HomeMy WebLinkAbout20241274.tiffe ot- a ek- U 4 31Z-1
May 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: Chris Coulter
Subject: Centennial Center Sidewalk Garage Entrance Replacement Project
Through a informal bid process for the replacement of the Sidewalk Garage Entrance TCC Corporation
was the low bide and meets specifications.
Therefore, the Facilities Department is recommending the award to TCC Corporation in the amount of
$19,479.00.
If you have any questions, please contact me at extension 2023.
Sincerely,
Chris Coulter
Facilities Director
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2024-1274
Bei 002(0
AGREEMENT FOR CONSTRUCTION SERVICES
BETWEEN WELD COUNTY & TCC CORPORATION
CENTENNIAL CENTER SIDEWALK GARAGE ENTRANCE REPLACEMENT
PROJECT
THIS AGREEMENT is made and entered into this jay of May , 2024, by
and between the Board of Weld County Commissioners, on behalf of the Facilities Department,
hereinafter referred to as "County," and TCC Corporation, hereinafter referred to as "Contractor".
WHEREAS, County desires to retain Contractor to perform construction services as
required by County and set forth in the attached Exhibits; and
WHEREAS, Contractor is willing to perform and has the specific ability, qualifications,
and time to perform the required construction services to provide the services according to the
terms of this Agreement; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the equipment, materials and services
as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this
document and in the Exhibits, each of which forms an integral part of this Agreement and are
incorporated herein. The parties each acknowledge and agree that this Agreement, including the
attached Exhibits, define the performance obligations of Contractor and Contractor's willingness
and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement
and any Exhibit or other attached document, the terms of this Agreement shall control, and the
remaining order of precedence shall based upon order of attachment.
Exhibit A consists of Contractor's Response to County's Request for Bid.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Work and agrees to diligently provide all services, labor, personnel and materials
necessary to perform and complete the Work described in the attached Exhibits. Contractor shall
faithfully perform the Work in accordance with the standards of professional care, skill, training,
diligence and judgment provided by highly competent Contractors performing construction
services of a similar nature to those described in this Agreement. Contractor shall further be
responsible for the timely completion and acknowledges that a failure to comply with the standards
and requirements of Work within the time limits prescribed by County may result in County's
decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the mutual execution of this
Agreement and shall continue through and until Contractor's completion of the responsibilities
described in the attached Exhibits. Both of the parties to this Agreement understand and agree that
aQp24-/0271.
the laws of the State of Colorado prohibit County from entering into Agreements which bind
County for periods longer than one year. This Agreement may be extended upon mutual written
agreement of the Parties. In its sole discretion, the County, by the Director of the Facilities
Department or his or her designee, may extend the time for the Contractor to complete the service
or work, by not more than thirty (30) days. Such extension shall not increase the compensation to
be paid to the Contractor nor change any other term herein.
4. Termination; Breach; Cure. County may terminate this Agreement for its own
convenience upon thirty (30) days written notice to Contractor. Either Party may immediately
terminate this Agreement upon material breach of the other party, however the breaching party
shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination,
County shall take possession of all materials, equipment, tools and facilities owned by County
which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver
to County all drawings, drafts, or other documents it has completed or partially completed under
this Agreement, together with all other items, materials and documents which have been paid for
by County, and these items, materials and documents shall be the property of County. Copies of
work product that is incomplete at the time of termination shall be marked "DRAFT -
INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated
for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices
which it has submitted and which have been approved by the County; (2) the reasonable value to
County of the services which Contractor provided prior to the date of the termination notice, but
which had not yet been approved for payment; and (3) the cost of any work which the County
approves in writing which it determines is needed to accomplish an orderly termination of the
work. County shall be entitled to the use of all material generated pursuant to this Agreement upon
termination. Upon termination of this Agreement by County, Contractor shall have no claim of
any kind whatsoever against the County by reason of such termination or by reason of any act
incidental thereto, except for compensation for work satisfactorily performed and/or materials
described herein properly delivered.
5. Extension or Modification. Any amendments or modifications to this agreement shall be
in writing signed by both parties. No additional services or work performed by Contractor shall
be the basis for additional compensation unless and until Contractor has obtained written
authorization and acknowledgement by County for such additional services. Accordingly, no
claim that the County has been unjustly enriched by any additional services, whether or not there
is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable
hereunder. In the event that written authorization and acknowledgment by the County for such
additional services is not timely executed and issued in strict accordance with this Agreement,
Contractor's rights with respect to such additional services shall be deemed waived and such
failure shall result in non-payment for such additional services or work performed. In the event
the County shall require changes in the scope, character, or complexity of the work to be
performed, and said changes cause an increase or decrease in the time required or the costs to the
Contractor for performance, an equitable adjustment in fees and completion time shall be
negotiated between the parties and this Agreement shall be modified accordingly by Change Order.
