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Home My WebLink About20240525.tiffeuni c+ID±ia38 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY &ACE EQUIPMENT AND SUPPLY FLEET SERVICES LIFT REPLACEMENT PROJECT THIS AGREEMENT is made and entered into this eday of M (IAA , 2024, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and Ace Equipment and Supply, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2400051. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. ConWlf ncraclok sl2o/24 e,).9 6).z_60.,;( ?4;-'4Z5. ooze 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Facilities Department or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $ 95,000.00 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. a. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided 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. Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors where: (1) the Work includes Construction Surveying and/or Survey Monumentation and/or (2) plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to (a) Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, (b) Mix designs, (c) Contractor performed design work as required by the plans and Specifications, (d) Change Orders, or (e) Approved Value Engineering Proposals. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. 1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. 2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. 3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. 4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 year floodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. 5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. 6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). 7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all grneral 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, ca. 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: Lawrence Booco Position: Owner Address: 9660 Dallas Street Address: Commerce City CO 80640-8451 E-mail: lawrence@aceequip.com Phone: 303-288-2916 County: Name: Chris Coulter Position: Facilities Director Address: 1105 H Street Address: Greeley, CO. 80632 E-mail: rcoulter@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 the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §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: By: l/ID�fc�i� u Name: L 4ku,egtEcA 6. /©©GQ Title: 42,eg/e),I.,t7 WELD COUNTY: ATTEST: Weld County Clerk to the Board BY:L. Deputy Clerk to the Board evin D. Ross, Chair '4. OS/D.9/tJ�,/ Date of Signature BOARD OF COUNTY COMMISSIONERS WELD COUNT MAY 2 0 2024 abptS- WELD COUNTY FACILITIES DEPARTMENT CONTRACT BID DOCUMENTS Weld County Facilities Department 1105 H Street Greeley, Colorado 80632 970-400-2020 Table of Contents Performance Bond 1 Labor and Materials Payment Bond 2 N otice of Award 3 N otice to Proceed 4 Lien Waiver GC 5 Certificate of Substantial Completion 6 N otice of Final Acceptance 7 DocumentA312TM -201 2010 Performance Bond Init. CONTRACTOR: (Name, legal status and address) OWNER: (Name, legal status and address) CONSTRUCTION CONTRACT Date: Amount: Description: (Name and location) BOND Date: (Not earlier than Construction Contract Date) Amount: SURETY: (Name, legal status and principal place of business) Modifications to this Bond: 0 None U See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Signature: Name and Title: (Corporate Seal) (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORtvfA HON ON L Y — Nan', address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to ,Contractor. Surety, Owner or Other party shall be considered prufaliwhere applicable. AIA Document A312"' — 2010 Performance Bond. Copyright © 2010 by The American Institute of Architects. All rights reserved. WARNING: This Aide Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA'°Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright©aia.org. 061110 1 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does.not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; . 2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and . 3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section" 3, the Surety shall promptly and at the Surety's expense take one of the following actions: Init. § 5.1 Arrange for the Contractor, with the consento "the O*ler,_to perform and complete the Construction Contract; '•i--- § 5.2 Undertake to perform and complete the Construction Contra contractors; tsejf, through its agents or independent § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or . 