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Home My WebLink About20250961.tiffCon vaci-(DitcH I� AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND WCC CONSTRUCTION LLC FOR GROUNDS BUILDING THIS AGREEMENT is made and entered into this Z3.1421ay of 2025, by and between the Board of Weld County Commissioners, on behalf of the ilities Department, hereinafter referred to as "County," and WCC Construction LLC, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2500036. 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 3-2025 cC.oh�c�) p �/Zsr2s� 2025- ocm BC) DOTI 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 $1,198,000.00, 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 shallcommence 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 Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. Automobile Liability: 3) 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. 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 the County, associated and/or affiliated entities, successors, or assigns; its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" 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 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, 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 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 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 conceming 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: WCC Construction LLC Name: David Bode Position: Vice President Address: 1112 Oxborough Lane Address: Fort Collins CO, 80525 12 E-mail: David.b@wccconstructionllc.com Phone: 970-231-7899 County: Patrick O'Neill Position: Director Address: 1105 H Street Address: Greeley, CO 80631 E-mail: poneill@weld.gov Phone: 970-400-2020 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 13 construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 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. 15 CONTRACTOR: WCC CONSTRUCTION, LLC By Dad 604 Name: David Bode Title: VP WELD COUNTY: ATTEST: dstrityV W .J Gdo•€1 Weld County Clerk to the BY: Deputy Clerk to the Bo May 15, 2O25 Date of Signature 16 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Perry L BQick, Chair MAY 2 8 2325 z025-C`PCod Exhibit A :\_:_____ .1,1/4,186it ./..40, 414.• mes _ Weld County Finance Department Purchasing Division 1301 North 17t'' Avenue Greeley, Colorado 80631 Construction - Invitation for Bid (IFB) Cover Sheet Bid Number: Title Advertisement Date: Pre- Bid Meeting: Pre- Bid Location: Questions Due: Questions Posted: Questions email: Bid Due Date: Bid Delivery: For additional information: IFB Schedules B2500036 Grounds Building February 27, 2025 March 13, 2025, at 1:00 pm 1105 H Street Greeley, CO 80631 March 20, 2025, by 5:00 pm March 21, 2025, by 12:00 pm bidsgweld.gov March 27, 2025, by 10:00 am, Purchasing's Clock Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 bids csweld.gov Documents Included in this Bid Package S chedule A: Bid Instructions S chedule B: Scope of Work S chedule C: Project Schedule S chedule D: Bid Form S chedule E: Insurance & Bonds Schedule F: Weld County Contract IFB Attachments Attachment 1 — Project Drawings Attachment 2 — Geotech Report Form Revision 12-2024 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 18 Contractual Obligations 18 Weld County Standard Contract 18 Solicitation # B2500036 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: Grounds Building A Mandatory pre -bid conference will be held on March 13, 2025, at 1:00pm at the Facilities Department located at 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: March 27, 2025, at 10:00am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on March 27, 2025 at 10:30am. 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 By Phone Join the meeting now +1 720-439-52613,407862145# Phone United conference States, ID: Denver 407 862 145# Meeting Passcode: ID: 237 JE2Ce739 433 986 825 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 bidsAweld.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 # B2500036 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 they would have a need for the same product/service. Usage by any entity shall not have a Solicitation # B2500036 Page 4 negative impact on Weld County in the current term or in any future terms Solicitation # B2500036 Page 5 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a turn -key lump sum project for General Contracting services to build the new grounds building in Greeley, Colorado per the attached documents and this invitation for bid. 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 ground's facility in Greeley, 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 # B2500036 Page 6 4 Contractor is responsible for all matenal 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 ensunng 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 is responsible for all winter or weather protection, including but not limited to all sods 9 Contractor is responsible for coordination with Weld County building department and the local city and fire municipalities 10 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 Protege GX Enterpnse system Substitutes will not be accepted Installers must be ICT GX Certified 11 Contractor will be responsible for providing a complete test and balance report after installation of the new mechanical equipment and systems 12 Gas Detection systems to be installed per the plans and specifications 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 13 Contractor is responsible for all backing requirements Any surface mounted piece of - equipment must have at minimum 3/" plywood as backing 14 Contractor must submit daily logs or project updates to the Weld County project manager on a weekly basis at minimum 15 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 16 Contractor is responsible for coordinating the final location of all electncal and data outlets pnor to installation of rough in boxes with the Weld County project manager and IT representative 17 Contractor will be responsible to provide any temporary lighting or power that may be needed to complete the scope of work 18 Contractor is responsible for all pnvate and public locates for the entirety of this project 19 All earthwork and potholing to be included in the bid 20 Contractor is responsible_for maintaining the vehicle tracking pad at the entrance/exit of the site and BMPs required for the state storm water management permit 21 Contractor will be responsible for securing the site Adequate fencing, barriers and other protection for t e public shall be installed and maintained throughout construction Signage shall be displayed showing dangers and directing the public away from construction areas 22 Contractor will be responsible for all temporary facilities including toilets, trash dumpsters, temporary office space and enclosed storage containers All temporary facilities shall be located away from existing building and not located in areas that will be used by the public while accessinb the existing budding 23 Contractor is responsible for developing and maintaining a storm water management plan per the project dociuments 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 Solicitation # B2500036 Page 7 be the operator for all associated permits and will be responsible for all violations/fines for non- compliance with the regulatory requirements. 24. All foundation/site work and soil compaction will be verified by County's third -party inspector prior to any vertical erection. Any failures will be reimbursed by the General Contractor. 25. Contractor to restore grading after demolition of all existing structures and foundations. Backfill and road base material to be submitted and approved prior to installation. Contractor to include all import material in this bid. 26. Contractor to provide as -built surveying, off -set staking, retention pond volumes for Weld County's review and approval. 27. Contractor to provide all necessary signage to pass final inspections. All signage to be submitted and approved prior to ordering material. 28. Contractor will be responsible for any additional Weld County MS -4 requirements that are identified in the Public Works MS -4 checklist and Public Works Grading permit. 29. All import and export is the responsibility of the contractor per Attachment 1 and 2. 30. Contractor will be responsible for coordination with Xcel, City of Greeley, Greeley Fire Department, and County contracted 3rd party testing company. 31. Contractor is responsible for all traffic control plans, permits, approvals from County / City, maintaining traffic control equipment, and flagging if necessary. 32. Contractor is responsible for sanitary and water City of Greeley permits. 33. Contractor is responsible for removing all unsuitable soils including but not limited to grass clippings, trash, and debris built up over time prior to construction. Contractor to reference geotechnical report in attachment 2. Information Technology (IT) — Data Cabling 1.Weld County IT department will be responsible for providing all cabling for County data and is NIC 2.Contractor will be responsible for all pathways and rough ins for data as outlined in the project documents and specifications. Project Close Out Requirements: 1. Contractor will provide two (2) complete sets of O&M manuals. 2. Contractor will provide two (2) complete sets of as-builts along with a digital file. 3. Contractor will provide all manufacturer's warranty documentation for all equipment. 4. Contractor will provide a detailed report for all craftsmanship and labor warranties. 5. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 6. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff. 7. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. Weld County Facilities Department Standard Terms and Conditions: 1. 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 2. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 3. Contractor is responsible for all private and public locates. Solicitation # B2500036 Page 8 4 Project will be permitted through Weld County Fees for Weld County Budding Permit will be waived Any other feesassociated 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 5 All electrical work will be done by a qualified State licensed electncian 6 All plumbing work will be done by a qualified State licensed plumber 7 All mechanical work will be done by a qualified State Licensed technician 8 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 9 All lifting and hoisting equipment shall be provided by the contractor as needed 10 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements 11 All trash and debns 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 debns be allowed to accumulate 12 Weld County is a tax-exempt entity 13 Davis -Bacon and Buy Amencan requirements are NOT required Solicitation # B2500036 Page 9 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date Pre -Proposal Meeting (Mandatory) Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Notice to Proceed (Anticipated) Completion February 27, 2025 March 13, 2025, at 1:00pm 1105 H Street Greeley, CO 80631 March 20, 2025 by 5:00pm bids@weld.gov March 21, 2025 March 27, 2025, by 10:00am Purchasing's Clock April 16, 2025 April 30, 2025 April 30, 2025 September 30, 2025 Solicitation # B2500036 Page 10 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 am on March 27, 2025: 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: Item Price Civil $ Architectural $ Mechanical $ Electrical $ Plumbing $ PEMB $ General Conditions $ Site Pavinc Alternates — Base Bid only to be include in Lump Sum Cost - Base Bid $ - Add Alternate #1 $ Add Alternate #2 $ - - Add Alternate #3 $ - Add Alternate #4 $ 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. #B2500036. 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. Solicitation # B250003E Page 11 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 Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Title: Date of Signature Solicitation # B2500036 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) Coverage B (Employers' Liability) S 8 5 Statutory 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 General Aggregate $ Products/Completed Operations Aggregate $ Personal Advertising Injury $ Fire Damage (Any One Fire) Medical Payments (Any One Person) Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. 2,000,000 4,000,000 4,000,000 2,000,000 100, 000 10.000 Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. Solicitation # B2500036 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. 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. 