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Home My WebLink About20252460.tiffCo Iva&1t c\1 August 25, 2025 FACILITIES DEPARTMENT (970) 400-2020 1105 H St., P.O. Box 758 Greeley, CO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Keenesburg Grader Shed - 103 As advertised this bid is for a new grader shed for the Weld County Public Works Department. The low bid is from TCC Corporation and meets the specifications. Therefore, the Facilities Department is recommending the award to TCC Corporation in the amount of $1,296,684.00. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Facilities Director Cbrw+ 149tn q/z vzs LC' Cm base (Bei) ;)u.t, /22/2 262.5-n00 BC-, 0c 2�1 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND TCC CORPORATION FOR KEENESBURG GRADER SHED THIS AGREEMENT is made and entered into this 2 day of September 2025, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department hereinafter referred to as "County," and TCC Corporation, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State t5f 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 be based upon order of attachment. Exhibit A consists of County's Invitation for Bid (IFB) as set forth in Bid Package No. B2500103. 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 Form Revision 5-2025 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 i 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 Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust 2 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 $1,296,684.00, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the 3 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. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 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 4 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. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self- insurance carried by the County. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. 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 5 before the contract date or the first date when any goods or services were provided to County, whichever is earlier. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. The insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Subcontractors Contractors' certificate(s) shall include all subcontractors as additional insureds under its policies or subcontractors shall maintain separate insurance as determined by the Contractor, however, subcontractor's limits of liability shall not be less than $1,000,000 per occurrence / $2,000,000 aggregate. Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Proof of Insurance Contractor shall provide to County a Certificate of Insurance (COI). The County, in its discretion, may accept other forms of proof of insurance. The Certificate of Insurance shall name "Weld County, Colorado, its elected officials, its subsidiary, associated and/or affiliated entities, successors, or assigns, employees, agents, and volunteers to be named as an additional named insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". 6 In the County's sole discretion, the County may ask to examine a policy, an endorsement, or other proof of insurance if there is a question on coverage. Such examination is deemed confidential, and the document is not kept in the record, but simply examined to confirm coverage is present. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance. 1) Workers' Compensation and Employer's Liability Insurance 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. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers' Liability) $ 100,000 $ 100,000 $ 500,000 2) Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, departments, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations." Such policy shall include minimum limits as follows: Each Occurrence $ 2,000,000 General Aggregate $ 4,000,000 Products/Completed Operations Aggregate $ 4,000,000 Personal Advertising Injury $ 2,000,000 Fire Damage (Any One Fire) $ 100,000 Medical Payments (Any One Person) $ 10,000 7 Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. 3) Automobile Liability: Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Bodily injury and property damage for any owned, hired, and non -owned vehicles used in the performance of this contract. The County is to be endorsed as an additional insured on policy for Automobile Liability with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations. 4) Professional Liability: Contractor shall maintain Professional Liability Insurance 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 provided by the Contractor as part of the Contract. The policy/coverages shall be amended to include the following: a. Coverage shall apply for three (3) years after project is complete. b. Policy is to be on a primary basis, if other professional coverage is carried. Per Loss Aggregate $ 2,000,000 $ 4,000,000 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 8 exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 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. a. 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. b. 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. c. 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. d. 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. e. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any 9 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. f. 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). g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. Additional Insurance Related Requirements No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract or decrease or limit any 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. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the certificate, "Weld County, its associated and/or affiliated entities, successors, or assigns; its elected officials, employees, agents, and volunteers as Additional Insureds" for Commercial General Liability and Auto Liability for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the 10 Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a copy of the actual insurance policy and/or required endorsements effecting coverage(s) required by the Contract for examination for evidence of required coverages. Copies are not kept as a record, are deemed confidential, and are not subject to disclosure under Colorado's Open Records Act (CORA). All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attomev's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 14. Mutual Cooperation. The County and Contractor shall cooperate with each other in the colection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 15. Indemnity. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend County, its officers, agents, employees, associated and/or affiliated entities, successors, or assigns its elected officials, trustees, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, from all suits and claims, including attorneys fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. 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, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for 11 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. 