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Home My WebLink About20251153.tiffCUrliVa e\-11:4 R5SS AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND AB UNDERGROUND, LLC FOR WCR 41 AND SH 52 INTERSECTION IMPROVEMENTS PROJECT THIS AGREEMENT is made and entered into this It"day of t1L!?, 2025, by and between the Board of Weld County Commissioners, on behalf of the Department of Public Works, hereinafter referred to as "County," and AB Underground, LLC, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. 82500045. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those d scribed in this Agreement. Contractor shall further be responsible for the Con eni-11 cc ; sk fit,)) ZU25 — l X53 timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may i terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $3,990,463.68, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1- 101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. The insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Subcontractors Contractors' certificate(s) shall include all subcontractors as additional insureds under its policies or subcontractors shall maintain separate insurance as determined by the Contractor, however, subcontractor's limits of liability shall not be less than $1,000,000 per occurrence / $2,000,000 aggregate. Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Proof of Insurance Contractor shall provide to County a Certificate of Insurance (COI). The County, in its discretion, may accept other forms of proof of insurance. The Certificate of Insurance shall name "Weld County, Colorado, its elected officials, its subsidiary, associated and/or affiliated entities, successors, or assigns, employees, agents, and volunteers to be named as an additional named insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations". In the County's sole discretion, the County may ask to examine a policy, an endorsement, or other proof of insurance if there is a question on coverage. Such examination is deemed confidential, and the document is not kept in the record, but simply examined to confirm coverage is present. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance. 1) Workers' Compensation and Employer's Liability Insurance covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers' Liability) $ 100,000 $ 100,000 $ 500,000 2) Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, departments, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations." Such policy shall include minimum limits as follows: Each Occurrence $ 2,000,000 General Aggregate $ 4,000,000 Products/Completed Operations Aggregate $ 4,000,000 Personal Advertising Injury $ 2,000,000 Fire Damage (Any One Fire) $ 100,000 Medical Payments (Any One Person) $ 10,000 Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. 3) Automobile Liability: Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Bodily injury and property damage for any owned, hired, and non -owned vehicles used in the performance of this contract. 4) Professional Liability: Contractor shall maintain Professional Liability Insurance covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract. The policy/coverages shall be amended to include the following: a. Coverage shall apply for three (3) years after project is complete. b. Policy is to be on a primary basis, if other professional coverage is carried. Per Loss Aggregate $ 2,000,000 $ 4,000,000 5) Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. 6) Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained, or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 1,000,000 7) Builders' Risk Insurance or Installation Floater— Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. a. The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. b. Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County's has insurable interest in the property to be covered, whichever is later. c. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. d. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false - work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. e. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. f. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). g. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. Additional Insurance Related Requirements No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract or decrease or limit any liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, associated and/or affiliated entities, successors, or assigns; its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a copy of the actual insurance policy and/or required endorsements effecting coverage(s) required by the Contract for examination for evidence of required coverages. Copies are not kept as a record, are deemed confidential, and are not subject to disclosure under Colorado's Open Records Act (CORA). All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 14. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 15. Indemnity. The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend County, its officers, agents, employees, associated and/or affiliated entities, successors, or assigns its elected officials, trustees, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court decree. It is the specific intention of the parties that the County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that the Contractor will be responsible for primary loss investigation, defense, and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 16. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 17. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 18. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 19. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other conceming the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Alyson Buum Position: Project Manager Address: 21269 County Road 47 Address: LaSalle, CO 80645 E-mail: ayson@abunderground.com Phone: 303-720-4667 County: Name: Erich Green, P.E. Position: Engineer III Address: PO Box 758 Address: Greeley, CO 80632 E-mail: egreen@weld.gov Phone: 970-400-3742 20. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 21. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 22. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 23. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 24. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 25. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 26. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 27. Non -Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as from time to time amended or otherwise available to the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns; or its elected officials, employees, agents, and volunteers. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act as applicable now or hereafter amended. 28. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 29. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 30.Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 31. No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall otherwise comply with all other requirements of federal or state law, including employment verification requirements contained within state or federal grants or awards funding public contracts. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 32. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law in accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c).] 33.Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 34. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 35. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: AB Underground LLC By: -�-r12 C y v Li Name: Alyson Buum Title: President WELD COUNTY: 05/29/2025 Date of Signature ATTEST: W,,A) Jeito ,,A, BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board " ��.,.� PFy L. Buck, Chair JUN 1 12025 Z 025- l 153 Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 Public Works Construction — Request for Proposal (RFP) Solicitation Number: Title: Issue Date: Pre -Proposal Meeting: (Mandatory) Pre -Proposal Location: B2500045 WCR 41 and SH 52 Intersection Improvements Project (CDOT #25008) April 2, 2025 April 16, 2025, at 10:00 a.m. 1111 H Street, Greeley, CO 80632, Engineering North Conference Room Questions Due: April 21, 2025, by 7:00 a.m. Questions email: eqreen a@weld.gov with copy to bids(a�weld.gov Proposal Due Date: April 28, 2025, by 10:00 a.m., Purchasing's Clock Proposal Delivery: Preferred email to bids(a�weld.00v or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids(c�weld.gov Documents Included in this Solicitation Package RFP Schedules Schedule A: Solicitation Instructions Schedule B: Scope of Work Schedule C: Procurement Schedule Schedule D: RFP Response - Criteria Schedule E: Proposal Form Schedule F: Insurance & Bonds Schedule G: Weld County Contract Schedule H: Forms Due with Proposal Schedule I: Public Works Contract Forms RFP Attachments Attachment 1 — Contract Administration Forms Attachment 2 — Weld County Project Special Provisions Attachment 3 — Applicable CDOT Standard Special Provisions Attachment 4 — Construction Plan Set Solicitation # 82500045 Page 1 Table of Contents Public Works Construction — Request for Proposal (RFP) 1 Documents Included in this Solicitation Package 1 RFP Schedules 1 Table of Contents 2 Schedule A - Solicitation Instructions 4 Purpose/Background 4 Proposal Advertisement 4 Proposal Submission 4 Introductory Information 5 Cooperative Purchasing 5 Schedule B - Scope of Work 7 Project Overview 7 Method of Procurement 7 Delivery Method 7 Pricing Method 7 Specific Requirements and Responsibilities 7 Schedule C - Procurement Schedule 9 Schedule D — RFP Response Criteria 10 RFP Response Submittal 10 Response Format 12 Best Value Selection Process Summary Description 12 Technical Score 12 Schedule Score 13 Cost Score 13 Interview Score (optional) 13 Scoring Criteria 13 Schedule E - Proposal Response Form 17 Proposal Submittal Instructions 17 System for Award Management (SAM) Database 17 Fees - Proposal Schedule 17 Proposal Schedule 18 Fees — Cost Adjustments 23 Fuel Cost Adjustment 23 Solicitation # B2500045 Page 2 Asphalt Cost Adjustment 23 Attestation 23 Schedule F — Insurance and Bonds 25 Insurance 25 Bonds 29 Insurance Mailing Information 29 Schedule G - Weld County Contract 30 Contractual Obligations 30 Weld County Standard Contract 30 Schedule H —Forms Due with Proposal 46 Bid Bond 47 IRS Form W-9 48 Title 49, CFR, Part 29 Debarment and Suspension Certification 49 Certification of Compliance with Equal Opportunity Clause Requirements 50 Statement of Qualifications and Subcontractors 51 Contractor's Performance Capability Statement (CDOT Form #605) 56 Anti -Collusion Affidavit (CDOT Form #606) 57 Assignment of Antitrust Claims (CDOT Form #621) 58 Bidders List (CDOT Form #1413) 59 Anticipated DBE Participation Plan (CDOT Form #1414) 60 Commitment Confirmation (CDOT Form #1415) 61 Good Faith Effort Report (CDOT Form #1416) 63 Schedule I — Public Works Contract Forms 65 Notice of Award 66 Performance Bond 67 Labor & Materials Payment Bond 69 Solicitation # B2500045 Page 3 Schedule A - Solicitation 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: WCR 41 and SH 52 Intersection Improvements Project A Mandatory Pre -Proposal conference will be held on April 10, 2025, at 10:00 a.m. at the Weld County Public Works building located at 1111 H Street, Engineering North Conference Room, Greeley, CO 80631. Proposers must participate and record their presence at the pre -proposal conference to be eligible to submit Proposals. Proposals will be received until: April 28, 2025, at 10:00 a.m. (Weld County Purchasing Time Clock). The submitted Proposals will be read over a Microsoft Teams Conference Call on April 28, 2025, at 10:30 a.m. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the Proposal opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Microsoft Teams By Phone Join the meeting now Meeting ID: 214 826 576 306 Passcode: nx3ja6GE +1 720-439-5261„88408086# United States, Denver Phone conference ID: 884 080 86# Proposal 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 Proposals, quotes, proposals, addendums, and awards on this one centralized system. Proposal Submission 1. PREFERRED: email Proposals to bidsaweld.gov If your Proposal exceeds 25MB please upload your Proposal 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 Proposals 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 Proposal due date and time. 2. PDF format is required. Emailed Proposals must include the following statement on the email: "I hereby waive my right to a sealed Proposal". An email confirmation will be sent when your Proposal has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Solicitation # B2500045 Page 4 Introductory Information 1. Proposals shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each Proposal must give the full business address of Proposer 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. Proposals by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A Proposal 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 Proposal 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 Proposer. All corrections or erasures shall be initialed by the person signing the Proposal. All Proposers shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this solicitation as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the solicitation forms shall be suitably filled in. Proposers are required to use the solicitation forms which are included in this package and on the basis indicated in the Solicitation Forms. The submitted proposal must be filled out completely, in detail, and signed by the Proposer. 2. Late or unsigned Proposals shall not be accepted or considered. It is the responsibility of the Proposer to ensure that the proposal arrives in the Weld County Purchasing Division on or prior to the time indicated in Schedule A. Hard copy Proposals received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Purchasing Division for the premature opening of a Proposal not properly addressed and identified. Proposals may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing Proposer prior to the time fixed for award. Negligence on the part of a proposer in preparing the Proposal confers no right for the withdrawal of the Proposal after it has been awarded. Proposrs are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the Proposer's risk. 3. Weld County reserves the right to reject any and all bids (proposals), to waive any informality in the bids (proposals), to award the bid (proposal) to multiple vendors, and to accept the bid (proposal) that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) (proposal) may be awarded to more than one vendor. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of seeking solicitations and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative Solicitation # B2500045 Page 5 impact on Weld County in the current term or in any future terms. Solicitation # B2500045 Page 6 Schedule B - Scope of Work Project Overview Weld County is seeking Proposals for a vendor to provide construction services for improvements to the WCR 41 and SH 52 intersection. Method of Procurement Best Value: Best Value refers to a project procurement method where price and other key factors, such as quality and expertise, are considered in the evaluation and selection process. Best Value is typically achieved through a two-step process using a Request for Qualifications (RFQ) and Request for Proposal (RFP) to evaluate proposers. Delivery Method Design -Bid -Build (DBB): Design -Bid -Build (DBB) is the traditional project delivery method in which County either designs or retains a designer to furnish complete design services. Then solicits bids or proposals (advertises) and awards a separate construction contract based on the designer's completed construction documents. In DBB, the agency "owns" the details/risks of design during construction and as a result, is responsible for the cost of any errors or omissions encountered in construction. Pricing Method 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 The scope of this project is for a heavy civil contractor who is experienced in asphalt removal, installation of storm culverts, earthwork, hot mix asphalt paving, roadway signage & striping, installation of guardrail, and temporary/permanent erosion control. The work generally consists of but is not limited to the following: 1. Providing a field office and sanitary facilities in accordance with the project specifications. 2. Providing a field soils laboratory in accordance with the project specifications. 3. Work site traffic control. 4. Laying out and staking of project limits. 5. Coordination with third party utility companies and their contractors. 6. Erosion and sediment control installations, management, inspections, and maintenance. 7. Clearing and grubbing of the project site. 8. Stripping and stockpiling of topsoil. Solicitation # 82500045 Page 7 9. Removal of full depth of existing asphalt mat along WCR 41 by saw cutting, chunking, and planing. 10. Process Control (PC) testing in accordance with project specifications. 11. Installation of storm culverts, manhole, toe walls, and riprap. 12. Earthwork to build road subgrade and roadside grading. 13. Installation of geogrid. 14. Placement of Aggregate Base Course (Class 6). 15. Placement of Aggregate Base Course (RAP) for relocated Sakata access road. 16. Placement of Hot Mix Asphalt (HMA). 17. Placement of Aggregate Base Course (Shoulder Material). 18. Locating, preserving, and referencing a Public Land Survey System (PLSS) monument within the intersection with the assistance of a Colorado licensed Public Land Surveyor (PLS). Adjustment or replacement of the associated monument box with the assistance of a Colorado licensed PLS to accommodate removal of asphalt mat and the final Hot Mix Asphalt (HMA) pavement surface. 19. 4 -inch HMA mill and overlay of SH 52. Apply temporary waterborne pavement marking paint immediately following milling; apply permanent modified epoxy pavement marking paint immediately following overlay. 20. Placement/fine grading of Aggregate Base Course (Class 6) at accesses beyond HMA limits. 21. Application of permanent striping utilizing modified epoxy pavement marking paint and preformed thermoplastic pavement markings. 22. Installation of permanent signage. 23. Installation of guardrail. 24. Subgrade preparation for topsoil, amendment and distribution of topsoil, installation of soil retention blanket, seeding, and mulching for final site stabilization. Restoration of farmed field areas. 25. Setting of survey boundary monuments (Type 1). Solicitation # B2500045 Page 8 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date April 2, 2025 Pre -Proposal Meeting (Mandatory) April 16, 2025, at 10:00 a.m. at 1111 H Street, Greeley, CO 80631, Engineering North Conference Room Technical Questions Due Technical Questions email Questions Answered via Addendum (Final Addendum) Proposals Are Due Interviews (Optional) Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) Notice to Proceed (Anticipated) April 21, 2025 by 7:00 a.m. eoreen(a weld.00v with copy to bids(a�weld.gov April 22, 2025 April 28, 2025, by 10:00 a.m. Purchasing's Clock May 20, 2025 June 2, 2025 June 18, 2025 June 19, 2025 Solicitation # 82500045 Page 9 Schedule D — RFP Response Criteria RFP Response Submittal Weld County is seeking the Contractor who represents the best value for the County. To aid in the determination, the Contractor shall submit a proposal containing the items described below. The RFQ/RFP Response should be arranged in order of the evaluation criteria shown in the RFP Review Scoring Table below. 1. Statements showing the proposer clearly understands the scope of the project and its objectives. 2. Describe how the proposed methodology will meet the desired goals of the project. 3. Include a brief description of similar or related projects completed within the last 5 years. 4. Emphasize projects that have included aspects related to this RFQ/RFP. 5. The RFQ/RFP response shall include a description of critical issues that the Contractor considers to be of importance for the project and how those issues will be solved. 6. A description of how the project costs will be controlled for both the prime contractor and their sub -contractors. 7. Describe how the Contractor will ensure that all Federal, State, and Local procedures will be followed. 8. Describe how the Contractor will handle the quality control for the entire project. 9. Describe any judgements, claims, or suits pending or outstanding against Contractor's company. 10. Describe any citations by OSHA for violations within the last 5 years. 11. Describe any projects where the Contractor has been assessed liquidated damages within the last 5 years. 12. Describe any changes in company ownership in the last 5 years. 