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Home My WebLink About20242248.tiffCunkva c&- (Dial322 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND SOUTH PAW ELECTRIC CORPORATION FOR PUBLIC WORKS ELECTRICAL EQUIPMENT AND LIGHTING UPGRADE THIS AGREEMENT is made and entered into this ,day of OCtt66,/2024, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and South Paw Electric Corporation, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2400118. 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. NpsoaF 10 n/7 4 Cc.' Od1baSC.C8el) i o/zizy V7L1-224% B C -I ccZCo 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 Department of Public Works 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 $65,738.47, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. A. Types of Insurance: 1) 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. 2) Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided fora minimum period of one (1) year following final acceptance. 3) 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. 4) 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: a. the Work includes Construction Surveying and/or Survey Monumentation and/or b. 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 i. Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, ii. Mix designs, iii. Contractor performed design work as required by the plans and Specifications, iv. Change Orders, or v. 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. 5) 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. 6) 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 7) 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. 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. 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. 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. 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. 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. 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). B. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. C. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. D. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. E. 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. F. 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. G. 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: South Paw Electric Corporation Position: Owner/President Address: 4433 NE Countyline Road Address: Erie, Colorado 80516 E-mail: rob@southpawelectric.com Phone: (303) 419-3710 County: Position: Patrick O'Neill Address: 1105 H Street Address: Greeley, Colorado 80631 E-mail: poneill@weld.gov 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 Immunly 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. 31. 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. 32. 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.] 33.Attomey'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. 34. 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. 35.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. CDNTRAGTOR: By: n Na eivr t otimai t. Title: t A& tilpt' to r Date of Signature WELD COU ATTEST: ...dio'& BOARD OF COUNTY COMMISSIONERS Weld ounty lerk to the : rkA ,►,WELD COU BY: Deputy Clerk to the Bo Kevin D. Ross, Chair OCT 0 2 2024 2020-22 S EXHIBIT A 7 - Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80601 Construction - Invitation for Bid (IFB) Cover Sheet Bid Number: Title: Issue Date: Pre -Bid Meeting: Pre -Bid Location: Questions Due: Questions email: Bid Due Date: Bid Delivery: For additional information: IFB Schedules Schedule A: Bid Instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance & Bonds B2400118 Public Works Electrical Equipment and Lighting Upgrade July 24, 2024 August 7, 2024, at 9:00am Weld County Facilities, 1105 H Street, Greeley CO August 14, 2024 by 5:00pm bids©weld.gov August 21, 2024, by 10:00am, Purchasing's Clock Preferred email to bids@weld.gov or hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 bids©weld.gov Documents Included in this Bid Package Schedule F: Weld County Contract IFB Attachments Attachment 1 — Facilities Project Documents Attachment 2 — Project Drawings Table of Contents Construction - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Schedule A - Bid Instructions 3 Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 Schedule B - Scope of Work 5 P roject Overview 5 Method of Procurement 5 Delivery Method 5 P ricing Method 5 P roject Scope 5 Schedule C - Project Schedule 8 Schedule 8 Schedule D - Bid Form 9 Bid Submittal Instructions 9 Fees 9 Attestation 9 Schedule E — Insurance and Bonds 11 Insurance 11 Bonds 12 Insurance Mailing Information 12 Schedule F - Weld County Contract 14 Contractual Obligations 14 Weld County Standard Contract 14 Solicitation # B2400118 Page 2 Schedule A - Bid Instructions Purpose/Background The Board of County Ccmmissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: Weld County Public Works Electrical Equipment and Lighting Upgrade A Mandatory pre -bid conference will be held on August 7, 2024, at 9:00am at the Weld County Facilities Department located at 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: August 21, 2024, at 10:00am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 21, 2024 at 10:30 am. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 861 450 565# Bid Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Submission 1. PREFERRED: email bids to bidscweld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Introductory Information 1. Bids shall be type written or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the ircorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the Solicitation # B2400118 Page 3 word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 2. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. 3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms. Solicitation # B2400118 Page 4 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a turn -key lump sum project for the removal, replacement, and electrical additions per the project drawings (Attachment 2), and the project scope specific terms and conditions as outlined in this IFB. Method of Procurement Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an IFB the contract. Delivery Method Design -Bid -Build (DBB): Design -Bid -Build (DBB) is the traditional project delivery method in which County either designs or retains a designer to furnish complete design services. Then solicits bids (advertises) and awards a separate construction contract based on the designer's completed construction documents. In DBB, the agency "owns" the details/risks of design during construction and as a result, is responsible for the cost of any errors or omissions encountered in construction. Pricing Method Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not -to -exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs. Negotiated Price: Negotiated contract prices are fees provided and agreed upon between the County and the bidder. Project Scope The scope of this project is for electrical equipment and lighting upgraders and or additions for the Weld County Greeley Sand and Salt Shed, Fuel Station, and Public Works Facilities Building 1. Scope will include but not limited to the project drawings, project specific specifications and existing site conditions. FACILITIES PROJECT SPECIFIC TERMS AND CONDITIONS: 1. All submittals will need to be provided to the County project manager for review and approval no later than thirty (30) days after contract: execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the Solicitation # B2400118 Page 5 contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 4. It is the contractor's sole responsibility to ensure that the new equipment will fit all existing conditions of the space and building requirements. 5. Contractor is responsible for all material handling and deliveries. Weld County will not accept any deliveries made to the building. The contractor will use the work area(s) for any onsite storage that may be needed. 6. The contractor will provide a full-time superintendent or project manager on site while any work is being performed. 7. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors must clean or move materials or equipment that were not properly stored the contractor will assume all associated costs. 8. Contractor is responsible for replacing all hardscaping which includes but not limited to asphalt, concrete, and underground utilities. 9. Contractor is responsible for coordination with Weld County project manager and Weld County Public Works to schedule all work as to minimize the impact of the daily operations of the Weld County Public Works department. 10 Contractor is responsible for any equipment and or scaffolding that may be needed to complete all scopes of their work. 11 Public Works Salt/Sand shed houses stockpiles of sand and salt that is needed daily. These stockpiles will be in place and will not be moved to accommodate this project. Contractor will be responsible for working around and above these stockpiles as they deem necessary. PROJECT CLOSE OUT: 1. Contractor will provide two (2) complete sets of O&M manuals. 2. Contractor will provide all manufacturer's warranty documentation for all equipment. 3. Contractor will provide a detailed report for all craftsmanship and labor warranties. 4. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 5. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff. 6. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. WELD COUNTY FACILITIES DEPARTMENT STANDARD TERMS AND CONDITIONS: 1. All submittals will be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. Solicitation # B2400118 Page 6 4 RFI's are only to be sent through the County project manager RFI responses will ,be sent from the County project manager to the construction team Direct submissions to or responses from any other source will not be permitted If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed 5 All damages to building structure and finishes shall be repaired to original condition as a part of this contract 6 Contractor is responsible for all private and public locates 7 Project will be permitted through Weld County Fees for Weld County Building Permit will be waived Any other fees associated with this project will be paid for by the contractor Contractor is responsible for the coordination and scheduling of all inspections that are required The contractor will be responsible for having a qualified representative on site for any inspection 8 All electrical work will be done by a qualified State licensed electrician 9 Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost Any damages occurred will be the contractor's responsibility to repair or replace 10 All lifting and hoisting equipment shall be provided by the contractor as needed 11 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements 12 No bid bond is required for this project 13 Bids over $50,000 will require a payment (100%) and performance (100%) bond Performance and payment bonds must be submitted using an AIA-A312 bond form Other bond forms will not be accepted - 14 Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project 15 Contractor will be required to provide builders risk insurance in the amount of the bid 16 All trash and debris to be properly disposed of offsite Due to the space constraints of this project this will need to be done on a regular basis At no time will debris be allowed to accumulate 17 Weld County is a tax-exempt entity 18 Davis -Bacon and Buy American requirements are NOT required 19 Contractor will be required to enter a contract with Weld County for this service A standard Weld County contract is available'through the Weld County Purchasing department and is available for viewing upon request Solicitation # B2400118 Page 7 Schedule C - Project Schedule Schedule Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start July 24, 2024 July 24, 2024 August 7, 2024 August 14, 2024 August 21, 2024 September 9, 2024 September 23, 2024 October 21, 2024 Solicitation # B2400118 Page 8 Schedule D - Bid Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00am on August 21, 2024: 1) Schedule B- Scope of Work 2) Schedule D — Bid Form 3) W9, if applicable. 