Any claims by the Contractor for adjustment hereunder must be made in writing prior to
performance of any work covered in the anticipated Change Order. Any change in work made
without such prior Change Order shall be deemed covered in the compensation and time provisions
of this Agreement.
6. Compensation/Contract Amount. Upon Contractor's successful completion of the
Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $
19,479.00, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be
made by County unless a Change Order authorizing such additional payment has been specifically
approved by Weld County. If, at any time during the term or after termination or expiration of this
Agreement, County reasonably determines that any payment made by County to Contractor was
improper because the service for which payment was made did not perform as set forth in this
Agreement, then upon written notice of such determination and request for reimbursement from
County, Contractor shall forthwith return such payment(s) to County. Upon termination or
expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be
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. 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 this Work without County's prior written
consent, which may be withheld in County's sole discretion. County shall have the right in its
reasonable discretion to approve all personnel assigned to the Work during the performance of this
Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall
be assigned to the Work. Contractor shall require each subcontractor, as approved by County and
to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the
terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities
which Contractor, by this Agreement, assumes toward County. County 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. Ownership. All work and information obtained by Contractor under this Agreement or
individual work order shall become or remain (as applicable), the property of County. In addition,
all reports, data, plans, drawings, records and computer files generated by Contractor in relation
to this Agreement and all reports, test results and all other tangible materials obtained and/or
produced in connection with the performance of this Agreement, whether or not such materials are
in completed form, shall at all times be considered the property of the County. Contractor shall not
make use of such material for purposes other than in connection with this Agreement without prior
written approval of County.
10. Confidentiality. Confidential information of Contractor should be transmitted separately
from non -confidential information, clearly denoting in red on the relevant document at the top the
word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County
must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201,
et seq., with regard to public records, and cannot guarantee the confidentiality of all documents.
Contractor agrees to keep confidential all of County's confidential information. Contractor agrees
not to sell, assign, distribute, or disclose any such confidential information to any other person or
entity without seeking written permission from the County. Contractor agrees to advise its
employees, agents, and consultants, of the confidential and proprietary nature of this confidential
information and of the restrictions imposed by this Agreement.
11. Warranty. Contractor warrants that the Work performed under this Agreement will be
performed in a manner consistent with the professional construction standards governing such
services and the provisions of this Agreement. Contractor further represents and warrants that all
Work shall be performed by qualified personnel in a professional manner, consistent with industry
standards, and that all services will conform to applicable specifications. In addition to the
foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this
Agreement is subject to a warranty period during which Contractor must correct any failures or
deficiencies caused by Contractor's workmanship or performance. This warranty shall commence
on the date of County's final inspection and acceptance of the Project, and shall continue for one
year, or such greater time as specified in the attached Exhibits.
12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall
submit to County originals of all test results, reports, etc., generated during completion of this
work. Acceptance by County of reports, incidental material(s), and structures furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the construction of the project. In no event shall any action by County hereunder constitute or
be construed to be a waiver by County of any breach of this Agreement or default which may then
exist on the part of Contractor, and County's action or inaction when any such breach or default
shall exist shall not impair or prejudice any right or remedy available to County with respect to
such breach or default. No assent, expressed or implied, to any breach of any one or more
covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of
any other breach. Acceptance by the County of, or payment for, the Work completed under this
Agreement shall not be construed as a waiver of any of the County's rights under this Agreement
or under the law generally.
13. Insurance. Contractor must secure, before the commencement of the Work, the following
insurance covering all operations, goods, and services provided pursuant to this Agreement, and
shall keep the required insurance coverage in force at all times during the term of the Agreement,
or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer
shall waive subrogation rights against County.
Types of Insurance:
Workers' Compensation/Employer's Liability Insurance as required by state statute,
covering all the Contractor's employees acting within the course and scope of their
employment. The policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a Contractor or subcontractor is exempt under Colorado
Workers' Compensation Act., AND when such Contractor or subcontractor executes the
appropriate sole proprietor waiver form.
Commercial General Liability Insurance including public liability and property damage
covering all operations required by the Work. Such policy shall include minimum limits
as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000
products and completed operations aggregate; $1,000,000 Personal Advertising injury;
$50,000 any one fire; and $5,000 Medical payment per person. Medical operations
coverage shall be provided for a minimum period of one (1) year following final
acceptance.
Automobile Liability: 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.