13.A description of the Contractor's main office location and explain how it will not affect the project coordination with the County. Solicitation # B2500045 Page 10 14. Explain how the Contractor is familiar with Weld County and CDOT project specifications and policies. 15. Include a list of the number of employees and the annual operating budget. 16. Explain the Contractor's knowledge about Weld County in general. 17. Include a list of Contractor's facilities and major equipment leased or owned (excavators with bucket sizes, blades, dozers, scrapers, tractor trailers, etc.) 18.A detailed phasing plan. The County has provided a general phasing plan in the Commencement and Completion Project Special Provision. It is expected that the Contractor will use the general phasing plan to develop the detailed phasing plan. 19.A preliminary construction schedule showing major construction items associated with this project, and how the Contractor would complete the project within the contract time following the phasing plan. Note, if the Contractor's schedule shows completion before the completion date listed in the RFQ/RFP Response, the completion date will be updated to match the completion date provided in the Contractor's Response. 20. References from at least three other projects with similar requirements that have involved the staff proposed to work on this project. The County may choose to visit one or more of the listed projects and/or request a copy of the plans and documentation completed. 21. For the Contractor's staff proposed to handle CDOT / federal aid paperwork requirements on this project, specifically describe their experience with these requirements and their familiarity with CDOT Region 4 staff. Solicitation # B2500045 Page 11 Response Format The following defines the response format: 1. Limit the total length of RFP Response to a maximum of 20 pages. a. The County will reject RFP responses received that are longer than 20 pages in length. b. The front and back cover will not count as pages. c. Section dividers also do not count as pages unless they have photos or text on them, then they will be included in the pages count. d. The proposal document forms included in this request which are mandatory to submit with your Proposal will not be included in the page count for your proposal. 2. RFP Responses shall be mainly made up of 8'/2" x 11" paper. a. 11" x 17" paper can only be used for presenting construction schedules, or example plan sheets. b. Text sizes shall be 11 point or larger. 3. In addition to the Proposal submission instructions and deadline identified, Proposer shall submit 5 hard copies to the Purchasing Division located at 1301 North 17th Avenue on April 28, 2025 by 4:00 p.m. These hard copies will be used by the selection committee. Proposers shall ensure the hard copies of the proposals are exactly how the proposers want them to be presented. 4. Failure to follow these instructions may result in the RFP Response being rejected. Best Value Selection Process Summary Description The following simple equation is utilized to determine the selection process scoring of the contractors which submit proposals. BV=TS+SS+CS+IS BV = Best Value Total Score (150 points maximum) TS = Technical Score (50 points maximum) SS = Schedule Score (20 points maximum) CS = Cost Score (30 points maximum) IS = Interview Score (50 points maximum) (this criterion is optional to the County) Technical Score Based upon 4 separate evaluation criteria, each with their own weighting factors. Evaluation criteria are as follows: • Scope of proposal and team. • Critical issues and similar projects. • Project control and approach. • Work location/familiarity. Solicitation # B2500045 Page 12 Schedule Score County discloses to Proposers the maximum allowable contract time acceptable, for example 150 calendar days. The earliest responsible proposed schedule scores 20 points. Other proposed schedules score based upon a ratio to the earliest. This Schedule Score is calculated by the Project Manager and provided to the selection committee members after the Technical Scores have been determined. The schedule of the successful Proposer shall form the basis for establishing the contract time, and liquidated damages would be applied after this contract time has expired. Cost Score The lowest responsible cost proposal scores 30 points. Other proposed costs score based upon a ratio to the lowest cost. The County will request Proposers to submit their cost proposal separately from their main proposal document. The Project Manager will not share the cost proposals with the other selection committee members until after the technical and schedule scores have been prior determined. Interview Score (optional) If the County decides to incorporate this criterion into the selection process, they will select the three Proposers with the highest scores to participate. In such case, these short-listed Proposers interview scores shall be added into the equation which determines the Best Value Total Score (BV). Scoring Criteria The RFP Responses will be evaluated using the criteria listed in each Table. 1 through 3. NOTE: Each RFP Response will be individually evaluated by a team of reviewers. Each reviewer will score using a rating scale from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. After the individual reviewers have scored each area, the individual reviewer scores will be totaled. The two to three highest scored RFP Responses will be invited to participate in interviews (if required) to help the reviewers determine the final overall score and which represents the best value to the County. If interviews are determined to be necessary for the selection process, Contractors will be evaluated on the criteria shown below in Table 4. After all scores have been determined from the RFP Response and the interview (if required), each score will be totaled for each RFP. The highest score will be considered the top ranked proposal and best value for the County. NOTE: The highest score proposal may not be the lowest proposed cost. Solicitation # 62500045 Page 13 Table 1 - Technical Scoring Form Evaluation Criteria Evaluation Standard Scoring Weighting Factor Score % Range Scope of Proposal and Team • The proposal clearly shows an understanding of the project objectives. • The proposed methodology meets the desired goals of the County. • Qualifications and relevant experience of key team members (including subcontractors). • Evidence that the team has worked together successfully on past similar projects. 1 to 5 3.0 3.0 — 15.0 Critical Issues and Similar Projects • The proposal demonstrates that the Contractor clearly understands the major issues associated with the project. • The proposal offers realistic solutions to the critical issues. • Contractor has demonstrated its ability to produce successful projects, meet project schedules, and meet project budgets. • The team has successfully completed projects for Weld County in the past. 1 to 5 3.0 3.0 — 15.0 Project Control and Approach • The Contractor has described how they will control construction costs. . The proposal describes clearly how their major subcontractor's costs will be controlled. • The Contractor has demonstrated their ability to ensure that State and Federal regulations and specifications are met. • The Contractor has demonstrated a quality control (QA/QC) process in place to manage the quality of the materials and final product. • The proposal describes how impacts to the travelling public and impacts to access for residences and businesses (including agricultural operations) will be minimized and balanced with construction project safety and efficiency. • The approach is described in a logical manner. 1 to 5 3.0 3.0 — 15.0 Work Location/ Familiarity • The Contractor's office location does not adversely affect coordination with the County. • The Contractor is familiar with Weld County policies and construction criteria. • The Contractor demonstrated knowledge of Weld County in general. 1 to 5 1.0 1.0 — 5.0 Solicitation # B2500045 Page 14 Proposal 10.0 to Technical 50.0 Review Score Table 2 - Schedule Scoring Form Evaluation Criteria Evaluation Standard Scoring Weighting Factor Score % Range Schedule and Contract Time • The Contractor's schedule contains sufficient detail to ensure project schedule goals are met. • Weld County will supply the initial project schedule goals, and Contractors will be encouraged to meet or exceed those goals. • The schedule and resultant Contract Time proposed by the successful Proposer will become the basis for the official Contract Time allowed. 1 to 20 N/A 1.0 — 20.0 Proposal Schedule Review Score 1.0 to 20.0 Table 3 - Cost Scoring Form Evaluation Criteria Evaluation Standard Scoring Weighting Factor Score % Range Cost • The costs were presented in a way that is reasonable and consistent with the project goals. • The Contractor's cost proposal will remain sealed until after their Technical Score and Schedule Score have been first established. • The lowest responsible Proposal cost will receive 30 points, and all other Contractor's Proposal costs will be scored based upon their ratio to the lowest cost. 1 to 30 N/A 1.0 — 30.0 Proposal Cost Review Score 1.0 to 30.0 Solicitation # B2500045 Page 15 Table 4 - Interview Scoring Form Evaluation Criteria Evaluation Standard Scoring Weighting Factor Score % Range Work Approach • Contractor proposed and clearly described their approach for completing the project. • The Contractor offered innovative ideas for the project. 1 to 5 2 2.0 — 10.0 Project Manager Qualifications • The Contractor's project manager has adequate qualifications and a proven track record to complete projects of this scope. • The Contractor's proposed project manager demonstrates effective communication skills. 1 to 5 2 2.0 — 10.0 Quality of Presentation • The Contractor's presentation was clear and easy to understand. • The people being interviewed displayed effective communication skills. 1 to 5 2 2.0 — 10.0 Question/Answer Session • The Contractor provided good answers to the questions asked by the selection committee. • The answers provided by the Contractor demonstrated a clear understanding of the project and the project goals. 1 to 5 4 4.0 — 20.0 Proposal Interview Score 10.0 to 50.0 Solicitation # 62500045 Page 16 Schedule E - Proposal Response Form Proposal Submittal Instructions The following items must be completed and submitted with your Proposal on or before the opening deadline of 10:00 a.m. on April 28, 2025: 1) Vendor's Proposal — Outlined in Schedule D 2) Schedule E: Proposal Response Form 3) Schedule H: Forms Due with Proposal 4) Any issued Addenda must be completed/acknowledged. 5) 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 Proposal may result in your Proposal being incomplete, non -responsive, and your Proposal being rejected. If there are any exclusions or contingencies submitted with your Proposal, it may be disqualified. System for Award Management (SAM) Database Proposers must be registered in the System for Award Management (SAM) database. In space below, provide the company's Dun & Bradstreet (DUNS) number. Weld County will use the SAM database to verify the company's registration and status. DUNS/UEI #: Fees - Proposal Schedule Provide fees for this project in the Proposal Schedule spaces below: NOTE: The following are items of work to be completed by Weld County: 1. Materials Quality Acceptance (QA) and Independent Assurance (IA) Testing. 2. Construction Inspection. Solicitation # B2500045 Page 17 Proposal Schedule Item No. Item Description Unit Proposal Quantity Unit Price ($) Total Price ($) 201-00000 Clearing and Grubbing LS 1 202-00010 Removal of Tree (Contingency) EACH 3 202-00035 Removal of Pipe LF 432 202-00036 Removal of Pipe (Abandoned Gas) LF 1,725 202-00220 Removal of Asphalt Mat (Chunking)(Full Depth)(WCR 41) SY 737 202-00240 41) Removal of Asphalt Mat (Planing)(Full Depth)(WCR SY 8,360 202-00242 52) oval of Asphalt Mat (Planing)(4-Inch Mill)(SH SY 2,939 202-00250 Removal of Pavement Marking SF 1,151 202-00810 Removal of Ground Sign EACH 3 202-01000 Removal of Fence LF 106 203-00000 Unclassified Excavation (Contingency) CY 1,230 203-00010 Unclassified Excavation (Complete In Place) CY 3,691 203-00050 Unsuitable Material (Contingency) CY 1,657 203-00060 Embankment Material (Complete in Place) CY 3,314 203-00500 Rock Fill (57-67)(Contingency) CY 500 203-00510 Rock Fill (3 -Inch Minus)(Contingency) CY 500 203-01100 Proof Rolling HOUR 40 203-01500 Blading HOUR 80 203-01594 Combination Loader HOUR 40 Solicitation # B2500045 Page 18 203-01597 Utility Potholing HOUR 50 203-02330 Laborer HOUR 60 206-00065 Structure Backfill (Flow -Fill) CY 66 206-00067 Structure Backfill (Flash -Fill) CY 9 207-00700 Topsoil (Onsite) CY 3,924 207-00704 Subgrade Soil Preparation SY 21,759 208-00002 Erosion Log Type 1 (12 Inch) LF 2,468 208-00020 Silt Fence LF 5051 208-00035 Aggregate Bag LF 168 208-00046 Pre -fabricated Concrete Washout Structure (Type 1) EACH 1 208-00075 Pre -fabricated Vehicle Tracking Pad EACH 2 208-00103 Removal and Disposal of Sediment (Labor) HOUR 40 208-00105 Removal and Disposal of Sediment (Equipment) HOUR 40 208-00106 Sweeping (Sediment Removal) HOUR 80 208-00207 Erosion Control Management DAY 90 210-00010 Reset Mailbox Structure EACH 3 212-00702 Biotic Soil Amendments (Hydraulically Applied)(4,5001b/acre) LB 12,275 212-00706 Seeding (Native) Drill ACRE 3.90 212-00708 Seeding (Native) Broadcast ACRE 0.50 213-00004 Mulching (Weed Free Straw) ACRE 4.4 216-00201 Soil Retention Blanket (Straw -Coconut) (Biodegradable Class 1) SY 404 304-06000 Aggregate Base Course (Class 6) TON 6,894 304-08000 Aggregate Base Course (Shoulder Material) TON 590 Solicitation # B2500045 Page 19 304-09100 Aggregate Base Course (RAP) TON 687 403-33841 41) Mix Asphalt (Grading S)(100)(PG 64-22)(WCR TON 5,346 403-33842 Hot Mix Asphalt (Grading S)(100)(PG 64-22)(SH 52) TON 350.5 403-34851 41) Mix Asphalt (Grading SX)(100)(PG 64-28)(WCR TON 2,162.4 403-34852 5Hot 2) Mix Asphalt (Grading SX)(100)(PG 64-28)(SH TON 350.5 420-00300 Geotextile (Reinforcement) SY 21,072 506-00209 Riprap (9 Inch) CY 34 601-03000 Concrete Class D CY 5 602-00020 Reinforcing Steel (Epoxy Coated) LB 393 603-02180 23x14 Inch Reinforced Concrete Pipe Elliptical LF 116 603-02300 38x24 Inch Reinforced Concrete Pipe Elliptical LF 286 603-05118 23x14 Inch Reinforced Concrete End Section Elliptical EACH 4 603-05130 38x24 Inch Reinforced Concrete End Section Elliptical EACH 4 603-10150 15 Inch Corrugated Steel Pipe (Aluminized) LF 45 603-10180 18 Inch Corrugated Steel Pipe (Aluminized) LF 107 603-30015 15 Inch Steel End Section EACH 2 603-30018 18 Inch Steel End Section EACH 4 604-39001 Manhole Special (6 -ft Diameter)(Flat Top)(5-ft Deep) EACH 1 606-00302 Guardrail Type 3 (31 Inch Midwest Guardrail System) LF 65 606-00306 Guardrail Type 3 Terminal Section (Flared) EACH 1 606-01385 Transition Type 3J EACH 1 Solicitation # B2500045 Page 20 606-02008 End Anchorage (Nonflared)(MSKT Terminal) EACH 1 607-11525 Fence (Plastic)(Contingency) LF 250 607-11530 Fence (Special)(Smooth Wire)(Contingency) LF 96 612-00041 Delineator (Flexible)(Type I) EACH 4 612-00042 Delineator (Flexible)(Type II) EACH 10 612-00043 Delineator (Flexible)(Type III) EACH 4 614-00011 Sign Panel (Class I) SF 54 614-00012 Sign Panel (Class II) SF 24 614-00015 Flashing Stop Sign (36 Inch) EACH 2 614-00216 Steel Sign Post (2x2 Inch Tubing) LF 210 619-75000 Cast Iron Valve Box (12 Inch Valve)(Contingency) EACH 3 620-00002 Field Office (Class 2)(Contractor Provided) EACH 1 620-00012 Field Laboratory (Class 2)(Contractor Provided) EACH 1 620-00020 Sanitary Facility EACH 2 625-00000 Construction Surveying L S 1 626-00000 Mobilization L S 1 627-00008 Modified Epoxy Pavement Marking GAL 154 627-00011 Pavement Marking Paint (Waterborne) GAL 65 627-00070 Preformed Thermoplastic Pavement Marking SF 83 627-30405 Preformed Thermoplastic Pavement Marking (Word- Symbol) SF 47 629-01001 Survey Monument (Type 1) EACH 10 629-01031 Survey Monument (Type 3A)(Contingency) EACH 1 629-01210 Adjust Monument Box EACH 1 Solicitation # B2500045 Page 21 630-00000 Flagging HOUR 500 630-00016 Traffic Control (Special) L S 1 630-10122 Variable Message Board EACH 4 630-80375 Concrete Barrier (Temporary)(Furnish and Install) LF 200 927-00170 Process Control Testing for items 203, 206, 304, 306 & 603 DAY 90 Note: Include all Force Account (F/A) items and amounts below in the total Proposal amount. 700-70010 F/A Minor Contract Revisions F/A 1 $375,000.00 $375,000.00 700-70016 F/A Fuel Cost Adjustment F/A 1 $25,000.00 $25,000.00 700-70019 F/A Asphalt Cement Cost Adjustment F/A 1 $25,000.00 $25,000.00 700-70023 F/A On -The -Job Trainee F/A 1 $6,400.00 $6,400.00 700-70380 F/A Erosion Control F/A 1 $35,000.00 $35,000.00 TOTAL PROPOSAL AMOUNT ($) TOTAL PROPOSAL (WRITTEN WORDS): Solicitation # B2500045 Page 22 Fees — Cost Adjustments Proposers have the option to accept Fuel and/or Asphalt Cement Cost Adjustments in accordance with CDOT Section 109 for Fuel and Asphalt Cement Cost Adjustments. To accept either of these standard special provisions, the Proposer must fill in an "X" next to the "YES" below. No Fuel or Asphalt Cement Cost Adjustments will be made due to fuel or asphalt cement cost changes for Proposers who answer "NO". If neither line is marked, the Department will assume the Proposer has answered "NO". After the Proposals are submitted, Proposer will not be given any other opportunity to accept or reject the Fuel and/or Asphalt Cement Cost adjustments. Fuel Cost Adjustment YES, I choose to accept Fuel Cost Adjustments for this project. ❑ NO, I choose NOT to accept Fuel Cost Adjustments for this project. Asphalt Cost Adjustment C YES, I choose to accept Asphalt Cement Cost Adjustments for this project. ❑ NO, I choose NOT to accept Asphalt Cement Cost Adjustments for this project. Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The Proposal herein meets all the conditions, specifications and special provisions set forth in the Request for Proposal No. B2500045. 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 Proposer for the amount shown on the accompanying Proposal sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule F — Insurance and Bonds 6. Acknowledgment of Schedule G — Weld County Contract 7. By submitting a responsive 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 Proposals, to waive any informality in the Proposals, and to accept the Proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The Proposal(s) may be awarded to more than one vendor. Solicitation # 82500045 Page 23 Item Company Name: Address: Entry Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Title: Date of Signature Solicitation # B2500045 Page 24 Schedule F — Insurance and Bonds Insurance Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance. 1) Workers' Compensation and Employer's Liability Insurance covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers' Liability) $ 100,000 $ 100,000 $ 500,000 2) Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, departments, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations." Such policy shall include minimum limits as follows: Each Occurrence $ 2,000,000 General Aggregate $ 4,000,000 Products/Completed Operations Aggregate $ 4,000,000 Personal Advertising Injury $ 2,000,000 Fire Damage (Any One Fire) $ 100,000 Medical Payments (Any One Person) $ 10,000 Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Completed Operations coverage must be kept in effect for up to the statute of repose after project completion. Solicitation # B2500045 Page 25 3) Automobile Liability: Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Bodily injury and property damage for any owned, hired, and non -owned vehicles used in the performance of this contract. 4) Professional Liability: Contractor shall maintain Professional Liability Insurance covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract. The policy/coverages shall be amended to include the following: a. Coverage shall apply for three (3) years after project is complete. b. Policy is to be on a primary basis, if other professional coverage is carried. Per Loss Aggregate $ 2,000,000 $ 4,000,000 5) Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. 6) Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained, or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 1,000,000 Solicitation # B2500045 Page 26 7) Builders' Risk Insurance or Installation Floater— Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. a. The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. b. Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. c. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. d. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false - work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. e. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. f. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). g. The deductible shall not exceed $25,000 and shall be the responsibility of the Solicitation # B2500045 Page 27 Contractor for all covered perils within the required policy. Additional Insurance Related Requirements No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract or decrease or limit any liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, associated and/or affiliated entities, successors, or assigns; its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a copy of the actual insurance policy and/or required endorsements effecting coverage(s) required by the Contract for examination for evidence of required coverages. Copies are not kept as a record, are deemed confidential, and are not subject to disclosure under Colorado's Open Records Act (CORA). All certificates and endorsements are to be received and approved by the County before work commences. Solicitation # B2500045 Page 28 Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. Bonds 1. For projects over $50,000 the following bonds are required: a. A 5% Bid Bond is required at the time of Proposal submittal. b. Performance Bond in the amount of 100`)/0 of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. c. Payment Bond (Labor and Materials) in the amount of 100`)/0 of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. 2. Surety companies executing bonds must appear on the U.S. Treasury Department's most current list (Circular 570) as amended and be authorized to transact business in the State of Colorado. 3. A 5`)/0 Retainage Fee will be held for Construction contracts over $150,000. 4. Bonds may be submitted on the Standard AIA form or Weld County Form. Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Erich Green, P.E., Engineer III Email: egreen(c�weld.gov Telephone: 970-400-3742 Mail: Weld County Department of Public Works ATTN: Erich Green, P.E., Engineer III PO Box 758 Greeley, CO 80632 Solicitation # B2500045 Page 29 Schedule G - 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 G 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 n ature 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 u nderstanding 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 n egotiations on a project -by -project basis that provide further clarification. Weld County Standard Contract Below is a sample of a standard Weld County Contract for Construction. AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND [CONTRACTOR] FOR [INSERT NAME OF PROJECT] THIS AGREEMENT is made and entered into this [Insert] day of [Insert], 2024, by and between the Board of Weld County Commissioners, on behalf of the [DEPARTMENT], hereinafter referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and Solicitation # B2500045 Page 30 WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. [Insert Bid Number]. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or Solicitation # B2500045 Page 31 his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein 4 Termination, Breach; Cure County may terminate this Agreement for its own convenience upon thirty (30) days wntten notice to Contractor Either Party may i terminate this Agreement upon matenal breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach Upon termination, County shall take possession of all 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 drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, matenals and documents shall be the property of County Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE " If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County, (2) the reasonable value to County of the services which Contractor provided pnor to the date of the termination notice, but which had not yet been approved for payment, and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work County shall be entitled to the use of all matenal generated pursuant to this Agreement upon termination Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered 5 Extension or Amendment Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained wntten authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, ' Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement Solicitation # B2500045 Page 32 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $[Inserti, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1- 101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the Solicitation # B2500045 Page 33 provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors 9 Ownership All work and information obtained by. Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County 10 Confidentiality Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL" However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C R S 24-72-201, et seq , with regard to public records, and cannot guarantee the confidentiality of all documents Contractor agrees to keep confidential all of County's confidential information Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking wntten permission from the County Contractor agrees to advise its employees, agents, and consultants, of the confidential and propnetary nature of this confidential information and of the restrictions imposed by this Agreement 11 Warranty Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall'be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications - 12 Acceptance of Services Not a Waiver Upon completion of the Work,- Contractor shall submit to County originals of all test results, reports, etc , generated=during completion of this work Acceptance by County of reports, incidental matenal(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project In no event shall any action by County hereunder_constitute or be construed to be a waiver by County of any'breach of this Agreemeht or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any 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 Solicitation # B2500045 Page 34 13 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 _ period For all coverages, Contractor's insurer shall waive subrogation rights against County The County requires that all policies of insurance be written on a pnmary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis Forall general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier The Contractor agrees that the_insurance requirements specified in this -Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless , section of this Agreement The insurance carner shall provide a minimum of 30 days advance written-noticelo'the County for cancellation, non -renewal, suspension, voided, or matenal changes to policies required under this Agreement On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect _ The,Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit At their -own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County'with a new certificate of insurance showing such coverage, is in force Subcontractors Contractors' certificate(s) shall include all subcontractors as additional insureds under its policies or subcontractors shall maintain separate insurance as determined by the Contractor, however, subcontractor's limits of liability shall not be less than $1,000,000 per occurrence / $2,000,000 aggregate Acceptability of Insurers Insurance is to be placed with insurers duly licensed or 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 Solicitation # B2500045 Page 35 Proof of Insurance Contractor shall provide to County a Certificate of Insurance (COI) The County, in its discretion, may accept other forms of proof of insurance The Certificate of Insurance shall name "Weld County, Colorado, its elected officials, its subsidiary, associated and/or affiliated entities, successors, or assigns, employees, agents, and volunteers to be named as an additional named insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations" In the County's sole discretion, the County may ask to examine abolicy, an endorsement, or other proof of insurance if there is a question on coverage Such examination is deemed confidential, and the document is not kept in the record, but simply examined to confirm coverage is present Failure of the Contractor to fully comply with these requirements during the term of this Agreement maybe 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 Contractor shall provide coverage with limits of liability no less than those stated below: Required 'hypes of Insurance 8) Workers' Compensation and Employer's Liability Insurance covenng all the Contractor's employees acting within the course and scope of their employment The policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropnate sole propnetor waiver form Minimum Limits Coverage A (Workers' Compensation) Statutory Coverage B (Employers' Liability) $ 100,000 $ 100,000 $ 500,000 9) Commercial GeneralL►ab►l►ty 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 subsidiary, parent, associated and/or affiliated entitles, successors, or assigns, its elected officials, departments, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor, including completed operations " Solicitation # 82500045 Page 36 Such policy shall include minimum limits as follows Each Occurrence $ 2,000,000 General Aggregate $ 4,000,000 Products/Completed Operations Aggregate $ 4,000;000 Personal Advertising Injury $ 2,000,000 Fire Damage (Any One Fire) $ 100,000 Medical Payments (Any One Person) $ 10,000 Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance Completed Operations coverage must be kept in effect for up to the statute of repose after project completion 10) Automobile Liability Contractor's Automobile Insurance Policy shall include Minimum Limits as follows Bodily Injury/Property Damage (Each Accident) $ 1,000,000 - Bodily injury and property damage ,for any owned, hired, and non -owned vehicles used in the performance of this contract 11)Profess►onal Liability Contractor shall maintain Professional Liability Insurance covenng wrongful acts, errors and/or,omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services provided by the Contractor as part of the Contract The policy/coverages shall be amended to include the following a Coverage shall apply for three (3) years after project is complete b Policy is to be on a pnmary basis, if other professional coverage is carned Per Loss Aggregate $ 2,000,000 $ 4,000,000 12)Umbrella or Excess Liability Insurance Contractor shall maintain limits of $1,000,000 and shall become pnmary in the event the primary liability policy limits Solicitation # B2500045 Page 37 are impaired or exhausted The policy shall be wntten on an Occurrence form and shall be following form of the pnmary 13)Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution nsk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor descnbed in the Exhibits The policy shall cover the Contractor's completed operations Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste matenals, or other irritants, contaminants, or pollutants (including asbestos) If the coverage is wntten on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained, or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed Minimum Limits Per Loss Aggregate $ 1,000,000 $ 1,000,000 14)Bu►Iders' Risk Insurance or Installation Floater— Completed Value Bass Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authonzed to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as descnbed in the attached Exhibits, plus the value of subsequent modifications, change orders, , and cost of matenal supplied or installed by others, composing total value of the entire Project at the site on a replacement cost basis without optional deductibles a The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption dunng construction, renovation, or installation, including any time dunng which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site b Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficianes of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later c The Builders' Risk insurance shall include interests of the County and if , applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project Solicitation # B2500045 Page 38 d The Builders' Risk Coverage shall be wntten on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false - work, temporary buildings, transit, debns removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading e The Builders' Risk shall include a Beneficial Occupancy Clause The policy shall specifically permit occupancy, of the building during construction Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy The Builder's Risk Policy shall remain in force until acceptance of the project by the County f Equipment Breakdown Coverage (a k a Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment dunng installation and testing (including cold and hot testing) g The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered penis within the required policy Additional Insurance Related Requirements No limitation of Liability The insurance coverages specified in this Agreement are the minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract or decrease or limit any liability of Contractor The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might anse 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 appropnate and/or prudent, maintain higher limits and/or broader coverages The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement Certification of Compliance with Insurance Requirements The Contractor stipulates that it has met the insurance requirements identified herein All insurers must be licensed or approved to do business within the State of Solicitation # B2500045 Page 39 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, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers as "Additional Insureds" for work that is being performed by the Contractor On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract Upon request by the County, Contractor must provide a copy of the actual insurance policy and/or required endorsements effecting coverage(s) required by the Contract for examination for evidence of required coverages Copies are not kept as a record, are deemed confidential, and are not subject to disclosure under Colorado's Open Records Act (CORA) All certificates and endorsements are to be received and approved by the County before work commences Each insurance policy required by this Agreement must be in effect at or 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 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 - 14 Mutual Cooperation The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including ,the execution and delivery of any proof of loss or other actions required to effect recovery 15 Indemnity The Contractor agrees to indemnify, hold harmless and, not excluding the County's right to participate, defend County, its officers, agents, employees, associated and/or affiliated entities, successors, or assigns its elected officials, trustees, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, law or court -decree, Solicitation # B2500045 Page 40 It is the specific intention of the parties that the County shall, in all instances, except for, claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims _ It is agreed that the Contractor will be responsible for primary loss investigation, defense, and judgment costs where this contract of indemnity applies In consideration of the award of this contract, the Contractor agrees to waive all nghts of subrogation against the County, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County A failure to comply with this provision shall result in County's nght to immediately terminate this Agreement 16 Non -Assignment Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the 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 , 17 Examination of Records To the extent required by law, the Contractor agrees that any 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 The Contractor agrees to maintain these' documents for three years from the date of the last payment received 18 Interruptions Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is,due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, stnkes, war, flood, earthquakes or Governmental actions 19 Notices County may designate, pnor to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances a) personal service by a reputable 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 by the sending party, or Solicitation # B2500045 Page 41 Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Position: Address: [Insert] [Insert] [Insert] Address: [Insert] E-mail: [Insert] Phone: [Insert] County: Position: Address: Address: E-mail: Phone: [Insert] [Insert] [Insert] [Insert] [Insert] 20. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 21. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 22. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 23. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. Solicitation # B2500045 Page 42 24 Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507 The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement 25 Survival of Termination The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination 26 Severability If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent 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 27 Non -Waiver. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act §§ 24-10-101 et seq , as from time to time amended or otherwise available to the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, or its elected officials, employees, agents, and volunteers No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, nghts, benefits, protections, or other, provisions, of the Colorado Governmental Immunity Act'as applicable now or hereafter amended 28 No Third -Party Beneficiary It is expressly understood and agreed that the enforcement of the terms and -conditions of this Agreement, and all 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 right of action whatsoever by any other person not included in this Agreement It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only 29 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee 30 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution', and enforcement of this Agreement Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void In the event of a legal dispute between the parties, Contractor agrees that the Weld County Distnct Court shall have exclusive junsdiction to resolve said dispute 31 No Employment of Unauthorized Aliens. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an 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 Solicitation # B2500045 Page 43 perform work under this Agreement Upon request, contractor shall deliver to the County a wntten notanzed affirmation that it has examined the legal work status of an employee and shall otherwise comply with all other requirements of federal or state law, including employment venfication requirements contained within state or federal grants or awards funding public contracts Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages 32 Public Contracts for Services C.R.S. §8-17-101 For public contracts in excess of $500,000 annually, or for public contracts for road or bndge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado dnver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this ,requirement would create an undue burden that would substantially prevent the work from proceeding to completion [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law in accordance with C R S §8-17-107 and 2 C FR §200 319(c) ] 33 Attorney's Fees/Legal Costs In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf 34 Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any extra -judicial body or person Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void 35 Acknowledgment County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms Both parties further agree that this Agreement, with the attached Exhibits Nand B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or pnor agreements, oral or wntten, and any other communications between the parties relating to the subject matter of this Agreement CONTRACTOR Solicitation # 82500045 Page 44 By: Name: Title: WELD COUNTY: Date of Signature ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board [INSERT NAME], Chair Solicitation # B2500045 Page 45 Schedule H -Forms Due with Proposal All forms in Schedule H - Forms Due at Proposal Submission must be completed and submitted with your proposal response. Failure to complete and provide all forms during the Proposal submission will result in your Proposal being considered non- responsive which will eliminate the vendor from consideration of award. The forms in this schedule are: 1. Bid Bond 2. IRS Form W-9 3. Title 49, CFR, Part 29 Debarment and Suspension Certification 4. Certification of Compliance with Equal Opportunity Clause Requirements 5. Statement of Qualifications and Subcontractors 6. Contractor's Performance Capability Statement (CDOT Form #605) 7. Anti -Collusion Affidavit (CDOT Form #606) 8. Assignment of Antitrust Claims (CDOT Form #621) 9. Bidders List (CDOT Form #1413) 10.Anticipated DBE Participation Plan (CDOT Form #1414) 11. Commitment Confirmation (CDOT Form #1415) 12. Good Faith Effort Report (CDOT Form #1416) Solicitation # B2500045 Page 46 Bid Bond WCR 41 and SH 52 Intersection Improvements Proiect KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, hereinafter called the Principal, a [corporation, partnership, or individual] duly authorized by law to do business in the State of Colorado, and [Surety Company Name], a corporation duly authorized to do surety business under the laws of the State of Colorado as Surety, hereinafter called the Surety, are hereby held and firmly bound unto Weld County, Colorado as Obligee in the penal sum of Dollars ($ ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. WHEREAS, the Principal has submitted a Proposal dated , 2025 for the WCR 41 and SH 52 Intersection Improvements Project, and if selected as the Contractor on this Project, the Principal and Surety are firmly bound and jointly and severally liable to the Owner in the penal sum described above. WHEREAS, the Owner has required as a condition for receiving said Proposal that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Proposal or in lieu thereof furnish a Proposal Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. The above obligation is void if the Principal enters into the Contract within sixty (60) days of selection of the Principal, negotiates any final terms and conditions in good faith, and has furnished all required documents for issuance of the Notice to Proceed, unless time is extended by Weld County. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of ,2025 the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal: Signature: Title: ATTEST: By: Surety Signature: Title: ATTEST: By: Solicitation # B2500045 Page 47 IRS Form W-9 -W-9 Pier. March 2024) Deai lment d. Trams, xhdenhii4 Raven. Suit,. ■ etas yea height For goidanoraented to the purpose of Fwm o W-134, see Repose (gle n, (better. Request for Taxpayer Identification Number and Certification Qa tb tee iagaviFavmWtter iel r ctio a and the tab. idfomiatiort Dive tone Io the regpvalw- Do not send to Mee MIL a� d auala...ed.. a. end a' s marked. atom sour renerier r' aegadad rtes'. wee. awnr's ram. an hkw t, amtamir ew tref ees7rila ed s menace am s.l ete,adaLL weer nann. {9eck ire apCrapdae thaK far Wk.Eih cersTlcaerax of the ardtaatilBNciha€.heaa ram le *Meld on Yvae 1. Check P.rr arum. kart, arum r��^ . inakicatakhata pro..0 Cma:hr=wu O 9cmparatata O Fanners., J Trsafastate U t1LC. Brew. taa d ssitl;ain C atlnn. S . 9 rrrpration, to , Patine.. nape Check a:Tot,LsuC" mod albararrtl. ie.aw aroa-=ahaae, anon the atopr hula rrrie IC, a, nr Fi tnrthe tar. rlu.ttlnalarh attar C1:C; arnesa t s a dbragaraad nxety. 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Nor a ✓ esident after, slake proprietor, or dogged...4y. see sue instructions for Pad Linter. For otter ensb6, Pis your employer identification number ll=lfili. lfiyouu do not have a number, see Now No get a 194, later. N ote If the anamana is in more than one none, see the instruction for final. See also Ward Annie and Member To awe the Abypesher Oar guidelines or whose number to ante, ® 1 Undo penalties® of peranry, t certify that 1. The number shoat on Mffi farm is my armed bops, iidentifiraton nhanbr for h am waiting tar anemias! to be issued to eel: and 2. I am not subject Ito backup aitthradirlg because a n exempt iremr bad, wittiniking, or tai t Moe not been notified by the Intern. Ttenease Service IRS, that t am subject to beau. stied rold'arg as a result of a failure to report alt interest or dividends, or ld the INS (rtes ratified are tat t an no tenger sdract to shack. withhold.. and 3.6 an a U.S. citizen or otter LP. person (domed before, and I. The iFATCA code,. entered on this form 1,ff arryi shticating Poet k an awash from FATCA repo. g es correct CslWoatien iddoelines. You sale cross out item 2 arbour Al, have Mien ratified Or the INS that you are aaresiiy wiliest. halo. nettlhaldng heca® you have Triad m sport >si (Mutsu mtd drake. en your ter mum FIN real estate transactions. item 2 does not apt,_ Far mortgage interred paid, acquisition ora ban an ent of secured property. carcelhlllrn of debt.. conaehotena to an ihrh lusi retirement arargrne a lIF1AF.. and genea.y, espies. other ter sued and dints. ,.. yahlr are rot regd. to sign the certthiahra bat you maffi provide pair correct TN_ See the instructions for Pat I,.fer. Sign 19eride a el Here e,8-prsen Dees amid serrAy amide General Instructions New time 3b has been addled to thn form A tow -t not gh entity a required to cern*. the ire torah.. that it has d ect or indent Section references are to to ihtthmall Reasnue code unless ethane.. foreign partners, cranes,or beneficiaries when it presides Perform W-9 noted. to another flow -through entity n whictr it has an ala noship interest The t4AaadnRtoptaents.. For the latest information about developments change er intended to provide a Clow-thmugh entihyr wilt C.olatioo retired to Form W9 and its Marra i . such as lgelatiom enacted erg the status of its indeed forego pains, oehoers, or after they wens pdat®hied, go to Wiwi.i...y.0 currrM. beneficiariess, so errs t can satisfy alt' applicable reporting requiremuents. For example, a parinersign that has arnp indirect foreign What's New partners may be respired N CO..* Staledales K-2 end K-3. See the Partnership Instructions for Sdfedales K-2 and K-3 (Form 1066, tire 3a has been modified to sterify how a disregarded arty Corr. p. this line. An PLC that is adiaegaded entity should deck the appropriate trod for to for Classification of is orwer. Mammas, t should check the `..LC. boxed enter rte appropriate tat classification. Purpose of Form An individual or rutty (Form W-9 requester, who is required to Ile sa infamrsaion return with the MS is giving VDU this foam because Ahoy Cat Ma te231hd Fame W-9 pr.. 3.2x244 Figure 1 W-9 Form Solicitation # 62500045 Page 48 Title 49, CFR, Part 29 Debarment and Suspension Certification (To be signed by authorized signatory of Bidder/Proposer) The undersigned, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past 3 years. • Does not have a proposed debarment pending. • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past 3 years. Has not within the past 3 years had one or more public transactions (federal, state, or local) terminated for cause or default. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of Award but will be considered in determining Proposer's responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. Date: Signature Title Solicitation # B2500045 Page 49 Certification of Compliance with Equal Opportunity Clause Requirements (To be signed by authorized signatory of Bidder/Proposer) The Bidder/Proposer certifies that (1) (it/he/she] has has not developed affirmative action programs on file at each establishment pursuant to 41 CFR § 60-4 and (2) Ut/he/she] has has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, [it/he/she] has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: , 2025 Bidder/Proposer Name: Signature: Title: Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)) and must be submitted by Bidders/Proposers only in connection with contracts which are subject to the equal opportunity clause. Contracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed contractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Solicitation # B2500045 Page 50 Statement of Qualifications and Subcontractors DATE OF THIS STATEMENT: All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the bidder who provides the best value as determined by the County. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. 1. Name of Proposer: 2. Type of Entity: 3. Permanent main office address: Phone Number: Fax Number: 4. Year Company was organized: 5. Number of years this Company has been engaged similar construction: 6. Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? 7. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: Project Name Contract Amount Completion Date Solicitation # B2500045 Page 51 8. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. 9. List all contracts within the last 5 years for which liquidated damages were assessed or may be assessed. 10. List all contracts within the last 5 years during which or after which the Company filed a protest with the owner. 11. List all contracts within the last 5 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. 12. Has any owner, as party to any of the Company's contracts within the last 5 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. 13. Describe all contracts that the Company failed to complete. 14. Describe all contracts on which the Company defaulted or from which the Company was terminated. Solicitation # B2500045 Page 52 15. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: Project Name: Location: Supt: Owner's Representative: Phone: Completion Date: Contract Amount: 16. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. If requested, those contractors being further considered for award shall furnish within 24 hours after the bid opening, a separate Statement of Qualifications completed by each subcontractor who will perform fifteen percent (15%) or more of the Work. SUBCONTRACTOR WORK DESCRIPTION % OF WORK Solicitation # B2500045 Page 53 17. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. PERTINENT NAME EXPERIENCE TITLE YRS. 18. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this day of , 2025. Bidder: Company By: Signature Name: (Please Type) Title: Solicitation # 82500045 Page 54 NOTARY County of ) ) ss. State of ) being duly sworn, deposes and says that they are (Name) Of , and that the (Title) (Company Name) answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of 2025. (SEAL) Solicitation # 62500045 Page 55 Contractor's Performance Capability Statement (CDOT Form #605) COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Project # 1. List names of partnerships or joint ventures 0 none 2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to CDOT. (Attach additional sheets if necessary.) a. Key personnel changes r none b. Key equipment changes p none c. Fiscal capability changes (legal actions, etc.) r none d. Other changes that may effect the contractors ability to perform work. 0 none I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Contractor's fine a company name By I Date Title 2nd Contractor's firm or companyname (if joint venture) By I Date Title orm Figure 2 CDOT Contractor's Performance Capability Statement Form Solicitation # B2500045 Page 56 Anti -Collusion Affidavit (CDOT Form #606) COLORADO DEPARTMENT OF TRANSPORTATION P....r NO ANTI -COLLUSION AFFIDAVIT LOCATION I hereby attest that 1 am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication, or agreement for the purpose or with the effect of resbicting carmpetifion with any other firm or person who is a bidder or potential prime bidder. 2A. Neither the prices) nor the amount of this bid have been disclosed to any other firn or person who is a bidder or potential prim bidder on this project and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other him or person who is a bidder or potential prime bidder on this project have been disclosed to me or my firm. 3A. No attempt has been made to soicit, cause, or induce any firm or person who is a bidder or potential prime bidder to refrain from bedding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prim kidder on this project to submit an ntenionally high, noncompetitive, or other form of complementary bid on this project. 4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, ammo! or discussion with, or inducement or soicitation by or from any firm or person to submit any intentionally high, noncompetitive or other form of complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidtting or to submit any intentionaly high, noncompetitive or other form of complementary bid or agreeing or prontisng to do so on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promsed or paid cash or anything of value by any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting any intentionaly high, noncompetitive or other form of complementary bid, or agreeing or pronisng to do so, on this project. 7. I have made a diigent inquiry of al members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this praject and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, colusion, or other conduct inconsistent with any of the statements and representations made in this affidavit. 8. I understand and my firm understands that arty misstatement in this affidavit is and shall be treated as a fraudulent concealment from the Colorado Deparbnent of Transportation, of the true facts relating to submission of bids for this contract_ I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON This DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. GxilatIO, I. Or enmparcs names 8y I Coe Tf)s 2.1...... a. n^n or coma,' name. Of Nit WM,.: By I EUGs Tile Sworn to before me this day of, , 20 %cart P., lily 4Dmm,sJM.p%es NOTE: This document must be signed in ink. CDOT Form #606 7102 Figure 3 CDOT Anti -Collusion Affidavit Form Solicitation # 62500045 Page 57 Assignment of Antitrust Claims (CDOT Form #621) COLORADO DEPARTMENT OF TRANSPORTATION ASSIGNMENT OF ANTITRUST CLAIMS PROJECT NO. Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice antitrust violations ultimately impact on CDOT. Therefore, for good cause and as consideration for executing this contract and for receiving payments hereunder: 1. Contractor hereby irrevocably assigns to CDOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by CDOT pursuant to this contract. 2. Contractor hereby expressly agrees: a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) CDOT that such civil action is pending and of the date on which, in accordance with subparagraph a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to CDOT; b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and c. Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on Contractor's behalf by any third party and which claim has been assigned to CDOT hereunder. 3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor: a. Irrevocably assign to CDOT (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec- tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga- tions to Contractor; b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf asserting an antitrust claim which has been assigned to CDOT hereunder, shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to CDOT; c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and d. Promptly pay over to CDOT its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT pursuant hereto. I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. By Title By Date Title CDOT Form $621 12191 Figure 4 CDOT Assignment of Antitrust Claims Form Solicitation # B2500045 Page 58 Bidders List (CDOT Form #1413) COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST Project NamelDescripian Project Number Project Cade/ Sub -Account Proposal Date Contrackir Region 4 SubcontractorslSuppiiers Vendors: Colorado Department of Transportation to submit this form may result in The bidder must fiat all furls seeicing to participate on the contract. This i fomudion as used by the (COOT) to detemine overall goals for the Disadvantaged Business Enterprise Program Failure lire proposal being rejected. Firm Name Email Work Proposed (Select all that apply) DBE (WN) Selected (YfN) 1 certify that the i fonnefion provided herein is tare and correct to the teat of my knowledge. Name Signature/Initials Title Dale Wont Proposed CaMponytr 11 Structural Ste& end Steel Reink emenr 2f Creanng Demolition Excavation and 1 UatRr. arrd Supplres f2Rgoap andAnth0. Rafarkrrg Wads Ea troode 2 Flagging and Ire, Control 13 Landscape and Eros.n Control 22 Engineering and Surveying Services 3 Truck, and Hau+ng Id Bridge and Bndge Deck Construchon 23. Pubfn; Rerlatrons and Involvement Precast Concrete Foundations and 15 AsphaltPaving 24 Poles and Deep Foundations Footings 16 Road and Park, tot Malang 25 Waste Management and Recyehrg 5 Concrete Pam, Fretwork and Repair 17 Chap Sear Crack Seal Joint Seat and 26 Site Clean Up 6 Lrghtrngand Electrical Crack Frll 27 R(ecnanecatand HVAC 7 Signs Srgnaltnstauaton a.Guardrarl 16 Bridge Pad., and Coanng 28 TunnelConsaocCon 8 Ferrcrng 19 &sunray and Ornamental Metal 29 Pcohli ga. Grinding 9 BaukLngs and verVea! Structures 20 Pan, Lads and Commercial Sictwealks 30 EnvrronmentarHealth and Safety Ws LA, Water and Ser+gr Lines This form must be submitted by the proposal deadline. For COOT projects, submit to cdot_hq_dbeformsftstate.co.us. COOT Form #1413 12!18 Figure 5 CDOT Bidders List Form Solicitation # B2500045 Page 59 Anticipated DBE Participation Plan (CDOT Form #1414) COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder. Project Name: Bidder Contact: Sutraccount #: Bidder Phone: I Bid Submission Date: Bidder Email: DBE Contract Goat: Preferred Contact Method: Region: e DBE Firm Name Work to Be Performed Corrrnitment Amount ,. Eigible Participation Total Eiigiile Participation Total Bid Amount Total Eigibie Participation Percentage `- . _ 3, , _ ts"'c' _._ ... c.�acs�..seaai�z�,'�::-i. � .. a.� �A- T4, COMMITMENTS LISTED ON THIS FORM SHALL BE BINDING ON THE BIDDER UPON CONTRACT AWARD. F THE DBE GOAL IS ZERO. DBE THE IS NOT REQURiED TO LIST ANY DBE COMMITMENTS ON THIS FORM. This COMMITMENTS ARE OPTIONAL AND BIDDER section must be signed by an individual with the authority to bind the Bidder. By signing this form, as an authored representative of the Bidder, you declare under penalty of perjury in the second degree and any other applicable stale or federal laws that the statements made in this document are true and complete to the best your knowledge. Further, you attest that you understand the following: COOT shall not award a contrail (or provide its concurrence to award a Local Agency Project) until it has been determined that commitmeMs are sufficient to meet the DBE contract goal or else good faith efforts have been made to meet the goal despite falling short. Once your bid has been submitted, commitments may not be modified or terminated without the approval of COOT. Ilse.. as the lowest apparent bidder, you shall submit a Form 1415 for each commitment listed above. If you have not met the contract goal, you will also be required to submit documentation of an good faith efforts to meet the contract goal. It is your responsibility to ensure that the selected DBEs are certified for the work to be performed and that their eligible participation has been propertycounted. Please review your project's DBE requirements for additional information and instructions on calculating eligble participation. Name I Title I Signature I Date CDOT Form* 1414 10f20 Figure 6 CDOT Anticipated DBE Participation Plan Form Solicitation # B2500045 Page 60 Commitment Confirmation (CDOT Form #1415) COLORADO DEPARTMENT OF TRANSPORTATION COMMITMENT CONFIRMATION SECTION 1. This section must be completed by the Contractor. Project Name: Subaccount #: Bidder: Bidder Phone: Bidder Contact: Bidder Email: DBE Firm Name: DBE Phone: DBE Address: DBE Email: Commitment Details Category Work to be Performed DBE Work Code(s) Commitment Amount Eligible Participation Construction Trucking Supplies Services Total $0.00 $0.00 This section must be signed by an individual with the power to contractually bind the Bidder/Contractor. You declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are complete, true and accurate to the best of your knowledge. I Bidder/Contractor Representative I Title I Signature Date SECTION 2. This section must be completed by the DBE. (Attach additional pages if necessary). This document is not a contract with the Bidder/Contractor; it is an acknowledgement of the obligation that the Bidder/Contractor is making to COOT. The amounts listed above may be less than the subcontractor or purchase order amount, but can never be more, and shall not reflect any mark up by the Bidder/Contractor. All questions must be answered. Are you contracting directly with the Bidder/Contractor or with one of its subcontractors? If with a subcontractor, provide the firm name. Will you be purchasing supplies or materials or leasing or renting equipment from the Bidder/Contractor or its subcontractors? If so, explain. Do you intend to subcontract any portion of the work listed above? If yes, state to which firms, what work and the approximate amount. Include trucking subcontractors and owner -operators. Will you be providing trucking services on this project? If so, state how many of your own trucks and employees you will have on this