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HomeMy WebLinkAbout20250721.tiffC ontva U9 359 SUPPLY AGREEMENT BETWEEN WELD COUNTY AND US STANDARD SIGN THIS AGREEMENT is made and entered into this Z134 -day of VI 2025 by and between the Board of Weld County Commissioners, on behalf of Weld County Public Works, hereinafter referred to as "County," and US Standard Sign, hereinafter referred to as "Contractor". WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. 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 attached 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. B2500032. Exhibit B consists of Contractor's Response to County's Request. 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 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. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. 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. coneCip\- y/zlfZ cc ;onbuse (FW) P 4O -M 2625-01Z I EC 0 0S3 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach. Nothing herein shall be construed as giving Contractor the right to provide materials or services under this Agreement beyond the time when such materials or services become unsatisfactory to the County. 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 completed or partially completed Work 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. 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. 6. Compensation; Invoicing. Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor as set forth in the 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. 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). Unless otherwise provided in the 2 Exhibits, Contractor shall invoice County for all matenals supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe 7 kidepe€ dent 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 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 the Work without County's prior wntten consent, which may be withheld in County's sole discretion County shall have the nght 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 Warranty Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the 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 Contractor warrants that it has title to the materials supplied and that they are free and clear of all liens, encumbrances, and security interests In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies This warranty shall commence on the date of County's final inspection and acceptance of the materials The Contractor warrants that the materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose 3 intended, they are merchantable, of good quality, and free from defects, whether patent or latent, in matenal or workmanship, and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein Service Calls in the First One Year Period Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County 1®. Acceptance of Services Not a Waiver. 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 exists 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 11 Insurance Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to tnis Agreement, and shall keep the required insurance coverage in force at all times dunng the term of the Agreement, or any extension thereof, and dunng any warranty period For all cp verages, Contractor's insurer shall waive subrogation rights against County Contractor shall provide coverage with limits of liability no less than those stated below 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 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 Required Types of Insurance Ilforkers' Compensation and Employer's Liability Insurance as required by state statute, covering all of 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 4 Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 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 ensured language "County, its elected officials, trustees, 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 " Such policy shall include Minimum Limits as follows Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12 Proof of insurance 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, 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 certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) 5 required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act 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 matenal breach of contract All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time 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 formai contract amendment but may be made by administrative action 13 additional Insurance Related Requirements 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 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 suchcoverage is in force ) Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, 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, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given 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, I I 6 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 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 Failure of the Contractor to fully comply with these requirements dunng 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 14 Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County 15 No limitation of Liability The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own nsks 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 16 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 17 Indemnity The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes 7 any claim or amount arising out of or recovered under the Workers' Compensation law or ansi g out of the failure of such bontractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that 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 Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable in cdnsideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County 18 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 atternpts by Contractor to assign or transfer its rights hereunder without such pnor 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 19 Examination of Records To the extent required by law, the Contractor agrees that a 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 Contractoi, involving all matters and/or transactions related to this Agreement Contractor agrees to maintain these documents for three years from the date of the last payment received 20 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 21 Notices. County may designate 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 as identified below All notices or other communications (including annual maintenance maoe by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances (a) personal service by a reputable courier service requiring signature for receipt, or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract, or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party, or 8 Either party may change its notice address(es) by written notice to the other Notice may be sent to TO CONTRACTOR Name Daniel Martin Position Vice President Address 11400 Addison Ave, Franklin Park, IL 60131 E-mail DMARTIN(a�USSTANDARDSIGN COM Phone 847-447-2236 TO COUNTY Name Kevin Hettinger Position Public Works Maintenance Support Division Supervisor Address 1111 H ST, Greeley, CO 80631 E-mail khettinger(c�weld gov Phone 970-400-3782 ll 22. Compliance with Lave Contractor snail 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 23. 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 24. 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 25 Fund Availability Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropnated, 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 26 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 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement 9 ; (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination 28 Severabiloty If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties 29 ! Non -Waiver No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, nghts, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10- 101 et seq , as applicable now or hereafter amended 30 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 31 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 32. 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 IIsaid 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 33 I 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 comply with all other requirements of federal or state law 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 10 34. 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. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, 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. CONT,CTOR: By: eji Name: Date of Signature: (1/1/ZS— Title: V re WELD COUNTY: ATTEST: m-4. Weld County Clerk to the Board BY.: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO eputy Clerk to the Board' �I� Jj ;merry L. c`/ck, Chair APR 2 1 2025 7025-072-1 Exhibit A Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 Supply (Recurring) - Invitation for Bid (IFB) Cover Sheet Bid Number: B2500032 Title: 2025 Sign Material Supply Advertisement Date: February 20, 2025 Questions Due: March 4, 2025, by 3:00 PM Questions Posted: March 6, by 3:00 PM Questions email: bids@weld.gov Bid Due Date: March 13, 2025, by 11:00AM Purchasing's Clock Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Schedules IFB Attachments Attachment 1 - Sign Material Bid Schedule Schedule A: Bid Instructions S chedule B: Scope of Work S chedule C: Project Schedule S chedule D: Bid Form S chedule E: Insurance & Bonds S chedule F: Weld County Contract Form Revision 1-2025 Table of Contents Supply (Recurring) - 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 Pricing Method 6 Specific Requirements and Responsibilities 6 Schedule C - Procurement Schedule 8 Schedule D — Bid Response Form 9 Bid Submittal Instructions 9 Fees 9 Attestation 9 Schedule E — Insurance 11 Insurance 11 Insurance Mailing Information 13 Schedule F - Weld County Contract 14 Contractual Obligations 14 Weld County Standard Contract 14 B2500032 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: 2025 Sign Material Supply Bids will be received until: March 13, 2025 at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on March 13, 2025 at 11:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Microsoft By Phone Teams Meeting Join the meeting now Phone +1 720-439-5261„711368021# Dial in by phone ID: 235 pP6ub2i6 258 432 20 United conference States, ID: Denver 711 368 021# Passcode: 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(a�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 representative, followed by the signature and title of the person signing. Bids by corporations B2500032 3 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 B2500032 4 negative impact on Weld County in the current term or in any future terms B2500032 5 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide 2025 Sign Material Supply. The Agreement shall commence April 2, 2025, and continue in force until April 1, 2026. 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. Pricing Method Unit Pricing: Unit pricing is where the contractor simply sets a price for each unit of type of work, or category of cost. Specific Requirements and Responsibilities Public Works is seeking pricing for material for making roadway signs with the following specifications. 1. Pricing must include delivery to Weld County Public Works located at 1111 H -Street, Greeley, CO 80631. 2. Delivery instructions. a. Bidder must provide 48 hours' notice prior to delivery. b. Delivery times will be between the hours of 7:00 a.m. and 2:00 p.m., Monday thru Friday c. Delivery contacts shall be Kevin Hettinger 970-400-3782 or Ryan Reynolds 970-400- 3780. 3. Items will be ordered on an as needed basis starting from time of bid agreement through April 1, 2026. 4. The following items are being sought. The sizes and shape are indicated in Attachment 1 — Bid Schedule. Bidder shall enter the corresponding price for each type. a. Aluminum sign blanks shall be to be a minimum of .080 thickness, and anodized aluminum. b. Sign Blanks with applied facings shall be minimum Diamond DG3 or equivalent. c. Reflective Tape — Temporary Pavement Marking shall be 4" Wide rolls, minimum HI, foil backed with factory applied adhesive foil backing. d. Barricade Sheeting Materials shall be 8" x 50 -yard rolls, HIP, Pressure Sensitive, with adhesive backing — (Stripes are to be 6" Wide) (Downward angle indicates right or left slant) Minimum: High Intensity Prismatic (HIP). e. Reflective Sheeting shall be 150' lengths, pressure sensitive, with adhesive backing, and must be 3M Diamond Grade Serries 4000 Sheeting. f. Reflective Sheeting Engineering Grade shall be 150' length and must be 3M brand. B2500032 6 g Film and Vinyl shall be high performance film, opaque cast, 2 mil, high gloss film with clear pressure sensitive adhesive and synthetic adhesive backing, compatible with HIP sheeting and Diamond VIP This matenal is equivalent to 3M 7725 senes Paper backing will not be accepted h Transfer tape (pre -masking tape) i Protective Laminate Sheeting shall be 150' lengths, with adhesive backing Sign sheeting protective laminate, must be 3M 1170i j Traffic Control cones shall be Minimum 28" height, heavy base, orange with two HIP or Diamond VIP reflective bands, 6" wide band, heavy base k Traffic Channelizer Drums shall be minimum 40" height and a minimum 36" width Orange stackable with 25 lb rubber bases with minimum HIP retroreflective bands Built-in carry handle with top holes for barncade lights I Chip Seal Markers shall be yellow reflective, double -sided and self-adhesive with clear removable lens cover Size 4 inch m Type I Vertical Panel to meet or exceed MUTCD requirements Orange vertical indicator panels with minimum HIP orange and white reflective sheeting (8"x36"), 6" stnpes, stnped left on one side and stnped nght on the other side Stackable with carry top handle for barricade light 30 -pound rubber bases with molded carry handle n Type III Barricade panels to be white plastic panels, no holes and no sheeting required o Square tubing, steel square tubing, galvanized or zinc, with 7/16th holes on 1" centers on all four sides, full length Each post shall come with 1 base, 36" in length, 2 25" bases will have 7/16th holes on 1" centers, 3" bases will have IA" holes minimum quantity of 2 on each side 1" centers, and mounting hardware prescnbed p Dnvable Fiberglass Delineator posts shall be 62" in height, 3-3/4" wide and have HIP reflective sheeting q Shur -Flex delineators with no reflective sheeting required 5 Attachment 1 — Bid Schedule is where bidders shall enter the corresponding pnce for each type Attachment 1 — Bid Schedule must be returned in an original MS Excel file with bid submission Failure to do so will result in a non -responsive bid B2500032 7 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Completion February 21, 2025 March 4, 2025, by 3:00 PM bids@weld.gov March 6, 2025 March 13, 2025, by 11:00am Purchasing's Clock April 2, 2025 April 9, 2025 April 1, 2026 B2500032 8 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 11:00 AM on March 13, 2025. 1) Schedule D - Bid Response Form 2) Attachment 1 - Bid Schedule 3) Any potential or future Addenda must be completed/acknowledged. 4) 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 the material items on each item as listed in Attachment 1 — Bid Schedule. Attachment 1 — Bid Schedule must be returned in an original MS Excel file with bid submission. Failure to do so will result in a non -responsive bid. 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. #B2500032. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 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: B2500032 9 By Name Title B2500032 Date of Signature 10 Schedule E — Insurance Insurance Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of 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 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 elected officials, trustees, 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." Such policy shall include Minimum Limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal/Advertising Injury 1,000,000 2,000,000 2,000,000 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Proof of Insurance. 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 B2500032 11 the County, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds"i for work that is being performed by the Contractor On insl rance 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 certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract ' Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act 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 penod 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 All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project descnption shall be noted on the certificate of insurance The County reserves the nght to require complete, certified copies of all insurance policies for examination required by this Agreement at any time 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 Additional Insurance Related Requirements. The County requires that all policies of insurance be written'on a pnmary basis, non-contnbutory with any other insurance coverages and/or self- insurance carried by the County 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 Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carner shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or matenal changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days pnor notice may be given 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 62500032 12 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 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. 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. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 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: Kevin Hettinger Email: khettinger@weld.gov Telephone: (970)-400-3782 Mail: Weld County Public Works ATTN: Sign Material Supply Kevin Hettinger PO Box 758 Greeley, CO 80632 B2500032 13 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on aproject-by-project basis that provide further clarification. Weld County Standard Contract Supply Agreement Between Weld County and [Contractor] THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. 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 B2500032 14 document and in the attached 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. B Exhibit B consists of Contractor's Response to County's Request. 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 n ecessary to perform and complete the Work described in the attached Exhibits. 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. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. 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. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience u pon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon n inety (90) days written notice to County. Either Party may immediately terminate this Agreement u pon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach. Nothing herein shall be construed as giving Contractor the right to provide materials or services under this Agreement beyond the time when such materials o r services become unsatisfactory to the County. 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 completed or partially completed Work 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. Upon termination of this Agreement by County, Contractor shall have n o 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. 6. Compensation; Invoicing. Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by B2500032 15 County unless a Change Order authonzing such additional payment has been specifically approved by Weld County If, at any time dunng 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 wntten 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 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 penod 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) Unless otherwise provided in the Exhibits, Contractor shall invoice County four all matenals supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe 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 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 the Work without County's pnor 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 Contract Or, 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. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the 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 Contractor warrants that it has title to the B2500032 16 matenals supplied and that they are free and clear of all liens, encumbrances, and security interests In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty penod, unless a greater time is stated in the Exhibits, dunng which the Contractor must correct any failures or deficiencies This warranty shall commence on the date of County's final inspection and acceptance of the matenals The Contractor warrants that the matenals to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended, they are merchantable, of good quality, and free from defects, whether patent or latent, in matenal or workmanship, and the matenals sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein Service Calls in the First One Year Penod Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the matenals purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said matenals are first supplied to Weld County 10. Acceptance of Services Not a Waiver. 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 exists shall not impair or prejudice any nght 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 nghts under this Agreement or under the law generally 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covenng all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times dunng the term of the Agreement, or any extension thereof, and dunng any warranty penod For all coverages, Contractor's insurer shall waive subrogation rights, against County Contractor shall provide coverage with limits of liability no less than those stated below 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 Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authonzed 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 Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covenng all of 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 appropnate sole propnetor waiver form Minimum Limits B2500032 17 Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 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 g additional insured language "County, its elected officials, trustees, 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 " Such policy shall include Minimum Limits as follows Ea Ich Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -awned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12 Proof of Insurance. 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 entenng 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, its elected officials, trustees, employees, agents, and volu n teers 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 certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract! Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act 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 penod 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 B2500032 18 All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project descnption shall be noted on the certificate of insurance The County reserves the nght to require complete, certified copies of all insurance policies for examination required by this Agreement at any time 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 13 Additional Insurance Related Requirements. The County requires that all policies of insurance be wntten on a pnmary basis, non-contnbutory with any other insurance coverages and/or self-insurance carned by the County 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 Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carner shall provide a minimum of 30 days advance wntten notice to the County for cancellation, non -renewal, suspension, voided, or matenal changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days pnor notice may be given 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 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 -I Agreement 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 14. Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-descnbed insurance pnor to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County B2500032 19 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor' from liabilities that might anse out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own nsks 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 16. Mutual Cooperation The County and Contractor shall cooperate with each other in the collectionof 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 I 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or ansing out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that 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 Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County l 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 19. Ex urination of Records. To the extent required by law, the Contractor agrees that a 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 Contractor agrees to maintain these documents for three years from the date of the last payment received 20. 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 21. Notices. County may designate its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with B2500032 20 reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative as identified below. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: E-mail: Phone: TO COUNTY: Name: Position: Address: E-mail: Phone: 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. B2500032 21 27. 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 requirements) shall survive any such expiration or termination I 28. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceiable by a court of competent junsdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties I 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, nghts, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq , as applicable now or hereafter amended I 30. 