2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed asprovided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. MA Document A312m — 2010 Performance Bond. Copyright C 2010 by The American institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AleDocument. or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright©aia.org. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. 1 AIA Document A3I2TM - 2010 Performance Bond. Copyright O 2010 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Init. Signature: Name and Title: Address Signature: Name and Title: Address AIA Document A312TM — 2010 Performance Bond. Copyright CD 2010 by The American Institute of Architects. All rights reserved. WARNING: This Ale' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAx' Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org Init. 1 IA Document A3121M — 2010 Payment Bond CONTRACTOR: (Name, legal status and address) OWNER: (Name, legal status and address) CONSTRUCTION CONTRACT Date: Amount: Description: (Name and location) BOND Date: (Not earlier than Construction Contract Date) Amount: SURETY: (Name, legal status and principal place of business) Modifications to this Bond: O None O See Salop 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Signature: Name and Title: (Corporate Seal) (Any additional signatures appear on the last page of this Payment Bond) (FOR INI• OR1t'1A 7'1O.N ONLY — Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference )o Contractor, Surety, owner or ptjer party shall be considered _r. SOW where applicable. AIA Document A312TM a 2010 Payment Bond. Copyright O 2010 by The American institute of Architects. All rights reserved. WARNING: This Me Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIeDocument, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. To report copyright violations of ADA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. 061110 1 { § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnities and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the addresssYdedcbed in Section 13). ,.- lp § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment:of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Init. 1 AIA Document A3121" — 2010 Payment Bond. Copyright © 2010 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (I ) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to suretiesas a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; . 4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; . 6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; . 7 the total amount of previous payments received by the Claimant; and . 8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the.terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A3127M --2010 Payment Bond. Copyright O 2010 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document. or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. To report copyright violations of AlA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below, for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address MA Document A312"4 — 2010 Payment Bond. Copyright © 2010 by The American institute of Architects. All rights reserved. WARNING: This AIAS Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIeDocumont, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright©aia.org. NOTICE OF AWARD To: BRIEF PROJECT DESCRIPTION. The Owner has considered the Bid submitted by you for the above -described Work in response to its Invitation for Bids and Instructions to Bidders. You are hereby notified that your Bid has been accepted in the amount of $ 00000 or as shown in the Bid Schedule. You are required by the Instructions to Bidders to execute one original of the Agreement and furnish the required Performance Bond, Payment Bond, and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this 21st day of December 2022 Weld County, Colorado, Owner By: Toby Taylor, Facilities Director ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2022 By: Title: NOTICE TO PROCEED To: Date: PROJECT NAME described in the Invitation for Bids, Bid No. BXXXXXXX You are hereby notified to commence Work in accordance with the Agreement dated 3/11/23 . The date of completion of all Work is, therefore, September 22, 2023. By Toby Taylor, Facilities Director Weld County, Colorado ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: (Contractor) Dated this day of , 2023. By Title i I TO Weld County Facilities Department Attn i 1105 H Street Greeley,IColorado 80632 Gentlemen I LIEN WAIVER (GENERAL CONTRACTOR) For a valuable consideration paid by the Board of County Commissioners of Weld County, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby, releases unto Weld County and to its heirs, executors, administrators or assigns, all rights of the undersigned to claim a mechanic's lien for material heretofore furnished for use in and for labor heretofore performed upon the construction, alteration, addition to or repairof the structures or improvements described in the Contract Documents as Contractor described in the Invitation for Bids, Bid No (If no legal description is shown following the description of Project, we acknowledge that the foregoing is an adequate description of the real properties and improvements since the foregoing is the description given in the Contract Documents which govern the performance of the Work for which consideration has been received ) 1 In executing this (release, we certify that all claims for labor, or materials, or both, furnished or performed on our behalf by our material suppliers or subcontractors have been paid or that satisfactory arrangement for payment has b been made We agree to defend Weld County from all claims on the part of our material suppliers, laborers, employees, servants and agents or subcontractors arising from our Work on the Project, and we further agree to reimburse the Board of County Commissioners of Weld County for all costs, including reasonable attorney fees, which they may incur as a result of such claims Contractor By Title Date STATE OF COUNTY OF ss The foregoing instrument was acknowledged before me this day of , 2022, by My commission expires Notary Public CERTIFICATE OF SUBSTANTIAL COMPLETION Contractor: PROJECT NAME Contract Dated: described in the Invitation for Bids, Bid No. BXXXXXXX. This Certificate of Substantial Completion applies to all Work that has been sufficiently completed in accordance with the Contract Documents and as modified by any change orders agreed to by the parties, so that the County and/or Owner can utilize the project for the use for which it was intended, except for the following specified parts thereof: The Work to which this Certificate applies has been inspected by authorized representatives of the Owner, Contractor and Engineer, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on Date of Substantial Completion A list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of the Contractor to complete all the Work in accordance with the Contract Documents. The items in the list shall be completed or corrected by the Contractor within 14 calendar days of the above date of Substantial Completion. To be effective, this form must be signed by the Owner, the Engineer, and the Contractor. Owner: Engineer: Contractor: Date: Date: Date: NOTICE OF FINAL ACCEPTANCE TO: Date: PROJECT NAME described in Bid No. BXXXXXXX. This is to inform you that the above referenced job, has been satisfactorily completed in accordance with the Contract Documents and is hereby accepted. Final payment will be made on or about Final acceptance does not relieve the Contractor of the minimum one (1) year warranty on all work and materials incorporated into this Project. Such warranty shall begin on the date of this acceptance. By: Toby Taylor, Facilities Director Weld County, Colorado ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby acknowledged by: Dated this day of 2023. By (Contractor) Title Vehicle Lift Rotary Model SPO12 Capacity 12,000 lbs. 14,000 LBS. CAPACITY RUNWAY LIFTS SM14 CLOSED FRONT DESIGN 14,000 lbs. Four Post Lift Features three runway lengths SHOCKWAVE LIFTS SM14S-SW SMI4L-SW SMI4EL2-SW CLOSED FRONT MODELS SM014 OPEN FRONT DESIGN 14,000 lbs. Four Post Lift Features two runway lengths with an open front design for greater vehicle access SHOCKWAVE LIFTS S MOI4L-SW SMOI4EL2-SW OPEN FRONT MODELS MODEL _Ift Colors are Blue ana Roc STANDARD LONG EXTENDED ear SHOWN' SM14N100YBL SM14 SERIES FEATURES: • Industry -Best -?at. /8 3/': • Dual Function Sentinel _ockTM • Available with SHOCKWAVI-1"" • Single Piece 20' Runways • Air Operated Lock Release • Adjustable Lock Ladders Keep Lift Level • I ouvered -amps with Polymer Rol.ers • Air Filter / -egulator / Lubricator • Powder -Coated I- iamnner -one Paint • Alignment Conversion Avai_ hle • Converts to a Drive -TI rru Lilt SM14 4 POST LIFT SM14N100Y SM14N101Y SM14N102Y SM014 4 POST LIFT SM014N101Y SMO14N102Y SHOCKWAVE is EQUIPPED SM14U100Y SM14U101Y SM14U102Y SMO14U101Y A SMO14U102Y A Lift Capacity V-. XI) .cc.. "e}.Cr=C EL, Rise* ' 4" • '- 1 '. ; , 4 - Width Overall t '^ i :it:: 1L:11 2 • Length Overall t _._._, i .HT / 2P :' __ Maximum Wheelbase H.;' / k_' / 2h I'?2' Drive-Thru Width 11L ' /- t. if; Column Height -.,:1 r i I Width Between Runways ' 3. , ,:6- ' Runway Width I Minimum Bay Size -V A C.1'. 