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 Solicitation # B2500036 Page 14 or companies lawfully authonzed to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as descnbed in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of matenal supplied or installed by others, composing 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 responsibgity of the Contractor, and continue without interruption dunng construction, renovation', or installation, including any time dunng 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 wnting by all, persons and entities who are beneficianes 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 wntten 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 dunng 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 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 dunng 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 Solicitation # B2500036 Page 15 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 the County, associated and/or affiliated entities, successors, or assigns; its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" 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 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. Solicitation # B2500036 Page 16 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`)/0 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`)/0 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`)/0 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: Weld County Facilities Department ATTN: Alex Engelbert PO Box 758 Greeley, CO 80632 Solicitation # B2500036 Page 17 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 [CONTRACTOR] FOR [INSERT NAME OF PROJECT] THIS AGREEMENT is made and entered into this [Insert] day of [Insert], 2024, by and between the Board of Weld County Commissioners, on behalf of the [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and Solicitation # B2500036 Page 18 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; N OW, 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 betweer 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 Request for Bid (RFB) as set forth in Bid Package No. [Insert Bid N umber]. 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 n ecessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience u pon thirty (30) days written notice to Contractor. Either Party may i terminate this Agreement u pon 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 Solicitation # B2500036 Page 19 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 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. b. 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 $4[Insert], as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement Solicitation # B2500036 Page 20 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, n or entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details o' 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 o missions 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 n ot 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 n on -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 Solicitation # B2500036 Page 21 agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. 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 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 Solicitation # B2500036 Page 22 { for cancellation, non -renewal, suspension, voided, or matenal 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 carner 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 ansing out of the activities performed by, or on behalf of the Contractor, including completed operations" 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 dunng the term of this Agreement may be considered a matenal breach of contract and ,may be cause for immediate termination of the Agreement at the option of the County The County reserves the nght to negotiate additional specific insurance requirements at the time of the contract award Solicitation # B2500036 Page 23 , 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 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) Coverage B (Employers' Liability) $ 8 Statutory 100,000 100,000 500,000 9) 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 General Aggregate Products/Completed Operations Aggregate Personal Advertising Injury Fire Damage (Any One Fire) Medical Payments (Any One Person) Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. 2,000,000 4,000,000 4,000,000 2,000,000 100,000 10, 000 Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. 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 Solicitation # B2500036 Page 24 performance of this contract 11)Profess►onal L►ab►bty Contractor shall maintain Professional Liability Insurance covenng 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 pnmary basis, if other professional coverage is carried Per Loss Aggregate $ 2,000,000 $ 4,000,000 12)Umbrella or Excess L►ab►hty Insurance Contractor shall maintain limits of $1,000,000 and shall become primary in the event the pnmary liability policy -limits are impaired or exhausted The policy shall be written on an Occurrence~ form and shall be following form of the primary 13)Pollution L►abihty 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 operationsCoverage 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 matenals, or other irritants, contaminants, or pollutants (including -asbestos) If the coverage is wntten 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 penod will be exercised for a penod of three (3) years beginning from the time that work under this contract is completed Minimum ,Limits Per Loss Aggregate i $ 1,000,000 $ 1,000,000 14)Bu►Iders' Risk Insurance or Installation Floater— Completed Value Bass Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company, or companies lawfully authonzed 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 matenal 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 dunng construction, Solicitation # B2500036 Page 25 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 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 Solicitation # B2500036 Page 26 under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropnate 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 wntten 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 authonzed by that insurer to bind coverage on its behalf The Contractor shall name the County, associated and/or affiliated entities, successors, or assigns, its -elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" 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 for evidence of required coverages Copies are not keptas 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 pnor 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 matenal breach of contract. Any modification or venation 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 _ Th'e Couhty 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, not excluding the County's nght to participate, defend County, its officers, agents, employees, associated and/or affiliated entities, successors, or assigns its elected officials, trustees, volunteers, and Solicitation # 62500036 Page 27 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 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 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 Solicitation # B2500036 Page 28 c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Position: [Insert] [Insert] Address: [Insert] Address: [Insert] E-mail: Phone: [Insert] [Insert] County: Position: [Insert] Address: [Insert] Address: [Insert] E-mail: [Insert] 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, laves 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. Solicitation # B2500036 Page 29 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 n ature 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 u nenforceable by a court of competent jurisdiction, this Agreement shall be construed and e nforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 27. Non -Waiver. The parties hereto understand and agree that the County is relying on, and does n ot 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 Solicitation # B2500036 Page 30 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 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 bndge 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 dnver'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 (yin 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 pnor agreements, oral or wntten, and any other communications between the parties relating to the subject matter of this Agreement CONTRACTOR By Date of Signature Name i Solicitation # B2500036 Page 31 Title: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board [INSERT NAME], Chair Solicitation # B2500036 Page 32 Exhibit B IFB Schedules Weld County Finance Department Purchasing Division 1301 North 17t'' Avenue Greeley, Colorado 80631 Bid Number: Title: Construction - Invitation for Bid (IFB) Cover Sheet B2500036 Grounds Building February 27, 2025 March 13, 2025, at 1:00 pm 1105 H Street Greeley, CO 80631 March 20, 2025, by 5:00 pm March 21, 2025, by 12:00 pm bids@weld.gov March 27, 2025, by 10:00 am, Purchasing's Clock P referred email to bids@weld.gov or option to hand delivery to 1301 N orth 17th Avenue, Greeley, CO 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Attachments Advertisement Date: P re- Bid Meeting: P re- Bid Location: Questions Due: Questions Posted: Questions email: Bid Due Date: Bid Delivery: Schedule A: Bid Instructions Schedule B. Scope of Work S chedule C: Project Schedule Schedule D: Bid Form S chedule E: Insurance & Bonds Schedule F: Weld County Contract Attachment 1 — Project Drawings Attachment 2 — Geotech Report Form Revision 12-2024 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 18 Contractual Obligations 18 Weld County Standard Contract 18 Solicitation # B2500036 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: Grounds Building A Mandatory pre -bid conference will be held on March 13, 2025, at 1:00pm at the Facilities Department located at 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: March 27, 2025, at 10:00am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on March 271 2025 at 10:30am. 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 By Phone Join the meeting now +1 720-439-5261„407862145# Phone United conference States, ID: Denver 407 862 145# Meeting ID: 237 433 986 825 Passcode: JE2Ce739 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�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 # B2500036 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 they would have a need for the same product/service. Usage by any entity shall not have a Solicitation # B2500036 Page 4 negative impact on Weld County in the current term or in any future terms. Solicitation # B2500036 Page 5 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a turn -key lump sum project for General Contracting services to build the new grounds building in Greeley, Colorado per the attached documents and this invitation for bid. 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 ground's facility in Greeley, 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 RFl log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. Solicitation # B2500036 Page 6 4 Contractor is responsible for all matenal 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 supenntendent or project manager on site while any work is being performed 6 The contractor is responsible for all daily cleanup and ensunng that all matenals 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 is responsible for all winter of- weather protection, including but not limited to all sods T 9 Contractor is responsible for coordination \kith Weld County building department and the local city and fire municipalities 10 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 Protege GX - Enterpnse system Substitutes will not be accepted Installers must be ICT GX Certified 11 Contractor will be responsible for providing a complete test and balance report after installation of the new mechanical equipment and systems 12 Gas Detection systems to be installed -per the plans and specifications 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 13 Contractor is responsible for all backing requirements Any surface mounted piece of equipment must have at minimum 3/" plywood as backing 14 Contractor must submit daily logs or project updates to the Weld County project manager on a weekly basis at minimum 15 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 16 Contractor is responsible for coordinating the final location of all electrical and data outlets pnor to installation of rough in boxes with the Weld County project manager and IT - representative - - 17 Contractor will be responsible to provide any temporary lighting or power that may be needed to complete the scope of work 18 Contractor is responsible for all pnvate and public locates for the entirety of this project 19 All earthwork and potholing to be included in the bid 20 Contractor is responsible for maintaining the vehicle tracking pad at the entrance/exit of the site and BMPs' required for the state storm water management permit 21 Contractor will be responsible for securing the site Adequate fencing, barners and other protection ,for the public shall be installed and maintained throughout construction Signage shall be displayed showing dangers and directing the public away from construction areas 22 Contractor will be responsible for all temporary facilities including toilets, trash dumpsters, temporary office space and enclosed storage containers All temporary facilities shall be located away from existing building and not located in areas that will be used by the public while accessing the existing building 23 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 forand will Solicitation # B2500036 Page 7 be the operator for all associated permits and will be responsible for all violations/fines for non- compliance with the regulatory requirements. 