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 stnctly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim sr nght 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 ,31. 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 32. Chloice 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 Distnct Court shall have exclusive junsdiction to resolve said dispute 33. No (Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthonzed 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 unauthonzed alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notanzed affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation If Contractor fads 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 34. 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 B2500032 22 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or wntten, and any other communications between the parties relating to the subject matter of this Agreement CONTRACTOR By Name Title WELD COUNTY ATTEST Weld County Clerk to the Board BY Date of Signature BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Deputy Clerk to the Board Perry L Buck, Chair B2500032 23 ;5, rt!?e_r BCancSiz and Se ?"r� 32 48"X48" Octagon 33 48"X48" Diamond 34 48"X48" Diamond I Item��=fir, ��' ,���� •��"' m e"r � otCWidtti 4 35 4 inches 36 4 inches R1-1 / STOP W SERIES / YELLOW WITH BORDER W SERIES / ORANGE WITH BORDER 37 8 inches 50 yards 38 8 inches 50 yards 39 8 inches 50 yards 40 8 inches 50 yards 41 30 inches 50 yards 42 30 inches 50 yards 43 30 inches 50 yards 44 36 inches 50 yards 45 36 inches 50 yards 46 36 inches 50 yards 47 36 inches 50 yards 48 48 inches 50 yards 49 30 inches 50 yards 50 36 inches 50 yards 51 48 inches 50 yards 52 30 inches 50 yards 53 30 inches 50 yards 54 30 inches 50 yards 55 30 inches 50 yards 56 4 inches 100 feet 57 8 inches 100 feet 58 12 inches 100 feet 59 15 inches 100 feet 60 24 inches 100 feet Red/White Yellow/Black Orange/Black 2 2 2 White Temp Pavement Marking Yellow Temp Pavement Marking 0/W Left Slant Barricade Sheeting HIP O/W Right Slant Barricade Sheeting HIP R/W Left Slant Barricade Sheeting HIP R/W Right Slant Barricade Sheeting HIP Yellow Reflective Sheeting 4000 series White Reflective Sheeting 4000 series Florescent Green Reflective Sheeting 4000 series White Reflective Sheeting 4000 serves Yellow Reflective Sheeting 4000 series Florescent Green Reflective Sheeting 4000 series Orange Reflective Sheeting 4000 series White Reflective Sheeting 4000 series White Reflective Sheeting Eng Grade 3M White Reflective Sheeting Eng Grade 3M White Reflective Sheeting Eng Grade 3M Black High Performance Film White High Performance Film Cardinal Red High Performance Film Intense Blue High Performance Film Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) 61 62 63 64 65 66 Bid�lt� `^�Number__�Descriptioti � �`��T4z-:��� 67 Traffic Cones 68 Traffic Cones 69 Traffic Drums 70 Traffic Drums 70 Chip Seal Markers 70 Type I Verticle Panel _ 71 Type III Barricade Panel Number "-,Post Size';�', 30 inches 36 inches 48 inches 30 inches 36 inches 48 inches 72 2"x 2"x10' 73 2" x 2" x 12' 74 25"x25"x12' ember 75 76 77 78 3-3/4", 62" H 3-3/4", 62" H 48" tall 13" flat top 36" round 100 feet 100 feet 100 feet 50 yards 50 yards 50 yards none Weld County name or logo none Weld County name or logo 1" thick 'auge`' 14 gauge 14 gauge 12 gauge Color and reflective White post, 3 yellow strips White post, 1 white strip green post yellow post R- 28" tall 28" tall 40" tall 40" tall 4 inch 36" tall x 8" wide 10' long x8wide 2 25"x 2 25"x36" 2 25" x 2 25" x 36" 3" x 3" x 36" Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Protective Overlay Sheeting 3M 1170i Protective Overlay Sheeting 3M 1170i Protective Overlay Sheeting 3M 1170i Go Orange and White Orange and White Orange and White Orange and White Yellow Reflective Orange White - 7, ',��ia �� 4i n� Price ,,_ Umt Price corner bolt and nut corner bolt and nut 2 appropnate shoulder bolts and nut Dnvable Fiberglass Delineator Dnvable Fiberglass Delineator drivable square tubing Shur -Flex Delineator surface mount Shur -Flex Delineator tri Addendum # 1 Bid Request Number B2500032 2025 Sign Material Supply Questions & Answers: Avery Dennison kindly submits the proposed product acceptance request in reference to Bid 2025 Sign Material Supply B2500032. Please reference the below crosswalk reflecting all comparison products. AST M Type Type I Type III/IV Series T-1000, W- 1000 T-2000, W- 2000 T-6000, W- 6500 Avery Dennison Products Description Type VIII T-7000 W-7514 Type IX* Type XI Overlay Overlay Overlay Transfer t Tape Transfer Tape Printable Vinyl T-9500* T-11000, W- 11000 OL-1000 Glass Beaded Engineer Grade Sheeting Prismatic Engineer Grade Sheeting High Intensity Prismatic Sheeting (HIP) MVP Maximum Visual Performance Sheeting MVP Maximum Visual Performance Sheeting, FL OL-2000 OL-3003 AT65 AT75 SC -950 OmniView* OmniCube Full Cube Microprismatic Anti -Graffiti Overlay Film Acrylic Transparent Overly Film Overlay Pet Liner Transfer Tape AT65 Transfer Tape AT75 Vinyl, Black, White, Clear, Colors Series 3M Products Description 3270, 3290 Engineer Grade Sheeting 3430 3900 3924S 3990 Prismatic Engineering Grade High Intensity Grade Prismatic Sheeting (HIP) Diamond Grade, Fluorescent Orange 4000 1160 1170 Diamond Grade VIP Diamond Grade DG3 Anti -Graffiti Overlay Film ElectroCut Overlay Film SCPS-2 TPM5 7725- 10,12 Transfer Tape Transfer Tape Vinyl Series Avery Dennison products meet ASTM standards. Here is a link to Avery Dennison Product Data Bulletins: https://reflectives.averydennison.com/en/home/customer- tools/product-data-bulletins/north-america.html Thank you for your consideration. We look forward to your response. 3M materials used on the County owned HP 365 Latex printer using FlexiPRINT & Cut Authorized 3M TM Traffic Edition Software are warranted by 3M. Weld County has not been made aware of any updates that would warrant equivalent materials in similar Exhibit B Weld County Finance Deparanent Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 Supply (Recurring) - invitation for Bid (IFB) Cover Sheet Bid Number B2500032 Title 2025 Sign Material Supply Advertisement Date February 20, 2025 Questions Due March 4, 2025, by 3 00 PM Questions Posted March 6, by 3 00 PM Questions email bids(cr�weld gov Bid Due Date March 13, 2025, by 11 00AM Purchasing's Clock Bid Delivery Preferred email to bidsAweld goy or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information bids(cweld gov Documents Included in this Bid Package IFB Schedules IFB Attachments Attachment 1 — Sign Matenal Bid Schedule Schedule A Bid Instructions Schedule B Scope of Woi k Scnedule C Project Schedule Schedule D Bid Form Schedule E Insurance & Bonds Schedule F Weld County Contract Form Revision 1-2025 Table of Contents Supply (Recurring) - Invitation for Bid (IFB) Cover Sheet Documents Included in this Bid Package IFB Schedules IFB Attachments Table of Contents Schedule A - Bid Instructions Purpose/Background Bid Advertisement Bid Submission Introductory Information Cooperative Purchasing Schedule IB - Scope of Work Project Overview Method of Procurement Pncing Method Specific Requirements and Responsibilities Schedule C - Procurement Schedule Schedule D — Bid Response Form Bid Submittal Instructions Fees Attestation Schedule E — Insurance Insurance Insurance Mailing Information Schedule F - Weld County Contract Contractual Obligations Weld County Standard Contract 1 1 1 1 2 3 3 3 3 3 4 6 6 6 6 6 8 9 9 9 9 11 11 13 14 14 14 B2500032 2 Schedule A a =:id 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 2025 Sign Material Supply Bids will be received until: March 13; 2025aFf1 00-llli (Weld County Purchasing Tome Clock). The submitted bids wioll be read over a Microsoft Teams Conference Call on March 13, 2025 at 11.30 AM To Join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Doom, 1301 N. 17th Avenue, Greeley, CO 80631 Microsoft Teams Join the meeting now Meeting ID 235 258 432 20 Passcode pP6ub2i6 By Phone Dial in by phone +1 720-439-5261„711368021# United States, Denver Phone conference ID 711 368 021# Bid Advertisement You can find information concerning this request on the BidNet Direct website at https //www bidnetdirect corn/ 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 bodsAweld.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 representative, followed by the signature and title of the person signing Bids by corporations B2500032 3 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 pnnted 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 Mahager 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, specs if cations, 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 thei 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 thei 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, panting, 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 Coilmmissioners 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 distracts, or political subdivisions in the event they would have a need for the same product/service Usage by any entity shall not have a B2500032 4 negative impact on Weld County in the current term or in any future terms B2500032 5 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide 2025 Sign Material Supply The Agreement shall commence Apnl 2, 2025, and continue in force until Apnl 1, 2026 Method Of Procurement invitdtron for Bid (IFB)• rs-a-procurement-method-often-refarred-to--as-a-sealed-btd-saitettation-- 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 Pricing €ilethod Unit Pricing Unit pricing is where the contractor simply sets a price for each unit of type of work, or category of cost Specific Requirements and Responsibilities Public Works is seeking pricing for material for making roadway signs with the following specifications 1 Pn'Icing must include delivery to Weld County Public Works located at 1111 H -Street, Greeley, CO 80631 2 Delivery instructions a Bidder must provide 48 hours' notice prior to delivery b Delivery times will be between the hours of 7 00 a m and 2 00 p m , Monday thru Fnday c Delivery contacts shall be Kevin Hettinger 970-400-3782 or Ryan Reynolds 970-400- 3780 3 Items will be ordered on an as needed basis starting from time of bid agreement through April 1, 2026 4 Th'e following items are being sought The sizes and shape are indicated in Attachment 1 — Bid Schedule Bidder shall enter the corresponding price for each type a Aluminum sign blanks shall be to be a minimum of 080 thickness, and anodized aluminum b Sign Blanks with applied facings shall be minimum Diamond DG3 or equivalent c Reflective Tape — Temporary Pavement Marking shall be 4" Wide rolls, minimum HI, foil backed with factory applied adhesive foil backing d Barricade Sheeting Materials shall be 8" x 50 -yard rolls, HIP, Pressure Sensitive, with adhesive backing — (Stripes are to be 6" Wide) (Downward angle indicates nght or left slant) iVlinimum High Intensity Pnsmatic (HIP) e Reflective Sheeting shall be 150' lengths, pressure sensitive, with adhesive backing, and must be 3M Diamond Grade Sernes 4000 Sheeting f Reflective Sheeting Engineering Grade shall be 150' length and must be 3M brand B2500032 6 g Film and Vinyl shall be high performance film, opaque cast, 2 mil, high gloss film with clear pressure sensitive adhesive and synthetic adhesive backing, compatible with HIP sheeting and Diamond VIP This material is equivalent to 3M 7725 series Paper backing will not be accepted h Transfer tape (pre -masking tape) i Protective Laminate Sheeting shall be 150' lengths, with adhesive backing Sign sheeting protective laminate, must be 3M 1170i i Traffic Control cones shall be Minimum 28" height, heavy base, orange with two HIP or Diamond VIP reflective bands, 6" wide band, heavy base k Traffic Channelizer Drums shall be minimum _40"heIght_and_a_minimunz36"width _ ®range stackabie with 25 lb rubber bases with minimum HIP retroreflective bands Built-in carry handle with top holes for barricade lights I Chip Seal Markers shall be yellow reflective, double -sided and self-adhesive with clear removable lens cover Size 4 inch m Type I Vertical Panel to meet or exceed MUTCD requirements ®range vertical indicator panels with minimum HIP orange and white reflective sheeting (8"x36"), 6" stripes, striped left on one side and striped right on the other side Stackable with carry top handle for barricade light 30 -pound rubber bases with molded carry handle n Type III Barncade panels to be white plastic panels, no holes and no sheeting required o Square tubing, steel square tubing, galvanized or zinc, with 7/16th holes on 1" centers on all four sides, full length Each post shall come with 1 base, 36" in length, 2 25" bases will have 7/16th holes on 1" centers, 3" bases will have lA" holes minimum quantity of 2 on each side 1" centers, and mounting hardware prescnbed p Drivable Fiberglass Delineator posts shall be 62" in height, 3-3/4" wide and have HIP reflective sheeting q Shur -Flex delineators with no reflective sheeting required 5 Attachment 1 — Bid Schedule is where bidders shall enter the corresponding price for each type Attachment 1 — Bid Schedule must be returned in an original MS Excel file with bid submission Failure to do so will result in a non -responsive bid 82500032 7 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation Advertisement Date Technica-I-Questions-De _ Te hnical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Completion February 21, 2025 --March-4,2025,-by 3 00 KA bids(cweld goy March 6, 2025 March 13, 2025, by 11 00am Purchasing's Clock Apnl 2, 2025 April 9, 2025 April 1, 2026 B2500032 8 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 11:00 AID on March 13, 2025 1) Schedule D — Bid Response Form 2) Attachment 1 — Bid Schedule 3) Any potential or future Addenda must be completed/acknowledged 44- Atl_o₹ber-i#ems-as-req #ed-u-the Bid Specifications and/or Scepe-e#-Werra 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 of may be disqualified Fees Provide fees for the material items on each item as listed in Attachment 1 — Bid Schedule Attachment 1 — Bid Schedule must be returned in an original IBS Excel file with bid submission Failure to do so will result in a non -responsive bid Attestation The undersigned, by his or her signature, hereby acknowledges and represents that The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No #82500032 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 contacting 5 Acknowledgement of Schedule E — Insurance 6 Acknowledgment of Schedule F — Weld County Contract 7 By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County 8 Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County The bid(s) may be awarded to more than one vendor Item Company Name Address Phone Email FEIN/Federal Tax ID # CONTRACTOR Entry Ilyoo AA,14s0A t�ovtk. 6 %47-yyi-zz3t,o -DMARTi& US SrAnb_AnbS‘C,NzoN1 3‘-Zt58&o.5 oi3 82500032 9 By Name ---6p,N ,e L. MA -2:1 ii Title \IP 3/lz ZS Date of Signature B2500032 10 Schedule E Insurance Insurance Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of 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-sfaH-not apply whena-C--ontraLlui ul 5uhuunhaclur 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 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 elected officials, trustees, 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 " Such policy shall include Minimum Limits as follows Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Proof of Insurance. 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 B2500032 11 the County, 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 certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act All certificates and -endorsements are to be received and _ approvedby 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 penod 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 All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the nght to require complete, certified copies of all insurance policies for examination required by this Agreement at any time 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 Additional insurance Related Requirements The County requires that all policies of insurance be written, on a primary basis, non-contributory witn any other insurance coverages and/or self- insurance, carried by the County 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 Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carner 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, except when cancellation is for non-payment of premium, then ten (10) days pnor notice may be given 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 B2500032 12 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 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 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 right to negotiate additional specific insurance requirements at the time of the contract award Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance pnor to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement 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 Kevin Hettinger Email khettrnger@weld goy Telephone (970)-400-3782 Mail Weld County Public Works ATTN Sign Matenal Supply Kevin Hettinger PQ Box 758 Greeley, CO 80632 82500032 13 Schedule F - @Bald County Contract Contractuaf Oblwations 1 They 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 pnor 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 Aw Ward 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, instlirance requirements, indemnification, illegal aliens, equal opportunity, non- appropnation, 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 clanfication Weld County Standard Contract Supply Agreement Between Weld County and fContractorl THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor" WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits, and WHI EREA,S Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement 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 B2500032 14 document and in the attached 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 B Exhibit B consists of Contractor's Response to County's Request_ 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 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 The material and/or equipment shall be delivered to the location(s) specified herein s- 3 Term The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later 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 4 Termination; Breach, Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach Nothing herein shall be construed as giving Contractor the right to provide materials or services under this Agreement beyond the time when such materials or services become unsatisfactory to the County 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 completed or partially completed Work 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 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 6 Compensation, Invoicing. Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor as set forth in the Exhibits No payment in excess of that set forth in the Exhibits will be made by B2500032 15 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 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 penod 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) Unless otherwise provided in the Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe 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 Agreeme'r t 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 the 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 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. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the 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 Contractor warrants that it has title to the B2500032 16 materials supplied and that they are free and clear of all liens, encumbrances, and security interests In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty penod, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies This warranty shall commence on the date of County's final inspection and acceptance of the materials The Contractor warrants that the materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended, they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship, and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein Service Calls in the First One Year Period Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year penod after said materials are first supplied to Weld County 10. Acceptance of Services Not a Waiver 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 deflult exists shall not impair or prejudice any nght or remedy available to County with respect to su4h 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 nghts under this Agreement or under the law generally 31. Insurance Contractor must secure, before the commencement of the Work, the following insurance covenng 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 nghts against County Contractor shall provide coverage with limits of liability no less than those stated below An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is wntten on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers auly licensed or authonzed 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 [Required Types of insurance Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of 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 B2500032 17 Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liabihty 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 elected officials, trustees, 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 " Such policy shall include Minimum Limits as follows Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12 Proof of Insurance 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, 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 certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act 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 B2500032 18 All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project description shall be noted on the certificate of insurance The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time 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 13 Additional Insurance Related Requirements The County requires that all policies of insurance be wntten on a pnmary basis, non-contributory with any other insurance coverages and/or self-insurance carved by the County 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 anew certificate of insurance showing such coverage is in force Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, 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, except when cancellation is for non-payment of premium, then ten (10) days pnor notice may be given 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 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 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 14 Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-descnbed insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County 62500032 19 15 No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types ' The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement 16. 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 17 Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that 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 Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor foi the County 16 Non -Assignment Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the pnor written approval of County Any attempts by Contractor to assign for 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 19. Examination of Records To the extent required by law, the Contractor agrees that a duly authorize.l 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 Contractor agrees to maintain these documents for three years from the date of the last payment received 26. 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 21. Notices County may designate its protect representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with 62500032 20 reference to the project All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative as identified below All notices or other communications (including annual maintenance 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 courser 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 and received by_the sendtng_party, or Either party may change its notice address(es) by wnt#en notice to the other Notice may be sent to TO CONTRACTOR Name T1 `.w MA2T 1,1 Position V F. Address I ► goo AID -0.01,) ATE FRANk4u,i Pkrzi4, IL (p0131 E -marl. 71 A/4T►N G US STANbAebS%C,M-(Am Phone`* 7-4t47-zZ3to TO COUNTY - Name. Position Address E -mad Phone 22. 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 23 Nosy -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 24. Entire Agreementarlodafications. 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 25 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 26. 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 B2500032 21 27 Survival of Termination. The obligations of the parties under this Agreement that by their nature wiuld continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination 28 Severability If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties 29 Non -Waiver 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 Coll rado Governmental Immunity Act §§24-10-101 et seq , as applicable now or hereafter amended 30. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all nghts 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 31. Bo rd 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 32. 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 33. 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 comply with all other requirements of federal or state law iI 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 foractual and consequential damages 34 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 attorneYfees and/or legal costs incurred by or on its own behalf B2500032 22 35. Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any extra judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void Acknowledgment County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits, 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 CONTRACT By Name 'DAN Ia t., MAg.