For all general liability, excess/umbrella liability, and professional liability policies, if the
policy is a claims -made policy, the retroactive date must be on or before the contract date
or the first date when any goods or services were provided to County, whichever is earlier.
b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a
policy, or other proof of insurance as determined in County's sole discretion. Contractor
shall provide a certificate of insurance naming Weld County, Colorado, its elected officials,
and its employees as an additional named insured.
c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing
services under this Agreement have or will have the above described insurance prior to the
commencement of the Work, or otherwise that they are covered by the Contractor's
policies to the minimum limits as required herein. Contractor agrees to provide proof of
insurance for all such subcontractors upon request by the County.
d. No limitation of Liability: The insurance coverages specified in this Agreement are the
minimum requirements, and these requirements do not decrease or limit the liability of
Contractor. The County in no way warrants that the minimum limits contained herein are
sufficient to protect the Contractor from liabilities that might arise out of the performance
of the Work under by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or
prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved
of any liability or other obligations assumed or pursuant to the Contract by reason of its
failure to obtain or maintain insurance in sufficient amounts, duration, or types. The
Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance
that it may deem necessary to cover its obligations and liabilities under this Agreement.
e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that
it has met the insurance requirements identified herein. The Contractor shall be responsible
for the professional quality, technical accuracy, and quantity of all services provided, the
timely delivery of said services, and the coordination of all services rendered by the
Contractor and shall, without additional compensation, promptly remedy and correct any
errors, omissions, or other deficiencies.
14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions,
claims, or willful acts or omissions of any type or character arising out of the Work done in
fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or
recovered under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The
Contractor shall be fully responsible and liable for any and all injuries or damage received or
sustained by any person, persons, or property on account of its performance under this Agreement
or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will
be responsible for primary loss investigation, defense and judgment costs where this contract of
indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive
all rights of subrogation against the County its associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the
work performed by the Contractor for the County. A failure to comply with this provision shall
result in County's right to immediately terminate this Agreement.
15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the prior written approval of County. Any attempts by
Contractor to assign or transfer its rights hereunder without such prior approval by County shall,
at the option of County, automatically terminate this Agreement and all rights of Contractor
hereunder. Such consent may be granted or denied at the sole and absolute discretion of County.
16. Examination of Records. To the extent required by law, the Contractor agrees that any
duly authorized representative of County, including the County Auditor, shall have access to and
the right to examine and audit any books, documents, papers and records of Contractor, involving
all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these
documents for three years from the date of the last payment received.
17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in
delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where
such failure is due to any cause beyond its reasonable control, including but not limited to Acts of
God, fires, strikes, war, flood, earthquakes or Governmental actions.
18. Notices. County may designate, prior to commencement of work, its project representative
("County Representative") who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to County Representative. All notices
or other communications made by one party to the other concerning the terms and conditions of
this contract shall be deemed delivered under the following circumstances:
a) personal service by a reputable courier service requiring signature for receipt; or
b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required by the sending party; or
Either party may change its notice address(es) by written notice to the other. Notice shall be
sent to:
Contractor:
Name: Brian Crownover
Position: Vice President
Address: 609 Gyrfalcon Ct., Unit D
Address: Windsor, CO 80550
E-mail: bcrownover@tcc.net
Phone: 970-301-0772
County:
Name: Chris Coulter
Position: Facilities Director
Address: 1105 H Street
Address: Greeley, CO 80632
E-mail: rcoulter(a,weldgov.com
Phone: 970-400-2023
19. Compliance with Law. Contractor shall strictly comply with all applicable federal and
State laws, rules and regulations in effect or hereafter established, including without limitation,
laws applicable to discrimination and unfair employment practices.
20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or
use other Contractors or persons to perform services of the same or similar nature.
21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto
and incorporated herein, contains the entire agreement between the parties with respect to the
subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
representations, and understandings or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
22. Fund Availability. Financial obligations of the County payable after the current fiscal
year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available. Execution of this Agreement by County does not create an obligation on the part of
County to expend funds not otherwise appropriated in each succeeding year.
23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-
50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement.
24. Survival of Termination. The obligations of the parties under this Agreement that by
their nature would continue beyond expiration or termination of this Agreement (including without
limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall
survive any such expiration or termination.
25. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed
and enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
26. Governmental Immunity. No term or condition of this Agreement shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq.,
as applicable now or hereafter amended.
27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement
of the terms and conditions of this Agreement, and all rights of action relating to such enforcement,
shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or
allow any claim or right of action whatsoever by any other person not included in this Agreement.
It is the express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental beneficiary only.
28. Board of County Commissioners of Weld County Approval. This Agreement shall
not be valid until it has been approved by the Board of County Commissioners of Weld County,
Colorado or its designee.