24. All foundation/site work and soil compaction will be verified by County's third -party inspector prior to any vertical erection. Any failures will be reimbursed by the General Contractor. 25. Contractor to restore grading after demolition of all existing structures and foundations. Backfill and road base material to be submitted and approved prior to installation. Contractor to include all import material in this bid. 26. Contractor to provide as -built surveying, off -set staking, retention pond volumes for Weld County's review and approval. 27. Contractor to provide all necessary signage to pass final inspections. All signage to be submitted and approved prior to ordering material. 28. Contractor will be responsible for any additional Weld County MS -4 requirements that are identified in the Public Works MS -4 checklist and Public Works Grading permit. 29. All import and export is the responsibility of the contractor per Attachment 1 and 2. 30. Contractor will be responsible for coordination with Xcel, City of Greeley, Greeley Fire Department, and County contracted 3rd party testing company. 31. Contractor is responsible for all traffic control plans, permits, approvals from County / City, maintaining traffic control equipment, and flagging if necessary. 32. Contractor is responsible for sanitary and water City of Greeley permits. 33. Contractor is responsible for removing all unsuitable soils including but not limited to grass clippings, trash, and debris built up over time prior to construction. Contractor to reference geotechnical report in attachment 2. Information Technology (IT) — Data Cabling 1.Weld County IT department will be responsible for providing all cabling for County data and is NIC 2.Contractor will be responsible for all pathways and rough ins for data as outlined in the project documents and specifications. Project Close Out Requirements: 1. Contractor will provide two (2) complete sets of O&M manuals. 2. Contractor will provide two (2) complete sets of as-builts along with a digital file. 3. Contractor will provide all manufacturer's warranty documentation for all equipment. 4. Contractor will provide a detailed report for all craftsmanship and labor warranties. 5. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 6. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff. 7. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. Weld County Facilities Department Standard Terms and Conditions: 1. 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 2. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 3. Contractor is responsible for all private and public locates. Solicitation # B2500036 Page 8 4 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 5 All electrical work will be done by a qualified State licensed electrician 6 All plumbing work will be done by a qualified State licensed plumber 7 All mechanical work will be done by a qualified State Licensed technician 8 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 9 - All lifting and hoisting equipment shall be provided by the contractor as needed 10 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements 11 All trash and debns to be properly disposed of offsite Due to the space constraints of this project this will need to be done on a regular basis At no time will debris be allowed to accumulate 12 Weld County is a tax-exempt entity 13 Davis -Bacon and Buy American requirements are NOT required Solicitation # B2500036 Page 9 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date February 27, 2025 Pre -Proposal Meeting (Mandatory) March 13, 2025, at 1:00pm 1105 H Street Greeley, CO 80631 Technical Questions Due March 20, 2025 by 5:00pm Technical Questions email bids(a(a�weld.gov Questions Answered via Addendum March 21, 2025 Proposals Are Due March 27, 2025, by 10:00am Purchasing's Clock Solicitation Notice of Award (Anticipated) April 16, 2025 Contract Execution (Anticipated) April 30, 2025 Notice to Proceed (Anticipated) April 30, 2025 Completion September 30, 2025 Solicitation # B2500036 Page 10 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 am on March 27, 2025: 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: WCC Item Price Civil $ 398,747.00 $ 274,937.00 Architectural Mechanical $ 57,013.00 Electrical $ 86,773.00 $ 52,510.00 Plumbing P E M B $ 205,435.00 General Conditions $ 122,585.00 Site Paving Alternates — Base Bid only to be include in Lump Sum Cost - Base Bid $ 1,198,000.00 - Add Alternate #1 $ 15,900.00 - Add Alternate #2 $ 54,000.00 - Add Alternate #3 $ 70,600.00 - Add Alternate #4 $ 89,400.00 Total Lump Sum Cost $ 1,427,900.00 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. #B2500036. 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. Solicitation # B2500036 Page 11 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 Company Name: WCC CONSTRUCTION LLC Address: 1112 OXBOROUGH LANE FORT COLLINS CO 80525 Phone 970-231-7899 DAVID.B@WCCCONSTRUCTIONLLC.COM Email: 85-2042956 FEIN/Federal Tax ID #: CONTRACTOR: By: S( todi Name: DAVID BODE Title: VP 4/3/2025 Date of Signature Solicitation # B2500036 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) Coverage B (Employers' Liability) $ $ Statutory 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 General Aggregate $ Products/Completed Operations Aggregate $ Personal Advertising Injury $ Fire Damage (Any One Fire) Medical Payments (Any One Person) $ Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. 2,000,000 4,000,000 4,000,000 2,000,000 1 00, 000 10,000 Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. Solicitation # B2500036 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. 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. 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 Solicitation # B2500036 Page 14 or companies lawfully authonzed to do business in Colorado, Builders' Risk Insurance in the, amount of the initial contract amount as descnbed in the attached Exhibits, plus the, value of subsequent modifications, change orders, and cost of matenal supplied or installed by others, composing 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 venting by all persons and entities who are beneficianes 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 wntten on a Special Covered Cause, of,Loss form and shall include theft, vandalism, malicious mischief, collapse', false -work, temporary buildings, transit, debns 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 J e The Builders' Risk shall include a Beneficial Occupancy Clause The policy shall specifically permit occupancy of the budding 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 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 dunng 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 Solicitation # B2500036 , Page 15 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 the County, associated and/or affiliated entities, successors, or assigns; its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" 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 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. Solicitation # B2500036 Page 16 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 5c)/0 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 Departments most current list (Circular 570) as amended and be authorized to transact business in the State of Colorado. 3. A 5`)/0 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: Weld County Facilities Department ATTN: Alex Engelbert PO Box 758 Greeley, CO 80632 Solicitation # B25000:36 Page 17 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 [CONTRACTOR] FOR [INSERT NAME OF PROJECT] THIS AGREEMENT is made and entered into this [Insert] day of [Insert], 2024, by and between the Board of Weld County Commissioners, on behalf of the [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and Solicitation # B2500036 Page 18 WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. Number]. Exhibit B consists of Contractor's Response to County's Request for Bid. [Insert Bid 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may 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 Solicitation # B2500036 Page 19 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 enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $[Insert], as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement Solicitation # B2500036 Page 20 after, nor shall any payments be made to Contractor in respect of any penod after December 31 of any year, without an appropnation 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 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 nght 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 wntten 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 nght (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 matenals obtained and/or produced in connection with the performance of this Agreement, whether or not such matenals are in completed form, shall at all times be considered the property of the County Contractor shall not make use of such matenal for purposes other than in connection with this Agreement without pnor wntten 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 wntten permission from the County Contractor Solicitation # B2500036 Page 21 agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. 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 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 Solicitation # B2500036 Page 22 for cancellation, non -renewal, suspension, voided, or matenal 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, m those situations where the insurance carner 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" 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 matenal breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the nght to negotiate additional specific insurance requirements at the time of the contract award Solicitation # B2500036 Page 23 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 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) Coverage B (Employers' Liability) $ $ Statutory 100,000 100,000 500,000 9) 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 General Aggregate Products/Completed Operations Aggregate Personal Advertising Injury Fire Damage (Any One Fire) Medical Payments (Any One Person) Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. 2,000,000 4,000,000 4,000 000 2,000,000 100, 000 10.000 Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. 