project. Who within your firm will be supervising and responsible for your firm's work on this project? Will you be acting as a broker on this project? If so, state what you will be brokering and your approximate brokerage fee. 1 of 2 CDOT Form #1415 01/14 Solicitation # B2500045 Page 61 Will you be acting as a supplier on this project? If so, please state what you will be supplying and whether you will manufacture the items. This section must be signed by an individual with the power to contractually bind the DBE. You declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are complete, true and to the best of your knowledge. You attest that you are eligible to participate as a DBE on this contract for the work listed above and have the capacity to perform the work as stated. I I DBE Representative Title Signature I Date Review your project's DBE requirements for additional insbuctions on completing and submitting this form. Questions may also be directed to the CDOT Civil Rights & Business Resource Center at (303) 757-9234 or by email at dot_civilrights@state.co.us. SECTION 3. This section must be completed by Region Civil Rights Specialist or Civil Rights and Business Resource Center staff member I I Name Title Approved or Denied I Date of Decision Pre -award CDOT projects: This form should be uploaded with the Utilization Plan and submitted electronically to the Civil Rights & Business Resource Center via B2GNow. Pre -award local agency projects: Submit this form to the local agency that will be awarding the project. CDOT #14151020 2 of 2 CDOT Form #1415 01/14 Figure 7 CDOT Commitment Confirmation Form Solicitation # B2500045 Page 62 Good Faith Effort Report (CDOT Form #1416) COLORADO DEPARTMENT OF TRANSPORTATION GOOD FAITH EFFORT REPORT Section 1. Contractor and Project Information Bidder: Project: Address: Project Code: Contact Name: Proposal Amount: Contact Phone: Contract Goal Percentage: Contact Email: Contract Goal Dollar Value: Section 2. Efforts to Achieve DBE Participation. Attach a narrative that answers the questions below and complete Page 2 (Subcontracts Quote Summary). Provide any supporting documentation which demonstrates your good faith efforts. a. Describe your overall plan or approach to meeting the contract goal. Include how much and what work you intend to self -perform; how much and what work you intend to subcontract; what work areas were identified as subcontracting opportunities for DBEs; and the approximate number of DBEs per area. 6. Describe your efforts to obtain DBE participation (i.e. how you attempted to execute your plan a approach to meeting the contract goal). Include direct outreach (state the DBE solicited, date(s) and method of phone, email or fax); indirect outreach such as events, publications, and/a communication with minority and other organizations that you conducted to reach DBEs (state date(s), location and audience); other efforts you made to assist DBEs in competing for or obtaining contracts (accepting quotes from DBEs that may be higher than other subcontractors, modifications to contract scopes, unbundling, mentoring, etc.); and obstacles you encountered in assisting or contracting with DBEs. Cost alone shall not be a reason to reject a DBE and will be considered in the evaluation of Page 2. c. If the eligible participation submitted on the Fam 1414 was miscalculated, determined to be invalid, a otherwise did not meet the contract goal, provide your justification for such deficiencies and the remedies you have taken or intend to take to avoid the issue in the future. If you have obtained any additional commitments since submission of the bid, attach the Fonn 1415(s) and the reason why such commitments were not obtained prig to the proposal due date. Section 3. Affidavit of Good Faith Efforts. The Bidder must show that it took all necessary and reasonable steps to achieve the DBE contract goal which by their scope, intensity and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if not fully successful. 49 CFR Part 26, Appendix A sets forth examples and guidance for good faith efforts. The contractor is not limited to the examples provided in 49 CFR Part 26, Appendix A and may provide any documentation that demonstrates good faith efforts to obtain DBE participation on this contract. If, at any time, CDOT has reason to believe that any person or firm has willfully and knowingly provided incorrect information or made false statements, CDOT may initiate suspension or debarment proceedings against the person or firm under 49 CFR Part 29, take enforcement action under 49 CFR Part 31, Program Fraud and Civil Remedies, and/or refer the matter to the Department of Justice or Office of the Inspector General for criminal prosecution under 18 U.S.C. 1001, which prohibits false statements in Federal program. By signing below, the Bidder hereby affirms that it has made good faith efforts and has documented all such efforts in this form and the attached supporting documentation. I, , am the of Representative Name Title Company I have the authority to make this affidavit for and on behalf of my company. All information provided company's good faith efforts is true and accurate to the best of my belief. herein and attached as evidence of my SEAL Signature Date Notarization: Must be completed by a licensed notary. County of State of Subscribed and swan Notary Signature Notary Address _ before me this day of CDOT projects: Submit this form and all supporting documentation to the CDOT Civil Rights and Business Resource Center via fax to (303)757. 9019. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. Local agency projects: Submit this fam and all supporting documentation to the local agency. All originals must be sent to: CDOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222. Page 1 of 2 CDOT Form #1416 01/14 Solicitation # 82500045 Page 63 Subcontractor Quota Summary (Attach additional pages if necessary.) Subcontractor DBE (Y/N) Work Type(s) Quote Amount Selected (Y/N) Reason Page 2 of 2 Figure 8 CDOT Good Faith Effort Report Form CDOT Form #1416 01/14 Solicitation # 82500045 Page 64 Schedule I - Public Works Contract Forms The forms in Schedule I — Public Works Contract Forms must be completed as part of contract execution. These forms are: 1. Notice of Award 2. Schedule G — Weld County Contract 3. Performance Bond 4. Labor and Materials Payment Bond Solicitation # B2500045 Page 65 Notice of Award To: fInsert Company] fInsert Addressl [Insert City, State, Zips WCR 41 and SH 52 Intersection Improvements Project The project in general consists of construction of roadway improvements for the existing WCR 41 and SH 52 intersection. The Owner has considered the Bid/Proposal submitted by you for the above -described Work in response to its Solicitation and Instructions to Bidders/Proposers. You are hereby notified that your Bid/Proposal has been accepted in the amount of or as shown in the Bid/Proposal Schedule. You are required by the Solicitation Instructions to execute one original of the Agreement and furnish the required Performance Bond, Payment Bond, and Certificates of Insurance within ten (10) calendar days from the date of this Notice to you. Amount] [Insert If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your bid/proposal as abandoned. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this fInsert] day of fInsert Month & Yearl Weld County, Colorado, Owner By: Erich Green, P.E., Engineer III ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by (Contractor) Dated this day of , 2025 By: Title: Solicitation # B2500045 Page 66 Performance Bond (Page 1 of 2) WCR 41 and SH 52 Intersection Improvements Project KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) Address of Contractor) , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held, and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars, ($ ). in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered a certain Contract with the Owner, dated the day of 2025, a copy of which is hereto attached and made a part hereof for the construction of: WCR 41 and SH 52 Intersection Improvements Project described in the Solicitation Number: B2500045. NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. Solicitation # 82500045 Page 67 Performance Bond (Page 2 of 2) WCR 41 and SH 52 Intersection Improvements Project PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2025. Contractor By (Contractor) Secretary (SEAL) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Attorney -in -Fact (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. Solicitation # B2500045 Page 68 Labor & Materials Payment Bond (Page 1 of 2) WCR 41 and SH 52 Intersection Improvements Project KNOW ALL MEN BY THE PRESENTS; that (Name of Contractor) (Address of Contractor) hereinafter called Contractor, and a (Corporation, Partnership, or Individual) (Name of Surety) (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of Dollars ($ ), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered a certain Contract with the Owner, dated the day of , 2025, a copy of which is hereto attached and made a part hereof for the construction of: WCR 41 and SH 52 Intersection Improvements Project described in the Solicitation Number: B2500045. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Solicitation # B2500045 Page 69 Labor & Materials Payment Bond (Page 2 of 2) WCR 41 and SH 52 Intersection Improvements Project PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2025. Contractor By (Contractor) Secretary (SEAL) (Witness as to Contractor) (Address) (Address) ATTEST: (Surety) Secretary (SEAL) By Witness as to Surety Attorney -in -Fact (Address) (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. Solicitation # B2500045 Page 70 Addendum # 1 Solicitation Request Number 2500045 WCR 41 and SH 52 Intersection Improvements Project This document has been reviewed for accessibility requirements in Microsoft WORD. This document passes the accessibility check provided by Microsoft WORD. The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: 1. Contractor Questions and Responses 2. Revised Bid Specifications (Separate File) — "BID SPECS — WCR 41 and SH 52 Intersection Improvements Project RFP 4-2-25 Final (Addendum 1).docx The revisions to the bid specifications include: a) Pages 2 and 3 — Corrected Table of Contents page number references. b) Page 4 - Correction of the Mandatory Pre -Proposal Conference date from April 10, 2025 to April 16, 2025. All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: Date of Signature Signature: Name: Title: Addendum #1 Date: April 4, 2025 1. Contractor Questions and Responses Question 1: Page 1 of the RFP states that the mandatory pre -proposal meeting is on April 16, 2025 at 10:00 a.m. while Page 4 of the RFP states that the mandatory pre - proposal meeting is on April 10, 2025 at 10:00 a.m. Which is correct? Answer 1: April 16, 2025 at 10:00 a.m. is the correct date and time for the mandatory pre -proposal meeting. Revised Bid Specifications are also being provided as described in Addendum 1 to clarify. Thank you for providing this question. Prepared By: Erich Green, P.E., Engineer III Addendum # 2 Solicitation Request Number B2500045 WCR 41 and SH 52 Intersection Improvements Project This document has been reviewed for accessibility requirements in Microsoft WORD. This document passes the accessibility check provided by Microsoft WORD. The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: 1. Contractor Questions and Responses 2. DBE Contract Goal 3. Revised Sheets 8 and 9 of Attachment 4 — Construction Plan Set (Revision Date: April 22, 2025) All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank your** Company Name: Date of Signature Signature: Name: Title: Addendum #2 Date: April 22, 2025 1. Contractor Questions and Responses Question 1: Regarding Item No. 420-00300 in the bid schedule, and based on my understanding of the specifications, it looks like this item is intended to call for the specified "Geogrid Reinforcement" (Tensar NX650 Geogrid), but it states "Geotextile Reinforcement," for which I do not see a specification. It is my understanding that the geotextiles referenced in the specification only apply to drainage and/or separation geotextiles where needed. Can you please confirm? Answer 1: Item No. 420-00300 (Geotextile (Reinforcement)) corresponds to the geogrid as shown in the Construction Plan Set. This Item No. and Item Description corresponds to the CDOT Item Code list, and Section 420.11 of the Project Special Provisions clarifies that geotextile reinforcement material is also known as geogrid for the purposes of this project. Specifications for the geogrid are included in Section 420 of the Project Special Provisions. Question 2: Will a Form CP-52 be required as part of HMA mix designs? Answer 2: Yes, a Form CP-52 will be required as part of the review and approval of a proposed HMA mix design. If the proposed HMA mix design is pre -approved for another project with Weld County, then a new Form CP-52 will not be required. Question 3: Is it possible to change the bid date to any day but a Monday morning? Answer 3: No. The request for proposals is already being advertised longer than the required minimum number of calendar days, and Weld County will hold the proposal deadline as planned. Question 4: Will the Weld County ROW Permit be a "no fee" permit? Answer 4: Yes, there will be no fee to the contractor for the Weld County ROW Permit since this is a Weld County project. Question 5: What is the purpose of separating out the asphalt removal on WCR 41 into two separate items (chunking and planing full depth)? What is the scope of work to chunk out the asphalt and what is its purpose? Answer 5: It is anticipated that removal of the existing asphalt by chunking will be more suitable than planing near Highway 52 since Highway 52 will need to be kept open during the work. The scope of work for chunking includes full depth removal of the existing asphalt as shown on Sheets 19 and 20 of the Construction Plan Set, and the Contractor shall take possession of all asphalt millings and chunks generated from the asphalt removals on the project as stated in Section 202.01 of the Project Special Provisions. Question 6: Why are there three separate pay items for Aggregate Base Course? It appears the ABC under the new pavement section is Class 6 virgin while the shouldering can be RAP or Virgin. Answer 6: The Aggregate Base Course (Class 6) and Aggregate Base Course (Shouldering Material) have the same material specifications but require different placement methods, so these are broken into two (2) different Item Numbers. The separate Aggregate Base Course (RAP) Item Number is for placement of a RAP material provided by the Contractor's supplier (not generated on -site) meeting the requirements of Table 703-3 of the Project Special Provisions. Revised Sheets 8 and 9 of the Construction Plan Set are also being provided for clarifications. Question 7: Can you explain where the ABC (RAP) shown on the tabulation is located or what its intended purpose is as opposed to the other types of ABC? Answer 7: The ABC (RAP) material is included for the new Sakata driveway as detailed on Sheet 47 of the Construction Plan Set. Prepared By: Erich Green, P.E., Engineer III 2. DBE Contract Goal It is restated that the Disadvantaged Business Enterprise (DBE) Contract Goal for this project is 6% DBE participation. This is a federally -assisted construction project. Please refer to the DBE Project Special Provision and the CDOT DBE Standard Special Provision. 3. Revised Sheets 8 and 9 of Attachment 4 — Construction Plan Set (Revision ®ate. April 22, 2025) "'Refer to separate pdf document** CL PROVIDE OFFSET IN 8 ASPHALT PAVEMENT LIFTS AS SHOWN 4` i iN 2" HMA (GRADING SX)(100)(PG 64-28) C., 2-1/2" HMA (GRADING S)(100)(PG 64-22) e 2-1/2" HMA (GRADING S)(100XPG 64-22) ic, "st, f •••• -nt t •-' %-• t • i •I.' t, it �1: O ft / We t; � tg• /, � 1. .J1 ./� 6" ABC (VIRGIN CLASS 6) -f 41041 94.445 4.749 94r �� eifteeiresett��rienel ee+4.4 .��►iEiG�y rr o rs �fti ties �st1 riy titer t+t 1 GEOTEXTILE REINFORCEMENT LAYER r �1 �+ .��'I�',l��I�r�'I��`I��t'I��'��fj�I��I�i tlieeti r♦tl�dit��ei4,44,4 44+144.414744 +�rl n ��S'' to `. it 4 41§. 1t0tf�Iee 12" COMPACT D SUB GRADE (R-20 MIN) (R-40 MIN) 7" ABC SHOULDERING MATERIAL (CLASS 6 OR RAP) (VIRGIN CLASS 6) ROAD WIDTH VARIES jt�ti'Itjtrtllt�'I�.�jtlOtdOFltt�.t«tIO ♦'� ��e I4. dst ilevi.fj'��'I�leti tee l t ihi ,fi SAFETY EDGE (TYP) WCR 41 HMA LIFT DETAIL 2.00' GRAVEL SHOULDER WIDTH AND LANE CONFIGURATION VARIES WIDTH AND LANE CONFIGURATION VARIES 2.00' GRAVEL SHOULDER AREAS TO BE SEEDED SHALL ` 2% 2% —a. I RECEIVE A MINIMUM a— of s of TOPSOIL �...-. } •T.-i._...� .«...-..r:.. `2. NO TO SCALE NOT ,.� .. ... .. 6" ABC (VIRGIN CLASS 6) GEOTEXTILE REINFORCEMENT LAYER 12" COMPACTED SUBGRADE (R-40 MIN) WCR 41 - ASPHALT 7" THICK ASPHALT (3 LIFTS) SEE GRADING PLAN 2" (GRADING SX) (100)(PG 64-28) FOR DITCH SLOPES 2-1/2" (GRADING S) (100)(PG 64-22) AND BOTTOM 2-1/2• (GRADING S) (100)(PG 64-22) WIDTHS ROADWAY 1- NO- TO 5CAl i_ i & 2" HMA (GRADING SX)(100)(PG 64-28) OVERLAY i-v 2" HMA (GRADING S)(100)(PG 64-22) OVERLAY in 1 • • . • • . , < . �.. 4.5"2 EXISTING ASPHALT TO REMAIN v , • • • • • • (AFTER 4" -MILLING) - HWY 52 OVERLAY DETAIL NOT TO SCALE Computer Fife Information Index of Revisions WELD COUNTY As Constructed WCR ROADWAY 41-HWY TYPICAL 52 INTERSECTION SECTIONS Project No./Code Creation Date. 4/02/2025 Initials CLW Date _ Comments Initials =. lru.1 ,'.= 1 ! �— PUBLIC WORKS DEPARTMENT 1111 H STREET P O BOX 758 GREELEY, CO. 80632-0758 No Revisions. AOCC030-086(25008) Last Moored Dale 4/02/2025 Initials CLW 4/22/2025 DETAIL REVISION CI M�PrlOi[Crs oEstGN�wC':n+nno�wv Full Path 52 YVTFR5EGLI0\F'HOOUCII4ALUSYfeS Revised- Designer: CLW _ GR{i9 Drawing File Name WCR 41_COVER.DWG Detailer CLW `, `_ %4 p PHONE (970) 356-4000 FAX' (970) 304-6497 Void Sheet Number 8 of 128 AutoCAO Verson 2023 Scale. AS NOTED Units: Elglisr _ Sheet Subset Sheet Subset j CL WIDTH VARIES AREAS TO BE SEEDED SHALL VARIES -� RECEIVE A MINIMUM OF 6" OF TOPSOIL i t � HMA FINAL LIFT WIDTH EXTENTS SHOWN IN PLANS y 2.00' SHOULDER (WIDTH MAY VARY) (ABC SHOULDERING MATERIAL (VIRGIN CLASS ABC VIRGIN CLASS 6 ROAD BASE OR RAP MATERIAL (PER PLANS) �--- VARIES r <cir, 8" AGGREGATE - aa°#16°-ti HOT MIX ASPHALT PER TYPICAL • TOPSOIL SECTION PROPOSED SURFACE BASE COURSE (CLASS 6 OR RAP) (VIRGIN CLASS 6 OR RAP, AS DEFINED IN Pl. ANSI 8' (MIN) COMPACTED SUBGRADE • SHOWN IN PLANS 1 APPROVED FILL C 1 EXISTING :, ': r I GROUND TYPICAL AGGREGATE BASE COURSE ,� . , •. , , �, /� It �� '- DRIVEWAY SECTION (CLASS 6 OR RAP1 - J ti- ABC VIRGIN CLASS 6 ROAD 32° +/- 5° SLOPE NOT TO SCALE GEOGRID LAYER WIDTH EXTENT BASE. EXTEND BENEATH OF GEOGRID SHOULDER FOR SAFETY EDGE STRUCTURAL SUPPORT ASPHALT SAFETY EDGE DETAIL GENERAL NOTES CL WIDTH VARIES AREAS TO BE 1 THE SAFETY EDGE WILL BE CONSTRUCTED AS PART OF THE ROADWAY PAVEMENT. A SHOULDER WEDGE DEVICE, OR SIMILAR DEVICE THAT PRODUCES THE SAME COMPACTION RESULTS, WILL BE ADDED TO THE SCREED OF THE PAVING MACHINE. 2. SHORT SECTIONS OF HANDWORK WILL BE ALLOWED WHEN NECESSARY FOR TRANSITIONS AND TURNOUTS. 3. STEPPED ASPHALT MAT WIDTHS WILL BE ACCEPTABLE AS ASPHALT SAFETY EDGE, WHERE APPLICABLE. f- VARIES VARIES -.