16. 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. 17. 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. 18. 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. 19. 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: TCC Corporation Name: Ernie Crownover Position: President Address: 6820 Powell St. Address: Loveland, CO 80538 12 E-mail: ecrownover@tcccorp.net Phone: 970-460-053 County: Position: Patrick O'Neill Address: 1105 H Street Address: Greeley, CO 890631 E-mail: poneill@weld.gov Phone: 970-400-2023 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 13 27. Non -Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as from time to time amended or otherwise available to the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns; or its elected officials, employees, agents, and volunteers. 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 as applicable now or hereafter amended. 28. 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. 29. 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. 30. 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. 31. No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall otherwise comply with all other requirements of federal or state law, including employment verification requirements contained within state or federal grants or awards funding public contracts. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. 14 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. 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).] 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: TGC, CoRPoQATIoW/ B Name: 6,2,44 oyez -- Title: —Vice ?t s'OUU" �z LS Dat of ignature 15 WELD COUNTY: ATTEST: dj,,� .x,do;ok. BOARD OF COUNTY COMMISSIONERS Weld ounty lerk to the Board W • COUNTY, COLORADO 'fad BY: Deputy Clerk to the =oar Perry L. uck, Chair 16 Str 2 2 2025 2oZ5-24100 Exhibit A Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 Construction - Invitation for Bid (IFB) Cover Sheet Bid Number: B2500103 Title: Keenesburg Grader Shed Advertisement Date: July 24, 2025 Pre- Bid Meeting: August 5, 2025, at 1:00 PM Pre- Bid Location: 31168 County Road 6 Keenesburg CO Questions Due: August 12, 2025, by 5:00 PM Questions Posted: August 13, 2025, by 5:00 PM Questions email: bids(@weld.gov Bid Due Date: August 19, 2025, by 10:00 AM, Purchasing's Clock Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Schedules Schedule A: Bid Instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance & Bonds Schedule F: Weld County Contract IFB Attachments Attachment 1 — Project Drawings Attachment 2 — Geotechnical Report Attachment 3 — Septic Design Attachment 4 — Project Specifications Form Revision 6-2025 Table of Contents Construction - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Table of Contents 2 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 6 Project Overview 6 Method of Procurement 6 Delivery Method 6 Pricing Method 6 Specific Requirements and Responsibilities 6 Schedule C - Procurement Schedule 10 Schedule D - Bid Response Form 11 Bid Submittal Instructions 11 Fees 11 Attestation 11 Schedule E — Insurance and Bonds 13 Insurance 13 Bonds 17 Insurance Mailing Information 17 Schedule F - Weld County Contract 19 Contractual Obligations 19 Weld County Standard Contract 19 Solicitation # B2500103 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: Keenesburg Grader Shed A Mandatory pre -bid conference will be held on August 5, 2025, at 1:00PM at the Future Site of Keenesburg Grader Shed located at, 31168 County Road 6 Keenesburg CO. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: August 19, 2025 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call August 19, 2025 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. Microsoft Teams Join the meeting now Meeting ID: 218 139 005 625 9 Passcode: Uq39FT2b By Phone +1 720-439-5261„872612565# United States, Denver Phone conference ID: 872 612 565# 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 bids(B weld.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 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 authorized person. 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 Solicitation # B2500103 Page 3 representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County 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 Solicitation # B2500103 Page 4 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 # B2500103 Page 5 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a turn -key lump sum project for a vendor to provide a Grader Shed in Keenesburg Colorado for Weld County's Public Works Department. 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 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. Specific Requirements and Responsibilities The scope of this project is for construction management and general contracting services per this invitation for bid and attachments which include the project documents and drawings to build the new ground up grader shed facility in Keenesburg Colorado. The following are this project specific requirements. 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 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 # B2500103 Page 6 4. 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. 5. The contractor will provide a full-time superintendent or project manager on site while any work is being performed. 6. 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 have to clean or move materials or equipment that were not properly stored the contractor will assume all associated costs. 7. Contractor is responsible for coordination for all site utilities. Weld County will pay all applicable plant investment fees. 8. Contractor will be responsible for providing a complete fuel system including all equipment, programming, and coordination with Weld County project manager per the specifications and requirements in the attachments and this IFB. 9. Contractor is responsible for all winter protection, including but not limited to all soils. 10. Contractor is responsible for coordination with Weld County building department and the local city and fire municipalities. 11. Contractor is responsible for providing a complete access control system. This includes but is not limited to all pathways, conduits, door prep, hardware, Keypad card readers, door proximity sensors, programming, and any other component to provide a fully operational system that ties into Weld County's existing access control system. Access control is to be the ICT Prot�g� GX Enterprise system. Substitutes will not be accepted. Installers must be ICT GX Certified. Contractor is responsible for providing all head unit equipment, HES electric door strikes, ICT card reader with keypad, door switch, pathway, wiring, and all components needed to provide a complete system. Doors with access control include the following. 101A, 101C, 101F, and 105. Access Control Panel to be located in room 105. 12. Contractor will be responsible for providing a complete test and balance report after installation of the new mechanical equipment and systems. 