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 Solicitation # B2500036 Page 24 performance of this contract 11)Profess►onal L►ab►bty Contractor shall maintain Professional Liability Insurance covenng 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 12)Umbrella or Excess L►ab►hty Insurance Contractor shall maintain limits of $1,000,000 and shall become pnmary in the event the primary liability policy limits are impaired or exhausted The policy shall be wntten on an Occurrence form and shall be following form of the pnmary 13)Pollution L►ab►hty Weld County requires this coverage whenever work at issue under this Contract involves potential pollution nsk to the environment or losses caused by pollution conditions that may anse from the operations of the Contractor descnbed 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 matenals, 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 penod will be exercised for a penod 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 14)Bu►Iders' Risk Insurance or Installation Floater— Completed Value Bass Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authonzed to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as descnbed in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of matenal 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 dunng construction, Solicitation # B2500036 Page 25 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 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 Solicitation # B2500036 Page 26 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 t 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 the County, associated and/or affiliated entities, successors, or assigns; its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" 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 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. 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, 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 Solicitation # B2500036 Pace 27 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 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, e mployees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 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 o r 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 n ecessary 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 Solicitation # B2500036 Page 28 c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: [Insert] Position: Address: Address: E-mail: Phone: [Insert] [Insert] [Insert] [Insert] [Insert] County: Position: [Insert] Address: Address: E-mail: Phone: [Insert] [Insert] [Insert] [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. 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. Solicitation # B2500036 Page 29 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 n ature 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 u nenforceable by a court of competent jurisdiction, this Agreement shall be construed and e nforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 27. Non -Waiver. The parties hereto understand and agree that the County is relying on, and does n ot 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 e nforcement, 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 Solicitation # B2500036 Page 30 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 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 bndge 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 dnver'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 F 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 pnor agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement CONTRACTOR By Date of Signature Name I Solicitation # B2500036 Page 31 Title: WELD COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board [INSERT NAME], Chair Solicitation # B2500036 Page 32 Addendum # 2 Bid Request Number B2500036 Grounds Building Questions and Answers: 1. Questions: They show standing seam roof in the first line item of comchek assembly and I know the answers to addendum questions were PBR screw down roof was to be used. So, which roof are we using? Answer: In the ComCheck program, the selection between screw down and standing seam roof covering does not impact the ComCheck's calculation method and overall compliance. The ComCheck should only be used to determine the thermal properties of the assemblies, it is not intended to be used for determining construction/assembly components. The information in the ComCheck Compliance Report does not override the Contract Documents. Contractor is to provide a PBR screw down roof. 2. Question: The epoxy flooring Armorseal 1000 is not available in Colorado due to VOC laws. The closest comparable product would be Armorseal 8100, but it is NOT a high solids system (there are very few high solids products available to Colorado anymore). Is this a suitable alternative? If not please provide another product. Answer: Disregard Armoseal 1000 and Armoseal 8100. Contractor to provide Ashford Formula. clear seal. 3. Question: What is the finish desired on the epoxy flooring? Gloss or Satin? Answer: Reference answer to question 2. 4. Question: Access Control / Card Readers are to be provided by GC's per the addendum, please provide a system and products that are to be provided. Page A6.01 Hardware Notes say it is Owner provided so nothing is specified, and page C1.08 do not specify anything either. Answer: Contractor is responsible for providing all head unit equipment which is to be ICT Protege GX Enterprise System substitutions will not be accepted. HES electric door strikes, ICT card reader with keypad, door switch, pathway, wiring, and all components needed to provide a complete system. Installers must be ICT GX Certified. 5. Question: The addendum says to reference the revised drawings for the location of the telephone pedestal, I'm not seeing it on the drawings? Answer: Reference C-3. The telephone pedestal is called out with a P near the proposed transformer for the building. Northeast corner of the parking lot. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company N e: WCC CONSTRUCTION LLC Signature: Name: DAVID BODE Title: odi VP March 31, 2025 4/3/2025 Date of Signature Addendum # 1 Bid Request Number B2500036 Grounds Building 1. Current: The plans does not have a WH-1 plumbing fixture called out. Change: S heet P8.1 has been updated with WH-1 plumbing fixture added. 2. Current: S o ComCheck is included in the bid documents. Change: ComCheck Added to bid documents. 3. Current: The plans do not show a telephone pedestal location. Change: S heet C-3 has been updated to reflect pedestal location. 4. Current: The plans do not show a bollard detail. Change: S heet A1.02 has been updated to reflect a bollard detail. 5. Current: S heet E0.2 Circuit 5 shows the wrong amps and phasing. Change: S heet E0.2 Circuit 5 updated to show correct amps and phasing. 6. Current: Bid specification call for the following dates. Advertsement Date Pre -Proposal Meeting (Mandatory) February 27, 2025 March 13, 2025, at 1:OOpm 1105 H Street Greeley, CO 80631 Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Notice to Proceed (Anticipated) Completion March 20, 2025 by 5:00pm bids@weld.gov March 21, 2025 March 27, 2025, by 10:00am P urchasing's Clock April 16, 2025 April 30, 2025 April 30, 2025 S eptember 30, 2025 Change: Bid specification dates to be changed to the following. Advertisement Date Pre -Proposal Meeting (Mandatory) Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Notice to Proceed (Anticipated) Completion February 27, 2025 March 13, 2025, at 1:00pm 1105 H Street Greeley, CO 80631 March 20, 2025 by 5:00pm bids@weld.gov March 25, 2025 April 3, 2025, by 10:00am P urchasing's Clock April 23, 2025 May 7, 2025 May 7, 2025 September 30, 2025 Questions and Answers: 1. Questions: Equipment schedule indicates GC is to provide (3) workbenches. Drawing A1.21 / keynote #12.01 indicates the owner is providing the work benches. Please clarify. Answer: GC to provide work benches. 2. Question: Comcheck for R -value at wall and roof insulation? Answer: Provide Simple Saver System in lieu of the poly-iso specified for wall and roof assemblies. Refer to Comcheck attached. Please note: Comcheck calculates the Simple Saver Roof System as "Cavity" (between guts) and "Continuous" (above guts). Comcheck calculates the the Simple Saver Wall System as "Cavity" (between girts) insulation only. See below for required R -Values of the double layer systems. - Simple Saver Roof System insulation to be R-30 (between girts) + R11 (above girts). - Simple Saver Wall System insulation to be R-30 (between girts) + R11 (compressed at outside guts). 3. Question: What type of paving is required for the alternates? Asphalt or concrete? Thicknesses? Answer: All alternates to be asphalt with total thickness to be 10" which shall include 5" of new aggregate base course that meets or exceeds CDOT Class 5 or 6 specifications. Existing road base or any base course shall not be used. Asphalt shall be 5" in total thickness and placed in two lifts with each lift no more than 3". All asphalt materials shall meet and or exceed CDOT grading S or SX specifications. Asphalt to be PG58-28 with 75 gyrations and 15-25% max RAP. Concrete aprons to be 6" thickness with 5" of road base substrate. Asphalt for H Street to be 8" thickness with 8" thickness of Class 5 or 6 aggregate base. Asphalt design criteria for H Street is to be PG64-22 with 100 gyrations and 15-25°/0 max RAP. 4. Question: Spec 111136 - Vehicle Charging Equipment. Who provides and installs? Answer: All Vehicle Charging Equipment is shown for future installation. The General Contractor is not responsible for installation of equipment. The General Contractor/Electrical Contractor is responsible for installation of conduit. 5. Question: Thickness of road base paving? Answer: Reference answer to Question 3. 6. Question: What is the size and pipe material for the water service line to the building Answer: Contractor to reference C4 of the civil drawings which calls for 1" type K copper water service. There will be a 3/4" tap and meter which will increase to 1" 5' downstream of the meter pit. Potable water piping below grade within the PC's scope of work shall be type 'K' copper. Please see "GENERAL PLUMBING NOTES' on sheet P0.1 for pipe material requirements, and the "WATER SERVICE ENTRY DETAIL" on sheet P7.1 for the water service installation requirements. 7. Question: For the proposed gravel (base bid) parking area. What is the gravel spec, thickness, and any other requirements? Answer: Contractor scarify and compact substrate and to provide 6" thickness of CDOT Class 5 or 6 road base. 8. Question: There's a note and arrow just South of the Proposed Building that says "Proposed water service" but nothing is shown. Please clarify what the scope of work is for that note. Answer: This note is to be excluded from the bid. The service line is coming from the north as shown on the C4. Reference revised C3 drawings included in this addendum. 9. Question: What is the required thickness for the concrete sidewalks around the building? Answer: Reference answer to Question 3. 10. Question: What is the concrete mix design strength and any other requirements for concrete sidewalks? Answer: Mix Exterior Concrete Design: Intended Use Exposure Class PSI 28 Day Max W/CM Ratio Max. Aggregate Slump Inches (+/- 1") Air Content Percent Cement Admix. Type Exterior On Grade Slab F3 -SO- WO -C2 5000 .40 3/4" Stone 4 6% I/ll 25% Max Ash Fly 11. Question: What is the required paving section and material for the Alternates Answer: Reference answer to Question 3. 12. Question: If they Alternates are concrete what is the concrete mix design strength and any other requirements for concrete paving? Answer: Reference answer to Question 3. 13. Question: Are the pavement markings supposed to be included as part of Alternate #3 or base bid? Answer: Contractor to include pavement markings as base bid. 14 Question Please add WH-1 to the plumbing fixture schedule Answer WH-1 has been added to the plumbing fixture schedule Refer to attached drawings included with this addendum, Sheet P8 1 15 Question In the absence of a known telephone pedestal location, please provide an assumed length of (2) 2" conduits for bidding purposes Answer Reference revised drawings included in this addendum 16 Question Section 07 4113 13 calls out PBR roof panels but budding elevations show SSR Which one is correct? FYI a Weathertightness Warranty cannot be provided on a PBR roof Answer PBR wall panels and roof panels are to be provided 17 Question Budding Sections show rigid board insulation under the metal panels Can this be replaced with two -layer Simple Saver System? A two layer system requires less labor to install compared to a rigid board exterior insulation Two layer system proposed would meet IECC 2021 See attached drawings for more info Answer Provide Simple Saver System in lieu of the poly-iso specified for wall and roof assemblies Reference answer to Question 2 18 Question Is the Comcheck reference in the plans available? Answer Reference answer to Question 2 19 Question This building is spec'd to meet Air Infiltration testing at negative pressure per ASTM E1680 This is a very labor-intensive assembly and will affect the erect pnce Please confirm if this is required and that a vaccum test will be performed? - Answer No, this is not required 20 Question A1 21 keynote 12 01 says Owner Provided and Installed Work Benches A1 23 Equipment Schedule shows all equipment as General Contractor Provided and Installed Please confirm who is providing and installing all equipment on A1 23 Air Compressor and Hose reels are also shown on the Mechanical drawings If the last 5 items in the Equipment Schedule are CFCI please confirm quantities Answer Yes, all equipment called out in the equipment schedule on the mechanical drawing and A1 23 is contractor furnished and contractor installed The plans call for 3 HD work benches on A1 23 Please reference the equipment schedule on A1 23 for quantities of each piece of equipment being CFCI 21 Question Do the Owner Provided Card Readers require conduit raceways from locations to the IT Room by the EC? Answer All access control including card readers are contractor furnished and installed per the specifications. The Contractor will be required to install conduit raceways from locations to the IT room. 22. Question: Do the Owner Provided Security Cameras or Motion Detectors require conduit raceways from locations to the IT Room by the EC? Answer: Yes, conduit raceways from locations to the IT room by contractor. 