4) Any potential or future Addenda must be completed/acknowledged. 5) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project in the space below: Pricing Description Price $ Electrical Materials Electrical Labor Other (Describe) $ Total Lump Sum Cost $ The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request #B2400118. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement of Schedule E — Insurance and Bond 5. Acknowledgment of Schedule F — Weld County Contract 6. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 7. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Attestation Solicitation # B2400118 Page 9 Item Company Name Address Entry Phone Email FEIN/Federal Tax ID # CONTRACTOR By Name Title Date of Signature Solicitation # B2400118 Page 10 Schedule E — Insurance and Bonds Insurance 1. The Contractor shall furnish a certificate of insurance for commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability upon notification of award and prior to performance. Work shall not commence under this Agreement/Contract until the Contractor has submitted to the County, and received approval thereof, the certificate of insurance showing compliance with the following types and coverage of insurance. a. Commercial General Liability Insurance: to include products liability, completed operations, contractual, broad form property damage, and personal injury. Each Occurrence General Aggregate $1,000,000 $2,000,000 b. Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired, leased, or borrowed. Bodily Injury/Property Damage $1,000,000 (each accident) Personal Injury Protection Per Colorado Statutes c. Workers' Compensation Insurance: Per Colorado Statutes d. Professional Liability Insurance*: to include coverage for damages or claims for damages arising out of the rendering, or failure to render, any professional services. Each Occurrence $1,000,000 *This insurance requirement applies only to Contractors who are performing services under this Agreement as professionals licensed under the laws of the State of Colorado, such as physicians. lawyers, engineers, nurses, mental health providers, and any other licensed professionals. 2. The Contractor's commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability insurance policies and/or certificates of insurance shall be issued to include Weld County Government as an "additional insured" and shall include the following provisions: a. Underwriters shall have no right of recovery or subrogation against the County, it being the intent of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses resulting from the actions or negligence of the Contractor. b. The insurance companies issuing the policy or policies shall have no response against the County for payment of any premiums due or for any assessments under any form of any policy. Solicitation # B2400118 Page 11 c. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 3. If any of the said policies shall be or at any time become unsatisfactory to the County as to form or substance, or if a company issuing any such policy shall be or at any time becomes unsatisfactory to the County, the Contractor shall promptly obtain a new policy, submit the same to the Purchasing Division of Weld County for approval, and thereafter submit a certificate of insurance as herein provided. a. Upon failure of the Contractor to furnish, deliver, and maintain such insurance as provided herein, this Agreement/Contract, at the election of the County, may be immediately declared suspended, discontinued, or terminated. b. Failure of the Contractor to obtain and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement/Contract, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning indemnification. c. Contractor shall provide copies insurance coverage policies to the County department maintaining contract administration duties. These include initial policy, updated/changes to coverage, extensions, renewals, etc. 4. If the Contractor is a Joint Venture, then the respective parties thereto are each individually held fully responsible for completion of the project according to the terms of this Agreement. The parties thereto also have joint and several liabilities to the County for any liquidated damages assessed or for performance bond claims against the Joint Venture. The performance bond and all insurance required by this Agreement shall set forth the identity of each party to the Joint Venture. Bonds 1. For projects over $50,000 the following bonds are required: a. Performance Bond in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. b. Payment Bond (Labor and Materials) in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. 2. Surety companies executing bonds must appear on the U.S. Treasury Department's most current list (Circular 570) as amended and be authorized to transact business in the State of Colorado. 3. A 5% Retainage Fee will be held for Construction contracts over $150,000. 4. Bonds may be submitted on the Standard AIA form or Weld County Form. Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic Solicitation # B2400118 Page 12 correspondence or mail using the information below Email Project Manager Will Hopkins Email whopkins@weld gov Telephone (970) 400-2044 Mail Weld County Facilities Department ATTN Will Hopkins PO Box 758 Greeley, CO 80632 Solicitation # B2400118 Page 13 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time, but is part of the evaluation process and must be included. There may be negotiations on a project -by -project basis that provide further clarification. Weld County Standard Contract Below is the standard Weld County Contract for Construction. Agreement for construction services Between Weld County and [Contractor] For [Insert Name of Project] THIS AGREEMENT is made and entered into this [Insert] day of [Insert], 2024, by and between the Board of Weld County Commissioners, on behalf of the [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], 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 Solicitation # B2400118 Page 14 WHEREAS, Contractor 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. Bid Number] Exhibit B consists of Contractor's Response to County's Request for Bid. [Insert 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that 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 Department of Public Works 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 Solicitation # B2400118 Page 15 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 property 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 $[Insert], as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement Solicitation # B2400118 Page 16 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 Solicitation # B2400118 _ Page 17 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 1) 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 , 2) Commercial General Liability Insuranceincluding 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 3) 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 Solicitation # B2400118 Page 18 4) 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 ' a the Work includes Construction Surveying and/or Survey Monumentation and/or b 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 Shop drawings and, working drawings as defined in subsection 105 25 of the Specification's, , , - u' Mix designs, iii Contractor performed design work as required by the plans and Specifications, iv Change Orders, or = v 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 byseason 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 - - 5) 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 6) 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,maste 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 Solicitation # B2400118 - Page 19 7) 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 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 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 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 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 nsk associated with any and all loss resulting from flood events during construction 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 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) B The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy Solicitation # B2400118 Page 20 C For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier D Proof of Insurance Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured E 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 F 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 G 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 Solicitation # B2400118 Page 21 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: [Insert] Position: Address: Address: E-mail: Phone: [Insert] [Insert] [Insert] [Insert] [Insert] County: Position: [Insert] Solicitation # B2400118 Page 22 Address: Address: E-mail: Phone: [Insert] [Insert] [Insert] [Insert] 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 SUC1 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 Solicitation # B2400118 Page 23 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 31 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 Solicitation # B2400118 Page 24 32 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] 33 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 34 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 35 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 v CONTRACTOR By Name Title WELD COUNTY ATTEST ' Weld County Clerk to the Board Date of Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO , Solicitation # B2400118 Page 25 BY: Deputy Clerk to the Board [Insert Name], Chair Solicitation # B2400118 Page 26 Weld County Public Works Electrical Equipment & Lighting Upgrade Addendum #1 B2400118 - QUESTION & ANSWERS 1. Question: Is it going to be the responsibility of the contractor with the winning bid to cut, remove and pour the concrete? Answer: Yes, all associated scopes of work shall be included in the contractors bid. 2. Question: If so, is it okay to meet my contractor on site to get an accurate number from him on what the cost of that would be? Answer: Weld County will not host another job site walk. But this site is open and can be visited. ***We need signed copy on file. Thank You!*** Addendum received by: South Paw Electric Corp FIRM 4433 NE Countyline Rd ADDRESS Erie, CO 80516 CITY AND STATE Diejlt•+t► tap Km try Rata! Rases Robert Rankin °e, Owe: 2024 08 10 07 21 29-0600' BY rob@southpawelectric.com EMAIL August 15, 2024 EXHIBIT B Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80601 Construction - Invitation for Bid (IFB) Cover Sheet Bid Number: Title: Issue Date: Pre -Bid Meeting: Pre -Bid Location: Questions Due: Questions email: Bid Due Date: Bid Delivery: For additional information: IFB Schedules Schedule A: Bid Instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance & Bonds B2400118 Public Works Electrical Equipment and Lighting Upgrade July 24, 2024 August 7, 2024, at 9:00am Weld County Facilities. 1105 H Street. Greeley CO August 14, 2024 by 5:00pm bids(c�weld.gov August 21; 2024, by 10:00am, Purchasing's Clock Preferred email to bids weld.gov or hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 bidsRweld.gov Documents Included in this Bid Package Schedule F. Weld County Contract IFB Attachments Attachment 1 — Facilities Project Documents Attachment 2 — Project Drawings Table of Contents Construction - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package IFB Schedules 1 IFB Attachments 1 Schedule A - Bid Instructions ,, , ,.. 3 Purpose/Background ..,, 3 Bid Advertisement 3 Bid Submission 3 Introductory Information .... 