- SEEDED SHALL RECEIVE A MINIMUM OF 6" OF TOPSOIL 4. DETAILED CONTRACTOR METHOD STATEMENTS FOR SAFETY EDGE PLACEMENT ARE REQUIRED FOR BOTH PCCP AND HMA. 5 INFORMATION SHOWN IS TYPICAL FOR BOTH SIDES OF THE PROPOSED ROAD LEGEND •. - 5" THICK ASPHALT 2" TOP LIFT (GRADE SX. PG64-28) 3" BOTTOM (GRADE S. PG64-22) 6" ABC (VIRGIN CLASS 6) ASPHALT PAVEMENT r. r~�. ' , `� .. , /A � � 8" (MIN) COMPACTED SUBGRADE DRIVEWAY SECTION A - SAFETY EDGE WITH A 32"+/- 5" SLOPE AND SHOULDER MATERIAL (SEE SAFETY EDGE DETAILS). _eel p... - MATCH EXISTING SLOPE HMA - HOT MIX ASPHALT PCCP - PORTLAND CEMENT CONCRETE PAVEMENT ROAD STRUCTURE WIDTH AND SAFETY EDGE DETAIL NOT TO SCALE NOT TO SCALE - _ Computer File Information Index of Revisions _ WELD ' COUNTY As Constructed WCR 41-HWY ROADWAY 52 INTERSECTION DETAILS Project No/Code Greal:or Date 4/02/2025 Initials. CLW Date Comments Initials AQC C030-086 (25008) rKn> >_'= _ ' - PUBLIC WORKS DEPARTMENT 1111 H STREET P.O BOX 758 No Revisions Last Modified Dale. 4/02/2025 Initials CLW 4!22!2025 DETAIL REVISION CLW m PROJECT$_DESIGMACR 41 AND Mwr Full Pa,n 57 UvTERSECTIOYPROOl1C'IONDVYGS - Rev seU Designer. CLW 9 , GR-09 ir GREELEY, CO. 80632-0758 Drawing File Name WCR 41_COVER.DWG Detailer CLW _ _ ' -_„ PHONE (970) 356-4000 - FAX' (970) 304 6497 Sheet Number 9 of 128 Void AutoCAD Version 2023 Scale. AS NOTED Units n9 E. irs� Subset Sheet &Jose: •Sheet Exhibit B e 82500045 Response to the Request for Proposal (AB Underground, LLC) ir IF UTILITIES & EARTH MOVING Proposal Prepared for: 41 and SH 52 Intersection Improvements Project (CDOT #25008) Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, CO 80631 Bid Date: April, 28th, 2025 @ 10:00 AM Prepared by Alyson Buum: Alyson@ABunderground.com 0 303-720-4667 www.ABunderground.com 21269 Co Rd 47, LaSalle, CO 80645 Table of Contents 1. Opening Statement 2. Scope and Objectives 3. Project Goals & Approach 4. Recently Completed and Related Projects 5. Identification of Critical issues & Solutions 6. Cost Accountability 7. Government Experience & Compliance Assurance 8. Quality Control Plan 9. Judgments and Claims 10. OSHA Citations 11. Liquidated Damages 12. Ownership Changes 13. Location and Project Coordination 14. Familiarity with Weld County and CDOT Specifications 15. Knowledge of Weld County 16. Annual Operating Budget & Workforce Capacity 17. List of Facilities and Major Equipment 18. Phasing Plan 19. Schedule 20. References 21. Project Management Staff Experience 22. Summary Opening Statement We appreciate the opportunity to submit this proposal for consideration and are excited about the prospect of partnering on this important project. As a locally owned and operated, DBE certified contractor based in Weld County, we bring not only the technical expertise and capacity required, but also a deep understanding of the region, its infrastructure, and the community it serves. Understanding of Project Scope and Objective Our team has conducted a comprehensive review of the project plans and specifications in their entirety. Through this thorough analysis of the bid documents, we have identified and carefully addressed all potential areas of concern. We are confident in our full understanding of the project's scope, the specifications we are committed to upholding, and the necessary manpower and resources required to achieve its objectives. Project Goats and Approach To ensure the successful delivery of this project, we firmly believe that effective prime contractor management is the foundation of achieving the desired outcomes. As the Prime Contractor, we understand that executing our own scope of work proficiently is only one part of the equation — the true measure of success ties in the seamless integration and progress of the project as a whole. Our project team wilt take a proactive, hands-on approach from day one, with boots on the ground to support day-to-day operations. We place high importance on site maintenance, regulatory compliance, quality control, and early identification of potential conflicts. By being deeply involved in the daily management of the site, we will streamline the execution of major tasks, reduce the risk of delays, and maintain alignment with project milestones. List of Completed Projects with Emphasis on Related Projects SH 52 and CR 37 Intersection improvements: CDOT Region 4 Completed October, 2022 Project Value: $3,200,000.00 This project entailed widening the intersection at SH52 and WCR37 to add auxiliary lanes. Both resurfacing and reconstruction methods were applied on the existing pavement to refresh the driving surface and improve sight distance. New culverts were constructed to improve drainage. CR 17 Widening to HWY 287: Larimer County Completed July 2024 Project Value: $3,000,000.00 This project entailed widening CR 17 to HWY 287 to widen bicycle lanes and extend auxiliary lanes. Widening, resurfacing and full depth roadway replacement methods were used to improve roadway safety and ride smoothness. The project included CDOT coordination and Union Pacific Rail Road crossing. A new precast box culvert was installed across CR 17and new storm water drainage system was installed. New irrigation pipe and drainage ditches were constructed and coordinated with local land owners. SH 392 Intersection Improvements: Town of Windsor Completed March, 2023 Contract Value: $5,300,000.00 This project entailed the widening of intersection SH 392 and Colorado Blvd. to add turn lanes, auxiliary lanes and improve the pavement surface of the intersection. Both new roadway construction and mill and overlay of existing pavement methods were applied. The project included the installation of a new signal pole and mast arm, installation of a 36" RCP culvert across SH 392 and reconstruction of ditches to improve drainage areas. BR 144-A Roadway Replacement and Bridge Rehabilitation: CDOT Region4 Completed October 2024 Contract Value: $1,200,000.00 This project entailed full depth roadway reconstruction to prevent further roadway deterioration from ground water damage. Subsurface was dewatered, stabilized and ground water was diverted via installation of underdrain and edge drainage system. The second component to this project was rehabilitation of BR 144-A. bridge deck sounding, removals, replacement, waterproofing and deck pavement methods were involved. Critical Project Considerations & Mitigation Strategies As part of this proposal, we have recognized several critical aspects of the project that must be carefully managed to ensure on -time, successful delivery. Below are key issues we have identified, along with our planned strategies to address them: 1. Contingency Items Contingency items, especially when involving quantity overruns, pose a significant risk to the project timeline if not properly accounted for. These overruns can jeopardize the baseline schedule and delay final completion. To mitigate this, we will develop a highly detailed and accurate schedule that clearly defines the critical path. This allows our team to identify which work activities can be rescheduled or overlapped to recover lost time, ensuring minimal disruption and maintaining overall schedule integrity. 2. Landowner Coordination Projects involving landowner coordination carry the inherent risk of delays due to concerns raised over perceived design conflicts or construction impacts. These can result in redesigns or interruptions if not managed proactively. Residing only 5 miles north of this intersection, we have long-standing relationships with all landowners within the project limits. We are uniquely positioned to engage early, maintain open communication, and resolve potential issues before they escalate. This community connection offers a distinct advantage in preserving project momentum. 3. Utility Relocations & Unforeseen Conflicts While we understand that the County has made substantial efforts to relocate all known utilities ahead of the roadway widening, we remain fully prepared for the possibility of encountering unknown or unmarked utility lines that could pose a delay to our work. Our schedule includes early -phase tasks specifically dedicated to utility conflict investigation. We will pothole all marked utilities and areas of concern, particularly where deep cuts are anticipated. Once utilities are exposed, our management team will utilize GPS data collectors to log precise elevation and coordinates. These data points will be integrated into our digital job file to identify any potential conflicts with the proposed construction activities. Allowing us to stay on the forefront and mitigate conflicts prior to any roadway removal operations. Cost Accountability Our bidding team has conducted a comprehensive review of all project specifications, drawings, notes, and special provisions associated with each bid item. In doing so, we have taken a cautious and responsible approach in interpreting the requirements, ensuring that all evident and foreseeable costs related to the proposed work are fully accounted for. We acknowledge that unforeseen conditions may arise during construction which could impact cost; however, it is not our intent to seek additional compensation due to misinterpretation or deficiencies in planning —whether on our part or that of our subcontractors. With this principle in mind, our selection of subcontractors has not been based on lowest cost, but on proven performance, schedule reliability, and their understanding of Region 4, Weld County, and the specific project requirements. We maintain a strict practice of tracking quantities on a daily basis, enabling us to monitor each item for potential overruns or scope changes. As part of our commitment to transparency and accountability, we consider it our duty to promptly notify the owner of any conditions or developments that may result in additional costs, allowing for timely and informed decision -making. Government Experience & Compliance Assurance All of our contracted work is funded through government sources, including projects with local agencies utilizing state grants, CDOT administered federally funded contracts, and direct federal engagements such as FAA projects. As a locally based business and resident contractor, the majority of our work is performed within Weld County and CDOT Region 4. Our team possesses in-depth knowledge of the requirements, documentation protocols, and procedures specific to these types of projects, and we are fully committed to ensuring compliance with all applicable guidelines. The same level of competence applies to each of the subcontractors included in our proposal. Their selection was heavily influenced by their familiarity with local requirements and their proven performance on similar government -funded projects. While we are always ready to support our subcontractors as needed, we are confident in their ability to independently adhere to required processes and documentation standards. This confidence stems from both their experience and their track record of success within this specific region and regulatory environment. Quality Control Plan Maintaining high standards of quality throughout the project is a core priority for our team. Our Quality Control (QC) approach is built on proactive planning, continuous inspection, and clear communication to ensure that all work is executed in full compliance with project specifications and regulatory requirements. From the outset, our team, with the assistance of a professional firm, will develop a detailed Quality Control Plan tailored specifically to this project. This plan will outline inspection protocols, testing procedures, documentation requirements, and hold points for critical work items. Our dedicated QC manager will be responsible for overseeing implementation, coordinating with subcontractors, and ensuring that quality expectations are met at every phase of construction. Daily inspections will be conducted to verify compliance with plans, specifications, and approved submittals. Field reports, test results, and photographic documentation will be compiled and submitted in accordance with project requirements. Any discrepancies or non -conforming work will be addressed immediately through coordinated corrective action, with full transparency to the owner and engineer. Subcontractor performance will also be closely monitored under our QC program. We will hold them to the same high standards we apply to our own crews, and ensure that any required certifications, material testing, or workmanship benchmarks are met. Our goal is not only to meet minimum quality standards, but to deliver a finished product that reflects pride in workmanship and long-term durability. By embedding quality control into our daily operations, we reduce the risk of rework, avoid costly delays, and provide assurance that the final product meets or exceeds all project expectations. Judgments and Claims There are no judgements, claims, or suits pending or outstanding against AB Underground or its affiliates. OSHA Citations There have been no citations by OSHA for violations on AB Underground or its affiliates. Liquidated Damages AB Underground has not been assessed liquidated damages on any contract. Ownership Changes There have been no changes in company ownership in the last 5 years. Location and Project Coordination As a locally owned and operated, CDOT-certified Disadvantaged Business Enterprise (DBE) based in LaSalle, Weld County, we bring a unique advantage to this project. Not only do we take great pride in contributing to equitable and inclusive participation in publicly funded infrastructure projects, our team also has an intimate understanding of the regional conditions, local stakeholders, permitting processes, and utility coordination practices specific to this area. These local ties allow us to engage more efficiently with landowners, subcontractors, and suppliers, which reduces delays and enhances communication across all aspects of the project. Furthermore, our consistent presence in Weld County and CDOT Region 4 has allowed us to build long-standing relationships with local agencies and jurisdictions. These connections, combined with our knowledge of local requirements, strengthen our ability to deliver successful projects that serve the community we live and work in. By choosing a local, certified DBE contractor, the project not only supports small business participation and diversity goals, but also benefits from the responsiveness, familiarity, and commitment of a team that genuinely cares about the long-term success of the region. Familiarity with Weld County and CDOT Specifications Our team brings extensive experience working under both Weld County and Colorado Department of Transportation (CDOT) standards, having successfully completed numerous projects within CDOT Region 4 and throughout Weld County. This familiarity allows us to confidently navigate the unique specifications, policies, and procedures that govern these agencies' projects. We understand the importance of adhering to CDOT's Standard Specifications for Road and Bridge Construction, as well as Weld County's supplemental requirements and technical standards. From material submittals and testing protocols to documentation procedures and traffic control plans, our team is fully versed in the details that drive compliance and quality assurance on these projects. Our management and field personnel are trained and experienced in CDOT and County reporting systems, inspection processes, and CMO procedures. We are also familiar with the expectations around environmental controls, utility coordination, public safety, and documentation of pay items and daily activities — all of which are critical to maintaining smooth project administration and audit readiness. This deep working knowledge ensures we can deliver a project that not only meets the technical requirements, but also aligns with the expectations of both County and State agencies, resulting in fewer administrative delays and a more efficient path to project completion. Local Knowledge of Weld County As a contractor based in Weld County, our team has a deep-rooted understanding of the area's geography, infrastructure, and community dynamics. We live and work here, which gives us a unique advantage when it comes to anticipating local conditions, working with area stakeholders, and navigating regional requirements. We are familiar with the county's road systems, drainage patterns, soil conditions, and seasonal weather impacts — all of which play a critical rote in planning and executing construction activities effectively. This insight allows us to proactively plan for challenges such as frost cycles, high wind exposure, localized runoff, and traffic volumes in both rural and urban areas of the county. Beyond physical conditions, we also understand the priorities and expectations of local agencies, residents, and landowners. Our strong working relationships with Weld County departments and utility providers help streamline coordination efforts and resolve issues quickly and efficiently. Our longstanding presence in the region reflects not just experience, but also commitment. We take pride in contributing to the growth and improvement of our local infrastructure and are dedicated to delivering high -quality work that benefits the communities we call home. Annual Operating Budget & Workforce Capacity As a well -established local contractor, our company maintains a stable and sustainable annual operating budget that supports our project commitments, workforce, and ongoing investment in equipment and infrastructure. In recent years, our average annual operating budget has ranged between 8 million to 12 million depending on the scope and volume of active projects. This financial capacity enables us to successfully manage multiple concurrent contracts, including those requiring strict compliance with government funding and regulatory standards. Our financial operations are structured to ensure consistent cash flow for labor, materials, subcontractor payments, and administrative support throughout all phases of project delivery. We currently employ a dedicated team of approximately 20 full-time staff members, including project managers, superintendents, skilled laborers, equipment operators, estimators, and administrative personnel. This experienced team allows us to self -perform a significant portion of the work and maintain tight control over schedule, quality, and safety. In addition to our core staff, we have strong working relationships with a network of reliable subcontractors and vendors, all of whom have been vetted for performance, capacity, and compliance with local and federal guidelines. List of facilities and Major Equipment Dodge Ram 2500 Ford F550 Dodge Ram 2500 Ram 1500 111'd Kenworh W -900B Chevy Dump truck Freightliner FR70 Water Truck Mack Tandem Dump Truck Case CX80 9 ton Case CX225 25 ton Case CX330 40 ton John Deere 450D 55 ton CAT 323 27 ton John Deere 50G 5 ton John Deere 470 GLC 55 ton CAT 2B9D3 Case TV370D Case TV370B Case 1V3706 Cat 140M CAT 140M Cat CS. Cat CB1.7 Volvo SD130 John Deere 860 15 CY CAT 627E 27 CY John Deere 9570R 570 HP K-Tec 1228 28 CY Case 621 C 3 CY John Deere 624 K 3.5 CY Case 721F 4 CY CAT D6 NLGP CAT D6N CAT D8 Haulmark Service Trailer Haulmark office trailer Case 20' car hauler Multiquip Wi5C Towmaster 10' dump Lee Fuel trailer Multiquip 85KM Diamond C. 40/ft Gooseneck PJ F8242 Red River L6237 Lowboy Welts Cargo 20' Enclosed Trailer Vermeer VX50-500 McElroy TrackStar 900 Dorsey Step deck Townmaster T-40 Equipment Trailer Miller Mobile Office Red River Live Bottom Trailer x 2 j',..i7'"4' ,a�, ', * .. _ *: ; Weldon Sweepmaster II Grove AP410 John Deere 8760 Blaw Knox RW-195D Trimble TSC7 Trimble MCG Trimble R750-900 Phasing Plan After reviewing the phasing plan as set forth in the Commencement and Completion of work in the project specifications, AB Underground intends to follow the phasing plan outlined in the project plans with no revisions. The bid schedule that is attached to this proposal outlines the project in greater detail with planned activities, durations and critical path. This schedule shows the dates which are achievable if the contractor and owner work together to achieve this common goal. We agree with the county's vision for construction phasing and appreciate the effort put forth to allow for complete road closures on WCR 41 which expedites the work as well as enhances overall project safety for the men and women building the project. After extensive review and analyzing of the plans and specifications we conclude the dates and durations as proposed are sufficient for the character of the work and objectives set forth for the project. Preliminary Schedule AB Underground, LLC 21269 County Road 47 Lasalle, Colorado 80645 303.720.4667 abunderground.com Project 25008 Schedule Narrative Date: April 28th, 2025 Project Name: WCR 41 and HWY 52 Intersection Improvements Project Number: AQC C030-086 Subaccount Number: 25008 Contractor Name: AB Underground, LLC Project Schedule Submittal Type: Bid Schedule Submission Revision: No Project Schedule Data Date: UTILITIES & EARTH MOVING 1. Narrative Overview The following is AB Underground, LLC's (AB) submission of the As Bid Project Schedule narrative and supporting documentation for your review and acceptance. The narrative and attachments provided herein are intended to serve as the information required by Weld County. With acceptance of this schedule, the format of this schedule and narrative and attached files will also serve as the basis for AB's future Schedule Update submissions if chosen as the contractor for the above project. Should additional information be required or if there are any comments on this material, please let us know. The project consists of Intersection improvements at WCR 41 and HWY 52. The project consists of the following work on WCR 41 in 2 phases; Complete removal of existing HMA, New storm drainage, re conditioned subgrade, new aggregate base course, HMA, signage and striping. Anticipated schedule is to begin directly after the 4. of July holiday with the closure of the north intersection per plan. Substantial completion of Phase 1 is designated for September 5th, 2025. Phase 2 would occur directly after along with the mill and overlay on HWY 52. Phase 2 has a substantial completion of October 31n, 2025. The project is designated for overall completion on October 31St, 2025. AB underground accounts for the salient features of the project as required in the bid documents in our as bid schedule for your review. Thank you again for the opportunity to bid and work with Weld County over the course of this project. 