76 c 2S, 1;.,' x 26' c.- 78 Motor / Voltage With SHOCKWAVE _ P r 2'!, - ` ii I I ' ; _ " Dv _ i I' _OS - _:tA ... It-IP ; 110' Time of Full Rise With SHOCKWAVE** i, ) : t-!. r I is ._)r uJ� `''_ ;- .,r I _, ,J:� ._L_!L._L J J_. '♦ -•10 ! _.f . ♦ .�. f .' •S-�N -�tii .• ! se-. [co _f, rJ �I �.� �lay1 C.• IaI. 7. i�_. 7 /"♦ V i •_ f�. J t e~.:n and w ri[^ is "(: ge w :r Si ::(.h'WAV- n4 -:..a. l •,...:5 ':;one. --c, •fir' vEh :.t • g 't ] "1N ')ay EV'''- "'OOPS availat :e ^SLAT ractood nor Rl ,'c, u••.ed i• co..lrn'1 sloe or '. cnl System Power SHOWN: SM014101YBL SHOWN: X14N00100BL X14 OPEN THROUGH 14,000 lbs. Scissor Lift Open scissor design saves space and provides greater technician access with true vertical lifting FEATURES: • 4(5 Retwecn Runways • Vcrsaule 198" Whceloasc Range • Intuitive Console Controls • Folding Ramps Wth Rear Chocks • 40" Between Platforms for More Access • Recessed / Surface Mount Options • Alignment Model Avai,abie MODEL X14 Lift Colors are Blue and Red aower Unit. Consoles are Gray SURFACE MOUNT SCISSOR LIFT X14N0010 Lift Capacity ") cc_ Rise* . Width Overall "i' Length Overall ' . . Runway Length 21;.:. Maximum Wheelbase °'-' Lowered Height lu i 'I" Runway Width h • /2 - Minimum Bay Size 11, Y 2 r Motor / Voltage .- HP / zit ' Time of Full Rise I / 'nry:l + - kills: ^-casures `loo _o0 of '.,rv,av a: `,..11 s:rokz r,ounted n case, erne L OPTIONAL LIFT ACCESSORIES Contact the manufacturer for proper lift application Air / Utility Box ;nctuccs two '10v clect..ic outlots, air connect on w-tl1 f iv/ Ramp Kits for drive-tr. r%r^ah ty rd low -prone ver ^.es Air Operated Tire and Wheel Lifts w lh air hose and air not connect on SPOTLINE Laser Kit 'Rips aerie' n bays q.. ck.v a u' accurately TECH LIGHT LED Runway Lighting Kit ' Fo„ r light wa•xis fur eFectve :ghttng TECH LIGHT Line Light R ir'specton hard lamp wit too spoz light Oil Drain Pans lcl.,dc splash g,,a d, ;gain valve ar'd West cap Lock Light wcvcos green Grn_ visua confrrnaoon when lift is luwerec _c ins locks Removable Work Steps ;r . is wit.: -1 s.0Ls on Secs of runways i SR/1% .its .only ' ""L" ;'dy S/ Powder coated hammer tone paint finish improves durability and paint life. Specifications Model Max Wheelbase SM14-L 182" (4622mm) m) SM14-EL 215" (5461mm) E Model SM14-L SM14-EL a 1 Rise Height 78 3/4" (2000mm) 78 3/4" (2000mm) Length Overall 20' 10" (6350mm) 23' 7" (7188mm) Width Overall**t 10' 11 3/4" (3346mm) 10' 11 3/4" (3346mm) Inside of Columns** 116 1/4" (2953mm) 116 1/4" (2953mm) Between Front and Rear Columns 195 1/4" (4959mm) 228 1/4" (5798mm) Height of Columns 7' 6 1/2" (2299mm) 7' 6 1/2" (2299mm) Width of Runways 20" (508mm) 20" (508mm) Height of Runways 7" (178mm) 7" (178mm) Width Between Runways 43"- 46" (1092- 43"- 46" (1092- 1168mm) 1168mm) Lifting Capacity 14,000 lbs. (6350kg) 14,000 lbs. (6350kg) Motor 2 HP 2 HP Motor Shockwave 5 HP 5 HP Batteries Not Included 2 Standard Group 24 2 Standard Group 24 Voltage Single Phase 208v -230v 208v -230v Voltage with Shockwave 110V 110V Time of Full Rise 65 seconds 65 seconds Full Rise/Decent Shockwave *** 35 secs./18 secs. 35 secs./18 secs. Min. Bay Size 15'x26' 15'x28' • Model SM14-L SM14-EL S = Shorter length L = Standard length EL = Extended length SM14 lifts are available in blue and RAL5005 RAL3002 red. a1 Additional colors maybe available - consult your Rotary® representative for details Maximum wheelbase is based on a tire diameter of 29-1/2" (749mm) ** Narrow bay models available. Consult factory for min. bay size before ordering *** Actual rise and descent times may vary depending on weight of the vehicle t Length and / or width overall is 10 -1/2" longer with SHOCKWAVE power unit mounted on the side or front of column 1 III I.• 4"%ist,s J` • S100077KIT & Airline Kit assi Rolling Jack Add an airline and rolling jacks to your SM14 or SMO14 four -post lift. This kit includes one airline assembly (FC5760) and two rolling jack assemblies (RJ7100Y). F�1 Contact A Distributor II S Vehicle Lift Rotary Model SPO20 Capacity 20,000 lbs. LIFT SPECIFICATIONSt Models: SPO16 / SPO20 Lifting Capacity �■ SPO16 16,000 lbs. (7257kg) Z ® SPO20 20,000 lbs. (9072kg) Max. Load (per arm) SPO16 4,000 lbs. (1814kg) SPO20 5,000 lbs. (2268kg) Rise° A. Min.Truck Adapter Height Max.Truck Adapter Height 77 31/32" (1979mm) 801 /32" (2035mm) Height Overall: B. Standard Adjustments Low Ceiling (LC) C. D. 15' to 16' 6" (4572-5029mm) 13' 6"to 14' 6" (4115-4420mm) Width Overall (outside to outside of base plates) Narrow Standard Wide 12" 11 " (3937mm) 13' 