-riis Title V? ' ►R L WELD COUNTY ATTEST Weld County Clerk to the Board BY Date of Signature 3/1 z AS - BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Not Executcd ac papa afixhibit B Deputy Clerk to the Board Perry L Buck, Chair 82500032 23 Overlay OL-3003 Transfer Tape AT65 Transfer _Tape _ { AT75 Printable Vinyl SC -950 Addendum # I Bid Request Number B2500032 2025 Sign Material Supply (questions & Answers. Avery Dennison kindly submits the proposed product acceptance request in reference to Bid 2025 Sign Material Supply B2500032 Please reference the below crosswalk reflecting all comparison products ASTM Avery Dennison Products Type Series Description Series T-1000, W- Glass Beaded Engineer Grade 3270, Type I 1000 Sheeting ' 3290 T-2000, W- Prismatic Engineer Grade 2000 Sheeting i T-6000, W- High Intensity Prismatic Sheeting Type III/IV i 6500 (HIP) MVP Maximum Visual Type VIII T-7000 Performance Sheeting MVP Maximum Visual W-7514 Performance Sheeting, FLO Type IX` T-95_00° OmniView* m T-11000, W- OmniCube Full Cube Type XI i 11000 Microprismatic Overlay OL-1000 Anti -Graffiti Overlay Film Overlay OL-2000 Acrylic Transparent Overly Film Overlay Pet Liner Transfer Tape AT65 Transfer Tape AT75 Vinyl, Black, White, Clear, Colors i� 3M Products Description Engineer Grade Sheeting 3430 Prismatic Engineering Grade High Intensity Grade Prismatic 3900 Sheeting (HIP) Diamond Grade, Fluorescent 3924S , Orange 3990 Diamond Grade VIP 4000 Diamond Grade DG3 1160 Anti -Graffiti Overlay Film 1170 ElectroCut Overlay Film SCPS-2 TPM5 7725- 10,12 Transfer Tape Transfer Tape Vinyl Series Avery Dennison products meet ASTM standards Here is a link to Avery Dennison Product Data Bulletins https //reflectives avervdennison com/en/home/customer- tools/product-data-bulletins/north-america html Thank you for your consideration We look forward to your response 3M materials used on the County owned HP 365 Latex printer using FlemPRINT & Cut Authorized 3MTm Traffic Edition Software are warranted by 3M Weld County has not been made aware of any updates that would warrant equivalent materials in similar ways by Avery Dennison The only materials limited to 3M according to specifications required m the bid on page 6 are those that 4 e , 4 t ano 4 i apply to Those specifications will be limited to the following oIa !ten-, numbers as listed on Attachment 1 Those items would be number 41 through 51 and items 64, 65 and 66 All other items listed in Attachment 1 are accopting of Avery Dennison products that meet specifications for those items Addendum Acknowledgement ***A signed copy must be submitted with your bid Thank your** Company Name U S S`rA/JDARD S )6,A) Signature c)--,:f-au__ Name -DAM,E.L MA2T'i n1 Title VP March 12, 2025 3/IZ TS Date of Signature Bid Item Number Aluminum Blank Size 1 6 "X 24" 2 6" X 30" 3 8" X 24" 4 18" X 18 " 5 18" X 24" 6 18" X 48" 7 24" X 24" 8 24" X 30" 9 24" X 48" 10 30" X 30" 11 36" X 36" 12 48" X 30" 13 36"X 48" X48" 14 30" X 30" 15 36" X 36" 16 36" X 36" 17 36" X 36"X 36" 18 12" X 18'1" 19 48" X 60'` 20 48" X 48';., 21 48" X 48" 22 6" X 18" 23 48"x48"x48" 24 36" X 48" 25 24" X 36" 26 36" X 12" 97 30" X 12" 28 48" X 15" 29 48" X 12" 30 48"X 8" 31 24"X 24" Cnty Shield and item Number 32 33 34 Bid Item Number Roil Width 35 flinches 36 4 inches 37 8 inches 38 8inches 39 8 inches 40 8 inches 41 30 inches 42 30 inches 43 30 inches 44 36 inches 45 36 inches 46 36 inches 47 36 inches 48 48 inches 49 30 inches 50 36 inches El 48 inches 52 30 inches 53 30 inches Blank Shape Horizontal Horizontal Horizontal Square Verticle Horizontal Square Verticle Horizontal Diamond Diamond Horizontal Triangle Octagonal Octagonal Round Triangle Verticle Horizontal Diamond Octagonal Horizontal Triangle Horizontal Horizontal Horizontal Horizontal Horizontal Horizontal Horizontal Horizontal Blank Size and Shape MUTCD Code 48"X48" Octagon R1-1 /STOP 48"X48" Diamond W SERIES/YELLOW WITH BORDER 48"X48" Diamond W SERIES / ORANGE WITH BORDER Rot1 Lend 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards - 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards Size of Hales 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" Color Red/White Yellow/Black Orange/Black Color White Yellow ONV Left Slant O/VV Right Slant R/W Left Slant R/W Right Slant Yellow White Florescent Green White Yellow Florescent Green Orange White White White White Black White 4 of holes # et H-etes Type Temp Pavement Marking Temp Pavement Marking Barricade Sheeting HIP Barricade Sheeting HIP Barricade Sheeting HIP Barricade Sheeting HIP Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting Eng Grade 3M Reflective Sheeting Eng Grade 3M Reflective Sheeting Eng Grade 3M High Performance Film High Performance Film Unit Price $ 2 2.58 2 3.64 2 4.92 2 6.65 2 8.88 4 15.08 2 11.4 2 19.01 4 25.48 2 25.48 2 28.17 4 24.57 2 17.66 2 21.09 2 27.35 2 24.63 2 14.15 2 4.62 4 44.7 2 41.12 2 37 2 2.1 2 22.88 2 35.54 2 15.41 2 8.38 2 6.98 2 12.86 2 10.28 2 6.56 2 14.35 Unit Price $ 2 No Bid 2 No Bid 2 No Bid Unit Price $ No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid 54 30 inches 50 yards 55 30 inches 50 yards 56 4 inches 100 feet 57 8 inches 100 feet 58 12 inches 100 feet 59 15 inches 100 feet 60 24.inches 100 feet 61 30 inches 100 feet 62 36 inches 100 feet 63 48 inches 100 feet 04 -.inches--- — 50 -yards _ Cardinal Red Intense Blue 65 36 inches 50 yards 66 48 inches 50 yards Bid Item Number Description Additions 67 Traffic Cones none 68 Traffic Cones Weld County name or logo 69 Traffic Drums 'none 70 Traffic Drums Weld County name or logo 70 Ch p Seal Markers 70 Type I Verticle Panel 71 Type III Barricade Panel 1" thick Bid trem Number Post Size Gauge 72 2 z 2' x 10 14 gauge 73 2' X 2"x 12' 14 gauge 74 25"x25"x12' 12 gauge Bid ltem Number Post Size , Color and reflectivity 75 3-3/4 , 62 H White post, 3 yellow strips 76 3-.3/4 , 62" H White post,1 white strip 77 48' tall 13" flattop green post 78 36 round yellow post Size 28" tall 28 tall 40" tall 40" tall 4 inch 36" tall x 8" wide 10' long 8 wide Base Size 225'x225"x36" 225'x225"x36" 3" x 3" x 36" Base Type Type Drivable Fiberglass Delineator Drivable Fiberglass Delineator drivable square tubing Shur -Flex Delineator surface mount Shur -Flex Delineator High Performance Film No Bid High Performance Film No Bid Transfer Tape (Pre -Masking) No Bid Transfer Tape (Pre -Masking) No Bid Transfer Tape (Pre -Masking) No Bid Transfer Tape (Pre -Masking) No Bid Transfer Tape (Pre -Masking) No Bid Transfer Tape (Pre -Masking) No Bid Transfer Tape (Pre -Masking) No Bid Transfer Tape (Pre -Masking) No Bid Protective Overlay Sheeting -3M 1i76i---No-Btt} Protective Overlay Sheeting 3M 1170i No Bid Protective Overlay Sheeting 3M 1170i No Bid Color Unit Price $ Orange and White No Bid Orange and White No Bid Orange and White No Bid Orange and White No Bid Yellow Reflective No Bid Orange No Bid White No Bid Hardware _ - Unit Price $ corner bolt and nut No Bid corner bolt and nut No Bid 2 appropriate shoulder bolts and nut No Bid Unit Pnce $ No Bid No Bid No Bid No Bid AC®R®® CERTIFICATE OF LIABILITY INSURACE DATE (MM/DDIYYYY) 4/10/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pohcy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder m lieu of such endorsement(s) PRODUCER par- CSU Client Service Unit Midwest -West Hub International Midwest Limited 203 N La Salle St Ste 2000 Chicago IL 60601-1245 PHONE FAX (A/C. No, Ext) 312-922-5500 I W. No) FAVEss CSUChicago@hubinternational com INSURER(S) AFFORDING COVERAGE NAIC # INSURER Chubb National Insurance Company 10052 INSURED MANDMET01 Mandel Metals, Inc INSURERS Great Northern Insurance Company 20303 INSURER C Federal Insurance Company 20281 11400 West Addison INSURER Chubb Indemnity Insurance Company 12777 Franklin Park IL 60131 INSURER E INSURER F CERTIFICATE NUMBER 2055940019 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 LTR TYPE OF INSURANCE ADDL S UBR IINSD WWI POLICY NUMBER (B11NISY/YYYY) (MM/DDm LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMSMADE EI OCCUR D02456813 11/1/2024 11/1/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000 000 MED EXP (Any one person) $ 25,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5,000 000 GEN L AGGREGATE LIMIT APPLIES PER POLICY DPROT El LOC JEC OTHER PRODUCTS - COMP/OP .G $ 5 000 000 $ B AUTOMOBILE _ X _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY 7364-6019 11/1/2024 11/1/2025 025 (Ea C) accdent) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PRenc YDAMAGE (Per acadenU $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS MADE 5672-5306 11/1/2024 11/1/2025 EACH OCCURRENCE $10,000000 AGGREGATE $ 10,000 000 $ DED I I RETENTION $ O 1TENSATION D 'ATE(C=11 AND EMPLOYERS LIABILITY ANYPRECTEETO ETCTNUEDVECUTIVE Y� OFFICER/MEMBEREXCLUDED� (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below NIA 7184-1369 11/1/2024 11/1/2025 X I PER 10TH STATUTE ER E L EACH ACCIDENT $ 1,000,000 E L DISEASE EA EMPLOYEE $ 1,000,000 E L DISEASE POLICY LIMIT $ 1 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule may be attached if more space is required) ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS Desk 970- 400-3782 PO Box 758, 1111 H St, AUTHORIZEDREPRESENTATIVE Greeley, CO 80632 lfrili� � I ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD Form la (Rev October 2918) Department ofthGTreasury Internal Revenue Service Request for `taxpayer identification Nurnber-and Certification � L. Co to www irs gov/FormW9 for instructions and the latest information i Give Form to the requester. Do not Send t0 the IRS m ai n p in G z. p r : 2 u d N rS. 1 Name4(as shown on your income tax return) Name is required on this line, do not leave this line blank Mandel Metals, Inc 2 Business name/disregarded entity name, if different from above US Stalndard Sign Co - 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 Check follow ng seven boxes ❑ Individual/sole proprietor or ❑ C Corporation Q S Corporation ❑ Partnership single -member LLC ❑ Limited liability company Enter the tax classification (C=C corporation S=S corporation P=Partnership) Note Check the appropriate box In the line above for the tax classification of the single -member owner LLC if the LLC is classified as a single member LLC that is disregarded from the owner unless the another LLC that Is not disregarded from the owner for U S federal tax purposes Otherwise a single is disregarded from the owner should check the appropnate box for the tax classification of its owner ❑ Other (see instructions) ® only one of the ❑ Trust/estate P. 4 Exemptions certain entitles instructions Exempt payee Exemption code Qf any) ,p,oGes to accounts (codes apply only to not individuals see on page 3) code (if any) from FATCA reporting Do not check owner of the LLC is member LLC that , mu... out.. Pe U. 5 Address (number, street, and apt or suite no ) See instructions 11400 Addison Ave Requester's name and address (optional) 6 City state, and ZIP code Franklin Park, IL 60131 7 List account number(s) here (optional) axpayer Identification Number (TIN) Enter your TIN In the appropriate box The TIN provided must match the name given on line 1 to avoid I Sochi security number backup withholding For individuals, this is generally your social security number (SSN) However for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later For other entities, it Is your employer identification number (EIN) If you do not have a number, see Now to get a TIN, later Note If the account is in more than one name, see the instructions for line 1 Also see What Name and Number To Givie the Requester for guidelines on whose number to enter PAM ICertificatlon Under penalties of perjury, I certify that 1 The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2 I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3 I am a U S citizen or other U S person (defined below), and 4 The FATCA code(s) entered on this form (rf any) indicating that I am exempt from FATCA reporting Is correct Certification instructions You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions, item 2 does not apply For mortgage interest paid, acquisition or abandonment of ecured property, cancellation of debt, contnbutions to an individual retirement arrangement (IRA), and generally, payments other than interest and divid dsyou are not requird to sign the certification, but you must provide your correct TIN See the instructions for Part II, later II A �n Sign Signature of Here u s! person I. or Employer identification number General Instructions Section references are to the Internal Revenue Code unless otherwise noted Future developments For the latest information about developments related to Form W-9 and its -instructions, such as legislation enacted after they were published, go to www ITS gov/FormW9 purpose of Form An individual or entity (Form W-9 requester) who is required to file an information retilm with the IRS must obtain your correct taxpayer identification number (FIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identifcation number (ATIN), or employer identification number (EIN), to report on an information retum the amount paid to you, or other amount reportable on an information return Examples of information returns include, but are not limited to, the following • Form 1099-INT (interest earned or paid) I3 61 I2 6 5 Date ® Y/9 7zoz 8 8 0 5 • Form 1099-DIV (dividends, including those from stocks or mutual funds) '• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tultion) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U S person (including a resident alien), to provide your correct TIN If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding See What is backup withholding, later Cat No 10231X Form W-9 (Rev 10-2018) Ho'ustan Aragon From: Sent: To. Cc: Subject Houstan, Kevin Hettinger Wednesday, April 16, 2025 1 34 PM Houstan Aragon, Esther Gesick Byron Howell Contract ID 9359 I have understood that it to be the case that Mandel Metals owns US Standard Sign Below is the answer from Daniel from US Standard Sign confirming that Awailev COUNTY, CO Kevin Hettinger Maintenance Support Supervisor Weld County Public Works Department Desk 970- 400-3782 PO Box 758, 1111 H St , Greeley, CO 80632 Join Our Tea IMPORTANT This electronic transmission and any attached documents or other writings are intended for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Martin, Daniel <dmartin@usstandardsign com> Sent: Wednesday, April 16, 2025 1 29 PM To. Kevin Hettinger <khettinger@weld gov>, Ryan Reynolds <rreynolds@weld gov> Subject: RE Weld County Bid Agreement Erhi4'44isage Is;Frona 'UntLust d,Send ouslcorresponded with this°sender °Use mextrae " g att�°achmentsyuntd�theinidentify is�venfied���• Hi Kevin, You are correct that it is Mandel Metals, Inc dba US Standard Sign Mandel Metals is the company and purchased US Standard Sign about 25 years ago The US Standard Sign name is just a division of Mandel Metals and both companies operate under the same Tax ID (EIN) The insurance certificate is good for all customers of both Mandel Metals and US Standard Sign Thanks, Contract Form Entity Information Entity Name* US STANDARD SIGN CO Entity ID* @00033878 Contract Name* 2025 SIGN MATERIAL SUPPLY - US STANDARD SIGN CO Contract Status CTB REVIEW Contract ID 9359 Contract Lead* KHETTINGER Contract Lead Email khettinger@weld.gov New Entity? Parent Contract ID Requires Board Approval YES Department Project # Contract Description* 2025 SIGN MATERIAL SUPPLY BID HAD 78 ITEMS THAT WERE AWARDED ACCORDING TO THE LOWEST BIDDER OF EACH ITEM. US STANDARD SIGN WERE AWARDED SOME OF THE ITEMS. THIS IS NOT A RENEWABLE CONTRACT. Contract Description 2 Contract Type* CONTRACT Amount* $100,000.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney BYRON HOWELL County Attorney Email BHOWELL@WELD.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 04/16/2025 Due Date 04;'12/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2500032 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 TOBY TAYLOR Approval Process Department Head DUANE NAIBAUER DH Approved Date 04/1 1 !2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/21/2025 Review Date 12/15/2025 Committed Delivery Date Contact Type Contact Email Finance Approver CHERYL PATTELLI Renewal Date Expiration Date 04/01'2026 Contact Phone 1 Purchasing Approved Date 04/1 1 ,2025 Finance Approved Date 04/11/2025 Tyler Ref # AG 042125 Originator KHETTINGER Legal Counsel BYRON HOWELL Contact Phone 2 Legal Counsel Approved Date 04/1 1 /2025 Cor vaC+11)-4-c123 SUPPLY AGREEMENT BETWEEN WELD COUNTY AND OSBURN ASSOICIATES INC THIS AGREEMENT is made and entered into this ?,131 -day of tt 2025 by and between the Board of Weld County Commissioners, on bdhalf of Weld County Public Works, hereinafter referred to as "County," and Osburn Associates Inc, hereinafter referred to as "Contractor". WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. 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 attached 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. B2500032. Exhibit B consists of Contractor's Response to County's Request. 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 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. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. 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. Comonl- 4 /21/2 C'C � Ohbas.€ (P u) Pwvulck5O9 gi2«s Zozs-a1z1 ECRU a3 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach. Nothing herein shall be construed as giving Contractor the right to provide materials or services under this Agreement beyond the time when such materials or services become unsatisfactory to the County. 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 completed or partially completed Work 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. 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. 6. Compensation; Invoicing. Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor as set forth in the 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. 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 2 Amendment (Colorado Constitution, Article X, Sec 20) Unless otherwise provided in the Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe 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 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 the Work without County's pnor written consent, which may be withheld in County's sole discretion County shall have the nght 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. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the 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 Contractor warrants that it has title to the materials supplied and that they are free and clear of all liens, encumbrances, and secunty interests In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies This warranty shall commence on the date of County's final inspection and acceptance of the materials The Contractor warrants that the 3 materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended; they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship: and the materials sold to 1/Veld County pursuant to this Agreement conform to the minimum specifications as established herein. Service Calls in the First One Year Period' Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County. 10. Acceptance of Services Not a Waiver. 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 o r inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent e xpressed 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 u nder the law generally. 11. Insurance. Contractor must secure before the commencement of the VVork, 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. Contractor shall provide coverage with limits of liability no less than those stated below. 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. 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. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of 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. 4 Minimum Limits Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covenng all operations required by the Work The policy shall be endorsed to include the following additional insured language "County, its elected officials, trustees, 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 " Such policy shall include Minimum Limits as follows Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12 Proof of Insurance 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, 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 5 Uipon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act 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 All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project descnption shall be noted on the certificate of insurance The County reserves the light to require complete, certified copies of all insurance policies for examination required by this Agreement at any time Any modification or vanation 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 13 1 Additional Insurance Related Requirements. The County requires that all policies of insurance be wntten on a pnmary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County 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 Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or matenal changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given 6 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 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 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 14. Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance pnor to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County 16. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement 16 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 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount ansing out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that County shall, in all instances, except for claims ansing 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 Contractor will be responsible for pnmary loss investigation, defense, and judgment costs where this indemnification IS applicable In consideration for the award of this contract, the Contractor agrees to waive all nghts of subrogation against the County, its officers, officials, agents, and employees for losses ansing from the work performed by the Contractor for the County 18. 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 nghts hereunder without such pnor approval by County shall, at the option of County, automatically terminate this Agreement and all nghts of Contractor hereunder Such consent may be granted or denied at the sole and absolute discretion of County 19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authonzed 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 Contractor agrees to maintain these documents for three years from the date of the last payment received 20. 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 21. Notices. County may designate its project representative ("County Representative") who shall make, within the scope of his or her authonty, 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 as identified below All notices or other communications (including annual maintenance 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 couner service requinng 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 and received by the sending party, or 8 Either party may change its notice address(es) by wntten notice to the other Notice may be sent to TO CONTRACTOR Name Josh Gaitten Position Bid Agent Address Po Box 912 Logan, OH 43138 E-mail sales@osburns com Phone 740-385-6869 TO COUNTY Name Kevin Hettinger Position Public Works Maintenance Support Division Supervisor Address 1111 H ST, Greeley, CO 80631 E-mail khettmger@weld gov Phone 970-400-3782 22. 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 23. Rion -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 24. 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 25 Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropnated, 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 26. 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 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement 9 (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination 28. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties 29 Non -Waiver No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10- 101 et seq , as applicable now or hereafter amended 30. ilo 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 stnctly 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 31. 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 32. Choice of Lave/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 junsdiction to resolve said dispute 33. 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 unauthonzed alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notanzed affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law 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 10 34. 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. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: usbL,,(N 1,(\ c_ Name: Scsv. Title: Z ‘ cls A oe2x`-\ Date of Signature: l 1 /GI o3 5 WELD COUNTY: ATTEST: W.,d;d441urdu, &k, BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board BY: Deputy Clerk to the BoarPerry L. uck, Chair APR 2 12025 7,025-0"121 Exhibit A Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 Supply (Recurring) - Invitation for Bid (IFB) Cover Sheet Bid Number: B2500032 Title: 2025 Sign Material Supply Advertisement Date: February 20, 2025 Questions Due: March 4, 2025, by 3:00 PM Questions Posted: March 6, by 3:00 PM Questions email: b ds@weld.gov Bid Due Date: March 13, 2025, by 11:00AM Purchasing's Clock Bid Delivery: Preferred email to bidsgweld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Schedules IFB Attachments Attachment 1 — Sign Material Bid Schedule Schedule A: Bid Instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance & Bonds Schedule F: Weld County Contract Form Revision 1-2025 Table of Contents Supply (Recurring) - 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 Pricing Method 6 Specific Requirements and Responsibilities 6 Schedule C - Procurement Schedule 8 Schedule D — Bid Response Form 9 Bid Submittal Instructions 9 Fees 9 Attestation 9 Schedule E — Insurance 11 Insurance 11 Insurance Mailing Information 13 Schedule F - Weld County Contract 14 Contractual Obligations 14 Weld County Standard Contract 14 B2500032 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: 2025 Sign Material Supply Bids will be received until: March 13, 2025 at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on March 13, 2025 at 11:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Microsoft By Phone Teams Meeting Join the meeting now Phone +1 Dial 720-439-5261„711368021# in by phone Passcode: ID: 235 pP6ub2i6 258 432 20 United conference States, ID: Denver 711 368 021# 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(a�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 representative, followed by the signature and title of the person signing. Bids by corporations B2500032 3 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 B2500032 4 negative impact on Weld County in the current term or in any future terms B2500032 5 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide 2025 Sign Material Supply. The Agreement shall commence April 2, 2025, and continue in force until April 1, 2026. 