2. Schedule Summary 2.1 Contract Time: October 31St, 2025 completion Commencement of the work and start of time -count is planned for July 7th, 2025. Pre -Construction meeting is planned to start on June 27th, 2025 and will not be counted against the time -count. AB has assessed potential risks that would cause the project to fall beyond the October 31n, 2025 timeframe. Contingencies are built into this schedule in the form of weather days each month along with excavation contingency items as well. 2.2 Milestone Summary AB has included 7 milestones in the As Bid schedule They are as follows. • 06/19/2025 Notice to Proceed • 07/07/2025 Project Start • 07/07/2025 Phase 1 Start • 09/04/2025 Phase 1 Completion Project Baseline Schedule 25641 Bridge/Roadway Reconstruction (Morgan County) UTILITIES 8 SPRTFI MOVING • 09/04/2025 Phase 2 Begin • 10/28/2025 Phase 2 Completion • 10/31/2025 Project Completion 2.3 Critical Path A. Critical Path Work Activities In general, the project's critical path follows the proposed sequence of work from initial closure, excavation work, paving and traffic swap to phase 2. The dates proposed and sequence of work seem reasonable to complete this project however most activities are critical and will need to be monitored closely throughout the construction of the project. Page 2 of 2 ID 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 e Li3 LP Li) IP Task Mode IP • !y mt. !y ['ask Name Start WCR 41 and SH 52 Project Project Admin Items Submittal Period Notice to Proceed Office / Lab set up Project Completion Project Start Pre Construction Meeting Proieri PunCh List Phase 1 (North Leg of WCR 41) Phase 1 Duration Phase 1 Begin Phase 1 Completion, 87 days Thu 6/19/25 Fri 10/31/25- 87 days Thu 6/19/25 9 days 1 day 2 days 1 day 1 day 1 day 2 days 41 days 37 days d a'y' S 0 days Fri 6/20/25 Thu 6/19/25 Mon 6/30/25 Fri 10/31/25 Mon 7/7/25 Fri 6/27/25 Wed 10/29/25 Mon 6/30/25 Mon 7/7/25 Mon 7/7/25 Thu 9/4/25 Fri 10/31/25 Wed 7/2/25 Thu 6/19/25 Tue 7/1/25 Fri 10/31/25 Mon 7/7/25 Fri 6/27/25 Thu 10/30/25 Thu 9/4/25 Thu 9/4/25 Mon 7/7/25 Thu 9/4/25 Mobilization 5 days Mon 6/30/25 Tue 7/8/25 Mobilization Utility Potholing Entire Project Advanced Waming Signs / Message Boards 3 days 3 days 3 days Construction tarveying 5 days Construction Surveying / Stationing / Control Wed 7/2/25 Wed 7/2/25 Mon 6/30/25 Tue 7/8/25 Tue 7/8/25 Wed 7/2/25 Anon -6/30/25 Tue 7%8/25 Mon 6/30/25 Traffic C ontrollar 37 days Tue 7/8/25 ALThy 9/4/25 Closure / Detour Set up �.� striping/Thermo New Delineators / Signs �4 Removal of Closure / Detour 2 days 3 days 2 days 2 days Erosion Control 33 days Clearing and Grubbing / Stockpile Topsoil Seeding / Mulching Place Topsoil Temp BMP install 4 days 2 days 3 days 4 days Removals 26 days Removal of Atmos Gas Line Flow Fill Atmos Gas Sections Milling Full Depth Removal of HMA Chunking Removal of existing storm sewers 5 days 3 days 2 days 1 day 1 day Tue 7/8/25 Mon 8/25/25 Fri 8/29/25 Wed 9/3/25 Thu 7/10/25 Thu 7/10/25 Fri 8/29/25 Mon 8/25/25 Thu 7/10/25 Mon 7/14/25 Thu 7/17/25 Fri 7/25/25 Mon 7/14/25 Thu 7/17/25 Fri 7/18/25 Wed 7/9/25 Thu 8/28/25 Tue 9/2/25 Thu 9/4/25 Tue 9/2/2_5_ Tue 7/15/25 Tue 9/2/25 Thu 8/28/25 Tue 7/15/25 Fri 8/22/25 Thu 7/24/25 Tue 7/29/25 Tue 7/15/25 Thu 7/17/25 Fri 7/18/25 Eart work 22 days Mon 7/21/25 Fri 8/22/25 Subgrade Prep / Geogrid Placement Aggregate Base Course Unsuitable Material/Rock Fill Contigency Aggregate Base Shouldering Unclassified Excavation / Embankment Pipe Work Rip Rap Project: Project Schedule Date: Mon 4/28/25 2 days 5 days 4 days 1 day 4 days 13 days Fri 8/1/25 Tue 8/5/25 Mon 7/28/25 Fri 8/22/25 Mon 7/21/25 Mon 7/28/25 Wed 8/13/25 Mon 8/4/25 Mon 8/11/25 Thu 7/31/25 Fri 8/22/25 Fri 7/25/25 Wed 8/13/25 Wed 8/13/25 June 1 June 11 June 21 July 1 July 11 6/1 6/8 6/15 6/22 6129 7/6 July 21 August 1 August 11 August 21 September September September October 1 October 1' October 21 November Novert; 7/13 7/20 7/27 8/3 8/10 8/17 8/24 8131 9/7 9/14 9/21 9/28 10/5 10/12 19/19 10/2.6 11/2 11/9 j ♦ 6/19 is v♦ 7/7 r T r 7/7 f II lan 1 _ I ♦ 9/4 ►I NN ►fll t "l L Tis &mu r 1 i S's 2 10/31 Task Split Milestone • Summary Project Summary Inachve Task r _ —'1 Inactive Milestone Inactive Summary Manual Task i.. Duration only Manual Summary Rollup Manual Summary Start -only Finish -only External Tasks L J External Milestone Deadline Cntrcal a Critical Split Progress Manual Progress Page 1 I ID 44 45 46 47 ld+t tP 48 tit Or 49 l mot 50 Cj 51 t MP 52 1 MP 53 54 55 56 57 58 S9 60 !P 61 t 1 Mr 62 Lit MP • 63 l �g 64 Or 65 L Mr 66 67 !4 68 MP 69 MP 70 w:0 71 C�f`t,fir 72 hl+t !y 73 !s 74 75 !a 76 !. 77 MP 78 !� 79 ( /� 80 !• 81 !� 82 or 83 85 r• i t i Task Mode ttf tt> i A A A AA A Task Name Flared Ends / Concrete walls Install New proposed Storm PT, Duration 7 days 4 days Hot Mix Asphalt 6 days HMA Opaving GR SX Top Lift HMA Paving GR 5 Bottom lifts Phase 2 (South Leg of WCR 41, SH 52) Phase 2 Duration Phase 2 Begin Phase 2 Completion TrafNic Control Closure / Detour Set up Phase 2 Striping/Thermo Phase 2 Guardrail Install New Delineators / Signs Phase 2 Removal of Closure / Detour Phase 2 �.. 36 days 36 days 0 days 0 days Start Finish Fri 8/1/25 Mon 7/28/25 Wed 8/13/25 Iue 8/19/25 Wed R/13/25 Thu 9/4/25 Thu 9/4/25 Thu 9/4/25 Tue 10/28/25 36 days 2 days 2 days 1 day 3 days days Erosion Contro 32 days Clearing and Grubbing / Stockpile Topsoil Seeding / Mulching Place Topsoil Temp BMP install Construction Surveying Construction Surveying Monuments 3 days 2 days 3 days 4 days 2Cdays 2 days Removals 26 days Removal of Sakata Existing Driveway Milling Full Depth Removal of HMA Chunking Removal of existing storm sewers 1 day 2 days 1 day 1 day 26 days Subgrade Prep / Geogrid Placement Aggregate Base Course Unsuitable Material / Rock Fill Contigency Aggregate Base Shouldering Unclassified Excavation / Embankment Sakata Driveway Construction (Aggregate Base RAP) 2 days 5 days 4 days 1 day 4 days 2 days Pipe Work 12 days F Rip Rap Flared Ends /Concrete walls Install New proposed Storm Pipe / Manhole 1 day 7 days 3 days Hot gAix Asprawit illiammt 9 days Project: Project Schedule Date: Mon 4/28/25 HMA °paving GR SX Top Lift HMA Paving GR S Bottom Lifts Mill and Overlay SH 52 2 days 4 days 3 days Fri 9/5125 Fri 9/5/25 Wed 10/22/25 Fri 10/24/25 Mon 10/20/25 Mon 10/27/25 Tue 9/9/25 Tue 9/9/25 Thu 10/23/25 Mon 10/20/25 Tue 9/9/25 Fri 9 12 25 Fri 9/12/25 Wed 9/17/25 Fri 9/12/25 Wed 9/17/25 Thu 9/18/25 Fri 9/12/25 Mon 9/29/25 Thu 10/2/25 Tue 9/23/25 Fri 10/17/25 Wed 9/17/25 Fri 9/12/25 Tue 9/23/25 Wed 10/8/25 Fri 9/26/25 Tue 9/23/25 Thu 1-079/25 Wed 10/15/25 Thu 10/9/25 Fri 10/17/25 Mon 8/11/25 Thu 7/31/25 Thu 8/21/25_ Thu 8/21/25 Mon 8/18/25 Tue 10/28/25 Tue 10/28/25 Thu 9/4/25 Tue 10/28/25 Tue 10/28/25 Mon 9/8/25 Thu 10/23/25 Fri 10/24/25 Wed 10/22/25 Tue 10/28/25 Fri 10/24/25 Thu 9/11/25 Fri 10/24/25 Wed 10/22/25 Fri 9/12/25 Ta 10 23/25 Thu 10/23/25 Tue 10/21/2_5 Wed 9/17/25 Mon 9/15/25 Wed 9/17/25 Thu 9/18/25 Tue 10/21/25 Wed 10/1/25 Wed 10/8/25 Fri 9/26/25 Fri 10/17/25 Mon 9/22/25 Mon 9/15/25 Wed 10/8/25 Wed 10/8/25 Tue 10/7/25 Thu 9/25/25 Tue 1� 0%21/25 Thu 10/16/25 Tue 10/14/25 Tue 10/21/25 June 1 June 11 June 21 July 1 July 11 July 21 August 1 August 11 August 21 September Septembei Septembei October 1 October 1' October 21 November Noveri 611 6/8 6115 6/22 6/29 7/6 7/13 7/24 7/27 8/3 8110 8/17 8/24 81_,31 9/7 9/14 9/21 9/28 10/5 10/12 10/19 10/26 11/2 11/9 1 rimme r _ J9/4 r is i _ ern I 10/28 t T. Task Split Milestone • Summary Project Summary Inactive Task r _ • Inactive Milestone Inactive Summary Manual Task Duration -only Manual Summary Rollup Manual Summary Stan -only Finish -only External Tasks External Milestone Deadline ' c_ Critical Critical Split Progress Manual Progress Page 2 References: Mark Voorhes - Construction Manager - Larimer County Phone : 970-498-71371 Email : mvoorhes larimer.o_rg Project: CR 17 Widening to HWY 287, Fort Collins, CO. Curtin Templeman- Project Engineer - Town of Windsor Phone: 970-388-8037 Email: nte_mpleman@windsorgov.com Project: SH 392 and Colorado Blvd Intersection Improvements, Windsor, CO Michael Schleicher - Project Engineer - CDOT Region 4 Phone: 970-646-17121 Email: Michaei.sohleicher@state.co.us Project: BR 144-A Roadway Reconstruct and Bridge Rehabilitation, Fort Morgan, CO William Mihelich - District Engineer -Central CO Water Conservancy District Phone: 970-888-4772 I Email: wmihel_ich@ccwcd.org Recharge Ponds and Ground Water Transportation Systems -Weld County, CO Project Management Staff Experience: Alyson Buum - CEO, CFO - AB Underground, LLC Phone: 303-720-4667 Email: aloon@jabundergroundtcpm Experience: 10+ years of experience in construction management and business management. Responsibilities: Project management, estimating, construction scheduling, project conflict resolution, operation coordination. Oversite of contract compliance and documentation, subcontractor and vendor payments, progress billing, accounting, and certified payroll Business management, financial planning, establishing and maintaining connections with business partners, bonding, banking, insurance, establishing and maintaining vendor and client relationships. CDOT Transportation and Erosion Control Supervisor Certified Brycen Buum - General Superintendent -AB Underground, LLC Phone: 303-710-2809 I Email: brycen<, abunder ro_und.co_m Experience: 15+ years of experience in construction management and business management. Responsibilities: Daily oversite of all construction activities, scheduling, logistics, contract compliance, quality control, safety management, operation coordination, management of fleet maintenance and equipment transportation, estimating, and purchasing. Skilled equipment operator, proficient in Trimble GPS systems and project coordination and design Extensive knowledge of State, County and Federal specifications, expectations and required documentation. CDOT Transportation Traffic Control Supervisor Kyle Rademacher- Project Manager / Estimator -AB Underground, LLC Phone: 970-301-2442 I Email: krademacher@abunderground.com Education: Bachelors of Science in Construction Management from Colorado State University, 2012 Experience: 10+ years of experience in daily management and execution of multiple asphalt paving operations of interstates and state highways, Full Depth Reclamation of asphalt, cold recycle of asphalt, roto-milling, pipe and grading work. Extensive equipment operation knowledge and labor with these tasks. Responsibilities: Daily involvement with project owner's, subcontractors and superintendents, responsible for accurate submission of project required documentation, quantity tracking, productions, scheduling, pay estimates, monthly projections and project budgets. Extensive knowledge on CDOT, Weld County and federal specifications, asphalt and concrete mix designs, CP-52 procedures, form 250 compliance, Form 43 process. Manages daily contract compliance including 205 management, tracking and submitting buy America documentation, COC's and submittals. CDOT Transportation and Erosion Control Supervisor Certified Jody Boulanger- Contract CompliancTe and Certified PR -AB Underground LLC Phone: 970-616-5226 ( Email: iboOan _er c-)abunderground corn Experience: 9 years of experience in LCP tracker - Certified Payroll and contracts compliance management on Colorado DOT projects. Responsibilities: Responsible for processing payroll for all company employees on multiple certified wage reporting projects. LCP tracker approval for and oversite for alt subcontractors on various DOT projects ranging from 30-100 employees. Responsible for FHWA compliance, EEQ management, 205's and compliance reporting in 62G. Extensive knowledge of DOT and federal form requirements pertaining to vendor payments, buy America documentation and chain of custody reporting as well as state and federal tax reporting and labor laws. Closing Summary Thank you for considering our proposal. We are confident that our local knowledge, experienced team, and commitment to quality make us the right partner for this project. As a CDOT-certified DBE/SBE contractor based in Weld County, we take pride in serving our community and delivering work that meets the highest standards of safety, compliance, and craftsmanship. We welcome the opportunity to bring our hands-on approach, proven performance, and regional insight to this project, and we look forward to the possibility of working together to achieve a successful outcome. project w$dule E - Proposal Response Form Proposal Submittal Instructions The following items must be completed and submitted with your Proposal on or before the opening deadline of 10:00 a.m. on April 28, 2025: 1) Vendor's Proposal — Outlined in Schedule D 2) Schedule E: Proposal Response Form 3) Schedule H: Forms Due with Proposal 4) Any issued Addenda must be completed/acknowledged. 5) 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 Proposal may result in your Proposal being incomplete, non -responsive, and your Proposal being rejected. If there are any exclusions or contingencies submitted with your Proposal, it may be disqualified. System for Award Management (SAM) Database Proposers must be registered in the System for Award Management (SAM) database. In space below, provide the company's Dun & Bradstreet (DUNS) number. Weld County will use the SAM database to verify the company's registration and status. DUNS/UEI #: 9RH86 / CC7EL936ZD83 Fees - Proposal Schedule Provide fees for this project in the Proposal Schedule spaces below: NOTE: The following are items of work to be completed by Weld County: 1. Materials Quality Acceptance (QA) and Independent Assurance (IA) Testing. 2. Construction Inspection. Solicitation # B2500045 Page 17 Proposal Schedule Item No. Item Description Unit Proposal Quantity Unit Price ($) Total Price ($) 201-00000 Clearing and Grubbing LS 1 $ 38,500.00 $ 38,500.00 202-00010 Removal of Tree (Contingency) EACH 3 $ 3,333.00 $ 9,999.00 202-00035 Removal of Pipe LF 432 $ 16.00 $ 6,912.00 202-00036 Removal of Pipe (Abandoned Gas) LF 1,725 $ 17.25 $ 29,756.25 202-00220 Removal of Asphalt Mat (Chunking)(Full Depth)(WCR 41) SY 737 $ 17.00 $ 12,529.00 202-00240 Removal of Asphalt Mat (Planing)(Full Depth)(WCR 41) SY 8,360 $ 5.75 $ 48,070.00 202-00242 Removal of Asphalt Mat (Planing)(4-Inch Mill)(SH 52) SY 2,939 $ 7.15 $ 21,013.85 202-00250 Removal of Pavement Marking SF 1,151 $ 6.35 $ 7,308.85 202-00810 Removal of Ground Sign EACH_ 3 $ 188.75 $ 566.25 202-01000 Removal of Fence LF 106 $ 3.65 $ 386.90 203-00000 Unclassified Excavation (Contingency) CY 1,230 $ 63.00 $ 77,490.00 203=06010 Unclassified Excavation (Complete In -Place) _ _ _CY - - _ _ 3,691 -_ _ $- 28.50 _$ 105,193.50 203-00050 Unsuitable Material (Contingency) CY 1,657 $ 60.00 $ 99,420.00 203-00060 Embankment Material (Complete in Place) CY 3,314 $ 44.75 $ 148,301.50 203-00500 Rock Fill (57-67)(Contingency) CY _ 500 $ 107.00 $ 53,500.00 203-00510 Rock Fill (3 -Inch Minus)(Contingency) CY 500 $ 75.00 $ 37,500.00 203-01100 Proof Rolling HOUR 40 $ 136.00 $ 5,440.00 203-01500 Blading HOUR.. 80 $ 161.00 $ 12,880.00 203-01594 Combination Loader HOUR 40 $ 131.00 $ 5,240.00 203-01597 Utility Potholing HOUR 50 $ 305.00 $ 15,250.00 203-02330 Laborer HOUR 60 $ 55.00 $ 3,300.00 206-00065 Structure Backfill (Flow -Fill) CY 66 $ 304.00 $ 20,064.00 206-00067 Structure Backfill (Flash -Fill) CY 9 $ 248.00 $ 2,232.00 207-00700 Topsoil (Onsite) CY 3,924 $ 11.00 $ 43,164.00 207-00704 Subgrade Soil Preparation SY 21,759 $ 1.20 $ 26,110.80 208-00002 Erosion Log Type 1 (12 Inch) LF 2,468 $ 5.75 $ 14,191.00 208-00020 Silt Fence LF 5051 $ 2.00 $ 10,102.00 208-00035 Aggregate Bag LF 168 $ 8.25 $ 1,386.00 208-00046 Pre -fabricated Concrete Washout Structure (Type 1) EACH 1 $ 7,180.00 $ 7,180.00 208-00075 IPre-fabricated Vehicle Tracking Pad EACH 2 $ 13,000.00 $ 26,000.00 208-00103 Removal and Disposal of Sediment (Labor) HOUR 40 $ 142.00 $ 5,680.00 208-00105 Removal and Disposal of Sediment (Equipment) HOUR 40 $ 155.00 $ 6,200.00 208-00106 Sweeping (Sediment Removal) HOUR 80 $ 218.00 $ 17,440.00 208-00207 Erosion Control Management DAY 90 $ 375.00 $ 33,750.00 210-00010 Reset Mailbox Structure EACH 3 _ $ 633.00 $ 1,899.00 212-00702 Biotic Soil Amendments (Hydraulically Applied)(4,5001b/acre) LB 12,275 $ 1.70 $ 20,867.50 212-00706 Seeding (Native) Drill ACRE 3.9 $ 822.00 $ 3,205.80 212-00708 Seeding (Native) Broadcast ACRE 0.5 $ 1,190.00 $ 595.00 213-00004 Mulching (Weed Free Straw) _ACRE 4.4 $ 2,027.00 $ 8,918.80 216-00201 Soil Retention Blanket (Straw -Coconut) (Biodegradable Class 1) SY 404 $ 4.00 $ 1,616.00 304-06000 Aggregate Base Course (Class 6) TON 6,894 $ 36.75 $ 253,354.50 304-08000 Aggregate Base Course (Shoulder Material) TON 590 $ 57.00 $ 33,630.00 304-09100 Aggregate Base Course (RAP) TON 687 $ 47.60 $ 32,701.20 403-33841 Hot Mix Asphalt (Grading S)(100)(PG 64-22)(WCR 41) TON 5,346 $ 134.00 $ 716,364.00 403-33842 Hot Mix Asphalt (Grading S)(100)(PG 64-22)(SH 52) TON 350.5 $ 148.50 $ 52,049.25 403-34851 Hot Mix Asphalt (Grading SX)(100)(PG 64-28)(WCR 41) TON 2,162.40 $ 158.50 $ 342,740.40 403-34852 Hot Mix Asphalt (Grading SX)(100)(PG 64-28)(SH 52) TON 350.5 $ 168.75 $ 59,146.88 420-00300 Geotextile (Reinforcement) SY 21,072 $ 6.50 $ 136,968.00 506-00209 Riprap (9 Inch) CY 34 $ 405.00 $ 13,770.00 601-03000 Concrete Class D CY 5 $ 1,225.00 $ 6,125.00 602-00020 Reinforcing Steel (Epoxy Coated) LB 393 $ 6.25 $ 2,456.25 603-02180 23x14 Inch Reinforced Concrete Pipe Elliptical LF 116 $ 320.75 $ 37,207.00 603-02300 38x24 Inch Reinforced Concrete Pipe Elliptical LF _ 286 $ 340.00 $ 97,240.00 603-05118 23x14 Inch Reinforced Concrete End Section Elliptical EACH 4 $ 4,032.00 $ 16,128.00 603-05130 38x24 Inch Reinforced Concrete End Section Elliptical EACH 4 $ 4,785.00 $ 19,140.00 603-10150 15 Inch Corrugated Steel Pipe (Aluminized) LF 45 $ 250.00 $ 11,250.00 603-10180 18 Inch Corrugated Steel Pipe (Aluminized) LF 107 $ 255.00 $ 27,285.00 603-30015 15 Inch Steel End Section EACH 2 _ $ 1,740.00 $ 3,480.00 603-30018 18 Inch Steel End Section EACH 4 $ 1,780.00 $ 7,120.00 604-39001 Manhole Special (6 -ft Diameter)(Flat Top)(5-ft Deep) EACH 1 $ 9,900.00 $ 9,900.00 606-00302 Guardrail Type 3 (31 Inch Midwest Guardrail System) LF _ 65 $ 69.00 $ 4,485.00 606-00306 Guardrail Type 3 Terminal Section (Flared) ,EACH 1 $ 1,770.00 $ 1,770.00 606-01385 Transition Type 3J EACH 1 $ 181.00 $ 181.00 -02008 IEnd Anchorage {Nonflared}(MSKT Terminal EACH 5,290.00 $ 5,290.00 607-11525 Fence (Plastic)(Contingency) LF 250 $ 4.40 $ 1,100.00 607-11530 Fence (Special)(Smooth Wire)(Contingency) _ LF 96 $ 7.00 $ 672.00 612-00041 Delineator (Flexible)(Type I) EACH 4 $ 108.00 $ 432.00 612-00042 Delineator (Flexible)(Type II) EACH 10 $ 108.00 $ 1,080.00 612-00043 Delineator (Flexible)(Type III) EACH 4 $ 108.00 $ 432.00 614-00011 Sign Panel (Class I) SF 54 $ 51.00 $ 2,754.00 614-00012 Sign Panel (Class II) SF 24 $ 63.30 $ 1,519.20 614-00015 Flashing Stop Sign (36 Inch) EACH 2 $ 5,067.00 $ 10,134.00 614-00216 Steel Sign Post (2x2 Inch Tubing) LF 210 $ 38.00 $ 7,980.00 619-75000 Cast Iron Valve Box (12 Inch Valve)(Contingency) EACH 3 $ 1,850.00 $ 5,550.00 620-00002 Field Office (Class 2)(Contractor Provided) EACH 1 $ 60,000.00 $ 60,000.00 620-00012 Field Laboratory (Class 2)(Contractor Provided) EACH 1 $ 44,000.00 $ 44,000.00 620-00020 Sanitary Facility EACH 2 $ 5,000.00 $ 10,000.00 625-00000 Construction Surveying L S 1 $ 66,500.00 $ 66,500.00 626-00000 Mobilization L S 1 $ 125,000.00 $ 125,000.00 627-00008 Modified Epoxy Pavement Marking GAL 154 $ 210.00 $ 32,340.00 627-00011= Pavement-Marking=Paint (Waterborne) - ___ :. -- _ _ _ . , CA4.. 65 $ 95.00 _$ 6,175.00 627-00070 Preformed Thermoplastic Pavement Marking SF 83 $ 63.50 $ 5,270.50 627-30405 Preformed Thermoplastic Pavement Marking (Word -Symbol) SF 47 $ 63.50 $ 2,984.50 629-01001 Survey Monument (Type 1) EACH 10 $ 300.00 $ 3,000.00 629-01031 Survey Monument (Type 3A)(Contingency) EACH 1 $ 2,750.00 $ 2,750.00 629-01210 Adjust Monument Box EACH 1 $ 2,750.00 $ 2,750.00 630-00000 Flagging HOUR 500 $ 55.00 $ 27,500.00 630-00016 Traffic Control (Special) L S 1 $ 85,000.00 $ 85,000.00 630-10122 Variable Message Board EACH 4 $ 6,550.00 $ 26,200.00 630-80375 Concrete Barrier (Temporary)(Furnish and Install) LF 200 $ 120.00 $ 24,000.00 927-00170 Process Control Testing for items 203, 206, 304, 306 & 603 DAY 90 $ 1,000.00 $ 90,000.00 Note: Include all Force Account (F/A) items and amounts below in the total Proposal amount. 