5" (4089mm) 13' 11" (4242mm) Wide setting provides greatest tire clearance for shorter wheelbases Drive-Thru Clearance Narrow Standard Wide 105 11 /32" (2677mm) 111 11 /32" (2829mm) 117 11/32" (2981 mm) E. Floor To Overhead Switch 15' 1013/16" (4851mm) F. Reach / Front Arm Min./Max. 34 11 /16" (881mm) / 64" (1626mm) G. Reach / Rear Arm Min./Max. 34 11 /16" (881 mm) / 64" (1626mm) H. Min./Max.Truck Adapter Height 5 31/32" to 81 /32" (152-203mm) I. Min./Max.Low Step Height J. Min./Max.High Step Height K. 10 31/32"to 13 1/32" (278-344mm) 15 31/32"to 181 /32 (406-470mm) Inside Columns Narrow Standard Wide 120 15/32" (3061 mm) 126 15/32" (3213mm) 132 15/32" (3366mm) Motor / Voltage** With SHOCKWAVE 4 HP / 208v -230v 5 HP/110v Time of Full Rise With SHOCKWAVE*** 81 seconds at full capacity 60 seconds at full capacity 36 seconds at half capacity Time of Descent 20 seconds for all vehicles Ceiling Height Required: Standard Low Ceiling (LC) 15' 2" to 16' 8" (4576-5080mm) 13' 8" to 14' 8" (4166-4470mm) Min. Bay Size 15' x 30' (4572 x 9144mm) Total Product Weight 3,500 lbs. ° Rise is measured from floor to adapter in lowest and highest position ** Optional DC SHOCKWAVE battery power available *** Actual rise times may vary deperding on weight of the vehicle Standard color of lifts are blue and red unless otherwise noted. Gray and black are available at no additional charge. Additional colors are available,consult your Rotary') RAL7040 RAL9005 representative for details. RAL5005 RAL3002 tNOTE: Level bay floors provide the best underbody clearance needed to accomodate the broadest range of vehicles to spot and lift. Wide setting installations create the bes- tire clearance on shorter wheelbases. Vehicle axle weight MUST NOT EXCEED one half of total lift capability. Maximum arm load is 1/4 of lift rated capacity. --- K - E H I A t t if STANDARD / OPTIONAL LIFT FEATURES SPO16 16000 lbs. SPO20 20,000 lbs. FEAT,.DE Stture • Optional Feature 0 Lift column design Symmetric Symmetric ALI Certified • • Surface mounted models • • 3 -stage IRIOTM arms • • Automatic arm restraints • • Single point air lock release • • Multi -position locking systems • Original column single construction piece "Double S" • Hydraulic cylinders in each column • Overhead cables / clear floor design • 0 Overhead padded switch bar • • Multi -position wheel spotting dish • • Seismic rated column baseplate 0 0 Low ceiling model available 0 O SHOCKWAVETM Equipped models 0 0 (Features) (Gallery (Specifications) (Reviews Specification Adapters Capacity Max. Load (per arm) Rise* Height Configurations Required Ceiling Height Overall Width Drive-Thru Width Inside Columns Front Arm Min/Max SPO20-Wide Truck / Optional Round Adapters 20,000 lbs. 5,000 lbs. 80" Available in height increments of 6" between 15' to 16'6" 15'2" - 16'8" 13'11" 117-11/32" 132-15/32" 34-11/16" 64" SPO20- Standard Truck / Optional Round Adapters 20,000 lbs. 5,000 lbs. 80" Available in height increments of 6" between 15' to 16'6" 15'2" - 16'8" 13' 5" 111-11/32" 126-15/32" 34-11/16" 64" SPO20- Narrow Truck / Optional Round Adapters 20,000 lbs. 5,000 lbs. 80" Available in height increments of 6" between 15' to 16'6" 15'2" - 16'8" 12' 11" 105-11/32" 120-15/32" 34-11/16" 64" S PO2O-Low Ceiling Truck / Optional Round Adapters 20,000 lbs. 5,000 lbs. 80" Available in height increments of 6" between 13'6" to 14'6" 13'8" - 14'8" S ee note * S ee note * S ee note * S ee note * II t CAccessc Rear Arm Min/Max 34-11/16" - 34-11/16" - 34-11/16" meigri L Max. Adapter Height Shockwave' Motor Motor 64" 64" 64" (Features) 8-1/32" 5 HP (caner';) 8-1/32" 5 HP 4HP 4HP ShockwavetM 110v 110v Voltage Voltage Shockwave-M Time of Full. Rise Time of Ful_ Rise Min. Bay Size * Contact factory for available widths, drive-thru clearance, inside column widths and arm reach. 208v -230v 208v -230v See note u ' , e Specifications (Reviews 60 seconds 60 seconds 81 seconds 81 seconds 15'x30' 15'x30' 8-1/32" 8-1/32" 5HP 5HP 4 HP 4HP 110v 110v 208v -230v 208v -230v 60 seconds 60 seconds 81 seconds 81 seconds 15'x30' 15'x30' �Accessc Vehicle Lift Rotary Model SF012 Standard Capacity 12,000 lbs. SPO12 SERIES TWO POST LIFTS 12,000 lbs. CAPACIT: / MEDIUM DUTY SYMMETRIC LIFT LIFT SHOWN: S P012 -SW Includes SHOCKWAVETM DC power with onboard 110v charger providing 2X the lifting speed of conventional lifts. D O SCAN THIS VIDEO CODE TO LEARN ABOUT THE BENEFITS OF ROTARY SHOCKWAVE LIFTS SPO12 SERIES LIFTS FEATURE three -stage arms and polymer Truck Adapters primarily used on framed vehicles. Adjustable adapters thread -up and come with stackablc inserts and stortgc rack. No