23. Question: Do the controls for the Overhead Doors need to be in conduit by the EC? Answer: Yes, contractor is to provide conduit for overhead door controls. 24. Question: Please provide a spec for SC -1 Answer: Armorseal 1000 HS Epoxy Floor Coating - Clear, or approved equal. 25. Question: Are concrete slab joint sealants required at SC -1? Answer: Yes, concrete slab joint sealant is required: Armorseal Flexible Joint Sealant, or approved equal. 26. Question: What is the height requirement for the corner guard Answer: Contractor to provide corner guards up to 48" above finish floor level. 27. Question: Please provide information on required fire extinguishers and cabinets Answer: General contractor to provide and install portable fire extinguishers. Owner to provide hangers, General Contractor to install. No cabinets are required. It is the responsibility of the General Contractor to coordinate the locations and other requirements with the AHJ 28. Question: Spec section 05 5000 lists the Metal Ladder as an aluminum ladder. A7.01 shows the ladder going to a tube steel guardrail. Please confirm if the ladder is to be aluminum or steel? Answer: Contractor to provide a fixed aluminum ladder. The tube steel guardrail is a separate component. 29. Question: Will a temporary emergency access road be required? If so what are the requirements? Materials, section, extent, etc Answer: A temporary emergency access road may be required. Access to the fuel site and the surrounding entrance / exits of Weld County Facilities cannot be blocked. Detours will be allowed if not impeding on normal Weld County Operations. 30. Question: Please provide a spec / size for the wall mounted mirror Answer: 24" x 36" mirror with 1/4" thick glass and stainless -steel frame. 31 Question Please provide a Sanitary Sewer drawing with sizing and structures and profiles Answer Sanitary and storm profile will not be provided for the project The contractor is to reference the project documents and the City of Greeley guidelines, standards, specifications and details regarding storm and sanitary Additionally, the contractor is to venfy the size, type and material of existing utilities pnor to construction Contractor shall verify horizontal and vertical locations of all utilities prior to construction and notify engineer of any discrepancies 32 Question What are the final stabilization / seeding requirements? _ Answer All disturbed areas are to be reclaimed to meet or exceed_ all local, state, and federal regulations General Seed Mixes for Weld County 30% Crested Wheatgrass, Ephraim 25% Perennial Ryegrass, VNS 20% Sheep Fescue, VNS 15% Chewings Fescue, VNS 10% Forage Bluegrass, Ginger 33 Question Please provide storm piping profiles Answer Sanitary and storm profile will not be provided for the project The contractor is to reference the project documents and the City of Greeley guidelines, standards, specifications and details regarding storm and sanitary 34 Question What is the existing depth/section of Asphalt paving in H Street? Answer The current asphalt depth is unknown Reference answer to Question 3 35 Question The light that is called out is a multi -volt light but the panel schedule is calling for the south side of the budding to be 208v but the light from what we see is not compatible with that Is there an error in the luminaire schedule or is the panel schedule incorrect? Answer Panel schedule contains typo at circuit #5 Breaker to be 20A -1P All lighting in space to be powered by 120V Refer to revised drawing included in this addendum 36 Question How deep is the existing asphalt on H Street? Should we assume a full depth asphalt patch? Answer Reference answer to Question 3 , 37 Question Can you please advise if the. PEMB Roof panels are standing seam or PBR? Answer PBR wall panels and roof panels are to be provided 38. Question: Can you please advise if the PEMB Roof panels are standing seam or PBR? Any GA Min? Answer: PBR wall panels (26 gauge) and roof panels (24 gauge) are to be provided. 39. Question: Pavement sections — the Geotech does not appear to specify the section depths for asphalt, please clarify Answer: Reference answer to Question 3. 40. Question: Existing Asphalt Depth - Is there an expected depth of the existing asphalt in the roadway which will need patched back? Answer: Reference answer to Question 3. 41. Question: Site Access - During construction, can the existing gravel drive from H Street be closed and used for construction access, or does it need to remain open for county operations? Answer: This access is to remain open for County operations. The County will accommodate road closures for sanitary install, deliveries, and road improvements. 42. Question: Drawings show rigid board insulatioin outside of the PEMB framing on walls and roof. This is not typical. Please clarify the insulation specfications for the roof and perimeter walls. Answer: Provide Simple Saver System in lieu of the poly-iso specified for wall and roof assemblies. Reference answer to Question 2. 43. Question: Please clarify the installed height of the interior metal wall liner panel. Answer: Refer to System Notes, Sheet G1.11 for liner panel height for Exterior Wall Assembly "W 1 ." 44. Question: Please clarify the metal roof panel material if PBR or standing seam. Answer: PBR wall panels and roof panels are to be provided. 45. Question: How long of a weathertightness warranty is required if we are installing standing seam roof panels. Answer: PBR wall panels and roof panels are to be provided. 46. Question: What are the R values for the building insulation? Answer: Provide Simple Saver System in lieu of the poly-iso specified for wall and roof assemblies. Reference answer to Question 2. 47. Question: What is the required finish for the metal wall and roof panels? Answer Metal wall and roof panels are to be pre -finished based on the PEMB's standard selections 48 Question Who is responsible for paying plan check fee, if required by Weld County? Answer Reference Item #4, in the Weld County Facilities Department Standard Terms and Conditions "4 Project will be permitted through Weld County Fees for Weld County Budding 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 " 49 Question Are any permit fees required by City of Greeley? _ Answer Yes and the contractor will be responsible for paying for those fees Reference answer to Question 48 50 Question Is the 'paving' add alternates concrete paving or asphalt paving? Thickness? Answer Reference answer to Question 3 51 Question Sheet A1 21 calls out for 3 owner provided, owner installed work benches, sheet A1 23 calls for these work benches to be Contractor provided Who is purchasing these? Answer Reference answer to Question 20 52 Question If contractor is purchasing, HD steel is not a selectable option on Stackbin's website Answer Heavy Duty Steel Top Workbenches are available at the link below Contractor may provide an alternative product for Owner's review and approval https //stackbin com/products/heavy-duty-steel-top- workbench?variant=40616363196513 53 Question Any landscaping or irngation requirements for this project? Electrical site plan sheet has a note for 'irngation controller' Answer This is to be omitted for bidding purposes, there is no requirement for irngation on this project 54 Question Provide Bollard foundation detail Answer, Bollard detail added to Architectural Drawings, reference attached 55 Question Sheet A1 21 calls for card reader to be by contractor Sheet a6 01 calls for card reader to be owner provided and installed Please clarify Answer: All access control including card readers are contractor furnished and installed per the specifications. The Contractor will be required to install conduit raceways from locations to the IT room. 56. Question: Is vehicle charging equipment contractor furnished and contractor installed (11 1136 - VEHICLE CHARGING EQUIPMENT)? If yes, please provide equipment information. Answer: No, All Vehicle Charging Equipment is shown for future installation. The General Contractor is not responsible for installation of equipment. The General Contractor/Electrical Contractor is responsible for installation of conduit. 57. Question: Building sections show rigid board insulation under the metal panels. Can this be replaced with two -layer Simple Saver System? A two layer system requires less labor to install compared to a rigid board exterior insulation. Two layer system proposed would mee IECC 2021.See attached drawings for more info. Answer: Provide Simple Saver System in lieu of the poly-iso specified for wall and roof assemblies. Reference answer to Question 2. 58. Question: Please provide comcheck. Answer: Reference answer to Question 2. 59. Question: This building is spec'd to meet Air Infiltration testing at negative test pressure per ASTM E1680. This is a very labor-intensive assembly and will affect the erect price. This test involves creating a vacuum inside the building and measuring leakage. If the vacuum test is not going to be performed on the completed building, can the building meet Air Infiltration at static pressures? Answer: Reference answer to Question 19. 60. Question: Are PBR panels or Standing seam panels desired for roofing? Answer: PBR wall panels and roof panels are to be provided. 61. Question: Is MC cable allowed for fixture whips? Answer: No, MC cable will not be allowed. EMT is the required conduit material. 62. Question: Is MC cable allowed behind walls and in concealed ceilings? Answer: No, MC cable will not be allowed. EMT is the required conduit material. 63. Question: Are the receptacles on sheet E3.1, note 1 expected to be cord reels? Answer: yes, cord reels 64. Question: E1.1, note 3 - Are the conduits to be 3/4"? 1" conduits or greater are usually used in underground Answer Provide 1"conduit for underground locations All other conduits to be sized based on what is called out in the plans Contractor to provide 2ea 2" conduits from electrical room to low volt pedestal 65 Question Traffic Control- Can we shut down part of H Street completely with a detour while paving or do we need to always keep one lane open? Answer The Contractor will be responsible for keeping access to each of the Weld County buildings and the fuel island 24-7 A shut down / detour in H Street will need be reviewed and approved both 'by The City of Greeley and Weld County pnor to any construction 66 Question What is the depth for the asphalt paving? No recommendations where in the geotechnical report Answer Reference answer to Question 3 67 Question Polyiso says R -value per Comcheck Can you provide the Comcheck? Answer Provide Simple Saver System in lieu of the poly-iso specified for wall and roof assemblies Reference answer to Question 2 68 Question Should the grading in the base bid account for the paving of alternates to be brought to finished grade? Or should we include the grading in each individual alternate? Answer Include grading in base bid 69 Question What is the depth for the alternate paving? Answer Reference answer to Question 3 70 Question The Scope states the Contractor is responsible for coordination with the Weld County Budding Department and local city and,fire municipalities Will the county waive permit fees? Answer No, Reference Item #4 in the Weld County Facilities Department Standard Terms and Conditions "4 Project will be permitted through Weld County Fees for Weld County Budding 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 " 71 Question The project is slated to be completed by September 30, which is 153 days away Right now, Pre -Engineered budding manufacturers are taking approximately 22 weeks to deliver the metal building Can the completion date be extended? Answer" Contractor is to provide an anticipated completion date on the bid documents This will be evaluated by Weld County and will be included in the contract documents 72. Question: For the Figure EV Charging Stations --there are 3/4" conduits. Are these just to have a pull string installed? Answer: Yes, the conduits for the EV Charging stations are for ease of future installation. 