13. Contractor is responsible for all private and public locates for the entirety of this project. 14. Gas Detection systems must be Setpoint Systems or Johnson Controls. Coordination for the HVAC system and Gas Detection system is the responsibility of the contractor, and all associated cost shall be included in this bid. 15. Contractor is responsible for all backing requirements. Any surface mounted piece of equipment must have at minimum 3/4" plywood as backing. 16. Contractor is responsible for providing their own construction office if they deem one is needed. 17. Contractor must submit daily logs or project updates to the Weld County project manager on a weekly basis at a minimum. 18. Contractor is responsible for maintaining existing site conditions including all areas that are not disturbed during the construction process. All existing site conditions including but not limited to soils, grading, stormwater, and vegetation must be restored to original condition. 19. Contractor is responsible for coordinating the final location of all electrical and data outlets prior to installation of rough in boxes with the Weld County project manager and IT representative. 20.Air Compressor is to be Contractor Furnished Contractor Installed. Compressor shall be Ingersoll Rand UP6-10-125. This compressor shall be ordered in single phase and coordinated with the electrical design and requirements. Contractor is responsible for all electrical connections. 21. Propane tank is owner furnished and contractor installed. Contractor to provide necessary products such as pavers to level the propane tank. 22. Contractor to provide Schedule 80 bollards throughout the project. Weld County to specify Solicitation # B2500103 Page 7 paint color in the submittal process. 23. Emergency Diesel Generator specified on E0.5 must be one of the following manufacturers: Cummins, Kohler, Generac. 24. Contractor is responsible for providing a fully functional well system. This includes but not limited to drilling of well, steel casing, grouting, electrical, cistern, pressure tank, and pumping system. The well will be required to produce 18 gallons per minute for a total of 6 fixtures. Well contractor to provide proposed locations for all equipment and a fully designed system to meet the needs of this facility. All permits to be obtained by the contractor. Contractor is responsible for all State of Colorado permit regulations and requirements. General Contractor is responsible for all plumbing and electrical connections. Additionally but not limited to well development, well plumbness and alignment survey, well videos, well disinfection, startup, and well testing to be included within the bid price. Site restoration, match grade and revegetation. 25. Contractor is responsible for developing and maintaining a storm water management plan per the project documents and all local EPA and State of Colorado requirements. Contractor must complete all requirements and submit via CEOS website. Contractor is responsible for and will be the operator for all associated permits and will be responsible for all violations/fines for non- compliance with the regulatory requirements. 26. Contractor will provide two (2) complete sets of O&M manuals. 27. Contractor will provide two (2) complete sets of as-builts along with a digital file. 28. Contractor will provide all manufacturer's warranty documentation for all equipment. 29. Contractor will provide a detailed report for all craftsmanship and labor warranties. 30. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 31. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff. 32. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 33. 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 34.AII damages to building structure and finishes shall be repaired to original condition as a part of this contract. 35. Contractor is responsible for all private and public locates. 36. 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. 37.All electrical work will be done by a qualified State licensed electrician. 38.AlI plumbing work will be done by a qualified State licensed plumber. 39.All mechanical work will be done by a qualified State Licensed technician. 40.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. 41.AIl lifting and hoisting equipment shall be provided by the contractor as needed. 42. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 43. Bid bond is required for this project. 44. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 45. Contractor will be required to provide builders risk insurance in the amount of the bid. 46.AlI 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 Solicitation # B2500103 Page 8 accumulate. 47. Weld County is a tax-exempt entity. 48. Davis -Bacon and Buy American requirements are NOT required. 49.Contractor is to provide lien waivers with each pay application. Solicitation # B2500103 Page 9 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date Pre -Proposal Meeting (Mandatory) July 24, 2025 August 5, 2025, at 1:00 PM 31168 County Road 6 Keenesburg CO Technical Questions Due August 12, 2025, by 5:00 PM Technical Questions email bids(a�weld.gov Questions Answered via Addendum August 13, 2025 Proposals Are Due August 19, 2025, by 10:00 AM Purchasing's Clock Solicitation Notice of Award (Anticipated) August 25, 2025 Contract Execution (Anticipated) September 8, 2025 Solicitation # B2500103 Page 10 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline. 1) Schedule D — Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. 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 below: Description Civil $ $ $ $ $ $ $ $ Price Architectural Mechanical Electrical Plumbing General Conditions Water Well System Other Total Lump Sum Cost Attestation $ 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 No. B2500103. 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 that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance and Bond 6. Acknowledgment of Schedule F — Weld County Contract 7. 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. 8. 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. Item Entry Solicitation # B2500103 Page 11 Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Title: Date of Signature Solicitation # B2500103 Page 12 Schedule E — Insurance and Bonds Insurance Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance. 1) Workers' Compensation and Employer's Liability Insurance 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. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers' Liability) $ 100,000 $ ' 100,000 $ 500,000 2) Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, departments, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations." Such policy shall include minimum limits as follows: Each Occurrence $ 2,000,000 General Aggregate $ 4,000,000 Products/Completed Operations Aggregate $ 4,000,000 Personal Advertising Injury $ 2,000,000 Fire Damage (Any One Fire) $ 100,000 Medical Payments (Any One Person) $ 10,000 Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. Solicitation # B2500103 Page 13 3) Automobile Liability: Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Bodily injury and property damage for any owned, hired, and non -owned vehicles used in the performance of this contract. The County is to be endorsed as an additional insured on policy for Automobile Liability with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations. 