3 Cooperative Purchasing 4 Schedule B - Scope of Work 5 Project Overview 5 Method of Procurement 5 Delivery Method 5 Pricing Method 5 Project Scope 5 Schedule C - Project Schedule 8 Schedule 8 Schedule D - Bid Form 9 Bid Submittal Instructions 9 Fees g Attestation g Schedule E — Insurance and Bonds 11 Insurance 11 Bonds 12 Insurance Mailing Information 12 Schedule F - Weld County Contract 14 Contractual Obligations 14 Weld County Standard Contract 14 Solicitation # B2400118 Page 2 Schedule A - Bid Instructions Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: Weld County Public Works Electrical Equipment and Lighting Upgrade A Mandatory pre -bid conference will be held on August 7, 2024, at 9:00am at the Weld County Facilities Department located at 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: August 21, 20242 at 10:00am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 21, 224 at 10:30 am. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 861 450 565# Bid Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Submission 1. PREFERRED: emailbidstobids@sweld.gov Ifyourbidexceeds25MBpleaseuploadyour bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Introductory Information 1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the Solicitation # B2400118 Page 3 word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initiated by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail. and signed by the Bidder. 2. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein.. failure to do so will be at the bidders' risk. 3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids. to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may. at their discretion. agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms. Solicitation # B2400118 Page 4 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a turn -key lump sum project for the removal, replacement,. and electrical additions per the project drawings (Attachment 2), and the project scope specific terms and conditions as outlined in this IFB. Method of Procurement Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation s terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an IFB the contract. Delivery Method Design -Bid -Build (DBB): Design -Bid -Build (DBB) is the traditional project delivery method in which County either designs or retains a designer to furnish complete design services. Then solicits bids (advertises) and awards a separate construction contract based on the designer's completed construction documents. in DBB, the agency "owns" the details/risks of design during construction and as a result, is responsible for the cost of any errors or omissions encountered in construction. P ricing Method Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as aprice of the project. Lump Sum requires the proposals to include a fixed, not -to -exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs. N egotiated Price: Negotiated contract prices are fees provided and agreed upon between the County and the bidder. P roject Scope The scope of this project is for electrical equipment and lighting upgraders and or additions for the Weld County Greeley Sand and Salt Shed, Fuel Station, and Public Works Facilities Building 1. Scope will include but not limited to the project drawings, project specific specifications and existing site conditions. FACILITIES PROJECT SPECIFIC TERMS AND CONDITIONS: 1. All submittals will need to be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the Solicitation # B2400118 Page 5 contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 4. It is the contractor's sole responsibility to ensure that the new equipment will fit all existing conditions of the space and building requirements. 5. Contractor is responsible for all material handling and deliveries. Weld County will not accept any deliveries made to the building. The contractor will use the work area(s) for any onsite storage that may be needed. 6. The contractor will provide a full-time superintendent or project manager on site while any work is being performed. 7. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors must clean or move materials or equipment that were not property stored the contractor will assume all associated costs. 8. Contractor is responsible for replacing all hardscaping which includes but not limited to asphalt, concrete, and underground utilities. 9. Contractor is responsible for coordination with Weld County project manager and Weld County Public Works to schedule all work as to minimize the impact of the daily operations of the Weld County Public Works department. 10. Contractor is responsible for any equipment and or scaffolding that may be needed to complete all scopes of their work. 11. Public Works Salt/Sand shed houses stockpiles of sand and salt that is needed daily. These stockpiles will be in place and will not be moved to accommodate this project. Contractor will be responsible for working around and above these stockpiles as they deem necessary. PROJECT CLOSE OUT: 1. Contractor will provide two (2) complete sets of O&M manuals. 2. Contractor will provide all manufacturer's warranty documentation for all equipment. 3. Contractor will provide a detailed report for all craftsmanship and labor warranties. 4. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 5. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff. 6. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. WELD COUNTY FACILITIES DEPARTMENT STANDARD TERMS AND CONDITIONS: 1. All submittals will be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. Solicitation # B2400118 Page 6 4 RFI's are only to be sent through the County project_ manager RFI responses will be sent from the County project manager to the construction team Direct submissions to or responses from any other source will not be permitted If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed 5 All damages to building structure and finishes shall be repaired to onginal condition as a part of this contract 6 Contractor is responsible for all private and public locates 7 Project will be permitted through Weld County Fees for Weld County Building Permit will be waived Any other fees associated with this project will be paid for by the contractor Contractor is responsible for the coordination arid scheduling of all inspections that are required The contractor will be responsible for having a qualified representative on site for any inspection 8 All electrical work will be done by a qualified State licensed electrician 9 Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost Any damages occurred will be the contractor's responsibility to repair or replace 10 All-Iifting and hoisting equipment shall be'provided by the contractor as needed 11 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements 12 No bid bond is required for this project - - 13 Bids over $50,000 will require a payment (100%) and performance (100%) bond Performance ' and payment bonds must be submitted using an AIA-A312 bond form Other bond forms will not be accepted 14 Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project 15 Contractor will be required to provide builders risk insurance in the amount of the bid 16 All trash and debris to be properly disposed of offsite Due to the space constraints of this project this will need to be done -on a regular basis At no time will debris'be allowed to accumulate 17 Weld County is a tax-exempt entity 18 Davis -Bacon and Buy American, requirements are NOT required 19 Contractor will be required to enter a contract with Weld County for this service A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request - - Solicitation # B2400118 - - _ Page 7 Schedule C - Project Schedule Schedule Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start July 24, 2024 July 24, 2024 August 7, 2024 August 14, 2024 August 21, 2024 September 9, 2024 September 23, 2024 October 21, 2024 Solicitation # B2400118 Page 8 Schedule D - Bid Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline cf 10:00am on August 21, 2024: 1) Schedule B- Scope of Work 2) Schedule D — Bid Form 3) W9, if applicable. 4) Any potential or future Addenda must be completed/acknowledged. 5) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to incluce any of the above items upon submittal of your bid may result in your bid being incomplete. nor -responsive and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project in the space below: Pricing Description Price $28,129.29 Electrical Materials $16,559.40 Electrical Labor Other (Describe)sawcut asphalt, trench, patch asphalt, , $18,826.74 Concrete pole base, scissor lift and crane to set poles Bond $2,223.04 Total Lump Sum Cost $65,738.47 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request #B2400118. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement of Schedule E — Insurance and Bond 5. Acknowledgment of Schedule F — Weld County Contract 6. By suomitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 7. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that; in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Attestation Solicitation # B2400118 Page 9 •Item Entry Company Name: South Paw Electric Corp Address: 4433 NE Countyline Rd Erie, CO 80516 Phone 303-419-3710 Email: rob@southpawelectric.com 84-1337877 FEIN/Federal Tax ID #: CONTRACTOR: Maly vaned by Roben Rankin 0y C'US, E=raa @souu+pawefeanc corn By: Robert RankinSeance g Ranier U 242' $ 20_Cut c2 v-:•rn Name: Robert Rankin Title: Project Manger 8-20-24 Date of Signature Solicitation # B2400118 Page 10 Schedule E - Insurance and Bonds Insurance 1. The Contractor shall furnish a certificate of insurance for commercial general liability. comprehensive automobile liability, workers' compensation. and professional liability upon notification of award and prior to performance. Work shall not commence under this Agreement/Contract until the Contractor has submitted to the County, and received approval thereof, the certificate of insurance showing compliance with the following types and coverage of insurance. a. Commercial General Liability Insurance: to include products liability, completed operations, contractual, broad form property damage, and personal injury. Each Occurrence General Aggregate $1,000,000 $2,000.000 b. Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired, leased, or borrowed. Bodily Injury/Property Damage $1.000,000 (each accident) Personal Injury Protection Per Colorado Statutes c. Workers' Compensation Insurance: Per Colorado Statutes d. Professional Liability Insurance*: to include coverage for damages or claims for damages arising out of the rendering, or failure to render, any professional services. Each Occurrence $1,000,000 *This insurance requirement applies only to Contractors who are performing services under this Agreement as professionals licensed under the laws of the State of Colorado. such as physicians, lawyers, engineers. nurses, mental health providers, and any other licensed professionals. 2. The Contractor's commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability insurance policies and/or certificates of insurance shall be issued to include Weld County Government as an "additional insured" and shall include the following provisions: a. Underwriters shall have no right of recovery or subrogation against the County, it being the intent of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses resulting from the actions or negligence of the Contractor. b. The insurance companies issuing the policy or policies shall have no response against the County for payment of any premiums due or for any assessments under any form of any policy. Solicitation # B2400118 Page 11 c. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 3. If any of the said policies shall be or at any time become unsatisfactory to the County as to form or substance, or if a company issuing any such policy shall be or at any time becomes unsatisfactory to the County, the Contractor shall promptly obtain a new policy, submit the same to the Purchasing Division of Weld County for approval, and thereafter submit a certificate of insurance as herein provided. a. Upon failure of the Contractor to furnish, deliver, and maintain such insurance as provided herein, this Agreement/Contract, at the election of the County, may be immediately declared suspended, discontinued, or terminated. b. Failure of the Contractor to obtain and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement/Contract, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning indemnification. c. Contractor shall provide copies insurance coverage policies to the County department maintaining contract administration duties. These include initial policy, updated/changes to coverage, extensions, renewals, etc. 4. If the Contractor is a Joint Venture, then the respective parties thereto are each individually held fully responsible for completion of the project according to the terms of this Agreement. The parties thereto also have joint and several liabilities to the County for any liquidated damages assessed or for performance bond claims against the Joint Venture. The performance bond and all insurance required by this Agreement shall set forth the identity of each party to the Joint Venture. Bonds 1. For projects over $50,000 the following bonds are required: a. Performance Bond in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. b. Payment Bond (Labor and Materials) in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. 2. Surety companies executing bonds must appear on the U.S. Treasury Department's most current list (Circular 570) as amended and be authorized to transact business in the State of Colorado. 3. A 5% Retainage Fee will be held for Construction contracts over $150,000. 4. Bonds may be submitted on the Standard AIA form or Weld County Form. Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic Solicitation # B2400118 Page 12 correspondence or mail using the information below Email. Project Manager Will Hopkins Email whopkins@weld gov Telephone (970) 400-2044 Mail Weld County Facilities Department ATTN Will Hopkins PO Box 758 Greeley, CO 80632 Solicitation # B2400118 Page 13 Schedule F - Weld County Contract Contractual Obligations 1 The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein. including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time, but is part of the evaluation process and must be included. There may be negotiations on a project -by -project basis that provide further clarification. Weld County Standard Contract Below is the standard Weld County Contract for Construction. Agreement for construction services Between Weld County and [Contractor] For [Insert Name of Project] THIS AGREEMENT is made and entered into this [Insert] day of [Insert], 2024, by and between the Board of Weld County Commissioners, on behalf of the [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR]. 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 Solicitation # B2400118 Page 14 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. [Insert Bid Number]. 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. 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 Department of Public Works 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 Solicitation # 82400118 Page 15 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 $[Insert], as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement Solicitation # B2400118 Page 16 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 Solicitation # B2400118 Page 17 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: 1) 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. 2) 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. 3) 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. Solicitation # B2400118 Page 18 4) 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 - a the Work includes Construction Surveying and/or Survey Monumentation and/or b. 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 Iv v Shop drawings and working drawings as defined in subsection 105 25 of the Specifications, Mix designs, Contractor performed design work as required by the plans and Specifications, Change Orders, or Approved Value Engineering Proposals , 'The policy shall cover professional misconduct or lack of ordinary skill forthose' positions defined m'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 ' 5)' 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 6) -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 Solicitation # B2400118 - , Page 19 7) 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. 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. 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. 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. 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. 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. 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). B. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. Solicitation # B2400118 Page 20 C For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier D Proof of Insurance Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured E 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 F 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 G 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 Solicitation # B2400118 Page 21 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: [Insert] Position: [Insert] Address: [Insert] Address: [Insert] E-mail: [Insert] Phone: [Insert] County: Position: [Insert] Solicitation # B2400118 Page 22 Address: [Insert] Address: E-mail: [Insert] Phone: [Insert] [Insert] 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 lnterest/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 Solicitation # B2400118 Page 23 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. 31 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. Solicitation # B2400118 Page 24 32 Public Contracts for Services C R.S. §S-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] 33 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 34 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 35 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 Name Title WELD COUNTY ATTEST Weld County Clerk to the Board Date of Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Solicitation # B2400118 Page 25 BY: Deputy Clerk to the Board [Insert Name], Chair Solicitation # B2400118 Page 26 Form W-9 (Rev. March 2024) Department of the Treasury Internal Revenue Service Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of anti y:cri, 1. An entry le required. (Fora sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on Ilne 2.) South Paw Electric Corporation Request for Taxpayer identification Number and Certification Go to wwwdrsgov/Formt9 for Instructions and the latest information. Give form to the requester. Do not send to the IRS. GiG ia et A 2 Business name/disregarded entity name, If Moran t from above, 3e Check the appropriate box for federal tax elassltioaUon of the entityllndtvtdual chose name Is entered on line 1. Check only one of the laming seven boxes. ❑ Individual/sere proprietor 0 C corporation ❑✓ S corporation 0 Partnership 0 Trust/estate ❑ LLC. Enter the tax daeeiecatlon (C = C corporation, S = 2 corporation, P = Partnership) . Not. Check the "LLC" box above and, in the entry space, enter tiro appropriate coda (C, 8, or P) for the. dasetfbatlon of the LLC. unless R b s disregarded entity. A disregarded entity should Instead check the appropriate box for the tax olassiflcation of Its owner. ❑ Other (see Instruction) 96 If on line 3e you checked "Partnership" or "Trust/estate,° or checked "LLC" and entered "P" as its tax classification, and you are providing this form to a partnership, trust, or estate In which you have an ownership Interest, check ❑ this box If you have any foreign partners, owners, or benefictades. See Instructions 4 Exemptions (codes apply only to certain entitles, not individuals; see instructions on page 3): Exempt payee code (If any) Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if arty) (Applies to accounts maintained outside the United States) 6 Address (number, street, and apt. or suite no.). See Instructions. 4433 NE County Line Rd a City, state, and ZIP code Erie CO 80516 7 List account number(s) here (optional) Requester's name and address (optional) EMI _ Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For indMduels, this Is generally your social security number (SSN). However, for a mordent alien, sole proprietor, or disregarded entity, see the inshuottone for Part I, later. For other entities, It is your employer Identification number (EIN). If you do not have a number; see How to get a 77N, later. Note: If the account Is In more than one name, see the instructions for Ilne 1. See also What Name and Number To Give the Rewester for guidelines on whose number to enter. T ye Idettlt'ffcation Numb I Social entity tanber iii or Employer identification number B 4 3 7 8 7 Emu Certification Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am wafting fora number to be issued tome); and 2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been wetted by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a (allure to report all interest or dividends. or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3,1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have felled to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other then interest and dividends, you are n the cent• cation, but you must provide your correct TIN. See the Instructions for Part II, later. Sign ate enure or Here :gs person General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments, For the latest Information about developments related to Form W-9 and Its Instructions, such as legislation enacted atter they were published, go to www.lrs.gov/FormW9. What's New Line Sa has been modified to clarity how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, It should check the "LLC" box and enter its appropriate tax classification. Dasa 5 2 1- 2. 07'1 New line 3b has been added to this form. A flow -through entity is required to complete this line to Indicate that it has director Indirect foreign partners, owners, or beneficiaries when It provides the Form W-9 to another flow -through entity in which It has an ownership interest. This change is intended to provide a Row -through entity with information regarding the status of Its Indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that hes any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K -S (Font 1005). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you thls form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) ACORO® CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DD/YYYY) 9/19/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Network Insurance Services, LLC 8301E Prentice Ave, Ste 410 CONTACT NAME: PHONE FAX M No, E.: 303-805-5000 I (ac, No): 303-708-0202 nooeess: Certificates@thinkNIS.com Greenwood Village CO 80111 INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: MOUNTAIN STATES IND CO 10177 INSURED SOUTP31 South Paw Electric Corporation 4433 NE County Line Road INSURER B : PINNACOL ASSUR 41190 wSURER o: ASPEN SPECIALTY INS CO 10717 INSURER 0 : Erie CO 80516 INSURER E : INSURER F : ICATE NUMBER: 800358793 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS: LTR TYPE OF INSURANCE ADDL SUER INSR WVD POLICY NUMBER (MM DDYIYYYY) (MMIDD/YYYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE El OCCUR Y Y CPO9576862 6/1/2024 6/112025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL 8, ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY I<-1 JECT n LOC A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED _ AUTOS NN-0WNED _ AUTOS Y Y 1000178559 6/1/2024 6/1/2025 COMBINED SINGLE LIMIT (Ea accident) $1,000.000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAR EXCESS LIAR x OCCUR CLAIMS -MADE Y Y CXO9576862 6/1/2024 6/1/2025 EACH OCCURRENCE $ 0000,000 AGGREGATE $ 5,000,000 $ DED J X I RETENTION $ None B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICERIMEMBER EXCLUDED? Y❑ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y 010 4105735 6/1/2024 6/1/2025 X I TORY IMITS I I OER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A A C Leased/Rented E Anent Business Persona Property Contractors Pollution CPO9576862 CPO9576862 ER0128P24 6/1/2024 6/1/2024 9/18/2024 6/1/2025 6/102025 91782025 $500 Deductible $100,000 $1,000 Deductible $2,000 $1,000,000 Per Occ $2,000,000 Agg DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Owner -Trevor Parmenter is excluded from Work Comp. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County 1150 O St AUTHORIZED R RESENTATIVE Greeley CO 80631 ✓'�r✓��""�-v I ACORD 25 (2010/05) © 1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CPO9576862 May 7, 2024 (WF) POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CGD 20 33 05 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization whom you are required under a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to liability for "bodily injury" or "property damage" 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 at the site or location designated in the written contract or agreement. However, 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. The insurance afforded to such additional insured will not be broader than: a. The coverage you have agreed to provide in thewritten contract or agreement; or b. The coverage provided by this endorsement. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 1. This does not apply to "Bodily injury" or "property damage" occurring: Prior to the date the written contract or agreement was executed and in effect; b. After all work on the project (other than service, maintenance or repairs) to be performed at the site or location of the covered operations has been completed; or After 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. CGD 20330515 2. "Property damage" to: a. Property owned, occupied or used by; b. Property rented to, in the care, custody, or control of, or over which physical control is being exercised for any purpose by; or c. "Your work" for, such person or organization. 3. "Bodily injury" or "property damage" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services for you, for such person or organization, or for others, including: a. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs, drawings or specifications; and b. Supervisory, inspection, or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the rendering of or the failure to render any professional services. 4. Any "bodily injury" or "property damage" for which valid and collectible insurance is available under an Owners and Contractors Protective Liability policy that you have purchased. C. With respect to the Insurance provided by this endorsement, the following is added to SECTION III - LIMITS OF INSURANCE: 8. The most we will pay under the insurance provided by this endorsement is: a. The applicable limit of insurance to which you have agreed in the written contract or agreement to provide; or b. The applicable Limit of Insurance shown in the Declarations, whichever is less. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Donegal Insurance Group POLICY NUMBER: CPO9576862 May 7, 2024 (WF) D. With respect to the Insurance provided by this endorsement, Paragraph 4. Other Insurance as found under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, unless you have agreed in a written contract or agreement for this insurance to apply on either a: (1) Primary and non-contributory basis; or (2) Contributory basis. When this insurance is excess, we will have no duty under Coverage A to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. CGD 20 33 05 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Donegal Insurance Group Page 2 of 2 POLICY NUMBER: CPO9576862 May 7, 2024 (WF) POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CGD 90360119 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONSTRUCTION CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization whom you are required under a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed at the site or location designated in the written contract or agreement. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. The insurance afforded to such additional insured will not be broader than: a. The coverage you have agreed to provide in the written contract or agreement; or b. The coverage provided by this endorsement. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 1.This does not apply to "bodily injury" or "property damage" occurring prior to the date the written contract or agreement was executed and in effect. 2. "Bodily injury" or "property damage" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services for you, for such person or organization, or for others, including: a. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs, drawings or specifications; and b. Supervisory, inspection, or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the rendering of or the failure to render any professional services. 3. Any "bodily injury" or "property damage" for which valid and collectible insurance is available under an Owners and Contractors Protective Liability policy that you have purchased. C. With respect to the Insurance provided by this endorsement, the following is added to SECTION III - LIMITS OF INSURANCE: 8. The most we will pay under the insurance provided by this endorsement is: a. The applicable limit of insurance to which you have agreed in the written contract or agreement to provide; or b. The applicable Limit of Insurance shown in the Declarations, whichever is less. D. With respect to the Insurance provided by this endorsement, Paragraph 4. Other Insurance as found under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, unless you have agreed in a written contract or agreement for this insurance to apply either on a: (1) Primary and non-contributory; or (2) Contributory basis. When this insurance is excess, we will have no duty under Coverage A to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. CGD 90 36 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 Donegal Insurance Group POLICY NUMBER: CPO9576862 May 7, 2024 (WF) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. CGD 90 36 01 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Donegal Insurance Group POLICY NUMBER: CPO9576862 COMMERCIAL GENERAL LIABILITY CGD 09 08 0519 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS SILVER SERIES GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE* Coveraae Limit(s) of Insurance Page * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. CGD 09 08 0519 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 Donegal Insurance Group 05/25/2023 09:53:24 The following Coverages apply only if they are shown in the Schedule above. Each of the Coverages is subject to the limit of insurance associated with such Coverage in the Schedule. I. NON -OWNED WATERCRAFT COVERAGE A. Subparagraph g.(2) under paragraph 2. Exclusions as found in COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION I - COVERAGES) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge; B. With respect to COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY only, the following provision is added to SECTION II - WHO IS AN INSURED: 4. Any person is an insured with respect to a watercraft you do not own that is less than 51 feet long and is not being used to carry persons or property for a charge, while using such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft. However, no person or organization is an insured: a. With respect to "bodily injury" to a co - "employee" of the person operating the watercraft; b. With respect to "property damage" to property owned by, rented to, loaned to, occupied by, or otherwise in the care, custody or control of, you or the employer of any person who is insured under this provision; or c. If other insurance of any kind is available to that person or organization for this liability, unless such insurance was written to apply specifically in excess of this policy. II. BROADENED DAMAGE TO PREMISES RENTED TO YOU COVERAGE The following provisions apply only if a Limit of Insurance is shown in the Declarations for Damage To Premises Rented To You. If no Limit of Insurance is shown in the Declarations for Damage To Premises Rented To You, or if Damage To Premises Rented To You is shown as excluded, the following provisions do not apply. CGD 09 08 0519 A. Subparagraph j. Damage To Property under paragraph 2. Exclusions as found in COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION I - COVERAGES) is deleted and replaced by the following: j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; Property loaned to you; (3) (4) Personal property in the care, custody or control of the insured; That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". (5) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Donegal Insurance Group Page 2 of 8 05/25/2023 09:53:24 B. The last subparagraph under paragraph 2. Exclusions as found in COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION I - COVERAGES) is deleted and replaced by the following: Exclusions c. through e. and g. through n. do not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner. Exclusion f. does not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance and as provided under the Broadened Damage To Premises Rented To You Coverage. C. Subject to the Each Occurrence Limit Shown in the Declarations, the Limit of Insurance shown in the Schedule above for Broadened Damage To Premises Rented To You Coverage is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you or temporarily occupied by you with permission of the owner. The Limit of Insurance for Broadened Damage To Premises Rented To You Coverage shown in the Schedule above is in adcition to any Limit of Insurance shown in the Declarations for Damage To Premises Rented To You. III. ELECTRONIC DATA LIABILITY A. Subparagraph p. Electronic Data under paragraph 2. Exclusions as found in COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION I - COVERAGES) is deleted and replaced by the following: P. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to, or disclosure or theft of, any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, an individual's name, social security number, driver's license number, state identification number, credit card information, debit card information, account number, account histories, passwords, health information, medical information, or any other type of nonpublic information; or CGD 09 08 0519 (2) The loss of, loss of use of, damage to, corruption of, inability to access, inability to transmit or receive, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, monitoring expenses, forensic or investigation expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to SECTION III - LIMITS OF INSURANCE: Subject to 5. above, the Electronic Data Liability Limit shown in the Schedule above is the most we will pay under COVERAGE A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence". C. With respect to the insurance provided by this endorsement, the definition of "Property Damage" in the Definitions Section is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. "Property damage" does not include any loss, cost or expense to correct any defective, faulty or incorrect work performed by you or by any contractors or subcontractors working directly or indirectly on your behalf. For the purposes of this insurance, "electronic data" is not tangible property. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 Donegal Insurance Group 05/25/2023 09:53:24 D. With respect to the insurance provided by this endorsement, the following Definition is added to SECTION V - DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. IV. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B INCREASED LIMITS A. Subparagraph b. under paragraph 1. as found in SUPPLEMENTARY PAYMENTS - COVERAGES A AND B (SECTION I - COVERAGES) is deleted and replaced by the following: b. Up to the Limit of Insurance shown in the Schedule above for Supplementary Payments -Coverages A and B - Bail Bonds Increased Limit for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. B. Subparagraph d. under paragraph 1. as found in SUPPLEMENTARY PAYMENTS - COVERAGES A AND B (SECTION I - COVERAGES( is deleted and replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit". Expenses paid under this provision includes actual loss of earnings, up to the Limit of Insurance shown in the Schedule above for Supplementary Payments - Coverages A and B - Loss of Earnings Increased Limit, because of time off from work. V. BROAD FORM NAMED INSURED COVERAGE With respect to COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, the following provision is added to paragraph 1. as found in SECTION II - WHO IS AN INSURED: f. An organization other than a partnership, joint venture or limited liability company, your legally incorporated subsidiaries are insureds if you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement. CGD 09 08 0519 However, coverage under this provision does not apply to "bodily injury", "property damage", or "personal and advertising injury" with respect to which an insured under this policy, including any endorsement attached to and made a part of this policy, is also an insured under another policy, or would be an insured under such policy but for its termination or the exhaustion of the applicable limits of insurance, unless such policy was written to apply specifically in excess of this policy. VI. INCIDENTAL MALPRACTICE LIABILITY - NURSE, EMT OR PARAMEDIC COVERAGE Paragraph 2.a.