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. Pricing Method Unit Pricing: Unit pricing is where the contractor simply sets a price for each unit of type of work, or category of cost. Specific Requirements and Responsibilities Public Works is seeking pricing for material for making roadway signs with the following specifications. 1. Pricing must include delivery to Weld County Public Works located at 1111 H -Street, Greeley, CO 80631. 2. Delivery instructions. a. Bidder must provide 48 hours' notice prior to delivery. b. Delivery times will be between the hours of 7:00 a.m. and 2:00 p.m., Monday thru Friday c. Delivery contacts shall be Kevin Hettinger 970-400-3782 or Ryan Reynolds 970-400- 3780 3. Items will be ordered on an as needed basis starting from time of bid agreement through April 1, 2026. 4. The following items are being sought. The sizes and shape are indicated in Attachment 1 — Bid Schedule. Bidder shall enter the corresponding price for each type. a. Aluminum sign blanks shall be to be a minimum of .080 thickness, and anodized aluminum. b. Sign Blanks with applied facings shall be minimum Diamond DG3 or equivalent. c. Reflective Tape — Temporary Pavement Marking shall be 4" Wide rolls, minimum HI, foil backed with factory applied adhesive foil backing. d. Barricade Sheeting Materials shall be 8" x 50 -yard rolls, HIP, Pressure Sensitive, with adhesive backing — (Stripes are to be 6" Wide) (Downward angle indicates right or left slant) Minimum: High Intensity Prismatic (HIP). e. Reflective Sheeting shall be 150' lengths, pressure sensitive, with adhesive backing, and must be 3M Diamond Grade Serries 4000 Sheeting. f. Reflective Sheeting Engineering Grade shall be 150' length and must be 3M brand. B2500032 6 g Film and Vinyl shall be high performance film, opaque cast, 2 mil, high gloss film with clear pressure sensitive adhesive and synthetic adhesive backing, compatible with HIP sheeting and Diamond VIP This fnatenal is equivalent to 3M 7725 senes Paper backing will not be accepted h Transfer tape (pre -masking tape) i Protective Laminate Sheeting shall be 150' lengths, with adhesive backing Sign sheeting protective laminate, must be 3M 1170i j Traffic Control cones shall be Minimum 28" height, heavy base, orange with two HIP or Diamond VIP reflective bands, 6" wide band, heavy base k Traffic Channelizer Drums shall be minimum 40" height and a minimum 36" width Orange stackable with 25 lb rubber bases with minimum HIP retroreflective bands Built-in carry handle with top holes for barncade lights I Chip Seal Markers shall be yellow reflective, double -sided and self-adhesive with clear removable lens cover Size 4 inch m Type I Vertical Panel to meet or exceed MUTCD requirements Orange vertical indicator panels with minimum HIP orange and white reflective sheeting (8"x36"), 6" stripes, striped left on one side and stnped nght on the other side Stackable with carry top handle for barncade light 30 -pound rubber bases with molded carry handle n Type III Barricade panels to be white plastic panels, no holes and no sheeting required o Square tubing, steel square tubing, galvanized or zinc, with 7/16th holes on 1" centers on all four sides, full length Each post shall come with 1 base, 36" in length, 2 25" bases will have 7/16th holes on 1" centers, 3" bases will have 1/2" holes minimum quantity of 2 on each side 1" centers, and mounting hardware prescribed p Dnvable Fiberglass Delineator posts shall be 62" in height, 3-3/4" wide and have HIP reflective sheeting q Shur -Flex delineators with no reflective sheeting required 5 Attachment 1 — Bid Schedule is where bidders shall enter the corresponding pnce for each type Attachment 1 — Bid Schedule must be returned in an original MS Excel file with bid submission Failure to do so will result in a non -responsive bid B2500032 7 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Completion February 21, 2025 March 4, 2025, by 3:00 PM bids@weld.gov March 6, 2025 March 13, 2025, by 11:00am Purchasing's Clock April 2, 2025 April 9, 2025 April 1, 2026 B2500032 8 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 11:00 AM on March 13, 2025. 1) Schedule D - Bid Response Form 2) Attachment 1 - Bid Schedule 3) Any potential or future Addenda must be completed/acknowledged. 4) 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 the material items on each item as listed in Attachment 1 — Bid Schedule. Attachment 1 — Bid Schedule must be returned in an original MS Excel file with bid submission. Failure to do so will result in a non -responsive bid. 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. #B2500032. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 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: B2500032 9 By Name Title 62500032 Date of Signature 10 Schedule E - Insurance Insurance Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of 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 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 elected officials, trustees, 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." Such policy shall include Minimum Limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal/Advertising Injury 1,000,000 2,000,000 2,000,000 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Proof of Insurance. 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 B2500032 11 the County 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 certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act 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 penod 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 All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project descnption shall be noted on the certificate of insurance The County reserves the nght to require complete, certified copies of all insurance policies for examination required by this Agreement` at any time 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 Additional Insurance Related Requirements. The County requires that all policies of insurance be wntten on a pnmary basis, non-contnbutory with any other insurance coverages and/or self- insurance carned by the County 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 Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carner shall provide a minimum of 30 days advance wntten notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days pnor notice may be given On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies a're 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 B2500032 12 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 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. 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. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 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: Kevin Hettinger Email: khettinger@weld.gov Telephone: (970)-400-3782 Mail: Weld County Public Works ATTN: Sign Material Supply Kevin Hettinger PO Box 758 Greeley, CO 80632 B2500032 13 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project -by -project basis that provide further clarification. Weld County Standard Contract Supply Agreement Between Weld County and [Contractor] THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. 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 B2500032 14 document and in the attached 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. B Exhibit B consists of Contractor's Response to County's Request. 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 n ecessary to perform and complete the Work described in the attached Exhibits. 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. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. 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. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience u pon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon n inety (90) days written notice to County. Either Party may immediately terminate this Agreement u pon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach. Nothing herein shall be construed as giving Contractor the right to provide materials or services under this Agreement beyond the time when such materials or services become unsatisfactory to the County. 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 completed or partially completed Work 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. Upon termination of this Agreement by County, Contractor shall have n o 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. 6. Compensation; Invoicing. Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by B2500032 15 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 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 ari 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) Unless otherwise provided in the Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe I 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 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. Sulbcontractors. 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 the 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. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the 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 Contractor warrants that it has title to the B2500032 16 matenals supplied and that they are free and clear of all liens, encumbrances, and secunty interests In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty penod, unless a greater time is stated in the Exhibits, dunng which the Contractor must correct any failures or deficiencies This warranty shall commence on the date of County's final inspection and acceptance of the matenals The Contractor warrants that the matenals to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended, they are merchantable, of good quality, and free from defects, whether patent or latent,- in matenal or workmanship, and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein Service Calls in the First One Year Period Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the matenals purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year penod after said matenals are first supplied to Weld County 10. Acceptance of Services Not a Waiver. 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 exists shall not impair or prejudice any nght 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 nghts under this Agreement or under the law generally 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covenng all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times dunng the term of the Agreement, or any extension thereof, and dunng any warranty penod For all coverages, Contractor's insurer shall waive subrogation nghts against County Contractor shall provide coverage with limits of liability no less than those stated below An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is wntten on a "following form" basis Acceptability 'of Insurers Insurance is to be placed with insurers duly licensed or authonzed to do business in the state of Colorado an'd 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 Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of 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 B2500032 17 Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covenng all operations required by the Work The policy shall be endorsed to include the following additional insured language "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability ansing out of the activities performed by, or on behalf of the Contractor " Such policy shall include Minimum Limits as follows Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 a Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12 Pr®of of Insurance. 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 orentenng 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, 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 certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract) Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act - 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 penod 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 B2500032 18 All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project descnption shall be noted on the certificate of insurance The County reserves the nght to require complete, certified copies of all insurance policies for examination required by this Agreement at any time 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 13 Additional Insurance Related Requirements. The County requires that all policies of insurance be wntten on a pnmary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County 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 Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carner shall provide a minimum of 30 days advance wntten notice to the County for cancellation, non -renewal, suspension, voided, or matenal changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days pnor notice may be given 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 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 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 right to negotiate additional specific insurance requirements at the time of the contract award 14. Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-descnbed insurance pnor to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County B2500032 19 15. No limitation of liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might anse out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own nsks 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 16. 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 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's nght to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that 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 Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County 18. Non -Assignment Contractor may not assign or transfer this Agreement or any interest therein or';claim thereunder, without the pnor wntten approval of County Any attempts by Contractor to assign ;or transfer its nghts hereunder without such pnor approval by County shall, at the option of County, automatically terminate this Agreement and all nghts of Contractor hereunder Such consent may be granted or denied at the sole and absolute discretion of County 19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authonzed representative of County, including the County Auditor, shall have access to and the nght to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement Contractor agrees to maintain these documents for three years from the date of the last payment received 20. 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, stnkes, war, flood, earthquakes, or Governmental actions 21. Notices. County may designate its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with B2500032 20 reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative as identified below. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: E-mail: Phone: TO COUNTY: Name: Position: Address: E-mail: Phone: 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. B2500032 21 27. 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 requirements) shall survive any such expiration or termination 28. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, nghts, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq , as applicable now or hereafter amended 30. Noi Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all nghts of action relating to such enforcement, shall be stlnctly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or nght 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 31. 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 32. 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 junsdiction to resolve said dispute 33. 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 unauthonzed alien to perform work under this Agreement Upon request, contractor shall deliver to the County a written notanzed affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation If Contractor fads 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 34. 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 B2500032 22 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits, 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 Name Title WELD COUNTY ATTEST Weld County Clerk to the Board BY Date of Signature BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Deputy Clerk to the Board Perry L Buck, Chair B2500032 23 mQerr AtumtnuRlClanKJlZe�� ;��Lita�l�C�hal 1 6 "X 24" Horizontal 2 6" X 30" Horizontal 3 8" X 24" Horizontal 4 18" X 18 " Square 5 18" X 24" Verticle 6 18" X 48" Horizontal 7 24" X 24" Square 8 24" X 30" Verticle 9 24" X 48" Horizontal 10 30" X 30" Diamond 11 36" X 36" Diamond 12 48" X 30" Horizontal 13 36"X 48" X48" Tnangle 14 30" X 30" Octagonal 15 36" X 36" Octagonal 16 36"X 36" Round 17 36" X 36"X 36" Tnangle 18 12" X 18" Verticle 19 48" X 60" Honzontal 20 48" X 48" Diamond 21 48" X 48" Octagonal 22 6" X 18" Honzontal 23 48"x48"x48" Triangle 24 36" X 48" Horizontal 25 24" X 36" Honzontal 26 36" X 12" Honzontal 27 30" X 12" Horizontal 28 48" X 15" Horizontal 29 48" X 12" Honzontal 30 48"X 8" Honzontal 31 24"X 24" Cnty Shield Honzontal 3/8" 3/8" 3/8" 3/8" - 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" - - - - Bid Item ,,ter - - Nurpb91 Blank Size and Shape " 'MUTCD Code ' `- Color Itof Holes 32 48"X48" Octagon R1-1 / STOP Red/White t 33 48°X48° Diamond W SERIES/YELLOW WITH BORDER Yellow/Black 34 48"X48" Diamond WSERIES/ORANGORANGE WITH Orange/Black _ _ _ _ _ , s _ Bid Item Number Roll Width Roll Length M1 , Color, ` 35 4 inches White 36 4 inches Yellow 37 8 inches 50 yards O/W Left Slant 38 8 inches 50 yards O/W Right Slant 39 8 inches 50 yards R/W Left Slant 40 8 inches 50 yards R/W Right Slant 41 30 inches 50 yards Yellow 42 30 inches 50 yards White 43 30 inches 50 yards Florescent Green 44 36 inches 50 yards White 45 36 inches 50 yards Yellow 46 36 inches 50 yards Florescent Green 47 36 inches 50 yards Orange 48 48 inches 50 yards White 49 30 inches 50 yards White 50 36 inches 50 yards White 51 48 inches 50 yards White 52 30 inches 50 yards Black 53 30 inches 50 yards White 54 30 inches 50 yards Cardinal Red 55 30 inches 50 yards Intense Blue 56 4 inches 100 feet 57 8 inches 100 feet 58 12 inches 100 feet 59 15 inches 100 feet 60 24 inches 100 feet Temp Pavement Marking Temp Pavement Marking Barncade Sheeting HIP Barricade Sheeting HIP Barricade Sheeting HIP Barncade Sheeting HIP Reflective Sheeting 4000 series Reflective Sheeting 4000 senes Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 senes Reflective Sheeting 4000 serves Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting Eng Grade 3M Reflective Sheeting Eng Grade 3M Reflective Sheeting Eng Grade 3M High Performance Film High Performance Film High Performance Film High Performance Film Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) 61 30 inches 62 36 inches 63 48 inches 64 30 inches 65 36 inches 66 48 inches -Bid Item~ - W Number Description 67 68 69 70 70 70 71 100 feet 100 feet 100 feet 50 yards 50 yards 50 yards Additions _ -Size - Traffic Cones none 28" tall Traffic Cones Weld County name or logo 28" tall Traffic Drums none 40" tall Traffic Drums Weld County name or logo 40" tall Chip Seal Markers 4 inch Type I Verticle Panel 36" tall x 8" wide Type III Barncade Panel 1" thick 10' long x 8 wide Bid Item Number Post Size 73 2" x 2" x 12' 74 25"x25"x12' Bid Item -' - Nu_mber PostSize y 75 3-3/4", 62" H 76 3-3/4", 62" H 77 48" tall 13" flat top 78 36" round Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Protective Overlay Sheeting 3M 1170i Protective Overlay Sheeting 3M 1170i Protective Overlay Sheeting 3M 1170i Color_ " , Unit Price_$ Orange and White Orange and White Orange and White Orange and White Yellow Reflective Orange White Gauge d Base Size Hardware_ ., � �._ ' Unit Price $ 14 gauge 2 25"x2 25"x36" corner bolt and nut 14 gauge 2 25" x 2 25" x 36" corner bolt and nut 12 gauge 3"x 3"x36" 2 appropriate shoulder bolts and nut -- -- - _ � , s _ - __ _ ,' - - Color and reflectivity _ Base Type s Type , -` _ Unit Price $_ White post, 3 yellow stnps Dnvable Fiberglass Delineator White post, 1 white strip Dnvable Fiberglass Delineator green post drivable square tubing Shur -Flex Delineator yellow post surface mount Shur -Flex Delineator Addendum # 1 Bid Request Number B2500032 2025 Sign Material Supply Questions & Answers: Avery Dennison kindly submits the proposed product acceptance request in reference to Bid 2025 Sign Material Supply B2500032. Please reference the below crosswalk reflecting all comparison products. ASTM Type Type I Series Type III/IV Type VIII Type IX* Type XI Overlay T-1000, W- 1000 T-2000, W- 2000 T-6000, W- 6500 Overlay Overlay Transfer Tape Transfer Tape Printable Vinyl T-7000 W-7514 T-9500* T-11000, W- 11000 O L-1000 OL-2000 OL-3003 AT65 AT75 SC -950 Avery Dennison Products Description Glass Beaded Engineer Grade Sheeting Prismatic Engineer Grade Sheeting High Intensity Prismatic Sheeting (HIP) MVP Maximum Visual Performance Sheeting MVP Maximum Visual Performance Sheeting, FLO OmniView* OmniCube Full Cube Microprismatic Anti -Graffiti Overlay Film Acrylic Transparent Overly Film Overlay Pet Liner Transfer Tape AT65 Transfer Tape AT75 Vinyl, Black, White, Clear, Colors 1 1 1 1 1 1 Series 3270, 3290 3430 3900 3924S 3990 Diamond Grade VIP 3M Products Description Engineer Grade Sheeting Prismatic Engineering Grade High Intensity Grade Prismatic Sheeting (HIP) Diamond Grade, Fluorescent Orange 4000 1160 1 170 SCPS-2 TPM5 7725- 10,12 Diamond Grade DG3 Anti -Graffiti Overlay Film ElectroCut Overlay Film Transfer Tape Transfer Tape Vinyl Series Avery Dennison products meet ASTM standards. Here is a link to Avery Dennison Product Data Bulletins: https://reflectives.averydennison.com/en/home/customer- tools/product-data-bulletins/north-america.html Thank you for your consideration. We look forward to your response. 3M materials used on the County owned HP 365 Latex printer using FlexiPRINT & Cut Authorized 3M TM Traffic Edition Software are warranted by 3M. Weld County has not been made aware of any updates that would warrant equivalent materials in similar ways by Avery Dennison. The only materials limited to 3M according to specifications required in the bid on page 6 are those that 4. e., 4. f. and 4. i. apply to. Those specifications will be limited to the following bid item numbers as listed on Attachment 1. Those items would be number 41 through 51 and items 64, 65 and 66. All other items listed in Attachment 1 are accepting of Avery Dennison products that meet specifications for those items. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank your Company Name: Signature: Name: Title: April 1, 2025 [Click to Update] Date of Signature Exhibit B 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 11:00 AM on March 13, 2025. 1) Schedule D — Bid Response Form 2) Attachment 1 — Bid Schedule 3) Any potential or future Addenda must be completed/acknowledged. 4) 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 the material items on each item as listed in Attachment 1 — Bid Schedule. Attachment 1 — Bid Schedule must be returned in an original MS Excel file with bid submission. Failure to do so will result in a non -responsive bid. 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. #B2500032. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3 He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 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: /5ic).: ,-, ��5oc , (..,:\ cc, `v-\ � - - Address: Pu o 1 tLoscA4n.cit1 43L?c Phone ��o - 3SS - cos 1/4Oi Email: sc..Q0; c ash-or�S cG� FEIN/Federal Tax ID #: "‘ - 10‘.1/4 1- S , CONTRACTOR: B2500032 9 Name: _�s\/.\ GmAir\-(An Title: N) , Ck A fit\ B2500032 r By: ,_%es:)\.