 3. Contractor will not perform partial removals past 5:00 PM each weekday. 4. Contractor shall remove snow from all campus sidewalks. 5. Contractor shall plow drive paths in parking lot. 6. Removal of snow between parked cars is not required. 7. Snow is to be piled on the property at locations that do not interfere with traffic flow. 8. With each partial removal, ice melt shall be spread on all sidewalk areas. 9. Provide price below for PARTIAL REMOVAL LOCATIONS 1. The locations for snow removal will be ALL the following (See Attachment): a. Employee and Jury Parking Lot 1 and 2, and sidewalks located in block of 820 10th Street, Greeley. b. Building located at 1008 9th St Parking Lot and sidewalks. c. West Annex 901 10th Ave Parking Lot and sidewalks. d. 35th Ave Tower Gravel Area 2. The quoted price for FULL REMOVAL and PARTIAL REMOVAL will be for completing all of these at the same time. OTHER 1. This is a large project. Specify the type of equipment and quantities that will be used for your operation to fulfill this scope of work. 2. Weld is posting several snow removal bids and reserves the right to award to different vendors so one vendor is not providing all snow removal services. 3. Bid will be for a one-year period with an optional renewal period up to three years (evaluated annually). The initial contract dates are from October 15, 2023, through May 1, 2024. 4. In addition, provide escalation percentage based on each subsequent year. BID REQUEST #B2300181 Page 8 PRICING Provide pricing in spaces below for full removal and partial removal. In addition, provide the annual escalation rate for each subsequent year. FULL REMOVAL PARTIAL REMOVAL ANNUAL ESCALATION % BID REQUEST #B2300181 Page 9 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 11:00 AM on September 20, 2023: on or before the bid opening 1) Pages 8 thru 11 of the Bid Specifications and/or Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2300181 Page 10 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 for Request No. #B2300181. 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 BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE 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 - 7. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE Elected Official or Department Head Controller GS0323 BID REQUEST #82300181 Page 11 ATTACHMENT A Employee and Jury Parking Lot 1 and 2 Downtown Parking Lot — Snow Removal B2300181 - Q&A 1. Is the former Veterans Office location part of this scope? Answer: Yes. Please see bid spec stating Locations on page 8. The former Veterans Office is identified as item 1.b. in the spec: b. Building located at 1008 9th St. Parking Lot and sidewalks. 2. Question: In front of the West Annex, are both sidewalks to be cleared? Answer: Yes. Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING. DOWNTOWN PARKING LOTS SNOW REMOVAL This bid is for the snow removal from parking lots and the clearing of associated sidewalks This bid is for the Weld County Parking Lots located in downtown Greeley FULL REMOVAL SPECIFICATIONS 1 Snow shall be removed from parking lots and all adjacent/campus sidewalks each weekday (Monday through Friday) 2 Snow must be removed before 7 00 AM hours each weekday of snowfall more than one inch in depth 3 Snow is to be piled on the property at locations that do not interfere with traffic flow 4 With each full removal, ice melt shall be spread on all sidewalk areas 5 Provide price below for FULL REMOVAL PARTIAL REMOVAL SPECIFICATIONS 1 If snow continues through the day, Contractor is expected to return to site and remove snow greater than one inch in depth 2 Contractor will coordinate arrival and departures with Building & Grounds representative 3 Contractor will not perform partial removals past 5 00 PM each weekday 4 Contractor shall remove snow from all campus sidewalks. 5 Contractor shall plow drive paths in parking lot 5 Removal of snow between parked cars Is not required 7 Snow is to be piled on the property at locations that do not interfere with traffic flow 8 With each partial removal, ice melt shall be spread on all sidewalk areas 9 Provide price below for PARTIAL REMOVAL LOCATIONS 1 The locations for snow removal will be ALL the following (See Attachment) a , 09X9 a, dJur gift 'E t42,4an ts,42vy 114lo atecSrmbfockioft8204. Stf,eef;Greel.02 b F B.0dmgV'(ocate ",a1 IQ08zgtlfafkmg'Lo# andositlewalks 'f/ c OfiP4nnex 90110 `/ �ie�Qarlung Co`t'a itsictewali 51 2 The quoted price for FULL REMOVAL and PARTIAL REMOVAL will be for completing all of these at the same time OTHER 1 This is a large project Specify the type of equipment and quantities that will be used for your operation to fulfill this scope of work 2 Weld is posting several snow removal bids and reserves the right to award to different vendors so one vendor