4) Professional Liability: Contractor shall maintain Professional Liability Insurance 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 provided by the Contractor as part of the Contract. The policy/coverages shall be amended to include the following: a. Coverage shall apply for three (3) years after project is complete. b. Policy is to be on a primary basis, if other professional coverage is carried. Per Loss Aggregate $ 2,000,000 $ 4,000,000 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. Solicitation # B2500103 Page 14 Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 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. a. 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. b. 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. c. The Buiders' 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. d. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall nclude 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. e. The Buiders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. 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. Solicitation # B2500103 Page 15 f. 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). g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. Additional Insurance Related Requirements No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract or decrease or limit any 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. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the certificate, "Weld County, its associated and/or affiliated entities, successors, or assigns; its elected officials, employees, agents, and volunteers as Additional Insureds" for Commercial General Liability and Auto Liability for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a copy of the actual insurance policy and/or required endorsements effecting coverage(s) required by the Contract for examination Solicitation # B2500103 Page 16 for evidence of required coverages. Copies are not kept as a record, are deemed confidential, and are not subject to disclosure under Colorado's Open Records Act (CORA). All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. Bonds 1. For projects over $50,000 the following bonds are required: a. A 5% Bid Bond is required at the time of Proposal submittal. b. 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. c. 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 correspondence or mail using the information below: Email: Project Manager: Alex Engelbert Email: aengelbert@weld.gov Telephone:970-400-2043 Mail: Solicitation # B2500103 Page 17 Weld County Facilities Department ATTN: Alex Engelbert PO Box 758 Greeley, CO 80632 Solicitation # B2500103 Page 18 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 a sample of a standard Weld County Contract for Construction. Agreement for Construction Services Between Weld County and ctor] For [Insert dame o1 ro ec ] THIS AGREEMENT is made and entered into this [Insert] day of [Insert], 2025, by and between the Board of Weld County Commissioners, on behalf of the [Department], hereinafter referred to as "County," and [Contracto ], 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 Solicitation # B2500103 Page 19 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,whichaforms air integral part of this Agreement and are incorporated herein. The, partiess-0each acknowledge and agree that this Agreement, including the attached Exhibits, defineFtie 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 be based upon order of attachment. Exhibit A consists of County's Invitation for Bid (IFB) 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 Solicitation # B2500103 Page 20 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 i 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 shalt 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 bempensated 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 deeded 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 ofany kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for, compensation for work satisfactorily performed and/or Materials,described herein properly, delivered. 5. Extension or Amendment. Any amendments`or modifications to this agreement shall be in writing signed by bothtvarties. 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 haseen unjustly enriched by any additional services, whether or not there is in fact any such urnjust enrichment, shall be the basis of any increase in the compensation p yable hereunder In the event that written authorization and acknowledgment by the County for suchadditional 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 Rinsed], as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by Solicitation # B2500103 Page 21 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 obligatlied';r this Agreement after, nor shall any payments be made to Contractor in: respect of74ny peno after December 31 of any year, without an appropriation therefore by County in acdor,'dancewith a budget adopted by the Board of County Commissioners in compliance with A tole 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law,(C R 9-1-101.4f. 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 or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as -,0 result of the'*ecutio*ilt this Agreement. Contractor shall be solely responsible for its acts and those{,of its ag'ents,and1employees for all acts performed pursuant to this Agreement_ Any provisions in this Contract that tnep appear to give the County the right to direct Contractor as to details of doing work orto exercise'ameasure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all'federal and 'state income tax on any moneys earned or paid pursuant to this contrc'A 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputationand expertise of Contractor. Contractor shall not enter into atop sgbco .t , 4r ag a eras for the completion of this Work without County's prior t written cons ww ich nay' e 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, _all be assigned to the Work. Contractor shall require each subcontractor, as,-,Teilfroved 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 Solicitation # B2500103 Page 22 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 rconfidential information to any other person or entity without seeking written permission from the°°County. Contractor agrees to advise its employees, agents, and consultao�, 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 professionalprofessionkponstrUdtlon standards governing such services and the provisions of this Agreement. Contr"act r5further 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 mare that ell`work performed on this Project pursuant to this Agreement is subject toaa warranty-penod during which Contractor must correct any failures or deficiencies caused by' Contractorsworkanship 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. ' a_ 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 shell not in anyway relieve Contractor of responsibility for the quality and accuracy of the construction of thy; project. In no event shall any action by County hereunder constitute or be construed ,to be aAwaiver 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 Mien any such breach r u�,# tl existshell,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 underthis 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. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. An excess liability policy or umbrella liability policy may be used to meet the minimum liability Solicitation # B2500103 Page 23 requirements provided that the coverage is written on a "following form" basis. 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. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. The insurance carrier shall provide a minimum of 30 drays advance r tten notice to the County for cancellation, non -renewal, suspension, voided, orllaterial changes to polities required under this Agreement. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage' qr limits, cancelled or non -renewed. However, in those situations where the insurance carrier ref u to provide notice' -to County, the Contractor shall notify County of any cancellation or reduction n coverage or limits of any insurance within seven (7) days or receipt of insure"notfcation at effect. The Contractor shall advise the County in the event any genera aggregate or other aggregate limits are reduced below the required per occurrenlimit. At to' i own expense, the Contractor will reinstate the aggregate;l mlitsto compl v ith the.. rnimum requirements and shall furnish the County with a new certificate of.insurane owing such coverage is in force. S.ubcontra Contractors' certificate(s) shall include all subcontractors as additional insureds under its policies or subcontractors shall maintain separate insurance as determined by the Contractor, however, subcontractor`s liimits of liability shall not be less than $1,000,000 per occurrence / $2,000,000 aggregate. Acceptability of Insurers Insuranie plad with insurers duly licensed or authorized to do business in the state of Colorado and with an'A.M. Best" rating of not less than A -VII. The County in no way warrants that the above required minimum insurer rating is sufficient to protect the Contractor from potential insurer, :i $ lvency. Proof of Insurance Contractor shall provide to County a Certificate of Insurance (COI). The County, in its discretion, may accept other forms of proof of insurance. The Certificate of Insurance shall name "Weld County, Colorado, its elected officials, its subsidiary, associated and/or affiliated entities, successors, or assigns, employees, agents, and volunteers to be named as an additional named insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". Solicitation # B2500103 Page 24 In the County's sole discretion, the County may ask to examine a policy, an endorsement, or other proof of insurance if there is a question on coverage. Such examination is deemed confidential, and the document is not kept in the record, but simply examined to confirm coverage is present. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance. 8) Workers' Compensation and Employer's Liability Insurance :covering;msll the Contractor's employees acting within the course and scope of their employment. The:policyhall 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. Minimum Limits: Coverage A (Workers',CoMpensatio --Statutory Coverage B (Employer's' Lia6ifity) 100,000 100,000 -500,000 9) Commercial General Liability Insurance including public liability and property damage covering all operations requiredby the Work. 'The policy shall be endorsed to include the following additionaladditionetrinsurelanguagounty, its subsidiary, parent, associated and/or affiliated ntities, successors ,r assigns, its elected officials, departments, employees, a ents, and volunteers shell beamed as additional insureds with respect to liability arising out' f the activities performed or, by, on behalf of the Contractor, including completed op orations." Such policy shall include minimum limits as follows: Each Onccurrence $ 2,000,000 General Aggregate $ 4,000,000 Products/Completed Operations Aggregate $ 4,000,000 Personal Advertising Injury $ 2,000,000 Fire Damage (Any One Fire) $ 100,000 Medical Payments (Any One Person) $ 10,000 Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. Solicitation # B2500103 Page 25 10) Automobile Liability: Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Bodily injury and property damage for any owned, hired, and non -owned vehicles used in the performance of this contract. The County is to be endorsed as an additional insured on policy for Automobile Liability with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations. 1 1)Professional Liability: Contractor shall maintain Professional Liability Insurance 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 provided by the Contractor as part of the Contract The policy/coverages shall be amended to incjudethe following: a. Coverage shall apply for three (3 b. Policy is to be on a primary basis Per Loss Aggregate ,2,000,000 4,000,000 12)Umbretla or Excels Liabiiltk/nsurance r Contractor shall maintain limits of $1,000,000 and shall become primary in went the primary liability policy limits are impaired or exhausted. The policy shall be written on an Qccurrence form and shall be following form of the primary. 13)Polia Li Contract involves p conditions that may The policy shall cove_, sudden and grad! vapors, fumes, 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 Aggregate quires this coverage whenever work at issue under this ntial pollution risk to the environment or losses caused by pollution from the operations of the Contractor described in the Exhibits. e Contractor's completed operations. Coverage shall apply to Ilution conditions resulting from the escape of release of smoke, s, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, $ 1,000,000 $ 1,000,000 Solicitation # B2500103 Page 26 14)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. a. 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. b. Such Builders' Risk Insurance shall be maintained, unless atherwiseprovided in the Contract Documents or otherwise agreed in writing4all personsand 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. c. The Buiders' Risk insurance shall include interests°o theCounty and if applicable, affiliated or associate entities, the General Contractor, "subcontractors and sub -tier contractors in the Project. d. 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 e tssGan . avation, backfilling, filling, and grading. e. The Builders' Risk -shall include a Beneficial Occupancy Clause. The policy shall specifically permits ecupancy of the building during construction. Contractor shall take reasonable steps'toobtain 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. f. 