rneLal • Three -stage arms for greater reach • Original "Double S" column design • Performance tested to 20,000 lift cycles • Nationwide support • ALI Gold Certified Standard SPO12 and SPO12-SW lifts are available in 4 adjustable lift height options / models ADD UP TO 3' OF ADDITONAL HEIGHT FOR EURO-STYLE CARGO VANS Rotary Lift 2700 Lanier Drive / Madison, IN 47250, USA rotarylift.com 0 0 (1 Rotary SPO12 HWR Cutsheet.2023.01 alliaillis- "-- i ID Iil La Its size, wider drive-thru and larger footprint make the SPO12 the optimal 2 post lift for shops that work on taller, heavier vehicles. SYMMETRIC LIFT MODELS STANDARD POWER Choose your • Lift height and width • Power option • Productivity accessories SP012-TA Symmetric lift with TA truck adapters and 3 -stage arms for greater vehicle reach. SPO12-ILC LOW CEILING DESIGN Shorter overhead height designed for shops with lower ceiling bays. • U' 8" overa_l height • it 9" minimum required ceiling height SP012WIDE Wider stance provides an additional 17" of drive-thru width for larger trucks and vans. Wide lift design provides the versatility for greater under vehicle access and less obstruction for service to battery electric vehicles. CONVENTIONAL 3 -STAGE ARMS Truck Adapters (TA) STANDARD MODEL SPO12N7T5BL SPO12N7T5RD CONVENTIONAL 3 -STAGE ARMS Truck Adapters (TA) LOW CEILING MODEL SPO12N7TLBL SPO12N7TLRD CONVENTIONAL 3 -STAGE ARMS Truck Adapters (TA) WIDE MODEL SPO12N7W6BL SPO12N7W6RD SHOCKWAVE EQUIPPED /A NIA SPO12U7T5BL SPO12U7T5RD Rise* STANDARD SHOCKWAVE 75 3/4' - 78 1/8" 75 3/4" - 781/8" 75 3/4" - 78 1/8" N/A 75 3/4" - 78 1/8" N/A Overall Height 1 _ r' 1 l 13' 11-1/2" Overall Width I1' i1' F-ci/,'" '2' l( c/S," Drive-thru 1c.., S 15? Jo -"9 3/6' Inside Columns 114 ; :•' ' ' 7/,..• 1 1 TI Front / Rear Arm Reach '.lin n ur ►. 2 r I -, - Max ►L1n id,. Rear Arm Min/Max ? 7 1 _ / :.: -; Min Adapter Height = 3/4' Min Bay Size l:l • '. " '� '/:. x v Ceiling Height Min '' '"'-'/A-- Motor / Voltage 10 H '. 2C2-:- U I 5 HP - 110V with SHOCKWAVE Time of Full Rise c:=f, _ yf: 25 seconds with SHOCKWAVE * Rise measures lowest and highest position of the supplied adapters from floor to full cylinder stroke. ** Actual rise and descent times vary depending on vehicle weight Heights and widths reflect standard settings. SP012 tift colors come standard with your choice of red or b North / South America Information Sales: 800.445.5438 insidesales@vsgdover.com Tech. Support: 800.445.5438 technicalsupport@rotarylift.com Global Contact Information USA: 1.812.273.1622 Canada: 1.9C5.812.9920 Latin America / Caribbean: 1.812.2731622 Brazil: +55.11.4534.1995 Government Sales: 800.445.5438 X5655 For additional information: rotarylift.com/Government-Purchasing-Assistance/ r . l RAISED IN MADISON art •-.— _Ca: r• L -i••4' ;/r% tat c J?ciSr; ,•,4T11. :.u. ns.1v•J..lb i I OW. .,.�A•J.•.-4�. 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'eft, aP4.Aa. . .4 ' ., •••- • .• • .;.. •I_ '.- .:21•4- '•4 44, - ••• 'a' r•- ztS e •1r 0 • Ira ON, • • I— • - • I._ 4 O' I -0 -0-a- A' 1v- . .r. -: •t .. 4 t. r - . • ._ SHOWER DETAILS .s ' M . ,• �i- • •4• • • - a • M • 1,-a �- •• tat .. _ 450 y; % �. • 14" s. ,r -44 • • .7":;• / r • r •- - - • 1• M' • - - !.-• .•.•• De: 0 -T-..-,4C I • • I i' =.2•1- 717-- 4,49.4 ♦ -44 '.' ••• s i ;.,14' • I-. If • • •� a.1 • • n I t~ - r 1 -c. WHITE SO. G TACK SD. BCHEDuI_Q d � ..: -,..:: •. 16t: 4. 4-4 -a,•.6 1 12" BLOCK DETAIL • ♦ H • .5 • f at T • ti 14" BLOCK DET'L Location of New Vehicle Lifts Below R kentr 4 • To T1 • • • 11. New-SM14-L 4 -Post 14K Capacity New-SPO20 4 .1 • _ • New-SP012 2 -Post 12K Capacity C;) • ete 5. • • • • • • tit tabs 11 arse 40 *di PIPIV U. STEEL ANICHITO.C TO A salCO 500$1 OPIAIAIN • • 3 or • ACS D CERTIFICATE OF LIABILITY INSURANCE I 04/11/2024 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 poliNy(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 FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 OWATONNA, MN 55060 enME cT CLIENT CONTACT CENTER PHONE 'Fax RTE., Elm:888-333-4949 IA/C, No, 50T-446-4664 =Ass: CLIENTCONTACTCENTER.FEDINS.COM INSURERS AFFORDING COVERAGE NAIL H INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 302-610-1 ACE EQUIPMENT 8, SUPPLY CO INC 9660 DALLAS ST COMMERCE CITY, CO 80640-8451 INSURER Et FEDERATED RESERVE INSURANCE COMPANY 16024 INSURER C: INSURER D: INSURER E. INSURER F. COVERAGES CERTIFICATE NUMBER: 83 REVISION NUMBER: 3 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. TVTYPE OF INSURANCE LTR ADDL SUER INSR WVD POLICY NUMBER POLICY EFF IMMlDdYWYI POLICY EXP IMM/DD/YYWI LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y