(1)(d) as found in SECTION II - WHO IS AN INSURED is deleted and replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. This paragraph 2.a.(1)(d) does not apply to a nurse, emergency medical technician (EMT) or paramedic employed by you. VII. BROADENED NEWLY FORMED OR ACQUIRED ORGANIZATIONS COVERAGE Paragraph 3.a. as found in SECTION II - WHO IS AN INSURED is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; VIII.BROADENED WHO IS AN INSURED The following is added to SECTION II - WHO IS AN INSURED: The following is an additional insured: A. 1. Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Donegal Insurance Group Page 4 of 8 05/25/2023 09:53:24 However, such person or organization is not an insured with respect to any "occurrence" which takes place after the equipment lease expires. 2. Any person or organization (referred to below as vendor) with whom you agree in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to "bodily injury" or "property damage" caused, in whole or in part, by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (a) The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. CGD 09 08 0519 (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (4) or (6) above; or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (b) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Any person or organization but only with respect to their liability for "bodily injury" or "property damage" caused, in whole or in part, by your ongoing operations due to: (a) Their financial control of you; or (b) Premises they own, maintain or control while you lease or occupy these premises. However, the insurance afforded to such person or organization does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 4. Any person or organization but only with respect to liability for "bodily injury" or "property damage" as co-owner of a Described Premises shown in the declarations. 5. Any person or organization but only with respect to liability for "bodily injury" or "property damage" as grantor of a franchise or license to you. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Donegal Insurance Group Page 5 of 8 05/25/2023 09:53:24 6. Any person or organization but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your ongoing operations on that part of the land leased to you and shown in the Schedule. However, the insurance afforded to such person or organization does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land; (b) Structural alterations, new construction or demolition operations performed by or for that person or organization. 7. Any person or organization but only with respect to liability for "bodily injury" or "property damage" as a mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a Described Premises shown in the declarations. However, the insurance afforded to such person or organization does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 8. Any person or organization but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your ongoing operations performed in that part of the premises leased to you and shown as a Described Premises in the declarations. However, the insurance afforded to such person or organization does not apply to (a) Any "occurrence" which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new construction or demolition operations performed by or for that person or organization. 9. Any state or political subdivision, but only with respect to liability for "bodily injury" or "property damage". This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. B. The insurance afforded to such person or organization described in paragraph A. above only applies to the extent permitted by law. C. The insurance afforded to such person or organization described in paragraph A. above will not be broader than: 1. The coverage you have agreed to provide in the written contract or agreement; or 2. The coverage provided by this endorsement. D. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you ends. E. The insurance provided to such person or organization described in paragraph A. above does not apply to "bodily injury" or "property damage" occurring: 1. Prior to the date the written contract or agreement was executed and in effect; 2. After your contract or agreement with such additional insured ends; or 3. After the requirement in the written contract or agreement to add such person or organization as an additional insured on your policy ends. F. The insurance afforded to any additional insured is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, unless you have agreed in a written contract or agreement for this insurance to apply on either a: 1. Primary and non-contributory basis; or 2. Contributory basis. IX. MEDICAL EXPENSE INCREASED LIMIT The following provision applies only if a Limit of Insurance is shown in the Declarations for Medical Expense. If no Limit of Insurance is shown in the Declarations for Medical Expense, or if Medical Expense is shown as excluded, the following provision does not apply. Subject to the Each Occurrence Limit Shown in the Declarations, the Limit of Insurance shown in the Schedule above for Medical Expense Increased Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limit of Insurance for Medical Expense Increased Limit shown in the Schedule above is in addition to any Limit of Insurance shown in the Declarations for Medical Expense. CGD 09 08 0519 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 Donegal Insurance Group 05/25/2023 09:53:24 X. AMENDMENT OF GENERAL AGGREGATE LIMIT OF INSURANCE - PER PROJECT AND PER LOCATION A. With respect to COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE C. MEDICAL PAYMENTS only, the following provision is added to SECTION III - LIMITS OF INSURANCE: The General Aggregate as described in paragraph 2. under SECTION III - LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you and separately to each of your "locations" owned by or rented to you. However: 1. This Amendment of General Aggregate Limit of Insurance - Per Project and Per Location provision does not apply if a single "occurrence" under Coverage A, or a single accident under Coverage C, can be attributed to multiple projects or "locations". The General Aggregate Limit of Insurance shown in the Declarations will apply to the sum of all damages under Coverage A arising out of such "occurrence" and all medical expenses under Coverage C arising out of such accident; 2. This Amendment of General Aggregate Limit of Insurance - Per Project and Per Location does not apply to damages under Coverage B. The General Aggregate Limit of Insurance shown in the Declarations continues to apply to the sum of all damages under Coverage B, regardless of the number of projects or "locations"; B. With respect to the insurance provided by this endorsement, the following Definition is added to SECTION V - DEFINITIONS: "Locations" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. XI. KNOWLEDGE OF AN OCCURRENCE, OFFENSE, CLAIM OR SUIT Subparagraphs a. and b. under paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit as found in SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS are deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This Condition only applies when the "occurrence", offense, claim or "suit" is known to you (if you are an individual), to a partner (if you are a partnership), a manager (if you are a limited liability company), or an officer or insurance manager of a corporation (if you are a corporation). Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of an insured (other than a partner, manager, officer, or insurance manager) does not imply knowledge by the insured unless the insured has received notice from the agent, servant or "employee". b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Failure by an agent, servant or "employee" of an insured (other than a partner, manager, officer, or insurance manager) to notify us of an "occurrence", offense, claim or "suit" will not jeopardize your coverage. XII. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY The following is added to the paragraph 8. Transfer Of Rights Of Recovery Against Others To Us as found in SECTION IV - COMMERCIAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work" included in the "products -completed operations hazard" or your ongoing operations, subject to the following: a. You are required under a written contract to waive your rights to recover from that person or organization; and b. The written contract was executed and in effect before any injury or damage that would give rise to a claim under this Commercial General Liability Coverage Part. This waiver does not apply to any person who is an engineer or architect, or to any organization with respect to an engineer or architect employed by such organization, unless agreed to in writing by us. CGD 09 08 0519 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 Donegal Insurance Group 05/25/2023 09:53:24 XIII.UNINTENTIONAL FAILURE O DISCLOSE HAZARDS The following Condition is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: 10. Unintentional Failure To Disclose Hazards Any unintentional error or omission in the description of, or failure to completely describe, any premises or operations intended to be covered by this Coverage Part will not invalidate or affect coverage for those premises or operations. Such unintentional error or omission must be reported to us as soon as practicable after its discovery. This Condition does not affect our right to collect any additional premium associated with such unintentional error or omission or our right to cancel or non -renew this policy. XIV. CONTRACTUAL LIABILITY - RAILROADS Subparagraph f.(1) under the definition of "insured contract" as found in SECTION V - DEFINITIONS or as found in endorsement CG 24 26 AMENDMENT OF INSURED CONTRACT DEFINITION is deleted. XV. MOBILE EQUIPMENT REDEFINED Subparagraph 1.(1) under the definition of "mobile equipment" as found in SECTION V - DEFINITIONS is deleted and replaced by the following: (1) Equipment with a gross vehicle weight of 1000 pounds or more and designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning. CGD 09 08 0519 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Donegal Insurance Group Page 8 of 8 05/25/2023 09:53:24 POLICY NUMBER: 1000178559 May 20, 2024 (WF) COMMERCIAL AUTO CAD 09 04 01 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILVER SERIES PLUS BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE* Coverage Limits of Insurance * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. The following Coverages apply only if they are shown in the Schedule above. Each of the Coverages is subject to the limit of insurance associated with such Coverage in the Schedule. The following provisions apply only with respect to the insurance provided by the Business Auto Coverage Form. I. BROAD FORM NAMED INSURED AND NEWLY ACQUIRED OR FORMED ORGANIZATIONS COVERAGE The following provisions are added to subparagraph 1. Who Is An Insured under paragraph A. Coverage as found in SECTION II - COVERED AUTOS LIABILITY COVERAGE: d. Any organization, or any subsidiary of such organization, which is a legally incorporated entity of which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement with respect to any covered "auto". However, this paragraph A.1.d. does not apply to "accident" or "loss" with respect to which an "insured" under this policy is also an "insured" under another policy, or would be an "insured" under such other policy but for its termination or upon the exhaustion of its limits of insurance, unless such other policy was written to apply specifically in excess of this policy. CAD 09 04 01 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 6 Donegal Insurance Group POLICY NUMBER: 1000178559 May 20, 2024 (WF) Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as an insured if there is no other similar insurance available to that organization. However: (1) Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) Coverage under this provision does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you acquired or formed the organization. All provisions, exclusions and conditions applicable to you, except those pertaining to notice of cancellation or refusal to renew, as provided in this policy, including any endorsement attached to and made a part of this policy, apply with respect to the insurance provided to such newly acquired or formed organizations. II. SUPPLEMENTARY PAYMENTS INCREASED LIMITS A. Subparagraph a.