is not providing all snow removal services 3 Bid will be for a one-year period with an optional renewal period up to three years (evaluated annually) The initial contract dates are from October 15, 2023, through May 1, 2024 4 in addition, provide escalation percentage based on each subsequent year BID REQUEST#B23001ff Page 8 PRICING Provide pricing in spaces below for full removal and partial removal In addition, provide the annual escalation rate for each subsequent year FULL REMOVAL PARTIAL REMOVAL ANNUAL ESCALATION BID REQUEST A-323yS1811 Page 9 - BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on -Or beforelhe'bid opening iieadlirie_'of 11 t AM`on September:�20,'2023: 1) Pages 8 thru 11 of the Bid Specifications and/or Scope of Work 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications and/or Scope of Work *A current W9 is required for new bidders If you have previously worked with Weld County, only provide your W9 if there has been a change Faur""e"to,,igglude any,ofFth®.aboy`e nuns u or%submittaliofyo bid{may result it �you_re�bici:being tee-+Fror f �anic^' 7^ c:PT" =2`t ea*a. y '" 'r'�t�s r. ^<*.c� "' �_"' r'^�!ckz�.. ✓e.. ->+a' �F""-ss inc01�1pie'te;and yo rtbid being j cted If ihere�are ai�y,1exclusio_r ,opag iinge'neies s_ubmittedF vita your�Eiid � �iay'�,�di�ua (1 eii BID REQUEST #B23Q01:81i Page 10 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 for Request No #B2300181. 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 Js c'feei eEe4c JJ2 BUSINESS ,7 /.2EADDRESS c W� 1O/.5,,V CITY, STATE, ZIP CODEf7/ TELEPHONE NO( �IO FAX(4:' 739,P-o//3TAX ID # g/-/Wigg PRINTED NAME C �,id�yir ��E� /a9a/Alel/e/G;� SIGNATURE E-MAIL e5 g/3 oie-3m eO,1 DATE o4f5-djx3. WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO.NOT NEED TO.SEND-BACK PAGESA - 7. ATTEST BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE Elected Official or Department Head Controller GS0323 BID REQUEST #82304181 Page 11 CAKE 12/21/2022 Cake ma,kelsencervr[es and ser.ece s io; Pintiar_ol ssurance. Policy # 2504412 Policy Name Landscapers of America LLC NCCI # WC000313 Insurer Cake Insure 7501 E. Lowry Blvd Denver, CO 80230 833.230.CAKE (2253) cakeinsure.com Endorsement: Waiver Of Subrogation 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 Weld County Government 1105 H Street GREELEY, CO 80631 Effective Date: 12/21/2022 Pinnacol Assurance has issued this endorsement on 12/21/2022 1 of 3 COISB 7501 E. Lowry Blvd, Denver, CO 80230 support@cakeinsure.com 833.230.CAKE (2253) ACORI�' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYYj 12/21 /2022 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. h 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 Cake Insure 7501 E. Lowry Blvd Denver, CO 80230 CONTACT NAME: PA No_ Eatl: rec. Not: E-MAIL support@cakeinsure.com Mg.; INSURER(S) AFFORDING COVERAGE NAIL I INSURER A: Pinnacol Assurance 41190 INSURED Landscapers of America LLC 2626 W 1st St Lot 263 Greeley, Colorado 80631 INSURER B INSURER C : INSURER D: INSURER E : 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 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN. LTR TYPE OF INSURANCE AWL SUER INSD WVD POIJCYNUMBER POLK:Y EFF IMMIDD/YYYY1 POLICY EXP RriMIODfYYYYI LIMITS COMMERCIAL GENERAL LIABILRY ICLAIMS-MADEEi OCCUR EACH OCCURRENCE $ PRREM SES %% name) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEM. AGGREGATE LIMIT APPLIES PER: POLICY El Sri Li LOC OTHER: PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE UAINUTY ANY AUTO OWNED _ AUTOS ONLY HIRED AUTOS ONLY - SCHEDULED AUTOS NON-0WNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accidenq $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA uae L.A.XCESS LB OCCUR -� CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DEO I I RETENTIONS A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOOPARTNERIEXECUYOE Y/N OFFICERIMEMBEREXCLUDED? aY (Mandatory k, NH) If yyes, describe under DESCRO'TION 'OPERATIONS below N/A Y 2504412 10/07/2022 10/07/2023 X I STATUTE I I (( ER E.LEACHACCIDENT $ 500000 E.L. DISEASE - EA EMPLOYEE $ 500000 E.L. DISEASE - POLICY LIMIT $ 500000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more space Is required) Unless otherwise stated in the policy provisions, coverage in Colorado only. Excluded from coverage: CRISTINA MENDEZ; SNOW REMOVAL CANCELLATION Weld County Government SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1105 H Street GREELEY, CO 80631 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cake Insure I ACORD 26 (2018/03) ®1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER COPY Weld County Government 1105 H Street GREELEY, CO 80631 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend, or alter the coverage afforded by the policies listed thereon. THE HARTFORD THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 