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). g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor Solicitation # B2500103 Page 27 for all covered perils within the required policy. Additional Insurance Related Requirements No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract or decrease or limit any 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,, employeer subcontractors. The Contractor shall assess its own risks and if it deems'appropriat nd/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 o tsfailure t9fobtain or maintain insurance in sufficient amounts, duration, or types ,The Coat ctor hall maintain, at its own expense, any additional kinds or amounts of insurahce that if may deem necessary to cover its obligations and liabilities u £ ` u g `rider t%ts,-Agret. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herei All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, allaolicies'Must be writtl:.on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing=work or entering the County premises. The Contractor shall furnish the County.ii' certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor sha1l`'name on the certificate, "Weld County, its associated and/or affiliated entities, successors, or assigns; its elected officials, employees, agents, and volunteers as Additional Ins ds" for. Commerciat general Liability and Auto Liability for work that is being performed by ate - On insurance policies vhere the County is named as an additional insured, the County shall be an additional in used to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a copy of the actual insurance policy and/or required endorsements effecting coverage(s) required by the Contract for examination for evidence of required coverages. Copies are not kept as a record, are deemed confidential, and are not subject to disclosure under Colorado's Open Records Act (CORA). All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Solicitation # B2500103 Page 28 Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 14. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 15. Indemnity. The Contractor agrees to indemnify, hold harmless and, •rot,,excluding the County's right to participate, defend County, its officers, agents, employees, associated and/or affiliated entities, successors, or assigns its de -pled officials, trustees volunteers, and any jurisdiction or agency issuing permits for any work included in the project, from all suits and claims, including attorney's fees and cost of litigation," -actions, loss damage, expense, cost or claims of any character or any nature arising out of the;work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of he Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is the specific intention of the parties that the Cour tyshall, in all instances, except for claims arising solely from the negligent or will _or omissions of they County, be indemnified by Contractor from and against any and a��^ It is agreed that the Contractor will be responsible for primary lobs -investigation, defense, and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agreestowaive all rights of subrogation against the County, associated and/or affiliated entities, ,successors, or assigns, its elected officials, trustees, employees, agents, and volunteers foralosses arising from the work performed by the Contracprforthe County. Afailure to comply with this provision shall result in County's right to immediately terminate this Agreement. 16. Non -A ontraotof ay not assign or transfer this Agreement or any interest therein or claaim 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. 17. 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. 18. 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 Solicitation # B2500103 Page 29 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. 19. 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 signatureffort'eceipt; or b) five (5) days following delivery to the United States Postal Service, poste e prepaid addressed to a party at the address set forth in th ,ntract; or c) electronic transmission via email at the address set fok below, rhere'e receipt®or acknowledgment is required by the sending party; or Either party may change its notice address(es) by writtnte to thether. Notice shall be sent to: Contractor: Name: [Insert] Position: [Insert] Address: [Insert] Address: [Insert] E-mail: [Insert] Phone: [Insert] of Posit Address: Address: E-mail: [hie Phone: [Insert] 20. 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. 21. 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. Solicitation # B2500103 Page 30 22. 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. 23. 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. 24. Employee Financial Interest/Conflict of Interest - C:R.S. §§208-201 et seq. and §24-50- 507. The signatories to this Agreement agree that to their;_ knowledge, no a ployee of Weld County has any personal or beneficial interest whatsoever in the serviceo'r property which is the subject matter of this Agreement. 25. Survival of Termination. The obligations of the t. tiger this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligatins, confidentiality, and'record keeping) shall survive any such expiration or termination. 26. Severability. If any term or condition o thisAgreement shall bea held to be invalid, illegal, or unenforceable by a court of com .etent urisdiction,wthis Agreement shall be construed and enforced without such provision o the extent that this Agreement is then capable of execution within the original intent of th. 27. Non -Waiver. The parties heretounderstand M. agree that the County is relying on, and does not waive or intend to wain by any provision ofthis Contract, the monetary limitations or any other rights, immunities, ail protections provided by the Colorado Governmental Immunity Act §§ 2449401 et seq{, as from time to time amended or otherwise available to the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns; or its elected officials, employees, agents, and s l nteers. No term or condition of this Agreement shall be construed or interpreted as waif°r, express or implied, of any of the immunities, rights, benefit' pica ns, or oth r isions, of the Colorado Governmental Immunity Act as applicable now or hereafter amended. 28. No Third -Party Benefi¢`iery. It is expressly understood and agreed that the enforcement of the terms and core, Itiofs of this Agreement, and all rights of action relating to such enforcement, shalt°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. 29. 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. Solicitation # B2500103 Page 31 30. 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. 31. No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a wt~`_ ptarized affirmation that it has examined the legal work status of an employee and sha11Totherwl°comply with all other requirements of federal or state law, including employment *float' quirements contained within state or federal grants or awards funding public co Contractor agrees to comply with any reasonable request from Labor and Employment in the course of any investigation.r aftment of 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. 