73. Question: Please Specify if the interior liner panel on the MBS walls are full height? Answer: Refer to System Notes, Sheet G1.11 for liner panel height for Exterior Wall Assembly "W1." 74. Question: Is the ceiling in room 101 to have a metal liner panel or to be exposed? Answer: No liner panel is required on the ceilings. The area is to be exposed. 75. Question: SC -1 calls out for sealed concrete floors. We were unable to locate a basis of design; please clarify. Answer: Armorseal 1000 HS Epoxy Floor Coating - Clear or approved equal. 76. Question: Is the scope of Security and Access Controls determined by the owner or GC? The Scope of Work indicates the GC, however; the plans indicate the owner if providing, Please Clarify Answer: Access control scope of work is included in the bid documents and shall be included in the bid price for the contractor to procure and install. Security system is to be provided and installed by Weld County. 77. Question: Rigid Insulation on the roof needs a substrate, either Plywood or B -Decking, there is not a manufacturer recommendation, we typically see this specified by the design team Answer: Provide Simple Saver System in lieu of the poly-iso specified for wall and roof assemblies. Refer to Comcheck attached. Please note: Comcheck calculates the Simple Saver Roof System as "Cavity" (between girls) and "Continuous" (above girts). Comcheck calculates the the Simple Saver Wall System as "Cavity" (between girls) insulation only. See below for required R -Values of the double layer systems. - Simple Saver Roof System insulation to be R-30 (between girts) + R11 (above girts). - Simple Saver Wall System insulation to be R-30 (between girls) + R11 (compressed at outside girls). 78 Question: Sheet C-3 Shows a future expansion; does that end wall need to be fully expandable? Answer: Yes the end wall is to be designed as fully expandable, as per Keynote 13.03 on A1.21. 79. Question: The specs on Sheet G1.03 show a PBR roof panel (as well as spec section 074113.13); sheet A2.01 shows a standing seam ---please clarify which is correct and the Gauge Answer" PBR wall panels (26 gauge) and roof panels (24 gauge) are to be provided 80 Question For Bidding Purposes, can you give an estimated depth of the asphalt that is to be demolished? - Answer Reference Answer to Question 3 81- Question Will Flow fill be required for the backfill of the water main? - Answer Contractor is responsible for following The City of Greeley's standards and specifications for backfill of water main 82 Question R1 Roof Assembly as shown on page G1 11 shows Rigid Insulation and underlayment between the roof puffins and metal roof panel Both of these layers are not typical in metal building roof assemblies and will have a significant added cost Liner Roof insulation systems (like Simple Saver) utilize a batt insulation layer between the roof purlins and roof panel and have met energy code on past projects Can a typical metal building assembly be used at the roof for significant savings from what is shown? Answer Provide Simple Saver System in lieu of the poly-iso specified for wall and roof assemblies 83 Question W1 "Typical Wall Assembly" as shown on page G1 11 shows a continuous air & water barner and continuous rigid poly iso insulation between the girts and metal wall panel Both of these layers are not typical in metal building wall assemblies and will have a significant added cost Liner Wall insulation systems (like Simple Saver) include a batt insulation layer in the girt cavity with thermal break tape between the girts and wall panel and have met 2018 IECC on past projects Can a typical metal building wall assembly be used at the walls for significant savings from what is shown? Answer Provide Simple Saver System in lieu of the poly-iso specified for wall and roof assemblies 84 Question R1 Roof Assembly and W1 wall assembly show 8" purlins and girts are required Can the depth of girts/purlins be determined by the metal budding manufacturer? The spans shown may be more cost-effective with 10" purlins and/or girts Answer, Yes, the size of the purlins and girts can be determined by the metal building manufacturer 85 Question Is the County hinng and paying for the,3rd party inspections (soils, compaction testing, matenal testing, special inspections)? Answer Weld County is responsible for hinng a 3'd party inspection company for soils, compaction testing, materials testing, and special inspections 86 Question Who pays for the sanitary sewer and water taps?, Answer: The Contractor is responsible for these fees. The County pays for plant investment fees. 87. Question: Please confirm the GC will be providing and paying the Builder's Risk Policy Answer: Yes, GC will be required to provide and pay for Builder's Risk Policy. 88. Question: Do you want a price per load/ ton/ cubic yard to haul off trash and debris since the amount is unknown? Answer: This area originally was used as a staging area for grass clippings, trash, and various debris. All items have been removed from the site and the contractor does not require a special price for haul off. 89. Question: Please provide a copy of the Weld County MS -4 requirements Answer: The contractor will be responsible for a Weld County grading permit and State stormwater permit under the MS -4 Guidelines which is searchable on the internet under the Weld County Code. The Contractor will be responsible for determining if the project disturbance is over an acre to follow all related guidelines. 90. Question: The plan set shows this project as less than 1 acre of total disturbance, so no State permit is required. Please confirm. However, the bid documents do call out a State permit in CEOS and the Weld County MS4 Permit. Answer: The contractor is responsible for any applicable State, federal, or local permit. 91. Question: Who submits & pays for the state stormwater permit, if required Answer: The Contractor is responsible for submitting and the associated fees. 92. Question: Who provides the storm water management report, if required Answer: The contractor is responsible for this. 93. Question: Will installation of the erosion control & BMPs be required? Answer: Yes 94. Question: All we are seeing for floor and wall finishes is rubber cove base. However, the legend shows that there is carpet and the but not shown on the floor plans. Please clarify Answer: Contractor to follow room finish schedule on A7.01 which states the following. 101, 102, and 103 to be SC -1 floor type and 104 is to be IP-3 floor type. Carpet and the are not to be included in this project. 95. Question: Per page A3.01, Facilities Storage Room 101. Keynote 13.01 calls out Pre- engineered metal building frames, (4) total. Will these metal purlins require painting? Answer: Yes 96. Question: Will the ceiling in the main storage room 101 require painting? Or is the ceiling vinyl simple saver? Answer: Facilities Storage 101 does not require painting (ceiling nor wall), this area will be the exposed Simple Saver assembly. Refer to "Room Finish Schedule" on A7.01. 97. Question: Will any walls in storage 101 require painting? Or is the ceiling vinyl simple saver? Answer: Facilities Storage 101 does not require painting (ceiling nor wall), this area will be the exposed Simple Saver assembly. Refer to "Room Finish Schedule" on A7.01. 98. Question: SC -1 calls out for Sealed Concrete floors. Please provide a Basis of Design as we were not able to locate the specification in 03 Concrete, or 09 Finishes specifications pages. Answer: Armorseal 1000 HS Epoxy Floor Coating - Clear, or approved equal. 99. Question: Per page A7.01, the platform calls out for Armorseal Tread-plex Epoxy. Is this to be applied to the wood platform deck (F2)? Answer: Yes, Armorseal Tread-Plex is to be applied to the wood platform deck (Equipment Platform 104). 100. Question: What is the thickness of the proposed pavement in the add alternates? Answer: Reference answer to Question 3. 101. Question: Given the construction type and size of building, it is not apparent a fire alarm system is required or desired. Is the contractor to bid a fire alarm system? Answer: No, a fire alarm is not required for this project. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: WCC CONSTRUCTION LLC 4/3/2025 Date of Signature Signature: Name: DAVID BODE Title: VP March 24, 2025 ACRE® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYY1� 09/30/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer nghts to the certificate holder in lieu of such endorsement(s) PRODUCER NAMECONTACT Diane Dauven, CISR Flood and Peterson r,trN , Ein) (970) 266-7111 I rat, No) (970) 330-1867 PO Box 578 ADDRESS DDauven@floodpeterson com INSURER(S) AFFORDING COVERAGE NAIC # Greeley CO 80632 INSURER', Selective Insurance Company of Amenca 12572 INSURED INSURER B Pinnacol Assurance 41190 WCC Construction LLC INSURER c Evanston Insurance Company 35378 1112 Oxbonough Lane INSURER D INSURER E Fort Collins CO 80525 INSURER F ERTIFICATE NUMBER CL2492757055 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADM SUER INSD NAM POLICY NUMBER POLICY EFF (MM/DD/44) POLICY EXP (MMIDD/YYY1� LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMSMADE ® OCCUR Y Y S2564667 05/13/2024 12/01/2025 EACH OCCURRENCE $ 1 000,000 PREM SEnEa occurrence) $ 500,000 MED EXP (Any one person) $ 15,00D pERSONALaawINJURY $ 1'000000 GENERAL AGGREGATE $ 3,000 000 GEN LAGGREGATE LIMIT APPLIES PER POLICY ® zi T LOC OTHER PRODUCTS COMP/OPAGG $ 3,000,000 Ltd Worksite Pollution $ 100,000 A AUTOMOBILE LIABILITY _ X ANY AUTO OWNED _ AUTOS ONLY HIRED _ AUTOS ONLY SCHEDULED AUTOS NONOWNED AUTOS ONLY S 2564667 05/13/2024 12/01/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA.. EXCESS LIAR X OCCUR CLAIMS -MADE S 2564667 05/13/2024 12/01/2025 EACH OCCURRENCE $ 5,000'000 AGGREGATE $ 5'000'000 $ DED I XI RETENTION $ 0 B WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANYPROPRIETOWPEAx NER/EXECUTIVE Y i In N ) EXCLUDED (Mandatory In NH) (Mandatory If yes descnhe under DESCRIPTION OF OPERATIONS below NIA 4248163 12/11/2023 12101/2024 XI STATUTE I I FOR EL EACH ACCIDENT 100,000 $ E L DISEASE EA EMPLOYEE $ 100,000 E L DISEASE POLICY LIMIT $ 500,000 C Pollution Liability CPLMOL126589 10/01/2024 12/01/2025 General Aggregate Per Occurrence Deductible $1,000,000 $1,000,000 $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as Additional Insured as required by written contract for liability caused by the'named insured subject to policy terms, exclusions, and conditions Waiver of subrogation applies where required by written contract and legally permissible This Certificate is issued as a matter of information only, confers no nghts upon the certificate holder, and does not alter the insurance coverage afforded by the policies described herein IFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County Board Of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS 1105 H Street AUTHORIZED REPRESENTATIVE Greeley CO 80632 t ,.