29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
provision included or incorporated herein by reference which conflicts with said laws, rules and/or
regulations shall be null and void. In the event of a legal dispute between the parties, Contractor
agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute.
30. Public Contracts for Services Contractor certifies, warrants, and agrees that it does not
knowingly employ or contract with an illegal alien who will perform work under this
Agreement. Contractor will confirm the employment eligibility of all employees who are newly
hired for employment in the United States to perform work under this Agreement, through
participation in the E -Verify program. Contractor shall not knowingly employ or contract with an
illegal alien to perform work under this Agreement or enter into a contract with a subcontractor
that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify
Program or State of Colorado program procedures to undertake pre -employment screening or job
applicants while this Agreement is being performed. If Contractor obtains actual knowledge that
a subcontractor performing work under this Agreement knowingly employs or contracts with an
illegal alien, Contractor shall notify the subcontractor and County within three (3) days that
Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal
alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting
with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the
contract if within three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall
comply with reasonable requests made in the course of an investigation by the Colorado
Department of Labor and Employment. Contractor shall, within twenty days after hiring a new
employee to perform work under the contract, affirm that Contractor has examined the legal work
status of such employee, retained file copies of the documents, and not altered or falsified the
identification documents for such employees. Contractor shall deliver to County, a written
notarized affirmation that it has examined the legal work status of such employee and shall comply
with all the other requirements of federal or state law. If Contractor fails to comply with any
requirement of this provision, County, may terminate this Agreement for breach, and if so
terminated, Contractor shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if
Contractor receives federal or state funds under the contract, Contractor must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United
States, if such individual applies for public benefits provided under the contract. If Contractor
operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a
citizen of the United States or is otherwise lawfully present in the United States pursuant to federal
law, (b) shall produce one of the forms of identification required by federal or state law, and (c)
shall produce one of the forms of identification required by federal law prior to the effective date
of the contract.
31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of
$500,000 annually, or for public contracts for road or bridge construction in excess of $50,000,
Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least
eighty percent of the work under this Contract. "Colorado labor" means any person who is a
resident of the state of Colorado at the time of this project, who can provide a valid Colorado
driver's license, a valid Colorado state -issued photo identification, or documentation that he or she
has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the
eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado
labor is available to perform the work, and this requirement would create an undue burden that
would substantially prevent the work from proceeding to completion. [This section shall not apply
to any project which is funded in whole or in part with federal funds, or where otherwise contrary
to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall
not apply if the Work is funded wholly or in part with federal funds.]
32. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor,
concerning this Agreement, the parties agree that each party shall be responsible for the payment
of attorney fees and/or legal costs incurred by or on its own behalf.
33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by
any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement,
with the attached Exhibits A and B, is the complete and exclusive statement of agreement between
the parties and supersedes all proposals or prior agreements, oral or written, and any other
communications between the parties relating to the subject matter of this Agreement.
CONTRACTOR:
TCC Corporation
By:
Name: Brian Crownover
Title: Vice President
WELD COUNTY:
ATTEST: .,..W.,..0,444)
j?,4/ :ei
5/13/24
Date of Signature
BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD CO
B
nti
Deputy Clerk to the Board
vin D. Ross, Chair
MAY 2 0 2024
a'/-i 7V-
Exhibit A]
TCC Corporation
609 Gyrfalcon Ct, Unit D
Windsor, CO 80550
Phone: 970-460-0583
Fax: 970-460-0871
PROPOSAL
No. 1
TITLE: Centennial Courts Concrete Repair
PROJECT: Centennial Courts
TO: Will Hopkins
Weld County Bldg Dept
1104 H Street
Greeley, CO 80631
DESCRIPTION OF REQUEST
DATE:
JOB:
CONTRACT NO:
05/06/2024
Proposal to remove and replace concrete drive at Centennial Courtroom. Includes demoltion and haul off of concrete,
ADA truncated domes, ROW permit, traffic control, and high -early concrete to allow the entrance to be open ASAP.
Excludes bond, asphalt repair, striping, concrete color.