(2) under paragraph 2. Coverage Extensions as found in paragraph A. Coverage (SECTION II - COVERED AUTOS LIABILITY COVERAGE) is deleted and replaced by the following: (2) Up to the limit of insurance shown in the Schedule above for Supplementary Payments - Bail Bonds Increased Limit for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. B. Subparagraph a.(4) under paragraph 2. Coverage Extensions as found in paragraph A. Coverage (SECTION II - COVERED AUTOS LIABILITY COVERAGE) is deleted and replaced by the following: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to the limit of insurance shown in the Schedule above for Supplementary Payments - Loss of Earnings Increased Limit, because of time off from work. III. BROADENED TOWING AND LABOR COSTS COVERAGE - ALL VEHICLE TYPES Subparagraph 2. Towing under paragraph A. Coverage as found in SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: 2. Towing And Labor Costs We will pay up to the limit of insurance shown in the Schedule above for Broadened Towing And Labor Costs Each Disablement for towing and labor costs incurred each time a covered "auto" is disabled. However, the labor must be performed at the place of disablement. With respect to disablement of covered "autos" other than of the private passenger type, the most we will pay for the total of all towing and labor costs during the policy period shown in the Declarations is the limit of insurance shown in the Schedule above for Broadened Towing And Labor Costs Aggregate Limit. IV. BROADENED TRANSPORTATION EXPENSES COVERAGE EXTENSION - ALL VEHICLE TYPES Subparagraph a. Transportation Expenses under paragraph 4. Coverage Extensions as found in paragraph A. Coverage (SECTION III - PHYSICAL DAMAGE COVERAGE) is deleted and replaced by the following: Transportation Expenses We will pay per day up to the limit of insurance shown in the Schedule above for Broadened Transportation Expenses Increased Limits Per Day, subject to the maximum limit of insurance shown in the Schedule above for Broadened Transportation Expenses Maximum Limit, for temporary transportation expense incurred by you because of the total theft of a covered "auto". We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". CAD 09 04 01 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 6 Donegal Insurance Group POLICY NUMBER: 1000178559 May 20, 2024 (WF) V. BROADENED LOSS OF USE EXPENSES COVERAGE EXTENSION Subparagraph b. Loss Of Use Expenses under paragraph 4. Coverage Extensions as found in paragraph A. Coverage (SECTION III - PHYSICAL DAMAGE COVERAGE) is deleted and replaced by the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is the limit of insurance shown in the Schedule above for Loss Of Use Expenses Per Day, subject to the maximum limit of insurance shown in the Schedule above for Loss Of Use Expenses Maximum Limit. VI. The following is added to paragraph A. COVERAGE (SECTION III - PHYSICAL DAMAGE COVERAGE): 5. Hired Auto Physical Damage If hired "autos" are covered "autos" for Liability Coverage under this policy and if Physical Damage Comprehensive Coverage, Physical Damage Specified Causes Of Loss Coverage, or Physical Damage Collision Coverage is provided under this policy for any "auto" you own, then such Physical Damage Coverages are extended to apply to "autos" you hire without a driver, subject to the following provisions: a. The most we will pay for any "accident" or "loss" under this Hired Auto Physical Damage Coverage is the lesser of: (1) The limit of insurance shown in the Schedule above for Hired Auto Physical Damage Coverage - Any One Accident Or Loss; (2) The actual cash value, which includes an adjustment for depreciation and physical condition in the event of a total "loss"; or CAD 09 04 01 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 6 Donegal Insurance Group (3) The cost of repairing or replacing the damaged or stolen hired "auto" with other property of like kind and quality, minus a $500 deductible. No deductible applies to "loss" caused by fire or lightning. b. Subject to the limit of insurance and deductible provisions provided in paragraph 5.a. above, we will provide coverage equal to the broadest Physical Damage Coverage applicable to any covered "auto" shown in the Declarations. c. This Hired Auto Physical Damage Coverage does not apply to any "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. d. This Hired Auto Physical Damage Coverage is excess over all other collectible insurance. 6. Rental Reimbursement Expenses We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss", other than total theft, to a covered "auto". We will pay rental reimbursement expenses only for those covered "autos": a. For which you carry either Comprehensive or Specified Causes of Loss Coverage if the "loss" arises from such coverage; or b. For which you carry either Collision Coverage if the "loss" arises from such coverage. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, when the covered "auto" is repaired or replaced or we pay for its "loss". This coverage does not apply while there are spare or reserve "autos" available to you for your operations. The most we will pay for rental reimbursement expenses under this Coverage Extension because of "loss" to a covered "auto" is the limit of insurance shown in the Schedule above for Rental Reimbursement Coverage. No deductibles apply to this coverage. If the Rental Reimbursement Coverage endorsement is also attached to and made a part of this policy, then the coverage provided under this Rental Reimbursement Expenses Coverage Extension will be excess over the insurance provided by the Rental Reimbursement Coverage endorsement. POLICY NUMBER: 1000178559 May 20, 2024 (WF) 7. Personal Effects Coverage We will pay up to the limit of insurance shown in the Schedule above for Personal Effects Coverage for loss to wearing apparel and other personal effects which are: a. Owned by an "insured"; and b. In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this coverage. The insurance provided by this Personal Effects Coverage provision is excess over any other collectible insurance covering such property. 8. Auto Loan/Lease Gap Coverage In the event of a total "loss" to a covered "auto" shown on the Declarations in the Schedule Of Covered Autos You Own, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. We will pay the unpaid amount due on the lease or loan only for those covered "autos": a. For which you carry either Comprehensive or Specified Causes of Loss Coverage if the "loss" arises from such coverage; or b. For which you carry either Collision Coverage if the "loss" arises from such coverage. VII. AIRBAG ACCIDENTAL DISCHARGE COVERAGE The following is added to subparagraph 3. under paragraph B. Exclusions as found in SECTION III - PHYSICAL DAMAGE COVERAGE: The exclusion for "loss" caused by or resulting from mechanical breakdown, as described in paragraph B.3.a. above, does not apply with respect to the accidental discharge of an airbag in a covered "auto" if the airbag is repaired or replaced in a manner acceptable to us. No deductible will apply to such "loss". VIII.REPLACEMENT COST OF A PRIVATE PASSENGER VEHICLE For a covered private passenger "auto" you own, paragraph C. Limits Of Insurance as found in SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following: If we deem a covered "auto" to be a total loss within 180 days of your purchase of the automobile new, and it has not been previously titled, at our option we may: 1. Replace the covered "auto" with a new auto of like make, model and year; or 2. Pay you an amount equal to the cost of the covered "auto" new, including taxes. IX. GLASS REPAIR DEDUCTIBLE WAIVER The following is added to paragraph D. Deductible as found in SECTION III - PHYSICAL DAMAGE COVERAGE: However, no deductible applies to glass damage if the glass is repaired in a manner acceptable to us instead of replaced. X. PARKED AUTO COLLISION DEDUCTIBLE A. The following is added to paragraph D. Deductible as found in SECTION III - PHYSICAL DAMAGE COVERAGE: However, in the event of "loss" caused by collision to a covered "auto" while such "auto" is in the care, custody or control of an "insured" and legally parked, the Collision Coverage deductible amount that will be applied to the "loss" will be $100, regardless of any deductible amount shown in the Declarations as applicable to such covered "auto". CAD 09 04 01 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 6 Donegal Insurance Group POLICY NUMBER: 1000178559 May 20, 2024 (WF) This Parked Auto Collision Deductible provision does not apply to the "loss" if: 1. The covered "auto" is occupied at the time of the "loss"; or 2. The covered "auto" is in the care, custody or control of any person or organization engaged in the business of selling, servicing, repairing or parking "autos". B. If the Exclusions section of any Uninsured Motorists Coverage endorsement or Underinsured Motorists endorsement attached to and made a part of this policy includes a provision excluding a stated dollar amount from the total amount of "property damage" as the result of any one "accident", such stated dollar amount is revised to be $100. XI. MULTIPLE DEDUCTIBLE PROVISION The following is added to paragraph D. Deductible as found in SECTION III - PHYSICAL DAMAGE COVERAGE: If a "loss" covered under this Coverage Part also involves a "loss" to other property from the same "accident", which is covered under a Commercial Property or Inland Marine Coverage Part issued by us or any member company of ours for you, only the highest deductible applicable to those coverages will be applied to the "accident". XII. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following provisions are added to subparagraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss under paragraph A. Loss Conditions as found in SECTION IV - BUSINESS AUTO CONDITIONS: d. Knowledge of an "accident", claim, "suit" or "loss" by an agent, servant or "employee" of an "insured" (other than an officer or insurance manager if you are a corporation, a partner if you are a partnership, or a manager if you are a limited liability company) does not imply knowledge of the "insured" unless the "insured" has received notice from the agent, servant or "employee". Failure by an agent, servant or "employee" of an "insured" (other than an officer or insurance manager if you are a corporation, a partner if you are a partnership, or a manager if you are a limited liability company) to notify us of an "accident", claim, "suit" or "loss" will not jeopardize your coverage. CAD 09 04 01 22 XIII. BLANKET WAIVER OF SUBROGATION The following is added to paragraph A. Loss Conditions 5. Transfer Of Rights Of Recovery Against Others To Us as found in SECTION IV - BUSINESS AUTO CONDITIONS: With respect to the insurance provided under SECTION II - COVERED AUTOS LIABILITY COVERAGE only, we waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto" if such ownership, maintenance or use of a covered "auto" is related to work or ongoing operations performed by you or on your behalf. This provision is also subject to the following: The work or ongoing operations performed by you or on your behalf have not yet been completed or abandoned and are being performed away from premises you own or rent; A. You are required under a written contract to waive your rights to recover from that person or organization; and B. The written contract was executed and in effect before any "accident", injury, loss or demand that would give rise to a claim under this Business Auto Policy. Under paragraph A. above, your work will be deemed completed at the earliest of when all the work called for in your contract has been completed, when all of the work to be done at a job site has been completed if your contract calls for work at more than one job site, or when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following provision is added to paragraph A. Loss Conditions as found in SECTION IV - BUSINESS AUTO CONDITIONS: 6. Unintentional Failure To Disclose Hazards We will not deny coverage under this policy because of an unintentional failure to disclose all exposures or hazards existing on the effective date of the Business Auto Policy or because of an unintentional error or omission in any of the information provided by you and relied upon by us in the issuance of this policy. However: Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 6 Donegal Insurance Group POLICY NUMBER: 1000178559 May 20, 2024 (WF) a. You must report the undisclosed exposure or hazard, or unintentional error or omission, to us as soon as practicable after its discovery; b. This provision does not affect our right to collect any additional premium associated with such unintentional failure or our right to cancel or non -renew this policy. XV. WORLDWIDE HIRED AUTO COVERAGE Subparagraph b.(5) under paragraph B. General Conditions 7. Policy Period, Coverage Territory as found in SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; CAD 09 04 01 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 6 of 6 Donegal Insurance Group COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA044911 16 B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". Copyright, Insurance Services Office, Inc., 2016 Page 1 of 1 POLICY NUMBER: 1000178559 COMMERCIAL AUTO CAD 09 31 01 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT - LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following provisions are added to subparagraph 1. Who Is An Insured under paragraph A. Coverage as found in SECTION II - COVERED AUTOS LIABILITY COVERAGE: d. (1) Any person or organization with whom you are required under a written contract, agreement, or permit to provide insurance such as is afforded under this policy, is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This does not apply to "bodily injury" or "property damage" occurring: (i) Prior to the date the written contract or agreement was executed and in effect; (ii) After your contract or agreement with such additional insured ends; or (iii) After the requirement in the written contract or agreement to add such person or organization as an additional insured on your policy ends. CAD 09 31 01 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 Donegal Insurance Group 05/16/2024 13:33:15 POLICY NUMBER: CXO9576862 May 20, 2024 (WF) POLICY NUMBER: COMMERCIAL LIABILITY UMBRELLA CUD 90 39 07 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED IN A WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV - Conditions is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard", subject to the following: a. You are required under a written contract to waive your rights to recover from that person or organization; and b. The written contract was executed and in effect before any injury or damage that would give rise to a claim under this Commercial Liability Umbrella Coverage Part. This waiver does not apply to any person who is an engineer or architect, or to any organization with respect to an engineer or architect employed by such organization, unless agreed to in writing by us. CUD 90 39 07 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 1 Donegal Insurance Group (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I - Coverage A - Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II - WHO IS AN INSURED 1. Except for liability arising out of the ownership, maintenance or use of "covered autos": a. If you are designated in the Declarations as: (1) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (2) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. (3) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. (4) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (5) A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. CU 00 01 12 07 b. Each of the following is also an insured: (1) Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (a) "Bodily injury" or "personal and advertising injury": (i) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" in the course of his or her employment or performing duties related to the conduct of your business or to your other "volunteer workers" while performing duties related to the conduct of your business; (ii) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (a)(i) above; or (iii) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (a)(i) or (ii) above. (b) "Property damage" to property: (i) Owned, occupied or used by, (ii) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). (2) Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. (3) Any person or organization having proper temporary custody of your property if you die, but only: (a) With respect to liability arising out of the maintenance or use of that property; and (b) Until your legal representative has been appointed. Copyright, ISO Properties, Inc., 2007 Page 8 of 15 05/25/2023 11:57:48 (4) Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: (1) Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership, maintenance or use of "covered autos": a. You are an insured. b. Anyone else while using with your permission a "covered auto" you own, hire or borrow is also an insured except: (1) The owner or anyone else from whom you hire or borrow a "covered auto". This exception does not apply if the "covered auto" is a trailer or semitrailer connected to a "covered auto" you own. (2) Your "employee" if the "covered auto" is owned by that "employee" or a member of his or her household. (3) Someone using a "covered auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a "covered auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a "covered auto" owned by him or her or a member of his or her household. (6) "Employees" with respect to "bodily injury" to any fellow "employee" of the insured arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business. c. Anyone liable for the conduct of an insured described above is also an insured, but only to the extent of that liability. CU 00 01 12 07 3. Any additional insured under any policy of "underlying insurance" will automatically be an insured under this 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 required by the contract, less any amounts payable by any "underlying insurance". Additional insured coverage provided by this insurance will not be broader than coverage provided by the "underlying insurance". No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made, "suits" brought, or number of vehicles involved; or c. Persons or organizations making claims or bringing "suits". 2. The Aggregate Limit is the most we will pay for the sum of all "ultimate net loss" under: a. Coverage A, except "ultimate net loss" because of "bodily injury" or "property damage" arising out of the ownership, maintenance or use of a "covered auto"; and b. Coverage B. 3. Subject to Paragraph 2. above, the Each Occurrence Limit is the most we will pay for the sum of all "ultimate net loss" under Coverage A because of all "bodily injury" and "property damage" arising out of any one "occurrence". 4. Subject to Paragraph 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all "ultimate net loss" because of all "personal and advertising injury" sustained by any one person or organization. 5. If there is "underlying insurance" with a policy period that is non -concurrent with the policy period of this Commercial Liability Umbrella Coverage Part, the "retained limit(s)" will only be reduced or exhausted by payments for: a. "Bodily injury" or "property damage" which occurs during the policy period of this Coverage Part; or b. "Personal and advertising injury" for offenses that are committed during the policy period of this Coverage Part. However, if any "underlying insurance" is written on a claims -made basis, the "retained limit(s)" will only be reduced or exhausted by claims for that insurance that are made during the policy period, or any Extended Reporting Period, of this Coverage Part. Copyright, ISO Properties, Inc., 2007 Page 9 of 15 05/25/2023 11:57:48 PINNIACOL ASSURANCE 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com South Paw Electric Corporation 4433 E County Line Road Erie, CO 80516 ENDORSEMENT: Blanket Waiver of Subrogation NCCI #: WC000313B Policy #: 4105735 Network Insurance Services, LLC- POBox 910 Castle Rock, CO 80104 (303) 708-9999 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date:Jme 1, 2024 Expires on: June 1, 2025 Pinnacol Assurance has issued this endorsement May 16, 2024 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P ROBERTSA - Underwriter 05/16/2024 15:04:26 4105735 83344546 359-B ntract Entity Information Entity Name * SOUTHPAW ELECTRIC Entity ID* @00042061 Q New Entity? Contract Name* Contract ID PUBLIC WORKS ELECTRICAL EQUIPMENT AND 8732 LIGHTING UPGRADES Contract Status CTB REVIEW Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * PROVIDE LIGHTING UPGRADES AT THE GREELEY SAND AND SALT SHED, FUEL SITE AND PUBLIC WORKS BUILDINGS Contract Description 2 Contract Type * CONTRACT Amount* $65,738.47 Renewable * NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 10/05/2024 GROUNDS 10/09/2024 Department Email CM- BuildingGrounds@weld.go Does Contract require Purchasing Dept. to be included? Department Head Email YES CM-BuildingGrounds- DeptHead@weld.gov Bid/RFP #* B2400118 Will a work session with BOCC be required?* NO County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 12/30/2024 Committed Delivery Date Renewal Date Expiration Date* 12/30/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 09/30/2024 Approval Process Department Head Finance Approver Legal Counsel PATRICK O'NEILL CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/30/2024 09/30/2024 09/30/2024 Final Approval BOCC Approved Tyler Ref # AG 100224 BOCC Signed Date Originator CNAIBAUER BOCC Agenda Date 10/02/2024 August 26, 2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neil Subject: Public Works Electrical Equipment & Lighting Upgrade — 82400118 As advertised this bid is for the Public Works Electrical Equipment and Lighting upgrade. Southpaw Electric Corporation was low bid and meets specifications. Therefore, the Facilities Department is recommending the award to Southpaw Electric Corporation in the amount of $65,738.47. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neil Facilities Director q/9 ZoZufZZt Boo a WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverettna,weld.gov cgeisertaweld.gov ttaylora,weld.gov Phone: 970-400-4222, 4223 or 4454 DATE OF BID: AUGUST 21, 2024 REQUEST FOR: PUBLIC WORKS ELECTRICAL EQUIPMENT & LIGHTING UPGRADES DEPARTMENT: FACILITIES BID NO: B2400118 PRESENT DATE: AUGUST 26, 2024 APPROVAL DATE: SEPTEMBER 9, 2024 VENDOR South Paw Electric Corp 4433 NE Countyline Road Erie, CO 80516 Walton Electric Inc. 8055 W. 48th Avenue Wheat Ridge, CO 80033 Merit Electric Inc. 2590 Midpoint Drive Fort Collins, CO 80525 Growling Bear Co Inc 2330 4th Avenue Greeley, CO 80631 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. TOTAL PRICE $65,738.47 $72,527.00 $88,930.00 $156,736.00 ZoLA-2Z4 S �C-� 0OZ to Hello