‘ Nn S CAC\C \ C., / ")/r) Date of Signature 10 Bid Item Number AlummumBlank Size Blank Shape 1 6 "X 24" Horizontal 2 6" X 30' Horizontal 3 8' X24' Horizontal 4 18' X 18 " Square 5 18' X 24" Verticle 6 18" X 48" Horizontal 7 2,'X 24" Square 8 24" X 30" Verticle 9 24I'X 48" Horizontal 10 30" X 30" Diamond 11 36" X 36" Diamond 12 48" X 30 Horizontal 13 36"X 48" X48" Triangle 14 30" X 30" Octagonal 15 36" X 36" Octagonal 16 36"X 36' Round 17 361' X 36"X 36" Triangle 18 12" X 18" Verticle 19 48" X 60" Horizontal 20 48" X 48" Diamond 21 48" X 48' Octagonal 22 6 X 18" Horizontal 23 43,48'x48" Triangle 24 36"X48" Horizontal 25 24" X 36" Horizontal 26 36; X 12" Horizontal 27 30" X 12' Horizontal 28 48" X 15" Horizontal 29 46' X 12" Horizontal 30 48'X8' Horizontal 31 24"X 24" Cnty Shield Horizontal Bid Item Number Blank Size and Shape MUTCD Code Color 32 I 48"X48" Octagon R1 1 /STOP Red/White 33 48"X48" Diamond WSERIES/YELLOW WITH BORDER Yellow/Black 34 48"X48" Diamond W SERIES /ORANGE WITH BORDER Orange/Black Bid Item Number ROIL Width Roll Length 35 4 inches 36 4 inches 37_ B Inches 50 yards 38 8 Inches 50 yards 39 8 inches 50 yards 40 8 inches 50 yards 41 30, inches 50 yards 42 30 inches 50 yards 43 3q inches 50 yards 44 36 inches 50 yards 45 36 inches 50 yards 46 36 inches 50 yards 47 36 inches 50 yards 48 48 inches 50 yards 49 30 inches 50 yards 50 36 inches 50 yards 51 48 inches 50 yards 52 30 inches 50 yards 53 30 inches 50 yards Size of Holes 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8' 3/8" 3/8" 3/8" 3/8" 3/8' 3/8" 3/8' 3/8" 3/8 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" it of Holes # of Holes Unit Price $ 2 301 2 3 76 2 4 02 2 6 77 2 9 03 4 18 06 2 12 04 2 15 05 4 24 08 2 18 81 2 27 09 4 3612 2 48 16 2 18 06 2 25 89 2 27 75 2 13 55 2 4 52 4 60 2 2 48 16 2 46 75 2 2 26 2 24 08 2 36 12 2 18 06 2 9 03 2 7 53 2 15 05 2 12 04 2 8 03 2 13 75 Unit Price $ 2 110 5 2 113 6 2 113 6 Color Type Unit Price $ White Temp Pavement Marking NO BID Yellow Temp Pavement Marking NO BID O/W Left Slant Barricade Sheeting HIP $1,092 00 O/W Right Slant Barricade Sheeting HIP $1,092 00 R/W Left Slant Barricade Sheeting HIP $1 092 00 R/W Right Slant Barricade Sheeting HIP S1,092 00 Yellow Reflective Sheeting 4000 series $858 75 White Reflective Sheeting 4000 series 6858 75 Florescent Green Reflective Sheeting 4000 series $858 75 White Reflective Sheeting 4000 series $1,030 50 Yellow Reflective Sheeting 4000 series S1,030 50 Florescent Green Reflective Sheeting 4000 serves $1,030 50 Orange Reflective Sheeting 4000 series 61,030 50 White Reflective Sheeting 4000 senes $1,374 00 White Reflective Sheeting Eng Grade 3M 6401 25 White Reflective Sheeting Eng Grade 3M S481 50 White Reflective Sheeting Eng Grade 3M 5642 00 Black High Performance Film S386 25 White High Performance Film 6386 25 54 30 inches 50 yards Cardinal Red High Performance Film S401 25 55 30 inches 50 yards Intense Blue High Performance Film $40125 56 4 inches 100 feet Transfer Tape (Pre Masking) NO BID 57 8 inches 100 feet Transfer Tape (Pre -Masking) NO BID 58 12 inches 100 feet Transfer Tape (Pre -Masking) NO BID 59 15 inches 100 feet Transfer Tape (Pre -Masking) NO BID 60 24 inches 100 feet Transfer Tape (Pre -Masking) NO BID 61 30 inches 100 feet Transfer Tape (Pre -Masking) NO BID 62 36 inches 100 feet Transfer Tape (Pre -Masking) NO BID 63 48 inches 100 feet Transfer Tape (Pre -Masking) NO BID 64 30 inches 50 yards Protective Overlay Sheeting 3M 11701 34125 65 36 Inches 50 yards Protective Overlay Sheeting 3M 1170i 409 5 66 48 inches 50 yards Protective Overlay Sheeting 3M 1170i 546 Bid Item Number Description Additions Size Color Unit Price$ 67 Traffic Cones none 28' tall Orange and White NO BID 68 Traffic Cones Weld County name or logo 28" tall Orange and White NO BID 69 Traffic Drums none 40' tall Orange and White NO BID 70 Traffic Drums Weld County name or logo 40 tall Orange and White NO BID 70 Chip Seal Markers 4 inch Yellow Reflective NO BID 70 Type I Verticle Panel 36' tall x 8" wide Orange NO BID 71 Type III Barricade Panel 1" thick 10' long x 8 wide White NO BID Bid Item Number Post Size Gauge Base Size Hardware Unit Price $ 72 2" x 2" x 10' 14 gauge 2 25" x 2 25" x 36" corner bolt and nut NO BID 73 2"x 2"x 12' 14 gauge 2 25"x 2 25 'x 36 ' corner bolt and nut NO BID 74 2 5" x 2 5" x 12' 12 gauge 3"x 3" x 36" 2 appropriate shoulder bolts and nut NO BID Bid Item Number Post Size Color and reflectivity Base Type Type Unit Price $ 75 3-3/4', 62" H White post, 3 yellow strips Drivable Fiberglass Delineator NO BID 76 3-3/4", 62" H White post 1 white strip Drivable Fiberglass Delineator NO BID 77 48" tall 13" flat top green post drivable square tubing Shur -Flex Delineator NO BID 78 36" round yellow post surface mount Shur Flex Delineator NO BID Addendum # 1 Bid Request Number B2500032 2025 Sign Material Supply Questions & Answers: Avery Dennison kindly submits the proposed product acceptance request in reference to Bid 2025 Sign Material Supply B2500032. Please reference the below crosswalk reflecting all comparison products. ASTM Type Type I Type III/IV Type VIII Type IX* Type XI Overlay Overlay Overlay Transfer Tape Transfer Tape Printable Vinyl Series Avery Dennison Products Description T-1000, W- 1000 T-2000, W- 2000 T-6000, W- 6500 T-7000 W-7514 T-9500* T-11000, W- 11000 OL-1000 OL-2000 OL-3003 Glass Beaded Engineer Grade Sheeting Prismatic Engineer Grade Sheeting High Intensity Prismatic Sheeting (HIP) MVP Maximum Visual Performance Sheeting MVP Maximum Visual Performance Sheeting, FLO OmniView* OmniCube Full Cube Microprismatic Anti -Graffiti Overlay Elm Acrylic Transparent Overly Film Overlay Pet Liner AT55 Transfer Tape AT65 AT75 Transfer Tape AT75 SC -950 Vinyl. Black, White, Clear, Colors Series 3270, 3290 3430 3900 3924S 3990 4000 1160 1170 SCPS-2 TPM5 7725- 10.12 3M Products Description Engineer Grade Sheeting Prismatic Engineering Grade High Intensity Grade Prismatic Sheeting (HIP) Diamond Grade, Fluorescent Orange Diamond Grade VIP Diamond Grade DG3 Anti -Graffiti Overlay Film ElectroCut Over'ay Film Transfer Tape Transfer Tape Vinyl Series Avery Dennison products meet ASTM standards. Here is a link to Avery Dennison Product Data Bulletins: https:l/reflectives.averydennison.com/en/home/customer- tools/prod uct-data-bulletinsinorth-america . htm l Thank you for your consideration. We look forward to your response. 3M materials used on the County owned HP 365 Latex printer using FlexiPRINT & Cut Authorized 3MTM Traffic Edition Software are warranted by 3M. Weld County has not been made aware of any updates that would warrant equivalent materials in similar ways by Avery Dennison. The only materials limited to 3M according to specifications required in the bid on page 6 are those that 4. e., 4. f. and 4. i. apply to. Those specifications will be limited to the following bid item numbers as listed on Attachment 1. Those items would be number 41 through 51 and items 64, 65 and 66. All other items listed in Attachment 1 are accepting of Avery Dennison products that meet specifications for those items. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: C3s‘(3J �� Signature: �cY3 g Name: tS\7\ Gcct-k-k C,C\ c. c. Title: �., 1� ..i March 3, 2025 3/ia 1 cp Date of Signature Form �N. Tt [Rev Oc,ober201B) Deoarment of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification © Go to www irs gov/FormW9 for instructions and the latest Information Give Form to the requester Do not send to the IRS. rn a o in p � � 4 o v a a) °' rn 1 Name Ashown on your income tax return) Name is required on ,his line do not leave this line blank 2 Business name/disregarded entity name if different from above 3 Check appropriate box for federal tax classification of he person whose name is entered on line 1 Check `ollowing seven boxes rr��,,�� ❑ Individual/sole proprietor or ❑ C Corporation l7� S Corporation ❑ Partnership single member LLC f mited liability company Enter the tax classification (C=C corporation, S=S corporation P=Partnership) ❑Lim Li Note Check the appropriate box in he line above for the tax classification of the single member owner LLC i` the LLC is classi'ied as a single member LLC that is disregarded from the owner unless the owner aL2her LLC that is not disregarded Iron the owner fir U S federal ,ax piuposes Otherwise a sngie is disregarded from the owner should check the appropriate box for the tax classification of its owner ❑ O her (see instructions). only one o` ,he ❑ Trust/estate 1' 4 Exemp cerain enures insirucuons Exempt payee Exemption code f f any) ��<.i:�«u:R�vcyc�-eovsus ions (codes apply only to not indmduals see on page 3) code (if ary) from FATCA reporting Do not check o` the LLC is mentor LLC that 5 Address (number street and ap, or sui,e no ) See instructions 1 it 01 Requester s name and address (optional) 6 City s'tIa a and ZIP_ code U(�t -j, Oil tl/ )1 jf 7 List account umber(s) here (optional) mag ;Taxpayer Identlfication Number (TIN) i .. l Enter your TIN in the appropnate box The TIN provided must match the name given on line 1 to avoitl ) aociai necurny nuniuer backup withholding For individuals this is generally your social security number (SSN) However fora I 1 l resident alien sole proprietor or disregarded entity see the instructions for Part I later For other entities, it is your employer identification number (EIN) If you do not have a number see How to get a TIN, later Note If the account is in more than one name see the Instructions for line 1 Also see What Name and Number To Give the Requester for guidelines on whose number to enter 411120 Certification Under penalties of perjury I certify that 1 The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2 I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3 I am a U S citizen or other U S person (defined below) and 4 The FATCA Code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct Certification instructions You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed Ito report all interest and dividends on your tax return For real estate transactions, item 2 does not apply For mortgage interest paid acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN See the instructions for Part II, later or Employer identification number j r �l J X X Sign I signature of lt t l� Here us person i> ` J( )� cf. � "` / )t General Instructions Section refere ces are to the Internal Revenue Code unless otherwise noted Future developments For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www irs gov/FormW9 Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN) individual taxpayer identification number (ITIN) adoption taxpayer identification number (ATIN) or employer identification number (EIN), to report on an information return the amount paid to you or other amount reportable on an information return Examples of information returns include, but are not limited to, the following 0 Form 1099-INT (interest earned or paid) Date r> G Form 1099-DIV (dividends, including those from stocks or mutual funds) 0 Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) 0 Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) s Form 1099-S (proceeds from real estate transactions) o Form 1099-K (merchant card and third party network transactions) 0 Form 1098 (home mortgage interest), 1098-E (student loan interest) 1098-T (tuition) e Form 1099-C (canceled debt) 0 Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U S person (including a resident alien), to provide your correct TIN II you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding See What is backup withholding later Ca, No 10231X Form W-9 (Rev 10 2018) ACCPREP CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDryYYI� 4/8/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder's an ADDITIONAL INSURED, the policy((es) must be endorsed If SUBROGATION IS WAIVED, sub1ect 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 Insurance ACT CONTACT Karen Garrison VIZ Mal..Exn (740) 785-9431 I (A/C No) (614)837-0709 400 N Memorial Drive utISS karen garrison@wichert com ADDRE INSURER(S) AFFORDING COVERAGE NAIC p Lancaster OH 43130 INSURER The Charter Oak Fire Ins Co 25615 INSURED INSURER The Phoenix Insurance Company 25623 Osburn Associates, Inc INSURER Travelers Property Casualty Company of 25674 PO BOX 912 INSURER D 11931 SR 93 N INSURER Logan OH 43138 INSURER COVERAGES CERTIFICATE NUMBER CL2522763039 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 ADDL SUBR INSR WVD POLICY NUMBER POLICY EFF (MM/DDIYYYY) OLICY EXP (MMIDD/YYYI� AMY= LIMITS A X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE El OCCUR X P-630-9X580111-CO,25 2/16/2025 2/16/2026 EACH OCCURRENCE $ 1,000,000 IM SEMEo currence) S 300,000 MED EXP(Any one person) $ 5,000 PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN L AGGREGATE LIMIT APPLIES PER _ POLICY a JECT a LOC OTHER PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY _ X ANY AUTO ALL OWNED _ AUTOS X HIRED AUTOS X PIP FL ONLY - SCHEDULED AUTOS NON -OWNED X AUTOS X BA -B0516357 -25-43-G 2/16/2025 2/16/2026 COMBINED SINGLE LIMIT (Ea accident) $ 1, 000 , 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE {per accident) $ PIP (FL) $ BASIC L, X UMBRELLA UAB EXCESS LIAB X OCCUR CLAIMS -MADE CDP-B052220A-25-43 2/16/2025 2/16/2026 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 S DED I X I RETENTION $ 0 A WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N A'FlIgI RIETOR/pARTNER/EXECUTIVE OFFICEtory In ER EXCLUDED? ❑ (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below N / A OHIO STOP GAP ONLY P-630-9X580111-COF-25 2/16/2025 2/16/2026 I PER I I OTH J STATUTE ER EL EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 E L DISEASE - POLICY LIMIT $ 1, 000, 000 A TRANSPORTATION COVERAGE P -630 -9X580111 -COP -25 2/16/2025 2/16/2026 LIMIT $ 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached if more space Is required) Weld County, Colorado is additional insured as required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County, Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 758 ACCORDANCE WITH THE POLICY PROVISIONS 1111 H Street Greeley, CO 80632 AUTHORIZED REPRESENTATIVE I Karen Garrison /KGAR 4<10.A.4.--, 04.Mt,ad� ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION All nghts reserved The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* OSBURN ASSOCIATES INC Entity I D * ,x700021 192 Contract Name* Contract ID 2025 SIGN MATERIAL SUPPLY - OSBURN ASSOCIATES 9282 INC Contract Status CTB REVIEW Contract Lead* KHETTINGER Contract Lead Email khettingergweld.gov New Entity? Parent Contract ID Requires Board Approval YES Department Project # Contract Description* 2025 SIGN MATERIAL SUPPLY BID HAD 78 ITEMS THAT WERE AWARDED ACCORDING TO THE LOWEST BIDDER OF EACH ITEM. OSBURN ASSOCIATES INC WERE AWARDED SOME OF THE ITEMS. THIS IS NOT A RENEWABLE CONTRACT. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date CONTRACT PUBLIC WORKS Date* 04 05 2025 04 09 2025 Amount* $100,000.00 Renewable* NO Automatic Renewal Grant IGA Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM - C O U N TYATTO R N EW_Thi, W E L D.GOV Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid / RFP #* B2500032 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 TOBY TAYLOR Approval Process Department Head .CURTIS HALL DH Approved Date 04/10/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/21,2025 Review Dater 12015/2O25 Committed Delivery Date Contact Type Contact Email Finance Approver CHERYL PATTELLI Renewal Date Expiration Date* 04x`01 2026 Contact Phone 1 Purchasing Approved Date 04 10, 2025 Finance Approved Date 04 10-2025 Tyler Ref # AG 042125 Originator KHETTINGER Legal Counsel BYRON HOWELL Contact Phone 2 Legal Counsel Approved Date 04/10,2025 Conti/ad- ltD4- 9 z 8 5 SUPPLY AGREEMENT BETWEEN WELD COUNTY AND CENTERLINE SUPPLY INC THIS AGREEMENT is made and entered into this i("lay of 202, by and between the Board of Weld County Commissioners, on behalf of Weld County Public Works, hereinafter referred to as "County," and Centerline Supply Inc, hereinafter referred to as "Contractor". WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. 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 attached 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. B2500032. Exhibit B consists of Contractor's Response to County's Request. 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 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. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. 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. w+ - c -IA L1 C CA O n Da5e OTC) PuLliGhaW179 U/114/25 ZOZ5 -021 EC -, 003 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days wntten notice to Contractor Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days wntten notice to County Either Party may immediately terminate this Agreement upon matenal breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach Nothing herein shall be construed as giving Contractor the nght to provide matenals or services under this Agreement beyond the time when such matenals or services become unsatisfactory to the County Upon termination, County shall take possession of all matenals, equipment, tools, and facilities owned by County which Contractor is using, by whatever method it deems expedient, and Contractor shall deliver to County all completed or partially completed Work 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 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 descnbed 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 6. Compensation; Invoicing. Upon Contractor's delivery of matenals to County at the location descnbed in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor as set forth in the 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 wntten 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 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 penod 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 2 Amendment (Colorado Constitution, Article X, Sec 20) Unless otherwise provided in the Exhibits, Contractor shall invoice County for all matenals supplied by Contractor under this Agreement within thirty (30) days of acceptance of such matenals by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate ;to resolve the dispute in a reasonable timeframe 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 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 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 3the 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 the Work without County's pnor wntten consent, which may be withheld in County's sole discretion County shall have the nght in its reasonable, discretion to approve all personnel assigned to the Work dunng 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. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the 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 Contractor warrants that it has title to the matenals supplied and that they are free and ,clear, of all liens, encumbrances, and secunty interests In ;addition to the foregoing, all work performed pursuant to this Agreement is subject,to aminimum one-year warranty penod, unless a greater time is stated in the Exhibits, dunn'g which the Contractor must correct any failures or deficiencies This warranty shall commence on the date ofCounty's final inspection and acceptance of the matenals The Contractor warrants that the 3 materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended; they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein. Service Calls in the First One Year Period: Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County. 10. Acceptance of Services Not a Waiver. 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 exists 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. 11. 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. Contractor shall provide coverage with limits of liability no less than those stated below. 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. 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. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of 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. 4 Minimum Limits Coverage A (Workers' Compensation) ` Statutory Coverage B (Employers Liability) $ , ' 100,000 $ 100,000 , $ ' 500,000 Commercial General Liability Insurance including public liability and property damage, covenng all operations required by the Work .The policy shall be endorsed to include the following additional insured language "County, its elected officials, trustees, 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 " Such policy shall include Minimum Limits as follows Each Occurrence , $ - 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ ,- 2,000,000 Personal/Advertising Injury ' $ , 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ ! 1,000,000 12 Proof of Insurance. All insurers must be licensed oe 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 entenng 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, its elected officials, trustees, employees, agent's, and volunteers as ,c "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 - , 5 Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract , Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act 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 penod 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 F ,F All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project descnption shall be noted on the certificate of insurance The County reserves the nght to require complete, certified copies of all insurance policies for examination required by this Agreement at any time Any modification or venation from the insurance requirements in this Agreement shall be made by the CountyAttorney's Office, whose decision shall be final-, Such action, will not require alormal contract amendment but may be made by administrative action - 13 Additionalansurance Related Requirements. The County requires,thatall policies of insurance be wntten on a pnmary basis, non-contnbutory with,any,other insurance coverages and/or self-insurance carried by the County ' 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 Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional ,Insured, the insurance,carner shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or matenal changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days pnor notice; may be , given 6 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 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 , 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 14. Subcontractor Insurance Contractor hereby warrants that all .subcontractors providing services under this Agreement have or will have the above-descnbed insurance pnor to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon 'request by the County 15. No limitation of Liability. The insurance coverages, specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might anse out of the performance of the Work under by the Contractor, its agents,;representatives, employees, or subcontractors The Contractor shall assess its own nsks 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 16. 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 17. Indemnity. The Contractor shall defend, indemnify, hold' harmless and, not excluding the County's nght to participate, defend the County, its officers; officials, agents, and employees, from and ,against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys'' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in 7 i whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree It is the specific intention of the parties that 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 Contractor will be responsible for pnmary loss investigation, defense, and judgment costs where this indemnification; is applicable In consideration for the award of this contract, the Contractor agrees to waive all nghts of subrogation against the County, its officers, officials, agents, and employees for losses ansing from the work performed by the Contractor for the County f '18. ' Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the pnor wntten approval of County Any attempts by Contractor to assign or transfer its nghts hereunder without such pnor ,approval by County shall, at the option of County, automatically terminate this Agreement and all nghts of Contractor hereunder Such consent may be granted or',denied at the sole and absolute discretion of County 19: -Examination of Records. To the extent required by law, the Contractor agrees that a duly authonzed representative of County, including the County Auditor, shall have ,access to and the nght to examine and audit any books, documents, papers, and records ,of Contractor, involving all matters and/or transactions related to this Agreement Contractor agrees to maintain these documents for three years from the date of the last payment received 'I 20. 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 a'ny cause beyond its reasonable control, including but not limited to Acts of God, fires, stnkes, war, flood,- earthquakes, or Governmental actions 21. Notices. County may designate its project representative ("County Representative") who shall make, within the 'scope of his or her authonty,!all necessary and proper decisions with reference to the project All requests,;, for contract interpretations, change orders, and other clanfication or instruction shall be directed to County Representative as identified below All notices or other communications (including annual maintenance 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 couner 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 and received by the sending party, or 8 Either party may change its notice address(es) by wntten notice to the other Notice may be sent to TO CONTRACTOR Name Carne Vanderpool Position Government Sales Manager Address 530 Jesse St E-mail salesQclsusa com Phone 972-647-8300 TO COUNTY Name Kevin Hettinger Position Public Works Maintenance Support Division Supervisor Address 1111 H ST, Greeley, CO 80631 E-mail khettinger@weld gov Phone 970-400-3782 22. Compliance with Law. Contractor shall stnctly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discnmination and unfair employment practices 23. 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 24. 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 25. 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 26. 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 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement 9 (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination 28. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent Junsdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, nghts, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10- 101 et seq , as applicable now or hereafter amended 30. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all nghts of action relating to such enforcement, shall be stnctly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or nght 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 31. 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 32. 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 junsdiction to resolve said dispute 33. 