____-__ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION All nghts reserved The ACORD name and logo are registered marks of ACORD ElitePat® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 10 23 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3 -through -9) for changes affecting your insurance protection. CO N CO N - (1) O In LL 0 0 0 DESCRIPTION Additional Insureds Primary and Non -Contributory Provision Blanket Additional Insureds — As Required By Contract • Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors) • Lessors of Leased Equipment • Managers or Lessors of Premises • Mortgagees, Assignees and Receivers • Any Other person or organization other than a joint venture • Grantors of Permits Broad Form Vendors Coverage Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Electronic Data Liability ($100,000) Employee Definition Amended Employees As Insureds Modified Employer's Liability Exclusion Amended (Not applicable in New York) Incidental Malpractice Exclusion modified Knowledge of Occurrence, Claim, Suit or Loss Liberalization Clause Mental Anguish Amendment (Not applicable to New York) Newly Formed or Acquired Organizations Non -Owned Aircraft Non -Owned Watercraft (under 60 feet) Not -for-profit Members — as additional insureds Personal And Advertising Injury — Discrimination Amendment (Not applicable in New York) Products Amendment (Medical Payments) Supplementary Payments Amended Bail Bonds ($5,000) and Loss of Earnings ($1,000) Two or More Coverage Parts or Policies Issued By Us Unintentional Failure to Disclose Hazards Waiver of Transfer of Rights of Recovery (subrogation) When Two or More Coverage Parts of this Policy Apply to a Loss Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY PAGE FOUND Page 8 Page 5 Page 7 Page 3 Page 4 Page 9 Page 5 Page 3 Page 8 Page 8 Page 8 Page 10 Page 5 Page 3 Page 3 Page 5 Page 9 Page 4 Page 4 Page 9 Page 8 Page 8 Page 3 CG 73 00 10 23 Page 1 of 10 r: TEAS PAGE IS INTENTIONALLY LEFT BLANK. Copynght, 2023 Selective Insurance Company of Ainenca All nghts reserved Includes copynghted matenal of Insurance Services Office,dnc , with -its permission INSURED'S COPY y�x CG 73 0010 23 Page 2 -of 10 ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 10 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements within the same Coverage Part apply to a loss, coverage provision(s) with the broadest language will apply, unless specifically stated otherwise within the particular amendment covering that loss. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. CO 00 CD co In LL 0 0 COVERAGES — Amendments SECTION I COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY EXCLUSIONS Employer's Liability Amendment (This provision is not applicable in the State of New York). The following is added to Exclusion e. Employer's Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion also does not apply to any "temporary worker". Non -Owned Aircraft, Auto or Watercraft A. Paragraph (2) of Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted in its entirety and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 26 feet long and not being used to carry persons or property for a charge; or (b) At least 26 feet, but less than 60 feet long, and not being used to carry persons or property for a charge. Any person is an insured who uses or is responsible for the use of such watercraft with your expressed or implied consent. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. B. The following is added to Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion does not apply to: (6) Any aircraft, not owned or operated by any insured, which is hired, chartered or loaned with a paid crew. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS. Damage To Premises Rented to You A. The last paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and replaced with the following: Exclusions c. through n. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III LIMITS OF INSURANCE. Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 10 23 Page 3 of 10 B Paragraph 6 under SECTION III - LIMITS OF INSURANCE is deleted in its entirety and replaced with the following 6 Subject to Paragraph 5 above, the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner, for all such damage caused by fire, lightning or explosion proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of the three, is the amount shown in the Declarations for the Damage To Premises Rented To You Limit C Paragraph a of Definition g "Insured contract" under SECTION V - DEFINITIONS is deleted in its entirety and replaced with the following a A contract for a lease of premises However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract", Electronic Data Liability A Exclusion p Access or Disclosure Of Confidential Or Personal Information And Data -related Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2 Exclusions is deleted in its entirety and replaced by the following p Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information or any other type of nonpublic information, or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others ansing out of that which is described in Paragraph (1) or (2) above B The following paragraph is added to SECTION III - LIMITS OF INSURANCE Subject to 5 above, the most we will pay under COVERAGE A for "property damage" because of all loss of "electronic data" ansing out of any one "occurrence" is a sub -limit of $100,000 SECTION I - COVERAGE C MEDICAL PAYMENTS EXCLUSIONS Any Insured Amendment Exclusion a Any Insured under COVERAGE C MEDICAL PAYMENTS, 2 Exclusions is deleted in its entirety and replaced with the following a Any Insured To any insured This exclusion does not apply to (1) "Not -for-profit members", (2) "Golfing facility" members who are not paid a fee, salary, or other compensation, or (3) "Volunteer workers" This exclusion exception does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part Product Amendment Exclusion f Products -Completed Operations Hazard under COVERAGE C MEDICAL PAYMENTS, 2 Exclusions is deleted in its entirety and replacer) with the following f Products -Completed Operations Hazard Included within the "products -completed operations hazard" This exclusion does not apply to "your products" sold for use or consumption on your premises, while such products are still on your premises This exclusion exception, does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B Expenses For Bail Bonds And Loss Of Earnings A Subparagraph 1 b under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is deleted in its entirety and replaced with the following b Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations ansing out of the use of any vehicle to which Bodily Injury Liability Coverage applies We do not have to furnish these bonds Copyright, 2023 Selective Insurance Company of America All rights reserved Includes copyrighted material of Insurance Services Office, Inc , with its permission INSURED'S COPY CG 73 00 10 23 Page 4 of 10 0 CO 40000FS 2564667 B. Subparagraph 1.d. under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is deleted in its entirety and replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. SECTION II - WHO IS AN INSURED — Amendments Not -for -Profit Organization Members The following paragraph is added to SECTION II WHO IS AN INSURED: If you are an organization other than a partnership, joint venture, or a limited liability company, and you are a not -for-profit organization, the following are included as additional insureds: 1. Your officials; 2. Your trustees; 3. Your members; 4. Your board members; 5. Your commission members; 6. Your agency members; 7. Your insurance managers; 8. Your elective or appointed officers; and 9. Your "not -for-profit members". However only with respect to their liability for your activities or activities they perform on your behalf. Employees As Insureds Modified A. Subparagraph 2.a.(1)(a) under SECTION II - WHO IS AN INSURED does not apply to "bodily injury" to a "temporary worker" caused by a co -"employee" who is not a "temporary worker". B. Subparagraph 2.a.(2) under SECTION II WHO IS AN INSURED does not apply to "property damage" to the property of a "temporary worker" or "volunteer worker" caused by a co -"employee" who is not a "temporary worker" or "volunteer worker". C. Subparagraph 2.a.(1)(d) under SECTION II - WHO IS AN INSURED does not apply to "bodily injury" caused by cardio-pulmonary resuscitation or first aid services administered by a co -"employee". With respect to this provision only, Subparagraph (1) of Exclusion 2. e. Employer's Liability under SECTION COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. Newly Formed Or Acquired Organizations A. Subparagraph 3.a. under SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced with the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. However, COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. B. The following paragraph is added to SECTION II - WHO IS AN INSURED, Paragraph 3: If you are engaged in the business of construction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. However, this provision only applies if you maintain or maintained an interest of at least fifty percent in that partnership or joint venture for the period of that partnership or joint venture. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than thirty-six months. With respect to the insurance provided by this provision, Newly Formed or Acquired Organizations, the following is added to SECTION IV COMMERCIAL GENERAL LIABILITY, Paragraph 4. Other Insurance, Subparagraph b. Excess Insurance: The insurance provided by this provision, Newly Formed or Acquired Organizations, is excess over any other insurance available to the insured, whether primary, excess, contingent or on any other basis. (All other provisions of this section remain unchanged) Blanket Additional Insureds — As Required By Contract A. Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION II WHO IS AN INSURED is amended to include as an additional insured: 1. Owners, Lessees or Contractors/Architects, Engineers and Surveyors a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 10 23 Page 5 of 10 b Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an _additional insured under your policy in the contract or agreement in Paragraph a above ` Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by (1) Your acts or omissions, or (2) The acts of omissions of those acting on your behalf, in the performance of your ongoing operations performed for the additional insured in Paragraph a , above However, this insurance does not apply to "Bodily injury", "property damage" or "personal and advertising injury" ansmg out of the rendenng of, or the failure _to render, any professional architectural, engineering or surveying services by or for you, including (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, and (2) Supervisory, inspection, architectural or engineering activities Professional services ,do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor A person or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph -a above are completed 2 Other Additional Ineureds Any of the following persons or organizations with whom you have agreed in a 'written contract, wntten agreement or written permit that such persons or organizations be added as -an additional insured on your commercial, general liability policy a Lessors of Leased Equipment Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury",_ "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires b Managers or -Lessors of Premises Any person or organization from whom you - lease premises, but only with `respect to hability for "bodily injury", "property ' damage" or "personal and advertising injury" caused, in whole or'in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you This insurance -does not apply_ to any "occurrence" which takes place after you cease to be a tenant of that premises Mortgagees, Assignees or Receivers - Any person or organization with respect to their liability as mortgagee, assignee or receiver and ansmg out of the ownership, maintenance or use of your premises This insurance does not apply to any "occurrence" which takes place after the mortgage is satisfied, or the assignment or receivership ends d Any Person or -Organization Other, Than A Joint Venture Any person or organization (other than a joint 'venture of which you are a member), but only with respect to liability for "bodily injury", "property damage" or "personal and _advertising injury" caused, in whole or in part, by your acts or omissions or the acts of , omissions of those acting on your behalf in the performance of your ongoing operations or _in connection with property owned by you State, or Governmental Agency or Political Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision, but only with respect -to (1) Operations performed by you or -on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authonzation, or Copynght, 2023 Selective Insurance Company of America All rights reserved Includes copyrighted material of Insurance Services Office, Inc , with its permission - INSURED°S COPY CG 73 00 10 23 Page 6 of 10 N Cr) CD CD Cr LO N U) 0 0 O (2) The following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance. This insurance does not apply to: i. "Bodily injury" or "property damage" arising out of operations performed for the federal government, state or municipality; or ii. "Bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to Paragraphs 2.b. through 2.d., this insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. B. The insurance coverage afforded to the additional insureds in this coverage extension: 1. Does not apply unless the written contract or written agreement has been signed by the Named Insured or written permit issued prior to the "bodily injury" or "property damage" or "personal and advertising injury"; 2. Only applies to the extent permitted by law; and 3. Will not be broader than that which you are required by the written contract, written agreement, or written permit to provide to such additional insured. Broad Form Vendors Coverage Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION II WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) for whom you have agreed in a written contract or written agreement to provide coverage as an additional insured under your policy. Such person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, the insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement; however this exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; or f. Products which, after distribution or sale by you, have been labeled or re -labeled or used as a container, part of ingredient of any other thing or substance by or for the vendor; however this insurance does not apply to any insured person or organization, from who you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the Named Insured prior to the "bodily injury" or "property damage". Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY CG 73 00 10 23 Page 7 of 10 Incidental Malpractice Subparagraph 2 a (1)(d) under SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced with the following (d) Ansing out of his or her providing or failing to provide professional health care services This does not apply to nurses, emergency medical technicians or paramedics if you are not in the business or occupation of providing any such professional services This also does not apply to "bodily injury" caused by cardio-pulmonary resuscitation or first aid services administered by a co -"employee" This provision does not apply if you are a Social Service or Senior Living nsk SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS - Amendments Knowledge Of Occurrence, Claim, Suit Or Loss The following is added to Paragraph 2 Duties in the Event of Occurrence, Offense, Claim or Suit under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS The requirements under this paragraph do not apply until after the "occurrence" or offense is known to 1 You, if you are an individual, 2 A partner, if you are a partnership, 3 An "executive officer° or insurance manager, if you are a corporation, 4 Your members, managers or insurance manager, if you are a limited liability company, or 5 Your elected or I appointed officials, officers, members, trustees, board members, commission members, agency members, or your administrator or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company Primary and Non -Contributory Provision The following is added to Paragraph 4 Other Insurance, b Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS This insurance is primary to and we will not seek contribution from any other insurance available to an additional insured under this policy provided that (1) The additional insured is a Named Insured under such other insurance, and (2) You have agreed in a written contract, wntten -agreement or wntten permit that this insurance would be primary and would not seek contnbution from any other insurance available to the additional insured Unintentional Failure To Disclose Hazards The following is added to Paragraph 6 Representations under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS However, if you should unintentionally fad to disclose any existing hazards in your representations to us at the inception date of the policy, or during the policy period in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon such failure to disclose hazards Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8 Transfer of Rights Of Recovery Against Others To Us under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS We will waive any right of recovery against a person or organization because of payments we make under this Commercial General Liability Coverage Part This waiver applies only if the insured has agreed in a wntten contract or wntten agreement to 1 Waive any right of recovery against that person or organization, or 2 Assume the liability of that person or organization pursuant to a written contract or wntten agreement that qualifies as an "insured contract", and 3 Include such person or organization as an additional insured on your policy Such waiver by us applies only to that person or organization identified above, and only to the extent that the insured has waived its right of recovery against such person or organization prior to loss Liberalization The following condition is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our filed company rules, your policy will automatically provide the additional coverage as of the day the revision is effective in your state Copyright, 2023 Selective Insurance Company of America All rights reserved Includes copyrighted material of Insurance Services Office, Inc , with its permission INSURED'S COPY CG 73 00 10 23 Page 8 of 10 CO CO 40000FS 2564667 Two or More Coverage Parts or Policies Issued By Us (This provision is not Applicable in the state of New York or Wisconsin). The following condition is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: It is our intention that the various coverage parts or policies issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage. We have exercised diligence to draft our coverage parts and policies to reflect this intention. However, if the facts and circumstances that will respond to any claim or "suit" give rise to actual or claimed duplication or overlap of coverage between the various coverage parts or policies issued to you by us or any company affiliated with us, the limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit under this coverage, or any one of the other coverage forms or policies. This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this coverage part or policy to which this coverage part is attached. SECTION V - DEFINITIONS Discrimination (This provision does not apply in New York). A. The following is added to Definition 14. "Personal and advertising injury": "Personal and advertising injury" also means "discrimination" that results in injury to the feelings or reputation of a natural person, however only if such "discrimination" or humiliation is: 1. Not done by or at the direction of: a. The insured; or b. Anyone considered an insured under SECTION II - WHO IS AN INSURED; 2. Not done intentionally to cause harm to another person. 3. Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. 4. Not arising out of any "advertisement" by the insured. B. The following definition is added to SECTION V - DEFINITIONS: "Discrimination" means: a. Any act or conduct that would be considered discrimination under any applicable federal, state, or local statute, ordinance or law; b. Any act or conduct that results in disparate treatment of, or has disparate impact on, a person, because of that person's race, religion, gender, sexual orientation, age, disability or physical impairment; or c. Any act or conduct characterized or interpreted as discrimination by a person based on that person's race, religion, gender, sexual orientation, age, disability or physical impairment. It does not include acts or conduct characterized or interpreted as sexual intimidation or sexual harassment, or intimidation or harassment based on a person's gender. Electronic Data The following definition is added to SECTION V DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cell, data processing devices or any other media which are used with electronically controlled equipment. For the purpose of the Electronic Data Liability coverage provided by this endorsement, Definition 17. "Property damage" is deleted in its entirety and replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purpose of the Electronic Data Liability coverage provided by this endorsement, "electronic data" is not tangible property. Employee Amendment Definition 5. "Employee" under SECTION V DEFINITIONS is deleted in its entirety and replaced by the following: 5. "Employee" includes a "leased worker", or a "temporary worker". If you are a School, "Employee" also includes a student teacher. Golfing Facility The following definition is added to DEFINITIONS: "Golfing facility" means a golf course, range, or miniature golf course. Copyright, 2023 Selective Insurance Company of America. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. INSURED'S COPY SECTION V golf club, driving CG 73 00 10 23 Page 9 of 10 Mental Anguish Amendment (This provision does not apply in New York) Definition 3 "Bodily injury" under SECTION V - DEFINITIONS is deleted in its entirety and replaced with the following 3 "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time This includes mental anguish resulting from any bodily injury, sickness or disease sustained by a person (In New York, mental anguish has been determined to be "bodily injury") Not -for-profit Member The following definition is added to SECTION V - DEFINITIONS "Not -for-profit member" means a person who is a member of a not -for-profit organization, including clubs and churches, who receives no financial or other compensation Copyright, 2023 Selective Insurance Company of Amenca All nghts reserved Includes copynghted material of Insurance Services Office, Inc , with its permission INSURED'S COPY CG 73 00 10 23 Page 10 of 10 Contract Form Entity Information Entity Name* WCC CONSTRUCTION LLC Contract Name* GROUNDS BUILDING Contract Status CTB REVIEW Contract Description CONSTRUCT NEW GROL NDS BUILDING. Contract Description 2 Contract Type* CONTRACT Amount* $1 ,198,000.00 Renewable* NO Automatic Renewal Grant IGA Entity ID* @00045160 Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weld.go v Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYc�WEL D.GOV l Contract ID 9414 Contract Lead* CNAIBAUER Contract Lead Email cnaibauer@weld.gov New Entity? Requested BOCC Agenda Date* 05'14/2025 Parent Contract ID Requires Board Approval YES Department Project # Due Date 05-'10,'2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head PATRICK O'NEILL DH Approved Date 05 !1 9'2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 05/28/2025 Review Date* 12/31/2025 Committed Delivery Date Contact Type Contact Email Finance Approver RUSTY WILLIAMS Renewal Date Expiration Date* 12/31/2025 Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 05;20 2025 Tyler Ref # AG 052825 Originator CNAI BAU ER Legal Counsel BYRON HOWELL Legal Counsel Approved Date 05/20 2025 April 22, 2025 PUBLIC INFORMATION DEPARTMENT (970) 336-7203 1150 O St., P.O. Box 758 Greeley, CO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Grounds Building — B2500036 As advertised this bid is for the new Grounds Building for the Facilities Department. The low base bid is from WCC Construction LLC and meets the specifications. Therefore, the Facilities Department is recommending the award to WCC Construction LLC in the amount of $1,198,000.00. The Facilities Department is not considering alternates for this bid and is only basing low bid on base bid price. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Facilities Director 4/Z3 ZOZ5-09(0I &-,OOZE WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverettaweld.bov cgeisertaweld.bov ttaylor(a�weld.gov Phone: 970-400-4222, 4223 or 4454 DATE OF BID: MARCH 27, 2025 REQUEST FOR: GROUNDS BUILDING DEPARTMENT: FACILITIES BID NO: B2500036 PRESENT DATE: APRIL 9, 2025 APPROVAL DATE: APRIL 23, 2025 VENDOR AMOUNT TCC Corporation 6820 Powell Street Loveland, CO 80538 Swift Builders, LLC 149 W. Harvard Street, Suite 302 Fort Collins, CO 80525 Golden Triangle Construction LLC 8118 Raspberry Way Frederick, CO 80504 L4 Construction LLC 2350 17th Avenue #204 Longmont, CO 80501 Baker Builders, LLC 5660 Iris Parkway Frederick CO 80504 Anderson Construction Co., Inc. P.O. Box 103005 Denver, CO 80250 WCC Construction LLC 1112 Oxborough Lane Fort Collins, CO 80525 Growling Bear Company Inc 2330 4th Avenue Greeley, CO 80631 $1,199,997.00 $1,291,396.00 $1,329,870.00 $1,333,656.00 $1,344,398.00 $1,356,339.00 $1,427,900.00 $1,441,500.00 2025-0961 `-1/9 'lei 00? -1 PAGE 2 DATE OF BID: MARCH 27, 2025 REQUEST FOR: GROUNDS BUILDING DEPARTMENT: FACILITIES BID NO: B2500036 VENDOR AMOUNT Gerald H. Phipps, Inc. Dba GH Phipps 5995 Greenwood Plaza Blvd., Suite 100 Greenwood Village, CO 80111 Commercial Building Services, Inc. 7561 S. Grant Street, Suite A-4 Colorado, CO 80122 KR Construction Group Inc. 1029 S. Sierra Madre Street Colorado Springs, CO 80903 Buildings by Design 515 Industrial Park Road Brush, CO 80723 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. $1,487,468.00 $1,602,142.00 $1,699,678.53 $1,982,391.00 Hello