Y 1891888 04/01/2024 04/01/2025 EACH OCCURRENCE $1,000,000 DAMATO cavGE nnd RENTED PREMISES IEa o $100,000 MED EXP (Any one person) $5,000 B PERSONAL a pp, INJURY GENERAL AGGREGATE $1,000,000 $2.000.000 GEM_ AGGREGATE UNIT APPLIES PER: X POLICY Rgi LOC OTHER: PRODUCTS 2 COMP/OP AGO $2,000,000 AUTOMOBILE X B LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY -AlSOr05HEDULED -NAN-OWNED UFOS ONLY Y Y 1891888 04/01/2024 04/01/2025 gaulndenISI WILE MDT $1,000,000 BODILY INJURY (Per Pena, BODILv INJURY'Par Acaden9 1PeOPPERId r.E X B UMBRE_LA LIAR X EXCESS LIAB OCCUR CLAIMSOIADE Y Y 1891892 04/01/2024 04/01/2025 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 DED I 'RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERI EXECUTIVEni A 'M CO.Ri BNNIEXCLUDEDT DESCRIPTION OF OPERATIONS bebar N/A N 1891891 04/01/2024 04/01/2025 X 'PER STATUTE I 'OTHER E.L EACH ACCIDENT $1,000,000 8/00802880025/0028 $1,000,000 E.L DISEASE • POLICY LIMIT $1,000,000 POLLUTION LIABILITY B N N 1892978 04/01/2024 04/01/2025 8APOLL INCIDENT $1,000,000 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS ! LOCATIONS !VEHICLES (ACORD 101, Additional RemaMs Schedule, may be attached it more space is required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 302-610-1 WELD COUNTY COLORADO 1399 N 17TH AVE GREELEY, CO 80631-9562 83 3 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 Aie.e. ACORD 25 (2018/03) O 1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 302-610-1 AW O® LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY FEDERATED MUTUAL INSURANCE COMPANY NAMED INSURED ACE EQUIPMENT & SUPPLY CO INC 9660 DALLAS ST COMMERCE CITY, CO 80640-8451 POLICY NUMBER SEE CERTIFICATE ## 83.3 CARRIER NAIL CODE SEE CERTIFICATE ## 83.3 EFFECTIVE DATE: SEE CERTIFICATE ## 83.3 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE ADDITIONAL INSURED ALSO INCLUDES: ITS ELECTED OFFICIALS, AND ITS EMPLOYEES. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ON GENERAL LIABILITY SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION ENDORSEMENT. THE CERTIFICATE HOLDER IS A DESIGNATED INSURED ON BUSINESS AUTO LIABILITY SUBJECT TO THE CONDITIONS OF THE DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE. GENERAL LIABILITY CONTAINS A WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC ENDORSEMENT BUSINESS AUTO LIABILITY CONTAINS A WAIVER OF SUBROGATION IN FAVOR OF THE CERTIFICATE HOLDER SUBJECT TO THE CONDITIONS OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT. COMMERCIAL UMBRELLA FOLLOWS FORM ACCORDING TO THE TERMS, CONDITIONS, AND ENDORSEMENTS FOUND IN THE COMMERCIAL UMBRELLA POLICY. ACORD 101 (2008/011 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 1891888 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Auto Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Ace Equipment & Supply Co Inc Endorsement Effective: 04/11/2024 SCHEDULE Name of Person(s) Or Organization(s): Weld County Colorado 1399 N 17th Ave Greeley, CO 80631-9562 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. In the event of any payment for a loss under this Business Auto Coverage Part arising out of your ongoing operations, we agree to waive our rights under the TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition against any person or organization, its subsidiaries, directors, agents or employees, for which you have agreed by written contract, prior to the occurrence of any loss, to waive such rights, except when the payment results from the sole negligence of that person or organization, its subsidiaries, directors, agents or employees. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA -F-128 (03-03) Policy Number: 1891888 Transaction Effective Date: 04/01/2024 POLICY NUMBER: 1891888 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Weld County Colorado 1399 N 17th Ave Greeley, CO 80631-9562 Any coverage provided by this endorsement applies only to selling and installing new vehicle lifts at the certholders location. Additional insured also includes: its elected officials, and its employees. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. © Insurance Services Office, Inc., 2018 Page 1 of 2 Policy Number: 1891888 Transaction Effective Date: 04/11/2024 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Insured: Ace Equipment & Supply Co Inc 9660 Dallas St Commerce City, CO 80640-8451 Page 2 of 2 CG 20 10 12 19 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. © Insurance Services Office, Inc., 2018 Policy Number: 1891888 Transaction Effective Date: 04/11/2024 COMMERCIAL GENERAL LIABILITY CG 24 53 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CG 24 53 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number 1891888 Transaction Effective Date: 04/01/2024 .acv D CERTIFICATE OF PROPERTY INSURANCE DATE (MMIDDIYYYY) 04/11/2024 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 INSUREMS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 OWATONNA, MN 55060 CONTACT NAME: CLIENT CONTACT CENTER Ia no, EXU: 888-333-4949 rte., Nel: 507-4464664 aooRess: CLIENTCONTACTCENTERWFEDINS.COM PRODUCER CUSTOMER ID: INSURERS AFFORDING COVERAGE NAIL N INSURED 302-610-1 ACE EQUIPMENT & SUPPLY CO INC 9660 DALLAS ST COMMERCE CITY, CO 80640-8451 INSURER A:FEDERATED RESERVE INSURANCE COMPANY 16024 INSURER B. INSURER C. INSURER D. INSURER E. INSURER F. COVERAGES CERTIFICATE NUMBER: 90 REVISION NUMBER: 0 LOCATION OF PREMISES I DESCRIPTION OF PROPERTY (Atte. ACORD 101, Additional Remarks Schedule, if more apace is re9uiredl 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 TYPE OF INSURANCE LTR POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIVYYYI POUCV EXPIRATION DATE(MM/ODIYYYYI COVERED PROPERTY UMITS JPROPERTY I CAUSES OF LOSS DEDUCTIBLES BUILDING PERSONAL PROPERTY BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANK BLOC & PP BASIC BUILDING BROAD SPECIAL CONTENTS EARTHQUAKE WIryD FLOOD X CAUSES A X INLAND MARINE OF LOSS NAMED PERILS OTHER TYPE OF POUCY 04/01/2024 .01/2025 X BUILDERS RISK, INSTALLATION - - FLOATER $95,000 POLICY NUMBER 1891888 TYPE CRIME OF POLICY ABOILER & MACHINERY I EQUIPMENT BREAKDOWN SPECIAL CONDITIONS I OTHER COVERAGES (ACORD 101, Additional Remarks SdwAlle, "'"' al'"" i1 more space is required) RE: 1399 17TH AVE, GREELEY, CO 80631-9562 CERTIFICATE HOLDER CANCELLATION 302-610-1 WELD COUNTY COLORADO 1399 N 17TH AVE GREELEY, CO 80631-9562 90 0 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 A-1'-e ACORD 24 (2016103) N 1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract F Entity Information Entity Name * ACE EQUIPMENT AND SUPPLY Contract Name * FLEET LIFT REPLACEMENT Contract Status CTB REVIEW Entity ID* @00000129 ❑ New Entity? Contract ID 8038 Contract Lead* CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * REMOVE THREE LIFTS FROM THE FLEET SERVICES BUILDING AND REPLACE WITH THREE NEW ONES. BID #2400051 Contract Description 2 Contract Type" CONTRACT Amount* $95,000.00 Renewable* NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 04/18/2024 GROUNDS 04/22/2024 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- COUNTYATTORNEY@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* 09/09/2024 Committed Delivery Date Renewal Date Expiration Date* 09/09/2024 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 March 6, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Chris Coulter Subject: Fleet Services Lift Replacement- 82400051 As advertised, a bid for the replacement of three vehicle lifts at the Motor Pool -Fleet Service facility was previously sought. During the original solicitation process, including materials and installation, the Facilities Department received a single responsive bid. The responsive bid received in the original solicitation is from Ace Equipment and Supply. After the Ace Equipment and Supply bid was received, Facilities contacted Mohawk lifts for a second number. Mohawk is registered with the State of Colorado to provide lifts in accordance with the State recognized lift pricing agreement. Mohawk did not provide a bid during the original project bid solicitation. After a new solicitation to Mohawk, Facilities did secure a proposal. The proposal from Mohawk was determined to be incomplete and is considered non -responsive. The low responsive and responsible bid during the original bid process is from Ace Equipment & Supply CO. Inc. Therefore, the Facilities Department recommends award for Fleet Services Lift Replacement- B2400051 to Ace Equipment & Supply CO. Inc. for $95,000. If you have any questions, please contact meat extension 2023. Sincerely, Chris Coulter Director 3g DATE OF BID: FEBRUARY 28, 2024 REQUEST FOR: FLEET SERVICES LIFT REPLACEMENT DEPARTMENT: FACILITIES BID NO: B2400051 PRESENT DATE: MARCH 4, 2024 APPROVAL DATE: MARCH 18, 2024 VENDOR ACE EQUIPMENT & SUPPLY CO. INC. 9660 DALLAS STREET COMMERCE CITY, CO 80640-8451 OTHER SOURCE BIDS - WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverettS.weld.gov coeisert@weld.00v ttavlor(Siweld.cgov Phone: (970) 400-4222, 4223 or 4454 START FINISH DATE DATE TOTAL 4/15/2024 8/15/2024 $95,000.00 Colorado State Pricing Agreements are also being reviewed. THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 2024-0525 T TL,0014 3/cl Hello