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 comply with all other requirements of federal or state law 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 10 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each art shall be party responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 35. Binding Arbitration Prohibited. VVeld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: ecy,,q Name: Carrie anderpooi Title: Government Sales Manager WELD COUNTY: ATTEST:C"La atio:4 B OARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board Date of Signature: 4/2/2025 BY. Deputy Clerk to the Bcrd Perry L.uck, Chair 11 zoa5e--0121 Exhibit A Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 Supply (Recurring) - Invitation for Bid (IFB) Cover Sheet Bid Number: B2500032 Title: 2025 Sign Material Supply Advertisement Date: February 20, 2025 Questions Due: March 4, 2025, by 3:00 PM Questions Posted: March 6, by 3:00 PM Questions email: bids@weld.gov Bid Due Date: March 13, 2025, by 11:OOAM Purchasing's Clock Bid Delivery: Preferred email to bids weld.gov or option to hand delivery to 1301 North 17t'' Avenue, Greeley, CO 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Schedules IFB Attachments Attachment 1 — Sign Material Bid Schedule 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 S chedule F: Weld County Contract Form Revision 1-2025 Table of Contents Supply (Recurring) - 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 Pricing Method 6 Specific Requirements and Responsibilities 6 Schedule C - Procurement Schedule 8 Schedule D — Bid Response Form 9 Bid Submittal Instructions 9 Fees 9 Attestation 9 Schedule E — Insurance 11 Insurance 11 Insurance Mailing Information 13 Schedule F - Weld County Contract 14 Contractual Obligations 14 Weld County Standard Contract 14 B2500032 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: 2025 Sign Material Supply Bids will be received until: March 13, 2025 at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on March 13, 2025 at 11:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Microsoft By Phone Teams Join the meeting now Phone +1 720-439-5261„711368021# Dial in by phone Meeting Passcode: ID: 235 pP6ub2i6 258 432 20 United conference States, ID: Denver 711 368 021# 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(a�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 IV1B. 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 representative, followed by the signature and title of the person signing. Bids by corporations B2500032 3 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 bids) 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 B2500032 4 negative impact on Weld County in the current term or in any future terms 62500032 5 Schedule B - Scope of Work P roject Overview Weld County is seeking bids for a vendor to provide 2025 Sign Material Supply. The Agreement shall commence April 2, 2025, and continue in force until April 1, 2026. 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. Pricing Method Unit Pricing: Unit pricing is where the contractor simply sets a price for each unit of type of work, or category of cost. S pecific Requirements and Responsibilities P ublic Works is seeking pricing for material for making roadway signs with the following specifications. 1. Pricing must include delivery to Weld County Public Works located at 1111 H -Street, Greeley, CO 80631. 2. Delivery instructions. a. Bidder must provide 48 hours' notice prior to delivery. b. Delivery times will be between the hours of 7:00 a.m. and 2:00 p.m., Monday thru Freda Y - c. Delivery contacts shall be Kevin Hettinger 970-400-3782 or Ryan Reynolds 970-400- 3780 3. Items will be ordered on an as needed basis starting from time of bid agreement through April 1, 2026. 4. The following items are being sought. The sizes and shape are indicated in Attachment 1 — Bid Schedule. Bidder shall enter the corresponding price for each type. a. Aluminum sign blanks shall be to be a minimum of .080 thickness, and anodized aluminum b. Sign Blanks with applied facings shall be minimum Diamond DG3 or equivalent. c. Reflective Tape — Temporary Pavement Marking shall be 4" Wide rolls, minimum HI, foil backed with factory applied adhesive foil backing. d. Barricade Sheeting Materials shall be 8" x 50 -yard rolls, HIP, Pressure Sensitive, with adhesive backing — (Stripes are to be 6" Wide) (Downward angle indicates right or left slant) Minimum: High Intensity Prismatic (HIP). e. Reflective Sheeting shall be 150' lengths, pressure sensitive, with adhesive backing, and must be 3M Diamond Grade Serries 4000 Sheeting. f. Reflective Sheeting Engineering Grade shall be 150' length and must be 3M brand. B2500032 6 g Film and Vinyl shall be high performance film, opaque cast, 2 mil, high gloss film with clear pressure sensitive adhesive and synthetic adhesive backing, compatible with HIP sheeting and Diamond VIP This matenal is equivalent to 3M 7725 senes Paper backing will not be accepted h Transfer tape (pre -masking tape) . i Protective Laminate Sheeting shall be 150' lengths, with adhesive backing Sign sheeting protective laminate, must be 3M 1170i i Traffic Control cones shall be Minimum 28" height, heavy base, orange with two HIP or Diamond VIP reflective bands, 6" wide band, heavy base k Traffic Channelizer Drums shall be minimum 40" height and a minimum 36" width Orange stackable with 25 lb rubber bases with minimum HIP retroreflective bands Built-in carry handle with top holes for barricade lights I Chip Seal Markers shall be yellow reflective, double -sided and self-adhesive with clear removable lens cover Size 4 inch m Type I Vertical Panel to meet or exceed MUTCD requirements Orange vertical indicator panels with minimum HIP orange and white reflective sheeting (8"x36"), 6" stripes, stnped left on one side and striped right on the other side Stackable with carry top handle for barncade light 30 -pound rubber bases with molded carry handle n Type III Barricade panels to be white plastic panels, no holes and no sheeting required o Square tubing, steel square tubing, galvanized or zinc, with 7/16th holes on 1" centers on all four sides, full length Each post shall come with 1 base, 36" in length, 2 25" bases will have 7/16th holes on 1" centers, 3" bases will have'/z' holes minimum quantity of 2 on each side 1" centers, and mounting hardware prescribed . p Dnvable Fiberglass Delineator posts shall be 62" in height, 3-3/4" wide and have HIP reflective sheeting q Shur -Flex delineators with no reflective sheeting required 5 Attachment 1 — Bid Schedule is where bidders shall enter the corresponding price for each type Attachment 1 — Bid Schedule must be returned in an original MS Excel file with bid submission Failure to do so will result in a non -responsive bid B2500032 7 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Completion February 21, 2025 March 4, 2025, by 3:00 PM bids@weld.gov March 6, 2025 March 13, 2025, by 11:00am Purchasing's Clock April 2, 2025 April 9, 2025 April 1, 2026 B2500032 8 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 11:00 AM on March 13, 2025. 1) Schedule D - Bid Response Form 2J Attachment 1 - Bid Schedule 3) Any potential or future Addenda must be completed/acknowledged. 4) 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 the material items on each item as listed in Attachment 1 — Bid Schedule. Attachment 1 — Bid Schedule must be returned in an original MS Excel file with bid submission. Failure to do so will result in a non -responsive bid. 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. #B2500032. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3 He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4 Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 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: B2500032 9 By: Name: Title: Date of Signature B2500032 10 Schedule E - Insurance Insurance Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of 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 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 elected officials, trustees, 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." Such policy shall include Minimum Limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal/Advertising Injury 1,000,000 2,000,000 2,000,000 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Proof of Insurance. 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 B2500032 11 the County, 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 certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. 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. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. 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. Additional Insurance Related Requirements. 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. 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. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, 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, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. 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 B2500032 12 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 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. 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. S ubcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. N o limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 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: P roject Manager: Kevin Hettinger Email: khettinger@weld.gov Telephone: (970)-400-3782 Mail: Weld County Public Works ATTN: Sign Material Supply Kevin Hettinger PO Box 758 Greeley, CO 80632 B2500032 13 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project -by -project basis that provide further clarification. Weld County Standard Contract Supply Agreement Between Weld County and [Contractor] THIS AGREEMENT is made and entered into this day of , 202_, by and between the Board of Weld County Commissioners, on behalf of [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. 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 B2500032 14 document and in the attached 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. B Exhibit B consists of Contractor's Response to County's Request. 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 n ecessary to perform and complete the Work described in the attached Exhibits. 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. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. 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. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience u pon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon n inety (90) days written notice to County. Either Party may immediately terminate this Agreement u pon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach. Nothing herein shall be construed as giving Contractor the right to provide materials or services under this Agreement beyond the time when such materials or services become unsatisfactory to the County. 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 completed or partially completed Work 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. Upon termination of this Agreement by County, Contractor shall have n o 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. 6. Compensation; Invoicing. Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by B2500032 15 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. 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). Unless otherwise provided in the Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice. County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe. 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 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 the 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. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the 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. Contractor warrants that it has title to the B2500032 16 matenals supplied and that they are free and clear of all liens, encumbrances, and secunty interests In addition to the foregoing,' all work performed pursuant to this Agreement is subject to a minimum one-year warranty penod, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies This warranty shall commence on the date of County's final inspection and acceptance of the materials The Contractor warrants that the matenals to be supplied pursuant to this Agreement are fit and sufficient for the purpose ,intended, they are merchantable, of good quality, and free, from defects, whether patent or latent, in matenal or workmanship, and the matenals sold to Weld County pursuant 'to this Agreement conform to the minimum specifications as established herein Service Calls in the First One Year Penod Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the matenals purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year penod after said materials are first supplied to Weld County 10. Acceptance of Services Not a Waiver. 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 exists shall not impair or prejudice any nght 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 nghts under this Agreement or under the law generally 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covenng all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times dunng the term of the Agreement, or any extension thereof, and dunng any warranty penod For all coverages, Contractor's insurer shall waive subrogation nghts against County Contractor shall provide coverage with limits of liability no less than those stated below An excess liability policy; or umbrella liability policy may be used to meet the minimum liability requirements provided that the 'coverage is wntten on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authonzed 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 Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covenng all of 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 appropnate sole propnetor waiver form Minimum Limits B2500032 17 Coverage A (Workers' Compensation) Coverage B (Employers Liability) Statutory 100,000 100,000 500,000 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 elected officials, trustees, 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." Such policy shall include Minimum Limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal/Advertising Injury $ $ 1,000,000 2,000,000 2,000,000 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. 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, 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 certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. 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. B2500032 18 All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project descnption shall be noted on the certificate of insurance The County reserves the nght to require complete; certified copies of all insurance policies for examination required by this Agreement at any time Any modification or variation from the insurance requirements iri 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 13 Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a pnmary basis, non-contnbutory with any other insurance coverages and/or self-insurance carned by the County 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 r Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years;after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carner shall provide a minimum of 30 days advance wntten notice to the County for cancellation, non -renewal, suspension, voided, or matenal changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days pnor notice may be given , 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 agrees that the insurance requirements specified; in this Agreement do not reduce ' the liability Contractor has assumed in the indemnification/hold harmless section ofthis Agreement 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 14. Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-d'escnbed insurance pnor to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County B2500032 19 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 16. 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. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that 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 Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. 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. 19. Examination of Records. To the extent required by law, the Contractor agrees that a 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. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. 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. 21. Notices. County may designate its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with B2500032 20 reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative as identified below. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: E-mail: Phone: TO COUNTY: Name: Position: Address: E-mail: Phone: 22. 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. 23. 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. 24. 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. 25. 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. 26. 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 ias any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. B2500032 21 27. 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 requirements) shall survive any such expiration or termination. 28. 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 enforced without such provision, to the extent that this Agreement is then capable of execution within the o riginal intent of the parties. 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 30. 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. 31. 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, o r its designee. 32. 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. 33. 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 e mploys 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 comply with all other requirements of federal or state law. 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. 34. 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. B2500032 22 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits, 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 Name Title WELD COUNTY ATTEST Weld County Clerk to the Board BY Date of Signature BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Deputy Clerk to the Board Perry L Buck, Chair B2500032 23 Bid Item Number Aluminum Blank Size Blank Shape Size of Holes # of Holes Unit Price $ 1 6 "X 24" 2 6" X 30" 3 8" X 24" 4 18" X 18 5 18" X 24" 6 18" X 48" 7 24" X 24" 8 24" X 30" 9 24" X 48" 10 30" X 30" 11 36" X 36" 12 48" X 30" 13 36"X 48" X48" 14 30" X 30" 15 36" X 36" 16 36" X 36" 17 36" X 36"X 36" 18 12" X 18" 19 48" X 60" 20 48" X 48" 21 48" X 48" 22 6" X 18" 23 48 "x48"x48" 24 36" X 48" 25 24" X 36" 26 36" X 12" 27 30" X 12" 28 48" X 15" 29 48" X 12" 30 48"X 8" 31 24"X 24" C my Shield II Horizontal Horizontal Horizontal Square Verticle Horizontal Square Verticle Horizontal Diamond Diamond Horizontal Triangle Octagonal Octagonal Round Triangle Verticle Horizontal Diamond Octagonal Horizontal Triangle Horizontal Horizontal Horizontal Horizontal Horizontal Horizontal Horizontal Horizontal 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 2 2 2 2 2 4 2 2 4 2 2 4 2 2 2 2 2 2 4 2 2 2 2 2 2 2 2 2 2 2 2 Bid Item, Number Blank _Size _and Shape -; 32 48"X48" Octagon 33 48"X48" Diamond 34 48"X48" Diamond Number ;TRoll Width '` 35 4inches 36 4inches -`MUTCD Code - - Color-` R1-1 / STOP Red/White W SERIES / YELLOW WITH BORDER W SERIES / ORANGE WITH BORDER Roll L'engtha, 37 8 inches 50 yards 38 8 inches 50 yards 39 8 inches 50 yards 40 8 inches 50 yards 41 30 inches 50 yards 42 30 inches 50 yards 43 30 inches 50 yards 44 36 inches 50 yards 45 36 inches 50 yards 46 36 inches 50 yards 47 36 inches 50 yards 48 48 inches 50 yards 49 30 inches 50 yards 50 36 inches 50 yards 51 48 inches 50 yards 52 30 inches 50 yards 53 30 inches 50 yards 54 30 inches 50 yards 55 30 inches 50 yards 56 4 inches 100 feet 57 8 inches 100 feet 58 12 inches 100 feet 59 15 inches 100 feet 60 24 inches 100 feet Yellow/Black Orange/Black Color, White Yellow O/W Left Slant Barricade Sheeting HIP O/W Right Slant Barricade Sheeting HIP R/W Left Slant Barricade Sheeting HIP R/W Right Slant Barricade Sheeting HIP Yellow Reflective Sheeting 4000 series White Reflective Sheeting 4000 series Florescent Green Reflective Sheeting 4000 series White Reflective Sheeting 4000 series Yellow Reflective Sheeting 4000 series Florescent Green Reflective Sheeting 4000 series Orange Reflective Sheeting 4000 series White Reflective Sheeting 4000 series White Reflective Sheeting Eng Grade 3M White Reflective Sheeting Eng Grade 3M White Reflective Sheeting Eng Grade 3M Black High Performance Film White High Performance Film Cardinal Red High Performance Film Intense Blue High Performance Film Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) # of Holes Type_ �'--- Temp Pavement Marking Temp Pavement Marking Unit Price $ 2 2 2 _r Unit Pnce $ � � 61 62 63 64 65 66 Bid Item Number 67 68 69 70 70 70 71 Bid Item Number 72 73 74 Bid Item Number 75 76 77 78 30 inches 36 inches 48 inches 30 inches 36 inches 48 inches Description Traffic Cones Traffic Cones Traffic Drums Traffic Drums Chip Seal Markers Type I Verticle Panel Type III Barricade Pane! Post Size 2"x 2"x10' 2"x 2"x12' 2.5"x2.5"x12' Post Size 3-3/4", 62" H 3-3/4", 62" H 48" tall 13" flat top 36" round 100 feet 100 feet 100 feet 50 yards 50 yards 50 yards Additions none Weld County name or logo none Weld County name or logo 1" thick Gauge 14 gauge 14 gauge 12 gauge Color and reflectivity White post, 3 yellow strips White post, 1 white strip green post yellow post Size 28" tall 28" tall 40" tall 40" tall 4 inch 36" tall x 8" wide 10' long x 8 wide Base Size 2.25" x 2.25" x 36" 2.25" x 2.25" x 36" 3"x 3"x 36" Base Type drivable square tubing surface mount Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Protective Overlay Sheeting 3M 1170i Protective Overlay Sheeting 3M 1170i Protective Overlay Sheeting 3M 1170i Color Orange and White O range and White O range and White O range and White Yellow Reflective O range White Hardware corner bolt and nut corner bolt and nut 2 appropriate shoulder bolts and nut Type Drivable Fiberglass Delineator Drivable Fiberglass Delineator Shur -Flex Delineator Shur -Flex Delineator Unit Price $ Unit Price $ Unit Price $ Addendum # 1 Bid Request Number B2500032 2025 Sign Material Supply Questions & Answers: Avery Dennison kindly submits the proposed product acceptance request in reference to Bid 2025 Sign Material Supply B2500032. Please reference the below crosswalk reflecting all comparison products. Type Series T-1000, W - Type I 1000 T-2000, W- 2000 T-6000, W- 6500 Type III/IV Type VIII T-7000 W-7514 Avery Dennison Products Description Glass Beaded Engineer Grade Sheeting Prismatic Engineer Grade Sheeting High Intensity Prismatic Sheeting (HIP) MVP Maximum Visual Performance Sheeting MVP Maximum Visual Performance Sheeting, FLO Type IX* Type XI Overlay T-9500* T-11000, W- 11000 OL-1000 OmniView* OmniCube Full Cube Microprismatic Overlay OL-2000 Overlay Transfer Tape Transfer Tape Printable Vinyl OL-3003 AT65 AT75 SC -950 Anti -Graffiti Overlay Film Acrylic Transparent Overly Film Overlay Pet Liner Transfer Tape AT65 Transfer Tape AT75 Vinyl, Black, White, Clear, Colors Series 3270, 3290 Engineer Grade Sheeting 3M Products Description 3430 3900 3924S 3990 4000 1160 1170 SCPS-2 TPM5 7725- 10,12 Prismatic Engineering Grade High Intensity Grade Prismatic Sheeting (HIP) Diamond Grade, Fluorescent Orange Diamond Grade VIP Diamond Grade DG3 Anti -Graffiti Overlay Film ElectroCut Overlay Film Transfer Tape Transfer Tape Vinyl Series Avery Dennison products meet ASTM standards. Here is a link to Avery Dennison Product Data Bulletins: https://reflectives.averydennison.com/en/home/customer- tools/product-data-bulletins/north-america. html Thank you for your consideration. We look forward to your response. 3M materials used on the County owned HP 365 Latex printer using FlexiPRINT & Cut Authorized 3MTm Traffic Edition Software are warranted by 3M. Weld County has not been made aware of any updates that would warrant equivalent materials in similar ways by Avery Dennison. The only materials limited to 3M according to specifications required in the bid on page 6 are those that 4. e., 4. f. and 4. i. apply to. Those specifications will be limited to the following bid item numbers as listed on Attachment 1. Those items would be number 41 through 51 and items 64, 65 and 66. All other items listed in Attachment 1 are accepting of Avery Dennison products that meet specifications for those items. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Signature: Name: Title: April 1, 2025 [Click to Update] Date of Signature Exhibit B Weld County Finance Department Purchasing Division 1301 North 17t'' Avenue Greeley, Colorado 80631 Supply (Recurring) - Invitation for Bid (IFB) Cover Sheet Bid Number: B2500032 Title: 2025 Sign Material Supply Advertisement Date: February 20, 2025 Questions Due: March 4, 2025, by 3:00 PM Questions Posted: March 6, by 3:00 PM Questions email: bids@weld.gov Bid Due Date: March 13, 2025, by 11:00AM Purchasing's Clock Bid Delivery: Preferred email to bidsgweld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Schedules IFB Attachments Attachment 1 — Sign Material Bid Schedule S chedule A: Bid Instructions Schedule B: Scope of Work Schedule C: Project Schedule S chedule D: Bid Form S chedule E: Insurance & Bonds Schedule F: Weld County Contract Form Revision 1-2025 Table of Contents Supply (Recurring) - 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 Pricing Method 6 Specific Requirements and Responsibilities 6 Schedule C - Procurement Schedule 8 Schedule D — Bid Response Form 9 Bid Submittal Instructions 9 Fees 9 Attestation 9 Schedule E — Insurance 11 Insurance 11 Insurance Mailing Information 13 Schedule F - Weld County Contract 14 Contractual Obligations 14 Weld County Standard Contract 14 B2500032 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: 2025 Sign Material Supply Bids will be received until: March 13, 2025 at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on March 13, 2025 at 11:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Microsoft By Phone Teams Meeting Join the meeting now Phone +1 720-439-5261„711368021# Dial in by phone Passcode: ID: 235 pP6ub2i6 258 432 20 United conference States, ID: Denver 711 368 021# 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(a�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 representative, followed by the signature and title of the person signing. Bids by corporations B2500032 3 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 B2500032 4 negative impact on Weld County in the current term or in any future terms B2500032 5 Schedule B - Scope of Work P roject Overview Weld County is seeking bids for a vendor to provide 2025 Sign Material Supply. The Agreement shall commence April 2, 2025, and continue in force until April 1, 2026. 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. P ricing Method Unit Pricing: Unit pricing is where the contractor simply sets a price for each unit of type of work, or category of cost. Specific Requirements and Responsibilities P ublic Works is seeking pricing for material for making roadway signs with the following specifications. 1. Pricing must include delivery to Weld County Public Works located at 1111 H -Street, Greeley, CO 80631. 