Weld County Government 1105 H Street Greeley CO 80631 Account Information: Policy Holder Details : I Landscapers of America, LLC December 21, 2022 0, Contact Us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team W LTR005 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 12/21/2022 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 be endorsed. If SUBROGATIONIS 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 MADISON INSURANCE GROUP LLC 34340708 7600E EASTMAN AVE STE 500 DENVER CO 80231 CONTACT NAME: PHONE (303)322-0800 IFAX (A/C, No, E.): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL. INSURER A: Hartford Underwriters Insurance Company 30104 INSURED LANDSCAPERS OF AMERICA, LLC 2280 1ST AVE LOT 52 GREELEY CO 80631 INSURER B : INSURER C : INSURER D : INSURER E : 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 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD pouCY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 ICLAIMS-MADEOCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 x General Liability MED EXP (Any one person) $10,000 A X 34 SBM AH9DA3 10/06/2022 10/06/2023 PERSONAL 8 ADV INJURY $1,000,000 GEM_ AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY E PRO ❑ LOC JECT PRODUCTS - COMP/OP AGG $2,000,000 - OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) _ HIRED AUTOS _ NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS - MADE 34 SBM AH9DA3 10/06/2022 10/06/2023 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 DEDI I RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER OTH- STATUTE ER ANY YM E.L. EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? C N/ A E.L. DISEASE -EA EMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT Employment Practices Liability Each Claim Limit $25,000 A Insurance 34 SBM AH9DA3 10/06/2022 10/06/2023 Annual A re ate Limit 99 9 $25,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage Form SL0000, attached to this policy. CERTIFICATE HOLDER CANCELLATION Weld County Government SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 1105 H Street BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Greeley CO 80631 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _I'� 5 c�> ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MENDEZCR01 FAUAD1 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/23/2022 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 LSI Insurance Agency, Inc 401 Pointe Plaza Dr Unite Windsor, CO 80550 CONTAMCT Adriana Carrillo NA PHONE FAX (A/c, No, Ext): (970) 674-1151 (ac, No):(970) 674-0501 MESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : Progressive INSURED Mendez Nava, Cristina/Landscapers of America LLC 2280 1st Avenue Lot #52 Greeley, CO 80631 INSURER B : INSURER C: INSURER D : INSURER E : 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 ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD,- UV INSD WVD POLICY NUMBER POLICY EFF fMM/DD/YYYYI POLICY EXP (MMIDD/YYYY1 LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JE LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ A AUTOMOBILE LIABILITY ANY AUTO AUTOSDONLY HIRED AUTOS ONLY X AUTOSULED NON-OWND AUTOS ONLY 962787455 10/29/2022 10/29/2023 COMBINEDant) SINGL0 LIMIT (Ea ccide $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTIONS $ ORKERS COMPENSATION WINO! AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) urging describe 'COOPERATIONS OF OPERATIONS below N / A I _ I STATUTE_ I I EORH - E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Weld County tY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1105HSt Greeley, CO 80631 AUTHORIZED fRrEPRESENTATIVE ��-''u�-tkl le ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract F Entity Information Entity Name* Entity ID* LANDSCAPERS OF AMERICA LLC @00046574 Contract Name * DOWNTOWN PARKING LOTS SNOW REMOVAL Contract Status CTB REVIEW New Entity? Contract ID 7434 Contract Lead SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;Iredfern@weldgov.com Contract Description * REMOVAL OF SNOW FROM DOWNTOWN PARKING LOTS/ 7.5% ANNUAL ESCALATION FULL REMOVAL -$2,950.00 PARTIAL REMOVAL -$2,750.00 Contract Description 2 Contract Type * CONTRACT Amount* $2,950.00 Renewable" YES Automatic Renewal Grant IGA Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 09/30/2023 GROUNDS 10/04/2023 Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2300181 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 * 09/02/2024 Renewal Date* 10/01/2024 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 09/28/2023 Approval Process Department Head Finance Approver Legal Counsel TOBY TAYLOR CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/28/2023 09/28/2023 09/28/2023 Final Approval BOCC Approved Tyler Ref # AG 100423 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 10/04/2023 Hello