Description I Amount
Concrete Replacement
Concrete Materials - High Early
ROW Permit
Traffic Control
General Conditions
General Liability Insurance
Builder's Risk Insurance
Contractor's Fee
$8,900.00
$4,500.00
$150.00
$1,582.00
$2,456.00
$48.46
$83.76
$1,758.78
Total
$19,479.00
APPROVAL:
By: By:
Will Hopkins
Date: Date:
Brian Crownover
ACORO®
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYY`n
5/7/2024
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 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
CONTACT Renee McReynolds
NAME:
Ewing -Leavitt Insurance Agency, Inc.
r42.10.EXO: (970) 679-7344 I rc,No): (866)425-6180
5689 McWhinney Blvd.
umss:renee-mcreynolds@leavitt.com
INSURER(S) AFFORDING COVERAGE
NAIL #
Loveland CO 80538
msusERA:Selective Insurance Company of America
012572
INSURED
INSURER B:Pinnacol Assurance
41190
TCC Corporation
INSURER C: Zurich Insurance Group
R50457
609 Gryfalcon Ct
INSURER D:
Unit D
INSURER E :
Windsor CO 80550
INSURER F :
TE NUMBER:24-25
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 CONTRACTOR 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 TYPE OF INSURANCE
"LT
ADDL SUER
INSD WWI
POLICY NUMBER
=TV;(MMIDDYIYYYY)
LIMITS
X
A
X
COMMERCIAL GENERAL LIABILITY
I CLAIMS -MADE El OCCUR
Blkt Addl Insureds
X Y
S2325490
5/1/2024
5/1/2025
EACH OCCURRENCE
$ 1 , 000 , 000
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 500,000
MED EXP (Any one person)
$ 15,000
PERSONAL &ADV INJURY
$ 1,000,000
X
Blkt Waiver Subrogation
GENERAL AGGREGATE
$ 3,000,000
GEN'L
-
AGGREGATE LIMIT APPLIES PER:
R ❑
POLICY X E JECT L.
OTHER:
PRODUCTS-COMP/OPAGG
$ 3,000,000
AUTOMOBILE
X
A
_LL
X
X
LIABILITY
ANY AUTO
AOWNED
AUTOS
HIRED AUTOS
Blkt Addl Insureds
SCHEDULED
AUTOS
X AO oSWNED
X Blkt WOS
X y
12325490
5/1/2024
5/1/2025
COMBINED SINGLE LIMIT
(Ea accidenU
$ 1 , 000 , 000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
(Perac gAMAGE
$
X
A
UMBRELLA LIAR
EXCESS LIAR
X OCCUR
CLAIMS -MADE
X Y
Follow Form
S2325490
5/1/2024
5/1/2025
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
DED I I RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑
OFFICER/MEMBER EXCLUDED?
B (Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
NIA
y
incl Blanket Waiver of
Subrogation
9
4021079
7/1/2023
7/1/2024
X I PER I 12r -
STATUTE ER
E.L. EACH ACCIDENT
$ 500,000
E.L. DISEASE ..EA EMPLOYEE
$ 500,000
E.L. DISEASE - POLICY LIMIT
$ 500,000
C Builders Risk
A Contractors Equipment
BR73861347
12325490
5/1/2021
5/1/2024
continuous
5/1/2025
$3,000,000 anyonestructure $1000 deductible
Leased/R.1211121 $250,000 limit
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (AGGRO 101, Additional Remarks Schedule, may be attached if more space is required)
re: Weld County Courthouse, 915 10th Street, Greeley CO
Certificate holder is named as additional insured as respects work performed. Waiver of subrogation
endorsements are provided in favor of the additional insureds.
LDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Weld County Colorado
1150 O Street
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Greeley, CO 80631
AUTHORIZED REPRESENTATIVE
I
R McReynolds/LAEWIN
-2014 ACORD CORPORATION. All rights reserves.
ACORD 25 (2014101)
INS025 /201001)
The ACORD name and logo are registered marks of ACORD
Contract Form
Entity Information
Entity Name*
TCC CORPORATION
Entity ID*
@00034361
Contract Name *
CENTENNIAL CENTER SIDEWALK GARAGE ENTRANCE
REPLACEMENT PROJECT
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
8127
Contract Lead *
CNAIBAUER
Contract Lead Email
cnaibauer@weld.gov
Contract Description*
REPLACE GARAGE ENTRANCE AND SIDEWALK CONCRETE THAT HAS DETERIORATED.
Contract Description 2
Contract Type*
CONTRACT
Amount*
$19,479.00
Renewable
NO
Automatic Renewal
Grant
IGA
Parent Contract ID
Requires Board Approval
YES
Department Project #
Department Requested BOCC Agenda Due Date
BUILDINGS AND Date* 05/18/2024
GROUNDS 05/22/2024
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-
COU NTYATTORN EY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
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"
08/05/2024
Committed Delivery Date
Renewal Date
Expiration Date"
08/05/2024
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
05/13/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
05/20/2024
Finance Approver
CHERYL PATTELLI
Legal Counsel
BRUCE BARKER
Finance Approved Date Legal Counsel Approved Date
05/14/2024 05/14/2024
Tyler Ref #
AG 052024
Originator
CNAIBAUER
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