2. Delivery instructions. a. Bidder must provide 48 hours' notice prior to delivery. b. Delivery times will be between the hours of 7:00 a.m. and 2:00 p.m., Monday thru Friday c. Delivery contacts shall be Kevin Hettinger 970-400-3782 or Ryan Reynolds 970-400- 3780. 3. Items will be ordered on an as needed basis starting from time of bid agreement through April 1, 2026. 4. The following items are being sought. The sizes and shape are indicated in Attachment 1 — Bid Schedule. Bidder shall enter the corresponding price for each type. a. Aluminum sign blanks shall be to be a minimum of .080 thickness, and anodized aluminum. b. Sign Blanks with applied facings shall be minimum Diamond DG3 or equivalent. c. Reflective Tape — Temporary Pavement Marking shall be 4" Wide rolls, minimum HI, foil backed with factory applied adhesive foil backing. d. Barricade Sheeting Materials shall be 8" x 50 -yard rolls, HIP, Pressure Sensitive, with adhesive backing — (Stripes are to be 6" Wide) (Downward angle indicates right or left slant) Minimum: High Intensity Prismatic (HIP). e. Reflective Sheeting shall be 150' lengths, pressure sensitive, with adhesive backing, and must be 3M Diamond Grade Serries 4000 Sheeting. f. Reflective Sheeting Engineering Grade shall be 150' length and must be 3M brand. B2500032 6 g Film and Vinyl shall be high performance film, opaque cast, 2 mil, high gloss film with clear pressure sensitive adhesive and synthetic adhesive backing, compatible with HIP sheeting and Diamond VIP This matenal is equivalent to 3M 7725 series Paper backing will not be accepted h Transfer tape (pre -masking tape) i Protective Laminate'Sheeting shall be 150' lengths, with adhesive backing Sign sheeting protective laminate, must be 3M 1170i j Traffic Control cones shall be Minimum 28" height, heavy base, orange with two HIP or Diamond VIP reflective bands, 6" wide band, heavy base k Traffic Channelizer Drums shall be minimum 40" height and a minimum 36" width Orange stackable with 25 lb rubber bases with minimum HIP retroreflective bands Built-in carry handle with top holes for barncade lights _ I Chip Seal Markers shall be yellow reflective, double -sided and self-adhesive with clear removable lens cover Size 4 inch m Type I Vertical Panel to meet or exceed MUTCD requirements Orange vertical indicator panels with minimum HIP orange and white reflective sheeting (8"x36"), 6" stripes, striped left on one side and striped right on the other side Stackable with carry top handle for barricade light 30 -pound rubber bases with molded carry handle n Type III Barricade panels to be white plastic panels, no holes and no sheeting required o Square tubing, steel square tubing, galvanized or zinc, with 7/16th holes on 1" centers on all four sides, full length Each post shall come with 1 base, 36" in length, 2 25" bases will have 7/16th holes on 1" centers, 3" bases will have th" holes minimum quantity of 2 on each side 1" centers, and mounting hardware prescribed p Drivable Fiberglass Delineator posts shall be 62" in height, 3-3/4" wide and have HIP reflective sheeting q Shur -Flex delineators with no reflective sheeting required 5 Attachment 1 — Bid Schedule' is where bidders shall enter the corresponding price for each type Attachment 1 — Bid Schedule must be returned in an original MS Excel file with bid submission Failure to do so will result in a non -responsive bid B2500032 '7 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Completion February 21, 2025 March 4, 2025, by 3:00 PM bids@weld.gov March 6, 2025 March 13, 2025, by 11:00am Purchasing's Clock April 2, 2025 April 9, 2025 April 1, 2026 B2500032 8 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 11:00 AM on March 13, 2025. 1) Schedule D — Bid Response Form 2) Attachment 1 — Bid Schedule 3) Any potential or future Addenda must be completed/acknowledged. 4J 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 the material items on each item as listed in Attachment 1 — Bid Schedule. Attachrrent 1 — Bid Schedule must be returned in an original MS Excel file with bid submission. Failure to do so will result in a non -responsive bid. 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. #B2500032. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 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: Centerline Supply Inc Address: 530 Jesse St Phone 972-647-8300 Email: sales@clsusa.com FEIN/Federal Tax ID #: 75-2229085 CONTRACTOR: B2500032 9 By• Name: Carrie Vanderpool Title: Government Sales Manager 82500032 3/12/2025 Date of Signature 10 Schedule E — Insurance Insurance Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of 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 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 elected officials, trustees, 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." Such policy shall include Minimum Limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal/Advertising Injury 1,000,000 2,000,000 2,000,000 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Proof of Insurance. 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 B2500032 11 the County, 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 certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. 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. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. 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. Additional Insurance Related Requirements. 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. 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. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, 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, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. 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 B2500032 12 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 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. 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. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 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: Kevin Hettinger Email: khettinger@weld.gov Telephone: (970)-400-3782 Mail: Weld County Public Works ATTN: Sign Material Supply Kevin Hettinger PO Box 758 Greeley, CO 80632 B2500032 13 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on aproject-by-project basis that provide further clarification. Weld County Standard Contract Supply Agreement Between Weld County and [Contractor] THIS AGREEMENT is made and entered into this 12tiday of March , 2025, by and between the Board of Weld County Commissioners, on behalf of [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS County requires an independent contractor to supply materials to County as set forth in the attached Exhibits; and WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement. 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 B2500032 14 document and in the attached 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. B 2500032 Exhibit B consists of Contractor's Response to County's Request. 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 n ecessary to perform and complete the Work described in the attached Exhibits. 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. The material and/or equipment shall be delivered to the location(s) specified herein. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. 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. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience u pon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon n inety (90) days written notice to County. Either Party may immediately terminate this Agreement u pon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach. Nothing herein shall be construed as giving Contractor the right to provide materials or services under this Agreement beyond the time when such materials or services become unsatisfactory to the County. 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 completed or partially completed Work 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. Upon termination of this Agreement by County, Contractor shall have n o 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. 6. Compensation; Invoicing. Upon Contractor's delivery of materials to County at the location described in the Exhibits, and County's acceptance of the same, County agrees to pay Contractor as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by B2500032 15 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 Ellin koror 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 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) Unless otherwise provided in the Exhibits, Contractor shall invoice County for all matenals supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe 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 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 the Work without County's prior wntten consent, which may be withheld in County's sole discretion County shall have the nght 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. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the 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 Contractor warrants that it has title to the B2500032 16 materials supplied and that they are free and clear of all liens, encumbrances, and secunty interests In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, during which the Contractor must cSnlect any failures or deficiencies This warranty shall commence on the date of County's final inspection and acceptance of the materials The Contractor warrants that the matenals to be supplied pursuant to this Agreement are fit and sufficient for, the purpose intended, they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship, and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein Service Calls in the First One Year Period Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the matenals purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year penod after said matenals are first supplied to Weld County 10. Acceptance of Services Not a Waiver. 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 exists 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 nghts under this Agreement or under the law generally 11. 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 dunng the term of the Agreement, or any extension thereof, and dunng any warranty penod For all coverages, Contractor's insurer shall waive subrogation nghts against County Contractor shall provide, coverage with limits of liability no less than those stated below An excess liability policy' or umbrella liability policy may be used to meet the minimum liability requirements provided that the 'coverage is wntten on a "following form" basis Acceptability of Insurers Insurance is to be placed with insurers!,duly licensed or authonzed 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 Required Types of insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of 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 appropnate sole propnetor waiver form Minimum Limits B2500032 17 Coverage A (Workers' Compensation) Coverage B (Employers Liability) $ $ Statutory 100,000 100,000 500,000 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 elected officials, trustees, 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." Such policy shall include Minimum Limits as follows: Each Occurrence General Aggregate Products/Completed Operations Aggregate Personal/Advertising Injury 1,000,000 2,000,000 2,000,000 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. 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, 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 certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. 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. B2500032 18 All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address The project/contract number and project descnption shall be noted on the certificate of insurance The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time , 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 , 13 Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a pnmary basis, non-contnbutory with any other insurance coverages and/or self-insurance carned by the County , 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 Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years 'after completion of the project Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or matenal changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days pnor notice may be given 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 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 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' 14. Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-descnbed insurance pnor to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County 62500032 19 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 16. 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. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that 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 Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. 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. 19. Examination of Records. To the extent required by law, the Contractor agrees that a 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. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. 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. 21. Notices. County may designate its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with B2500032 20 reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative as identified below. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: E-mail: Phone: Carrie Vanderpool Government Sales Manager 530 Jesse St, Grand Prairie, TX 75051 sales@clsusa.com 737-230-3646 TO COUNTY: Name: Position: Address: E-mail: Phone: 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. B2500032 21 27. 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 requirements) shall survive any such expiration or termination. 28. 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 enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 30. 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. 31. 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. 32. 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. 33. 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 e mploys 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 comply with all other requirements of federal or state law. 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. 34. 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. B2500032 22 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements,oral or written, and any other communications between the parties relating to the subject matter of this Agreement CONTRACTOR v C,..4-<>(---- By Nam -tame Vanderpool Title Govemment Sales Manager WELD COUNTY ATTEST Weld County Clerk to the Board BY Date of Signature, 3/12/2025 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Deputy Clerk to the Board Perry L Buck, Chair B2500032 23 Addendum # 1 Bid Request Number B2500032 2025 Sign Material Supply Questions & Answers: Avery Dennison kindly submits the proposed product acceptance request in reference to Bid 2025 Sign Material Supply B2500032. Please reference the below crosswalk reflecting all comparison products. ASTM Type Type I Type III/IV Type VIII Type IX* Type XI Overlay Overlay Overlay Transfer Tape Transfer Tape Printable Vinyl Series T-1000, W- 1000 T-2000, W- 2000 T-6000, W- 6500 Avery Dennison Products Description T-7000 W-7514 T-9500* T-11000, W- 11000 O L-1000 OL-2000 OL-3003 AT65 AT75 SC -950 Glass Beaded Engineer Grade Sheeting Prismatic Engineer Grade Sheeting High Intensity Prismatic Sheeting (HIP) MVP Maximum Visual Performance Sheeting MVP Maximum Visual Performance Sheeting, FLO OmniView* OmniCube Full Cube Microprismatic Anti -Graffiti Overlay Film Acrylic Transparent Overly Film Overlay Pet Liner Transfer Tape AT65 Transfer Tape AT75 Vinyl, Black, White, Clear, Colors 1 1 1 I 1 1 1 1 1 Series 3270, 3290 3430 3900 3924S 3990 4000 1160 1170 3M Products Description Engineer Grade Sheeting Prismatic Engineering Grade High Intensity Grade Prismatic Sheeting (HIP) Diamond Grade, Fluorescent Orange Diamond Grade VIP Diamond Grade DG3 Anti -Graffiti Overlay Film ElectroCut Overlay Film SCPS-2 Transfer Tape TPM5 7725- 10,12 Transfer Tape Vinyl Series Avery Dennison products meet ASTM standards. Here is a link to Avery Dennison Product Data Bulletins: https://reflectives.averydennison.com/en/home/customer- tools/product-data-bulletins/north-america.html Thank you for your consideration. We look forward to your response. 3M materials used on the County owned HP 365 Latex printer using FlexiPRINT & Cut Authorized 3M TM Traffic Edition Software are warranted by 3M. Weld County has not been made aware of any updates that would warrant equivalent materials in similar ways by Avery Dennison. The °My materials limited to 3Maccording to specifications re aired in the bid on 9 a page 6 are those that 4. e), 4. f. and 4. i. apply to. Those specifications will be limited to to the following bid item numbers as listed on Attachment 1. Those items would be number 41 through 51 and items 64 65 and . �a 66. All ©they items listed in Attachment 1 are accepting of Aver Dennison products .. Avery p cts that meet specifications for those items. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank your" Company Name: Centerline Supply Inc Signature: Ki / Name: Carrie Vanderpool Title: Government Sales Manager March 12, 2025 3/12/2025 Date of Signature Bid Item Number Aluminum Blank Size Blank Shape 1 6 "X 24" Horizontal 2 6" X 30" Horizontal 3 8" X 24" Horizontal 4 18" X 18 " Square 5 18" X 24" Verticle 6 18" X 48" Horizontal 7 24" X 24" Square 8 24" X 30" Verticle 9 24" X 48" Horizontal 10 30" X 30" Diamond 11 36" X 36" Diamond 12 48" X 30" Horizontal 13 36"X 48" X48" Triangle 14 30" X 30" Octagonal 15 36" X 36" Octagonal 16 36" X 36" Round 17 36" X 36"X 36" Triangle 18 12" X 18" Verticle 19 48" X 60" Horizontal 20 48" X 48" Diamond 21 48" X 48" Octagonal 22 6" X 18" Horizontal 23 48"x48"x48" Triangle 24 36" X 48" Horizontal 25 24" X 36" Horizontal 26 36" X 12" Horizontal 27 30" X 12" Horizontal 28 48" X 15" Horizontal 29 48" X 12" Horizontal 30 48"X 8" Horizontal 31 24"X 24" Cnty Shield Horizontal Bid Item Number Blank Size and Shape MUTCD Code 32 48"X48" Octagon R1-1 /STOP 33 48"X48" Diamond WSERIES / YELLOW WITH BORDER 34 48"X48" Diamond W SERIES /ORANGE WITH BORDER Bid Item Number Roll Width Roll Length 35 4 inches 50 yards 36 4 inches 50 yards 37 8 inches 50 yards 38 8 inches 50 yards 39 8 inches 50 yards 40 8 inches 50 yards 41 30 inches 50 yards 42 30 inches 50 yards 43 30 inches 50 yards 44 36 inches 50 yards 45 36 inches 50 yards 46 36 inches 50 yards 47 36 inches 50 yards 48 48 inches 50 yards 49 30 inches 50 yards 50 36 inches 50 yards 51 48 inches 50 yards 52 30 inches 50 yards 53 30 inches 50 yards Size of Holes 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" Color Red/VVhite Yellow/Black Orange/Black Color White *VISA EG 4x50FE Yellow *VISA EG 4x50FE 0/W Left Slant O/W Right Slant R/W Left Slant R/W Right Slant Yellow White Florescent Green White Yellow Florescent Green Orange White White White White Black White # of Holes # of Holes Type Temp Pavement Marking Temp Pavement Marking Barricade Sheeting HIP Barricade Sheeting HIP Barricade Sheeting HIP Barricade Sheeting HIP Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting Eng Grade 3M Reflective Sheeting Eng Grade 3M Reflective Sheeting Eng Grade 3M High Performance Film High Performance Film Unit Price $ 2 4.24 2 5.30 2 5.65 2 9.54 2 12.71 4 25.43 2 16.95 2 21.19 4 33.90 2 26.49 2 38.14 4 42.38 2 32.78 2 26.49 2 38.14 2 38.14 2 19.08 2 6.36 4 84.75 2 67.80 2 67.80 2 3.18 2 33.90 2 50.85 2 25.43 2 12.71 2 10.60 2 21.19 2 16.95 2 11.30 2 16.95 Unit Price $ 2 227.16 2 230.74 2 230.74 Unit Price $ 90.00 90.00 201.25 201.25 201.25 201.25 1359.38 1359.38 1359.38 1631.25 1631.25 1631.25 2223.98 2175.00 412.50 495.00 660.00 422.19 422.19 54 55 56 57 58 59 60 61 62 63 64 65 66 30 inches 30 inches 4 inches 8 inches 12 inches 15 inches 24 inches 30 inches 36 inches 48 inches 30 inches 36 inches 48 inches 50 yards 50 yards 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet 50 yards 50 yards 50 yards Cardinal Red Intense Blue 6.5"x100yds (min 8 rolls) 8.5"x100yds (min 4 rolls) 12"x100yds (min 4 rolls) 18"x100yds (min 2 rolls) 24"x100yds (min 2 rolls) 30"x100yds 36"x100yds 48"x100yds High Performance Film High Performance Film Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Protective Overlay Sheeting 3M 1170i Protective Overlay Sheeting 3M 1170i Protective Overlay Sheeting 3M 1170i 459.38 459.38 24.38 31.88 45.00 67.50 90.00 112.50 135.00 180.00 462.50 405.00 540.00 Bid Item Number Description Additions Size Color Unit Price $ 67 Traffic Cones 68 Traffic Cones 69 Traffic Drums 70 Traffic Drums 70 Chip Seal Markers 70 Type I Verticle Panel 71 Type III Barricade Panel none Weld County name or logo none Weld County name or logo 1" thick 28" tall 28" tall 40" tall 40" tall 4 inch 36" tall x 8" wide 10' long x 8 wide Orange and White Orange and White Orange and White Orange and White Yellow Reflective Orange White 21.44 22.06 62.13 64.63 0.50 52.23 16.28 Bid Item Number Post Size Gauge Base Size Hardware Unit Price $ 72 2" x 2" x 10' 73 2" x 2" x 12' 74 2.5"x 2.5"x 12' 14 gauge 14 gauge 12 gauge 2.25" x 2.25" x 36" 2.25" x 2.25" x 36" 3"x3"x36" corner bolt and nut corner bolt and nut 2 appropriate shoulder bolts and nut 42.43 47.53 123.90 Bid Item Number Post Size Color and reflectivity Base Type Type Unit Price $ 75 3-3/4", 62" H 76 3-3/4", 62" H 77 48" tall 13" flat top 78 36" round White post, 3 yellow strips White post, 1 white strip green post yellow post drivable square tubing surface mount Drivable Fiberglass Delineator Drivable Fiberglass Delineator Shur -Flex Delineator Shur -Flex Delineator 23.63 20.50 52.05 43.86 Form -9 (Rev. March 2024) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Go to www.irs.gov/FormW9 for instructions and the latest information. Give form to the requester. Do not send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Centerline Name entity's of entity/individual. name Supply, on line An entry is required. (For a sole 2.) Inc. proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded 2 Business name/disregarded entity name, if different from above. eri al a 3a Check only the appropriate one of the following box for federal seven boxes. tax classification of the entity/individual whose name is entered on line 1. Check 4 Exemptions (codes apply certain entities, not individuals; see instructions on page only 3): to c Individual/sole proprietor ✓ C corporation S corporation Partnership Trust/estate O c LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) Exempt payee code (if any) 5 a O o o � Note: classification box Check the of for the tax the classification "LLC" LLC, box unless above and, in the it is a disregarded of its owner. entry space, enter the entity. A disregarded appropriate entity should code (C, S, or P) for the tax instead check the appropriate Exemption from Foreign Account Tax Compliance Act (FATCA) reporting C C 'c Other (see instructions) code (if any) a o o 3b If on and line 3a you checked you are providing "Partnership" this form to a or "Trust/estate," partnership, or checked trust, or estate "LLC" in which and entered "P" as its tax classification,o you have an ownership interest, check Applies to accounts maintained Q. this box if you have any foreign partners, owners, or beneficiaries. See instructions . . outside the United States.) a) 5 Address 530 Jesse (number, St street, and apt. or suite no.). See instructions. Requester's name and address (optional) 6 City, Grand state, and Prairie, ZIP code TX 75051 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter TIN in the appropriate box. The TIN must match the name on line 1 to avoid Social security number your provided given backup resident withholding. alien, For individuals, sole proprietor, or disregarded this is generally entity, see your the social security instructions number for Part I, (SSN). later. However, For other for a entities. it is your emplover identification number (EIN). If you do not have a number, see How to get a _., TIN, later. Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. Part II Employer identification number Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person Date January 8, 2025 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. New line 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity in which it has an ownership interest. This change is intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) .4 WR®® CERTIFICATE OF LIA .ILYTY INSURANCE DATE (MM/DD/YYYY) 4/4/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder's 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 Arthur J Gallagher Risk Management Services, LLC 1900 West Loop S, #1600 Houston TX 77027 CONTACT NAME Kala Zegadlo PHONE 713-935-2451 I FAx (A/C, No, an (A/C, No) ADDRIESS Kala Zegadlo@ajg com INSURER(S) AFFORDING COVERAGE NAIC q INSURER Liberty Insurance Corporation 42404 INSURED CENTSUP 02 Centerline Supply, Inc 530 Jesse Street Grand Praine, TX 75051 INSURER B Liberty Mutual Fire Insurance Company 23035 INSURER LM Insurance Corporation 33600 INSURER INSURER E INSURER F COVERAGES CERTIFICATE NUMBER 1105750660 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 Ta SUBR INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY EXP (MM/DD/YYYY) LIMITS ' C X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE El OCCUR X Contractual Lab Y Y TB5-Z91-473418-034 10!1/2024 10(7/2025 EACH OCCURRENCE $ 1 000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300 000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN L AGGREGATE LIMIT APPLIES PER X POLICY jECT ri LOC OTHER GENERAL AGGREGATE $ 2,000,000 PRODUCTS COMP/OP A. $ 2 000 000 $ B AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY SCHEDULED AUTOS X EEL' AUTOS ONLY Y Y AS2-Z91-473418-024 10!7/2024 10/7/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acciden0 $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS MADE Y Y TH7,91-473418-054 10!7!2024 10/7/2025 EACH OCCURRENCE $10 000 000 AGGREGATE $ 10,000 000 DED I I RETENTIONS $ g WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBEREXCLUDED� N in NH) If yes descnbe under DESCRIPTION OF OPERATIONS below Y N/A WC2-Z91-473418014 10/7/2024 10!7/2025 X I PER OTH STATUTE ER E L EACH ACCIDENT - EACH $1,000,000 E L DISEASE EA EMPLOYEE $ 1,000,000 E L DISEASE POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Named Insured Schedule Trans ine Industries, Inc , Transline Payroll, Inc , Jesse St Holdings, LP, Jesse St Management LLC, Transcor Supply, Inc , Trantex Transportation Products Of Texas, Inc , Centerline Supply, Inc Weld County Public Works, its elected officials, trustees, employees, agents, and volunteers are included as Additional Insureds as respects General Liability, Auto Liability and Umbrella Liability policies pursuant to and subject to the policy's terms, definitions, conditions and exclusions The insurance provided in the General Liability and Auto Liability policy is primary and any other insurance shall be excess only, and not contributing Waiver of Subrogation applies to See Attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County Public Works ACCORDANCE WITH THE POLICY PROVISIONS ATTN Sign Matenal Supply Kevin Hettinger PO Box 758 AUTHOR NRE PRESENTATIVE Greeley, CO 80632 —�, ------ .