32. Public Contracts for Services R.S S-17-10t.,for public contracts in excess of $500,000 annually, or for public contracts -fir road or: bridge construction in excess of $50,000, Contractor certifies, warrants,. nd agrees that, Colorado labor shall be employed to perform at least eighty percent of the work ender this Contract. "Colorado labor" means any person who is a resident of the stet #,dColorado at the time"of the public works project, who can provide a valid Colorado driver �� licel ei a valid,Colorado state -issued photo identification, or documentation thatih a or she` 'as resided in Colorado for the last thirty days. The County, in its sole` discretion, May waii a th i ht ercent requirement if there is reasonable evidence to Y �,�� YP q demonstrate insufficient Colorado tabor is available to perform the work, and this requirement woudreate anAnclue burden that would substantially prevent the work from proceeding to compli ion. [Thi `icon �Oll f 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. §200.3194] 33.Attorney's Fees/L.Y `rCosts. 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 Solicitation # B2500103 Page 32 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 BY: Date of Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board [Insert Name], Solicitation # B2500103 Page 33 Exhibit B Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline. 1) Schedule D — Bid Response Form 2) Any potential or future Addenda must be completed/acknowledgedL 3) All other items as requested in the Bid Specifications and/or Scope of Work. 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 below: Description Civil-Survey,Erosion,Fencing, Concrete Architectural Price $ 470,139.00 $ 280,909.00 $ 38,610.00 $ 232,281.00 $ 69.165.00 $ 64.347.00 $ 80,217.00 $ 61,017.00 Mechanical Electrical - Fuel Island Plumbing General Conditions Water Well System Assumed at 1000 Feet Deep Other-Insurance/Bonds/OH&P Total Lump Sum Cost $ 1,296,684.00 Well Pricing +/- 1000ft Price per foot less than 1000ft Price per foot more than 1000ft Price $ 54.00 $ 60.00 Attestation 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 No B2500103. 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 that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance and Bond 6. Acknowledgment of Schedule F — Weld County Contract 7. 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. 8. 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. Item Company Name: Address: TCC Corporation Entry 6820 Powell St, Loveland, CO 80538 970.460.053 Phone Email: ecrovvnover@tcccorp.net 84-0964449 FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Ernie Crownover Title: President 8.22.2025 Date of Signature Lead Times: Upon approved submittals. Metal Building: 4 wks for shops, 10-12 wks fabrication Generator: 12-16 wks Fuel Tank: 12 wks Lighting/Panels: 6-8 wks Anticipated Start Date: 6 wks after approved Metal Building Drawings Duration 3.5 months Addenum #1 Bid Request # B2500103 Keenesburg Grader Shed Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank your** Company Name: TCC Corporation Signature: Name: Ernie Crownover Title: President Au • ust 14, 2025 8.22.2025 Date of Signature BID BOND AMERICA CONTRACTOR: (Name, legal status and address) TCC Corporation 6820 Powell Street Loveland, CO 80538 SURETY: (Name, legal status and principal place of business) NGM Insurance Company 55 West Street Keene, NH 03431 OWNER: (Name, legal status and address) Weld County - Facilities Dept. 1105 H Street Greeley, CO 80634 BOND AMOUNT: Five Percent (5%) of the Total Bid Amount PROJECT: (Name, location or address, and Project number, if any) Keenesburg Grader Shed - B2500103 31168 CR 6 Keenesburg, Co 80643 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 22nd day of Auqust , 2025 By (Witness St ve Mertens, Estimator By, (Witness) William R. Greer, Forney -in Fact TCC Corporation By: 7 (Principal) Ernie Crownover, President (Title) NGM Insurance Company By: Atfuiee (Surety) Tim Mitchell. Attorney -in -Fact (Title) (Seal) Attorney -in -Fact Printed in cooperation with the American Institute of Architects (AIA) by the NGM Insurance Company of 4601 Touchton Road Fast,Suite 3400, Jacksonville, FL 32256 904-739-0873. The language in this document conforms exactly to the language used in ALA Document A310, 2010 68-9008 03/2015 MAIM STREET INSURANCE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By -Laws of said Company, to wit Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys -in -fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys -in -fact at any time and revoke the power and authority given to them. " does hereby make, constitute and appoint Tim Mitchell, William Greer its true and lawful Attorneys -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in nature of a bond subject to the following limitation: 1. No one bond to exceed Ten Million Dollars ($10,000,000) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NGM Insurance Company; the acts of said Attorney are hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By -Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the company as the original signature of such office and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Secretary and its corporate seal to be hereto affixed this 9th day of October, 2024. NGM INSURANCE COMPANY By: Lauren K. Powell State of Wisconsin, Vice President, Corporate Secretary County of Dane. On this 9th day of October, 2024, before the subscriber a Notary Public of State of Wisconsin in and for the County of Dane duly commissioned and qualified, came Lauren K. Powell of NGM Insurance Company, to me personally known to be the officer described herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully sworn, deposed and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that Article IV, Section 2 of the By -Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Madison, Wisconsin this 9th day of October, 2024. J My Commission Expires May 21, 2027 I, Nathan Hoyt, Assistant Vice President of NGM Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at Madison, Wisconsin this 22nd day of AlIQUS1 , 2025 . Nathan Hoyt Assistant Vice President WARNING: Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-603-354-5281. TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Atm: Bond Claim Dept. or call our Bond Claim Dept. at 1-603-358-1437. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYY1) 9/3/2025 THIS CERTIFICATE'S 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 Ewing -Leavitt Insurance Agency, Inc. CONTACT Renee McReynolds NAME: MME., E, (970) 679-7346 I l No): (e66)425-6180 5689 MCWhinney Blvd. Za,ss:renee-mcreynolds@leavitt.com INSURER(S) AFFORDING COVERAGE NAIL # Loveland CO 80538 INSURERA:Charter Oak Fire Insurance Company 25615 INSURED INSURERB:St Paul Protective Insurance Company 02016 TCC Corporation INSURER c: Travelers Property s Cas Ins Company 36161 6820 Powell St INSURER D:Pinnacol Assurance 41190 INSURER E: Zurich Insurance Group 850457 Loveland CO 80534 INSURER F: COVERAGES CERTIFICATE NUMBER:25-26 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. TNTYPE OF INSURANCE LTR ADM SUER INSD tNVD POLICY NUMBER POLICY EFF (MM/DDIYYY i POLICY EXP (MMIDDIYYYY) LIMITS X A X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE ❑X OCCUR Blkt Addl Insureds X Y B2573833 5/1/2025 5/1/2026 EACH OCCURRENCE $ 1 , 000 , 000 PREMISES (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL SADV INJURY $ 1,000,000 X Blkt Waiver Subrogation GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 0 PRO 0 L.PRODUCTS JECT OTHER: - COMP/OPAGG $ 2,000,000 Employee Benefits AUTOMOBILE _ B X X X LIABWTY ANY AUTO ALL OWNED AUTOS HIRED AUTOS BIM WOS SCHEDULED _ AUTOS NON -OWNED X AUTOS X BINAddl Insureds X Y g255992A 5/1/2025 5/1/2026 COMBINED SINGLE LIMIT (Ea accident) $ l'°°°'... BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (PeraccidenU $ Underinsured motorist combined sir $ X C UMBRELLA LIAB EXCESSLLAB X OCCUR CLAIMS -MADE X Y 62607496 5/1/2025 5/1/2026 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED I X I RETENTION $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFIER/MEMBER EXCLUDED? N❑ D (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A y incl Blkt traiver Subrogation 4021079 7/1/2025 7/1/2026 X J PER I 1OTH- STATUTE ER EL. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 E Builders' Risk Coverage A Contractors' Equipment BR73861347 82573833 5/1/2021 5/1/2025 continuous 5/1/2026 $3,000,000 any one structure $1000 deductible LEASED/RENTED EQUIPMENT $250,000 LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additbnal Remarks Schedule, may be attached if more space is required) re: B2500103, Keenesburg Grader Shed, 31168 CR 6, Keenesburg CO Weld County, its associated and/or affiliated entities, successors, or assigns, its elected officials, employees, agents, and volunteers are named as Additional Insureds as respects work performed. Waiver of subrogation endorsements are provided in favor of the additional insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Div ACCORDANCE WITH THE POLICY PROVISIONS. 1301 North 17th Ave AUTHORIZED REPRESENTATIVE Greeley, CO 80631 R McReynolds/RESTEI ee:c2do0f".J I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 (201401) The ACORD name and logo are registered marks of ACORD ACOREP CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 9/3/2025 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 Ewing -Leavitt Insurance Agency, Inc. 5689 MHWhinney Blvd. Loveland CO 80538 CONTACT Renee McReynolds NAME: PA/C E.E.: (970) 679-7346 I rit,No): (866)456-4265 aoDRess:renee-mcreynolds@leavitt.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Underwriters at Lloyd's, London 15792 INSURED TCC Corporation 6820 Powell St Loveland CO 80534 INSURER B : INSURER C : INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:Prof/Pollution 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 INSD WVD POUCY NUMBER POLICY EFF (MMIDDM; POLICY EXP (MM/DDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Ei PROT D LOC JEC OTHER: PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO - ALL OWNED I- AUTOS HIRED AUTOS - SCHEDULED _ AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accidenU $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE (Per accidenU $ UMBRELLA UAB EXCESS LIAR OCCUR CLAIMS -MADE - EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) describe under DESCRIPTION OF OPERATIONS below DMZ= N I A I STATUTE I 1OER- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Contractors Professional and Pollution Liability X Y ANE5434766.25 Blkt Addl Insd/ROS 4/18/2025 4/18/2026 $1,000,000 ea cla.$2Mi Agg E6O Limits $1,000,000 ea claim/$1M. Agg Pollution Limits DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace is required) re: B2500103, Reenesburg Grader Shed Weld County, its associated and/or affiliated entities, successors, or assigns; its elected officials, employees, agents, and volunteers are named as Additional nsureds as respects work performed. Waiver of subrogation endorsements are provided in favor of the additional insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Div ACCORDANCE WITH THE POLICY PROVISIONS. 1301 North 17th Ave AUTHORIZED REPRESENTATIVE Greeley, CO 80631 R McReynolds/LAEWIN ACORD 25 (2014101) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name * TCC CORPORATION Entity ID* @00034361 Contract Name * KEENESBURG GRADER SHED CONSTRUCTION Contract Status CTB REVIEW Contract ID 9918 Contract Lead CNAIBAUER Contract Lead Email cnaibauer@weld.gov New Entity? Contract Description * PROVIDE CONSTRUCTION SERVICES FOR THE NEW KEENESBURG GRADER SHED. Contract Description 2 Contract Type* CONTRACT Amount* $1,296,684.00 Renewable* NO Automatic Renewal Grant IGA Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 09/13/2025 GROUNDS 09/17/2025 Department Email CM- BuildingGrounds@weld.go Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date" 06/01/2026 Committed Delivery Date Renewal Date Expiration Date* 06/01/2026 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head PATRICK 0'NEILL DH Approved Date 09/15/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09/22/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 09/15/2025 09/15/2025 Tyler Ref* AG 092225 Originator CNAIBAUER August 25, 2025 FACILITIES DEPARTMENT (970) 400-2020 1 l05 H St., P.O. Box 758 Greeley, CO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Keenesburg Grader Shed - 103 As advertised this bid is for a new grader shed for the Weld County Public Works Department. The low bid is from TCC Corporation and meets the specifications. Therefore, the Facilities Department is recommending the award to TCC Corporation in the amount of $1,296,684.00. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Facilities Director 2025-2460 Q/3 13G1ppZ'1 Weld County Finance Department Purchasing Division bids@weld.qov 1301 North 17th Avenue Greeley, Colorado 80631 Bid Opening Tabulation Title: Keenesburg Grader Shed Bid Number: B2500103 Department: Facilities Bid Opening Date: August 19, 2025 -August 22, 2025 Approval Date: September 3, 2025 Vendor(s Name Total Amount TCC Corporation 6820 Powell Street Loveland, CO 80538 $1,296,684.00 WCC Construction LLC 1112 Oxborough Lane Fort Collins, CO 80525 $1,344,000.00 Baker Builders, LLC dba Baker Constructors 5660 Iris Parkway Fredrick, CO 80504 $1,549,792.00 Elder Construction, Inc. 7380 Greendale Road Windsor, CO 80550 $1,673,600.00 DS Constructors LLC 903 N. Cleveland Avenue Loveland, CO 80537 $1,705,120.00 The Facilities Department is reviewing the proposals. L4 Construction LLC 2350 17th Avenue, #204 Longmont, CO 80501 $1,751,317.91 KR Construction Group Inc. 1029 S. Sierra Madre St. Suite A Colorado Springs, CO 80903 $1,799,123.66 Legend of the South Enterprises dba LSE Builders Group 1120 Boston Avenue Longmont, CO 80501 $1,851,388.00 Growling Bear Co Inc 2330 4th Avenue Greeley, CO 80631 $1,897,197.00 Buffalo Builders, Inc. 222 E. Cucharras Street Colorado Springs, CO 80903 Non -responsive Nicholas Construction 5180 Fox Street Denver, CO 80136 Non -responsive Premier Building Services, LLC 3333 S. Platte River Drive Sheridan, CO 80110 Non- responsive Randy Kneebone Excavation & Trucking 2404 County Road 19 Fort Lupton, CO 80621 Non -responsive The Facilities Department is reviewing the proposals. Hello