------- I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CENTSUP-02 LOC #: _a.......Th cf, Acoutz ‘...----- ADDITIONAL REMARKS SCHEDULE AGENCY Arthur J. Gallagher Risk Management Services, LLC POLICY NUMBER CARRIER NAIC CODE Page 1 of 1 NAMED INSURED Centerline Supply, Inc. 530 Jesse Street Grand Prairie, TX 75051 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE additional insureds as respects General Liability, Auto Liability, Umbrella Liability and Worker's Compensation policies, pursuant to and subject to the policy's terms, definitions, conditions and exclusions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number TB5-Z91-47341&034 Issued by LM Insurance Corporabon THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR MANUFACTURERS I This endorsement modes insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items. Item 1. Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Grantor of Franchise Vendors Any Person or Organization Item 2 Blanket Additional Insured —Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2, of Section II — Who Is An Insured is amended to add the following:, Additional Insured by Written Agreement The following are insureds under the policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy 1 Lessors of Leased Equipment The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and adverbsing injury" caused, in whole or m part, by your maintenance, operation or use of equipment leased to you by such person(s) or organizations) This insurance does not apply to any "occurrence" which takes place after the equipment lease expires 2 Managers or Lessors of Premises. Any manager(s) or lessor(s) of premises leased to you in which the wntten lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole arm part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors There is no coverage for the additional insured for !lability ansing out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below If the written agreement obligates you to procure addrtional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for 'liability arising out of the additronal insured's sole negligence. LC 20 6101 17 ©2016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., mth its permission Page 1 of 4 This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises or to 'ease that land; b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s) . 4. Grantor of Franchise: Any person(s) or organization(s) but only with respect to their liability as grantor of a franchise to you. 5. Vendors: Any person(s) or organization(s) that distributes or sells "your products" in the regular course of their business, hereafter referred to as vendors, but 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, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to. (a) The exceptions contained in Paragraphs (4) or (6) above; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured, person or organization, from ‘,vhom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. LC 20 61 01 17 O 2016 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 6 Any Person or Organization Other Than a Joint Venture Any person(s)' or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by your act(s) or omissions) or the act(s) or omission(s) of those acting on your behalf. a. In the performance of your ongoing operations, or b In connection with premises owned by or rented to you This insurance does not apply to: Any person(s) or organizations) more specrfically covered in Paragraphs 1 through 5 above; - b Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf, or , c Any person(s) or organization(s) whose profession, business or occupation is that of an archdect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including i (1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, ' field orders, change orders, designs and specifications, or (2) Supervisory, inspection, architectural or engineenng acbvities This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hinng, employment, training or monitonng of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and, advertising injury', involved the rendenng of or failure to render any professional; seances by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Item 1 1 Applies to the extent permitted by law, 2 Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy, 3 Does not apply to any person(s) or organization(s) for any "bodily injury', "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this policy applies to such person(s) or organization(s) with regard to the "bodily injury', "property damage" or "personal and advertising injury', 4 Applies only if the "bodily injury" or "property damage" occurs, or the offense giving nse to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5 Applies only if the written agreement is in effect at the time the "bodily injury' or "property damage" occurs, or at the time the offense giving nse to the "personal and advertising injury" is committed Item 2 Blanket Additional Insured — Grantor Of Permits Paragraph 2. of Section,ll - Who Is An Insured is amended to add the following , Any state, municipality or political subdivision that has issued you a permit in connection with:any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit Such state, municipality or political subdnnsion that has issued you a permit is an insured 'only with respect to their liability as grantor of such permit to you LC 20 61 01 17 02016 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc , with its permission Page 3 of 4 However, with respect to the state, municipality or political subdivision: 1. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this policy. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury' or "property damage" included within the "products -completed operations hazard", except when required by written agreement initiated prior to loss; or 3. "Bodily injury", "property damage" or "personal and advertising injury', unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person( s) or organization(s) that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". LC 20 61 01 17 Q 2016 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. f B The insurance afforded to any organirzabon as a Named Insured under this Item 14 does not apply if a Broad Form Named Insured endorsement attached to this policy applies to that organzation. Item 15 Waiver Of Right Of Recovery 13y Written Contract Or Agreement,, The following is added to Paragraph 8 Transfer Of Rights Of Recovery Against Others To Us of Section IV -- Commercial General Liability Conditions. We waive any nght of recovery because of payments we mare under this policy for injury or damage ansing out of your ongoing operations or "your work" included in the "products -completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury' or "property damage" occurs, or offense gmng rise to "personal and advertising injury" is committed subsequent to the execution of the wntten contract or agreement LC 32 345 01 17 ® 2016 Liberty Mutual Insurance Page 6 of 6 Includes copyrighted material of insurance Seances Office, Inc , with rts permission Policy Number TB5-Z91-473418-034 Issued by LM Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT OR DESIGNATED LOCATION COMBINED AGGREGATE LIMITS - WITH TOTAL AGGREGATE LIMIT FOR ALL PROJECTS AND LOCATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section 1- Coverage C, which can be attributed only to ongoing operations at a single designated construction project or a single designated "location": 1. A separate Designated General Aggregate Limit applies to each designated construction project and to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated General Aggregate Limit is the most we will pay for the sum of all damages under Section I - Coverage A, except damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard", and for medical expenses under Section I - Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated General Aggregate Limit for that designated construction project or designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated General Aggregate Limit for any other designated construction project or designated "location". 4. The limits shown in the Declarations for Each Occurrence, Damage to Premises Rented to You and Medical Expense continue to apply. However-, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated General Aggregate Limit and the Total Aggregate Limit for all Projects and Locations. 5. The Total Aggregate Limit for all Projects and Locations shown in the Schedule of this endorsement is the most we will pay for the sum of all damages caused by "occurrences" under Section 1-- Coverage A and all medical expenses caused by accidents under Section I — Coverage C which can be attributed only to ongoing operations at a designated construction project or designated "location" shown in the Schedule of this endorsement, regardless of the number of construction projects, "locations", "occurrences" or accidents. 6. Each Designated General Aggregate Limit is subject to the Total Aggregate Limit for all Projects and Locations shown in the Schedule of this endorsement. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project or single designated "location": LC 25 19 0115 © 2014 liberty Mutual Insurance Page 1 of 2 Includes copyrighted material of insurance Services Office, inc., with its permission, 1 Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit orithe Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated General Aggregate Limit C When coverage for liability ansing out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily Injury or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated General Aggregate Limit D If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables. the project will still be deemed to he the same construction project E. For the purposes of this endorsement, the Definrtrons Section is amended by the addition of the following definition "Location" means any premise that you occupy for permanent operations as part of your business, but does not include any premises at which you are performing operations as part of la construction project All premises Involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or nght-of-way of a railroad shall be considered a single "location'," F The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Schedule Designated Construction Project(s) or Designated Location(s): All "locations" and all construction projects at which you are performing ongoing operations. Total Aggregate Limit for all Projects and Locations: $10,000,000 LC 2519 01 15 ® 2014 Liberty Mutual Insurance Page 2 of 2 Includes copyrighted material of Insurance Sennces Office, Inc ; with its permission POLICY NUMBER: TB5-Z91-47341 8434 COMMERCIAL GENERAL LIABILITY CG 20 07 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CO 20 01 12 19 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER. AS2-Z91-473418-024 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE IZEAD IT CAREFULLY. DESIGNATED INSUREDFOR COVERED AUTOS LIABILITY OOVERAGE This endorsement modifies insurance provided under the following. AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form This endorsement does not alter coverage provided in the Coverage Form SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement,, and to no event to exceed either the scope of coverage or the limits of insurance provided in this policy. F Information required to complete this Schedule, if not shown above, will beShown in the Declarations Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extentthat person or organization qualifies as an "insured" under the Who 1s An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carner Coverage Forms and Paragraph D.2 of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. _ CA20481013 ® Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number AS2-Z91 -473418-024 Issued by Liberty Mutual Fire insurance Co. THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY, AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the =allowing: BUSINESS AUTO COVERAGE FORM I. Newly Acquired or Formed Organizations li. Employees as Insureds III. Lessor - Additional Insured and Loss Payee IV. Supplementary Payments - increased Limits V. Fellow Employee Coverage VI. Personal Property of Others VII. Additional Transportation Expense and Cost to Recover Stolen Auto VIII. Airbag Coverage IX. Tapes, Records and Discs Coverage X. Physical Damage Deductible - Single Deductible XI. Physical Damage Deductible - Glass XII. Physical Damage Deductible - Vehicle Tracking System XIII. Duties in Event of Accident, Claim, Suit or Loss XIV. Unintentional Failure to Disclose Hazards XV. Worldwide Liability Coverage - Hired and Nonowned Autos XVI. Hired Auto Physical Damage XVII. Auto Medical Payments Coverage Increased Limits XVIII. Drive Other Car Coverage - Broadened Coverage for Designated Individuals X 1X. Rental Reimbursement Coverage XX. Notice of Cancellation or Nonrenewal XXI. Loan/Lease Payoff Coverage XXII. Limited Mexico Coverage XXIII_ Waiver of Subrogation 1. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words you and your also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization; or 2. The end of the policy period, whichever is earlier; and C. The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. AC 84 07 07 13 © 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 11 Policy Number AS2 Z91-473418-024 Issued by Liberty Mutual Fire Insurance Co A. Coverage 1. Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage terntory is extended to include Mexico but only if all of the following criteria are met: a The "accidents" or "loss" occurs within 25 miles of the Untied States border, and b. Whsle on a trip into Mexico for 10 days or less 2 For coverage provided by this section of the endorsement, Paragraph B 5 Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following The insurance provided by this endorsement will be excess over any other collectible insurance. B Physical Damage Coverage is amended by the addition of the following If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be dnven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made C. Additional Exclusions The following additional exclusions are added. , This insurance does not apply 1. If the covered "auto" is not principally garaged and pnncipally used in the United States. 2. To any "insured" who is not a resident of the United States XXIII WAIVER OF SUBROGATION Paragraph A 5 in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written, contract executed prior to the date of "accident", to waive rights of recovery against such person or organization AC 84 07 07 13 ® 2013 Liberty Mutual Insurance All rights reserved Includes copyrighted material of Insurance Services Office, Inc , with its permission. Page 10 of 11 COIVI IVI ERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORD BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the other Insurance -- Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04491116 B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". Q Insurance Services Office, Inc., 2016 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the nght to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule Schedule Where required by contract or written agreement prior to'loss and allowed by law. In the state of LA, the premium charge is 2% of the total standard premium, subject to a minimum premium of $250 per policy. In the state of AZ, the premium charge is 2% of the total manual premium subject to a minimum premium of $100 per policy In the state of FL, the premium charge is 1% of the total manual premium subject to a minimum premium of $250 per policy. Issued by Liberty Mutual Fire Insurance Company16586 For attachment to Policy No WC2-Z91-473418-014 Effective Date Premium $ Issued to Transline Industnes Inc Endorsement No WC 00 0313 Ed 04/01/1984 ® 1983 National Council on Compensation Insurance I Page 1 of 1 Contract Form Entity Information Entity Name* CENTERLINE SUPPLY INC Entity I D * @00048144 " 1 New Entity? Contract Name* Contract ID 2025 SIGN MATERIAL SUPPLY - CENTERLINE SUPPLY 9283 INC Contract Status CTB REVIEW Contract Lead* '<HETTINGER Contract Lead Email khettinger@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description* 2025 SIGN MATERIAL SUPPLY BID HAD 78 ITEMS THAT WERE AWARDED ACCORDING TO THE LOWEST BIDDER OF EACH ITEM. CENTERLINE SUPPLY INC WERE AWARDED SOME OF THE ITEMS. THIS IS NOT A RENEWABLE CONTRACT. Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date CONTRACT PUBLIC WORKS Date* 04/05/2025 04'09/2025 Amount* $100,000.00 Renewable* NO Automatic Renewal Grant IGA Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney BYRON HOWELL County Attorney Email BHOWELL@WELD.GOV Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2500032 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 TOBY TAYLOR Approval Process Department Head .CURTIS HALL DH Approved Date 04/08/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 04/14/2025 Review Date* 12/15/2025 Committed Delivery Date Contact Type Contact Email Renewal Date Expiration Date* 04/01/2026 Contact Phone 1 Purchasing Approved Date 04/08/2025 Finance Approver CHERYL PATTELLI Finance Approved Date 04/08/2025 Tyler Ref # AG 041425 Originator KHETTINGER Legal Counsel BYRON HOWELL Contact Phone 2 Legal Counsel Approved Date 04/08/2025 MEMORANDUM TO: Curtis Hall, Public Works Director DATE: March 25, 2025 FROM: Kevin Hettinger Maintenance Support Supervisor SUBJECT: Bid Recommendation for #B2500032 - 2025 Sign Material Supply As advertised this bid is for sign materials consisting of 78 items. Public Works is recommending awarding to the low bidder meeting specifications for each item as shown in Attachment A. pc: Duane Naibauer, PW Deputy Director of Operations Kevin Hettinger, PW Supervisor Toby Taylor, Purchasing Manager Rose Everett, Purchasing Mona Weidenkeller, PW Budget Coordinator 3/31 20z5- TlIk gelOn3 Award Color Key Low Bidder Item Awarded To Bid Does Not Meet Spec Bid Item Number Aluminum Blank Size Blank Shape Size of Holes # of Holes 1 6 "X 24" 2 6" X 30" 3 8" X 24" 4 18" X 18 " 5 18" X 24" 6 18" X 48" 7 24" X 24" 8 24" X 30" 9 24" X 48" 10 30" X 30" 11 36" X 36" 12 48" X 30" 13 36"X 48" X48" 14 30" X 30" 15 36" X 36" 16 36" X 36" 17 36" X 36"X 36" 18 12" X 18" 19 48" X 60" 20 48" X 48" 21 48" X 48" 22 6" X 18" 23 48"x48"x48" 24 36" X 48" 25 24" X 36" 26 36" X 12" 27 30" X 12" 28 48" X 15" 29 48" X 12" 30 48"X 8" 31 24"X 24" Cnty Shield Horizontal Horizontal Horizontal Square Verticle Horizontal Square Verticle Horizontal Diamond Diamond Horizontal Triangle Octagonal Octagonal Round Triangle Verticle Horizontal Diamond Octagonal Horizontal Triangle Horizontal Horizontal Horizontal Horizontal Horizontal Horizontal Horizontal Horizontal 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 3/8" 2 2 2 2 2 4 2 2 4 2 2 4 2 2 2 2 2 2 4 2 2 2 2 2 2 2 2 2 2 2 2 Bid Item Number Blank Size and Shape MUTCD Code Color # of Holes 32 48"X48" Octagon R1-1 / STOP 33 48"X48" Diamond WSERIES / YELLOW WIIHBORDER 34 48"X48" Diamond W SERIES / ORANGE WITH BORDER Red/White Yellow/Black Orange/Black 2 2 2 Bid Item Number Roll Width Roll Length Color Type 35 36 37 38 39 40 41 42 43 44 45 46 47 4 inches 4 inches 8 inches 8 inches 8 inches 8 inches 30 inches 30 inches 30 inches 36 inches 36 inches 36 inches 36 inches 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards White Yellow O/W Left Slant 0/W Right Slant RNV Left Stant R/W Right Slant Yellow White Florescent Green White Yellow Florescent Green Orange Temp Pavement Marking Temp Pavement Marking Barricade Sheeting HIP Barricade Sheeting HIP Barricade Sheeting HIP Barricade Sheeting HIP Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Reflective Sheeting 4000 series Vendor Name Centerline US Standard Osburn Supply Inc Sign Associates Inc Notes 4.24 5.3 5.65 9.54 12.71 25.43 16.95 21.19 33.9 26.49 38.14 42.38 32.78 26.49 38.14 38.14 19.08 6.36 84.75 67.8 67.8 3.18 33.9 50.85 25.43 12.71 10.6 21.19 16.95 11.3 16.95 2.58 3.64 4.92 6.65 8.88 15.08 11.4 19.01 25.48 25.48 28.17 24.57 17.66 21.09 27.35 24.63 14.15 4.62 44.7 41.12 37 2.1 22.88 35.54 15.41 8.38 6.98 12.86 10.28 6.56 227.16 No Bid 230.74 No Bid 230.74 No Bid 90 90 201.25 201.25 201.25 201.25 1359.38 1359.38 1359.39 1631.25 1631.25 1631.25 2223.98 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid 14.35 3.01 3.76 4.02 6.77 9.03 18.06 12.04 15.05 24.08 18.81 27.09 36.12 48.16 18.06 25.89 27.75 13.55 4.52 60.2 48.16 46.75 2.26 24.08 36.12 18.06 9.03 7.53 15.05 12.04 8.03 No Bid No Bid 13.75 110.5 113.6 113.6 1092 1092 1092 1092 858.75 Osburn's submitted bid did not meet specifications due to the material not being 3M brand 858.75 Osburn's submitted bid did not meet specifications due to the material not being 3M brand 858.75 Osburn's submitted bid did not meet specifications due to the material not being 3M brand 1030.5 Osburn's submitted bid did not meet specifications due to the material not being 3M brand 1030.5 Osburn's submitted bid did not meet specifications due to the material not being 3M brand 1030.5 Osburn's submitted bid did not meet specifications due to the material not being 3M brand 1030.5 Osburn's submitted bid did not meet specifications due to the material not being 3M brand 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 48 inches 30 inches 36 inches 48 inches 30 inches 30 inches 30 inches 30 inches 4 inches 8 inches 12 inches 15 inches 24 inches 30 inches 36 inches 48 inches 30 inches 36 inches 48 inches 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards 50 yards 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet 50 yards 50 yards 50 yards White White White White Black White Cardinal Red Intense Blue Reflective Sheeting 4000 series Reflective Sheeting Eng Grade 3M Reflective Sheeting Eng Grade 3M Reflective Sheeting Eng Grade 3M High Performance Film High Performance Film High Performance Film High Performance Film Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Transfer Tape (Pre -Masking) Protective Overlay Sheeting 3M 1170i Protective Overlay Sheeting 3M 1170i Protective Overlay Sheeting 3M 1170i Bid Item Number Description Additions Size Color 67 68 69 70 70 70 71 Bid Item Number 72 73 74 Traffic Cones Traffic Cones Traffic Drums Traffic Drums Chip Seal Markers Type I Verticle Panel Type III Barricade Panel Post Size 2"x 2"x10' 2" x 2" x 12' 2.5"x2.5"x12' none Weld County name or logo none Weld County name or logo 1" thick Gauge 14 gauge 14 gauge 12 gauge 28" tall 28" tall 40" tall 40" tall 4 inch 36" tall x 8" wide 10' long x 8 wide Base Size 2.25" x 2.25" x 36" 2.25" x 2.25" x 36" 3"x 3"x 36" Orange and White Orange and White Orange and White Orange and White Yellow Reflective Orange White Hardware corner bolt and nut corner bolt and nut 2 appropriate shoulder bolts and nut Bid Item Number Post Size Color and reflectivity Base Type Type 75 3-3/4", 62" H 76 3-3/4", 62" H 77 48" tall 13" flat top 78 36" round White post, 3 yellow strips White post, 1 white strip green post yellow post drivable square tubing surface mount Drivable Fiberglass Delineator Drivable Fiberglass Delineator Shur -Flex Delineator Shur -Flex Delineator 2175 412.5 495 660 422.19 422.19 459.38 459.38 24.38 31.88 45 67.5 90 112.5 135 180 462.5 405 540 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid 21.44 No Bid 22.06 No Bid 62.13 No Bid 64.63 No Bid 0.5 No Bid 52.23 No Bid 16.28 No Bid 42.43 No Bid 47.53 No Bid 123.9 No Bid 23.63 No Bid 20.5 No Bid 52.05 No Bid 43.86 No Bid 1374 401.25 481.5 642 386.25 386.25 401.25 401.25 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid 341.25 409.5 546 No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid No Bid Osburn's submitted bid did not meet specifications due to the material not being 3M brand Osburn's submitted bid did not meet specifications due to the material not being 3M brand Osburn's submitted bid did not meet specifications due to the material not being 3M brand Osburn's submitted bid did not meet specifications due to the material not being 3M brand Osburn's submitted bid did not meet specifications due to the material not being 3M brand Osburn's submitted bid did not meet specifications due to the material not being 3M brand Osburn's submitted bid did not meet specifications due to the material not being 3M brand DATE OF BID: MARCH 13, 2025 REQUEST FOR: 2025 SIGN MATERIAL DEPARTMENT: PUBLIC WORKS BID NO: #82500032 PRESENT DATE: MARCH 17, 2025 APPROVAL DATE: MARCH 31, 2025 WELD COUNTY PURCHASING 1301 N. 17TH Avenue, Greeley, CO 80631 E-mail: reverettaNeldgov.com E-mail: cgeisertameldgov.com E-mail: ttaylor(a�weldgov.com Phone: (970) 400-4222,4223 or 4454 VENDORS CENTERLINE SUPPLY INC 530 JESSE STREET GRAND PRAIRIE TX 75051 J & A TRAFFIC PRODUCTS — non- responsive 627 NW VALLEY RIDGE CIR GRAIN VALLEY MO 64029 LIGHTLE ENTERPRISES OF OHIO LLC — non- responsive PO BOX 329 FRANKFORT OH 45628 VULCAN INC: DBA VULCAN SIGNS — non- responsive PO BOX 1850 FOLEY, AL 36536 US STANDARD SIGN 11400 ADDISON AVE FRANKLIN PARK IL 60131 OSBURN ASSOCIATES INC PO BOX 912 LOGAN OH 43138 SAFETY & CONSTRUCTION SUPPLY — non -responsive 6270 E 50TH AVENUE COMMERCE CITY CO 80022 THERE ARE 78 ITEMS ON THIS BID AND THE AWARD WILL BE BASED ON LOW BID FOR EACH ITEM. THE PUBLIC WORKS DEPARTMENT IS REVIEWING THE BIDS. 2025-0721 3/11 EC-Iu0s3 Hello