700-70010 F/A Minor Contract Revisions F/A 1 $ 375,000.00 $ 375,000.00 700-70016 F/A Fuel Cost Adjustment F/A 1 $ 25,000.00 $ 25,000.00 700-70019 F/A Asphalt Cement Cost Adjustment F/A 1 $ 25,000.00 $ 25,000.00 700-70023 F/A On -The -Job Trainee _ F/A -, 1 $ 6,400.00 $ 6,400.00 700-70380 F/A Erosion Control F/A 1 $ 35,000.00 $ 35,000.00 TOTAL $ 3,990,463.68 PROPOSAL AMOUNT ($) TOTAL PROPOSAL (WRITTEN WORDS): Three Million Nine Hundred Ninety Thousand Four Hundred Sixy Three and 68/100 Fees — Cost Adjustments Proposers have the option to accept Fuel and/or Asphalt Cement Cost Adjustments in accordance with CDOT Section 109 for Fuel and Asphalt Cement Cost Adjustments. To accept either of these standard special provisions, the Proposer must fill in an "X" next to the "YES" below. No Fuel or Asphalt Cement Cost Adjustments will be made due to fuel or asphalt cement cost changes for Proposers who answer "NO". If neither line is marked, the Department will assume the Proposer hasi answered "NO". After the Proposals are submitted, Proposer will not be given any other opportunity to accept or reject the Fuel and/or Asphalt Cement Cost adjustments. Fuel Cost Adjustment ❑ YES, I choose to accept Fuel Cost Adjustments for this project. Xi NO, I choose NOT to accept Fuel Cost Adjustments for this project. Asphalt Cost Adjustment YES, I choose to accept Asphalt Cement Cost Adjustments for this project. X NO, I choose NOT to accept Asphalt Cement Cost Adjustments for this project. Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The Proposal herein meets all 'the conditions, specifications and special provisions set forth in the Request for Proposal No. 82500045. 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 Proposer for the amount shown on the accompanying Proposal sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule F - Insurance and Bonds 6. Acknowledgment of Schedule G — !Weld County Contract 7. By submitting a responsive 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 Proposals, to waive any informality in the Proposals, and to accept the Proposal that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The Proposal(s) may be awarded to more than one vendor. Solicitation # B2500045 Page 23 Item Company Name: Address: Entry AB Underground LLC 21269 County Road 47. LaSall, CO 80645 Phone 303-720-4667 Email: alyson@abunderground.com FEIN/Federal Tax ID #: 81-4652768 CONTRACTOR: By: Name: Alyson Buum Title: President 04/28/2025 Date of Signature Solicitation # B2500045 Page 24 Schedule H —Forms Due with Proposal All forms in Schedule H — Forms Due at Proposal Submission must be completed and submitted with your proposal response. Failure to complete and provide all forms during the Proposal submission will result in your Proposal being considered non- responsive which will eliminate the vendor fromconsideration of award. The forms in this schedule are: 1. Bid Bond 2. IRS Form W-9 3. Title 49, CFR, Part 29 Debarment and Suspension Certification 4. Certification of Compliance with Equal Opportunity Clause Requirements 5. Statement of Qualifications and Subcorifractors 6. Contractor's Performance Capability Statement (CDOT Form #605) 7. Anti -Collusion Affidavit (CDOT Form #606) 8. Assignment of Antitrust Claims (CDOT Form #621) 9. Bidders List (CDOT Form #1413) 10.Anticipated DBE Participation Plan (CDOT Form #1414) 11. Commitment Confirmation (CDOT Form #1415) 12. Good Faith Effort Report (CDOT Form #1416) Solicitation # B2500045 Page 46 Bid Bond WCR 41 and SH 52 Intersection Improvements Project KNOW ALL MEN BY THESE PRESENTS, that we, AB Underground. LLC as Principal, hereinafter called the Principal, a limited liability company [corporation, partnership, or individual] duly authorized by law to do business in the State of Colorado, and RLI Insurance Company [Surety Company Name], a corporation duly authorized to do surety business under the laws of the State of Colorado as Surety, hereinafter called the Surety, are hereby held and firmly bound unto Weld County, Colorado as Obligee in the penal sum of Five Percent of Total Amount Bid ------- Dollars ($ -"-"""'3°�°""""""' ), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly to these presents. WHEREAS, the Principal has submitted a Proposal dated April 28 , 2025 for the WCR 41 and SH 52 Intersection Improvements Project, and if selected as the Contractor on this Project, the Principal and Surety are firmly bound and jointly and severally liable to the Owner in the penal sum described above. WHEREAS, the Owner has required as a condition for receiving said Proposal that the principal deposit with the Owner either a certified check equivalent to not less than five percent (5%) of the amount of said Proposal or in lieu thereof furnish a Proposal Bond for said amount conditioned such that in the event of failure to execute the proposed Contract for such construction if the Contract is to be awarded to him, that said sum be paid immediately to the Owner as liquidated damages and not as a penalty for the principal's failure to perform. The above obligation is void if the Principal enters into the Contract within sixty (60) days of selection of the Principal, negotiates any final terms and conditions in good faith, and has furnished all required documents for issuance of the Notice to Proceed, unless time is extended by Weld County. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this 25th day of Aoril ,2025 the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing board. Principal: AB Underground, LLC Signature: Title: Alyson L�Buum, Presdent ATTEST: By: Surety RLI Insurance Company Signature: Title: Sarah C{own, Attorney -in -Fact ATTES-9: Ashlea McCau • he Surety Witness By: f(/l j' 1 I: O�J'', 3a ; coavoaar, '.V ;SEAL) a Solicitation # B2500045 Page 47 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Todd D, Beneford. Sarah C. Brown. Donald E. Anolebv. Mark Sweigart. Grace Rasmussen Ails. Cahalan. Ashlea McCaughey. jointly or severally in the City of Greenwood Village , State of Colorado its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby confen-ed, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( 525,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, uundertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 26th day of March , 2025 . �N,,,,,CE,,,w� RLI Insurance Company *>: .,3. Contractors Bonding and Inance Company a�•oOMaMt�� _:_ i SEAL State of Illinois SS County of Peoria On this 26th day of March , 2025 , before me, a Notary Public, personally appeared Eric Raudins who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: Eric Raudins CERTIFICATE Sr. Vice President I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 25th day of April , 2025 . RLI Insurance Company Contractors Bonding and Insurance Company By: Jeffrey Glil cl Corporate Secretary A005 8D 19 Fonn (Rev. March 2024) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Go to www.irs.gov/ForrnW9 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. c'-co'3a monly o O m e o ii o ,l a„ Y- ythis UM Fntar 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.) 2 Business name/disregarded entity name, if different from above. AB Underground Check the appropriate box for federal tax classification of the entity/individual whose name is entered on fine 1. Check one of the following seven boxes. ❑ Individual/sole proprietor ❑ C corporation ❑Q S corporation ❑ Partnership ❑ Trust/estate ❑ LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) . . . . Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. ID Other (see instructions) 4 Exemptions (codes apply only to certain entities, not individuals: see instructions on page 3). Exempt payee code (if any) Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any) 3b If on line 3 . you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its. classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check box if you have any foreign partners, owners, or beneficiaries. See instructions ❑ (APPiies to accounts mainta'ned outside the United States.) 5 Address (number, street, and apt. or suite no.). See instructions. 21269 Cr.47 Requester's name and address (optional) 6 City, state, and ZIP code LaSalle, Co. 80645 7 List account number(s) here (optional) Taxpayer Identification Number MN) vniir TIN in tha anmmnriato hnv Ma TIN nmvirtart m, ict mate, t,a names nivon nn tine 1 to avniri ( Soctal 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 plow to get a UN, 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. liZel 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 fort (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 retum. 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 I Signature of 4 if, g141.412, Date 1/1/2025 Here U.S. person I 1 or `Employer identification number 8 4 6 2 7 6 8 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) Title 49, CFR, Part 29 Debarment and Suspension Certification (To be signed by authorized signatory of Bidder/Proposer) The undersigned, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past 3 years. Does not have a proposed debarment pending. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past 3 years. Has not within the past 3 years had one or more public transactions (federal, state, or local) terminated for cause or default. If there are any exceptions to this certification', ° insert the exceptions in the following space. Exceptions will not necessarily result in denial of Award but will be considered in determining Proposer's responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result,in criminal prosecution or administrative sanctions. Date: 04/28/2025 Signature President Title Solicitation # B2500045 Page 49 Certification of Compliance with Equal Opportunity Clause Requirements (To be signed by authorized signatory of Bidder/Proposer) The Bidder/Proposer certifies that (1) (it/he/shej has X has not developed affirmative action programs on file at each establishment pursuant to 41 CFR § 60-4 and (2) Whe/shej has X has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, lit/he/she] has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Date: April 28th 2025 Bidder/Proposer Name: Aiyson Buum, AB Underground LLC Signature: Title: President Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)) and must be submitted by Bidders/Proposers only in connection with contracts which are subject to the equal opportunity clause. Contracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed contractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Solicitation # B2500045 Page 50 Statement of Qualifications and Subcontractors DATE OF THIS STATEMENT: 04/28/2025 All questions herein must be answered by all bidders and the information given must be legible, clear in meaning and comprehensive. The bidder will not be given the opportunity to further explain or defend any answers beyond the time that this statement is submitted with the bid. This statement must be notarized. Questions may be answered on separate attached sheets if necessary. The Bidder may attach and submit any additional information which is believed to be pertinent to this bid. Failure to complete this form pursuant to the directions herein may be cause for rejection of the bid. All bidders are reminded that a contract for the work described in the Contract Documents will be awarded to the bidder who provides the best value as determined by the County. The County reserves the right to waive informalities: and/or irregularities and to reject any or all bids. 1. Name of Proposer: AB Underground LLC 2. Type of Entity: Colorado S Coproation 3. Permanent main office address: 21269 County Road 47. LaSall, CO 80645 Phone Number: 303-720-4667 4. Year Company was organized: 2017 Fax Number: 970-616-5226 5. Number of years this Company has been engaged similar construction: 8 6. Under what firm, company or trade names has this company been engaged in this type of construction, how long under each name and how long has each company been bonding work? AB Underground LLC, 8 years 7. List all projects that the Company has under contract at the present time. Show the contract amount and the anticipated date of completion for each: Project Name Contract Amount Completion Date CDOT SH 52 Resurfacing $ $5,100,00.00 August 2025 CDOT CR U and CR 31 $ $1,300,000.00 July 2025 North Berthoud Trail $ $850,000.00 May 2025 Solicitation # B2500045 Page 51 Wiggins Recharge Pipeline $ $2,500,000.00 June 2025 8. List all contracts which were not completed by the contracted and completion date. Include the project description and state the number of days beyond the contract completion date. None 9. List all contracts within the last 5 years for which liquidated damages were assessed or may be assessed. None 10. List all contracts within the last 5 years during which or after which the Company filed a protest with the owner. None 11. List all contracts within the last 5 years during which or after which any of the Company's subcontractors or suppliers filed a verified statement of claim with the owner or failed to provide the Company with a lien waiver upon request. None 12. Has any owner, as party to any of the Company's contracts within the last 5 years, contacted the Company's bonding company concerning late completion of the project, poor performance on the project, etc., or attempted to have the performance bond invoked? If yes, explain in detail. No 13. Describe all contracts that the Company failed to complete. None 14. Describe all contracts on which the Company defaulted or from which the Company was terminated. None Solicitation # B2500045 Page 52 Please note that we acknowlwdge our involvement as a subcontractor on the Weld CR 74 roundabout with Lawson Construction with the contract was tertnlnated. Our subcontract folllowed with the termination of the prime's. However, outwork under our subcontract was complete at the t ne of termination and are not considered responsible for their failure to perform their scope. 15. List all or a maximum of three (3) of the most recent projects, similar to the project described in these Contract Documents, which the Company has successfully completed within the last 5 years or are under construction at the present time. List the project name, location, project superintendent, owner's representative and phone number, date completed and contract amount for each project. Project Name: CDOT BR 144 A Roadway Reconstruct Location: HWY 144, Fort Morgan, CO Supt: Brycen Buum Owner's Representative: Michael Schleicher - CDOT Region 4 phone: 970-646-1712 Completion Date: October 2024 Contract Amount: $1,200,000.00 Project Name: CR 17 Widening to HWY 287 Location: CR 17 adn HWY 287, Fort Collins, CO Owner's Representative: Mark Voorhes Completion Date: July, 2024 Supt: Dylan Brellenthin Phone: 970-498-7137 Contract Amount: $3,000,000.00 Project Name: SH 392 and Colorado Blvd Intersection Widening and Improvements P1&2 Location: SH 392 and Colorado Blvd, Windsor, CO Owner's Representative: Curtis Templemen Completion Date: April, 2023 Supt: Dylan Brellenthin Phone: 970-388-8037 Contract Amount: $5,300,000.00 16. List all of the subcontractors the Company intends to use under this contract, the work that each subcontractor will do and the percentage of the Company's bid that each contractor's work comprises. If requested, those contractors being further considered for award shall furnish within 24 hours after the bid opening, a separate Statement of Qualifications completed by each subcontractor who will perform fifteen percent (15%) or more of the Work. SUBCONTRACTOR Martin Marietta WORK DESCRIPTION % OF WORK Asphalt Paving 23.7% Solicitation # B2500045 Page 53 17. List the principal members of the company who will be involved with this project, including the superintendent, foreman, project manager, etc. PERTINENT NAME EXPERIENCE Kyle Rademacher Brycen Buum Alyson Buum Coy Johnson TITLE Project Manager YRS. 13 Years Superintendent 17 Years Project Oversight 13 Years Foreman 5 Years 18. List all lawsuits previously filed against or currently pending against you, the Company or any officers of the Company. None Please note that we acknotadge our involvement in the issues that arose on the 2023 Wutld CR 74 Roundabout witth Lawson Construction We were asked to indemnify Lasson for .r failure to preform. All alleged claims agianst us were demed unmerited We were paid in full for the completion of the work under our contract and reimbursed for all attomey fees The undersigned hereby swears and affirms that the information contained herein is complete and true and further, hereby authorizes and requests any person, company, firm or corporation to furnish any information requested by the County of Weld in verification of the recitals comprising this Statement of Qualifications and Subcontractors. Dated this 28 day of April Bidder:AB Underground LIC Company Signature Name: Alyson Buum (Please Type) Title: President , 2025. Solicitation # B2500045 Page 54 NOTARY County of weld Roundabout which the was terminiated State of LotoradO Mks on mum (Name) ) ss. being duly 'sworn, deposes and says that they are �Prtside � Of CAY, UndercyrcOri (Title) (Company Name) answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this IRAN day of (-Apn, 2025. (SEAL) JODY D BOULANGER Notary Public State of Colorado Notary ID N 20204034633 My Commission Expires 10-124028 , and that the Solicitation # B2500045 Page 55 Contractor's Performance Capability Statement (CDOT Form #605) COLORADO DEPARTMENT OF TRANSPORTATION CONTRACTORS PERFORMANCE CAPABILITY STATEMENT Project Y 25006 1. List names of partnerships or joint ventures Xnone 2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement submitted to CDOT (Attach additional sheets if necessary ) a Key personnel changes Xnone b. Key equipment changes X none c Fiscal capability changes (legal actions, etc ) ►X none d Other changes that may effect the contractors ability to perform work Xnone 1 DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE Contractor's firm or company name AB Underground LLC By Daley /28/25 J Tee President 2nd Contractor's fern or company name (if joint venture) By I Date Title OT Farm Figure 2 CDOT Contractor's Performance Capability Statement Form Solicitation # 82500045 Page 56 Anti -Collusion Affidavit (CDOT Form #606) COLORADO DEPARTMENT OF TRANSPORTATION ""°''TN° AQC C030-086 ANTI -COLLUSION AFFIDAVIT �ocATloN SH 52 and CR 41 I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that 1 have written authorization, enclosed herewith, from that person to matte the stalenonts set out below on his or her behalf and on behalf of, firth I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, eommenication, or agreement for the purpose or with the effect of restricting competition with any o thin fine or person who is a bidder or potential prime bidder. 2A. Neither the price(s) no the amount of this bid have been rtiselosed to any other fimt or person who is a bidder or potential prime bidder on this poi. and will not be so disclosed prior to bid opening. 2B. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder orn this project have been disclosed to me or my fimh. 3A. No attempt has been made to solicit, cause, or induce any firth or person who is a bidder or potential prime bidder to refrain from bidding on this project, or to submit a bid higher that the bid afithis firm or any i itentonally high or non- competitive bid or other form of complementary bid. 3B. No agreement has been promised or sorrcited for any other ic= or person who is a bidder or potential prone bidder on this project to submit an intentionally high, noncom efdive, or other f oral complementary bid on this Project 4. The bid of my firm M made in good faith and not pursuant to any consultation, communication, agreg Ott or discussion with, or inducement or salutation by or from any fern or person to submit any itenlonaily high, noncompetitive or other torn of complementary bid - 5. My fum has not offered or entered into a subcontract or agreement regarding the purchase or sate of materials or services from any from or person, or offered, promised or paid cash or anything of value to any inn or person, whether in connection with this ar any other project, in consideration for an agreement or promise by any Irm or person to refrain from biddng orto submit any intention,* high, noncorrpeifive or outer for of complementary bid or agreeirig or promising to do so on this project. 6. My tortillas not accepted or been promised any subcontract onagreemert regarding the sale of materials or services to any thin or person, and has not been promised or pad rash or anything of value by any firm or person, whether in comedian with this or any other project, in consideration for my fads submitting any irdertionaly high, nohcompefiive or other form of complementary bid, or agreeing or promising to do so, on this project. 7. 1 have made a dligent Wooly dal members, officers, employees, and agents of my fret with responsrbiities relating to the preparaion, approval cc submission of my frmfs bid on this projectand have been advised by each of them that he or she has not parficipated in any cormiunication, consolation, dhscussimn, agreement, collision, or other conduct inconsistent nth any of the slatemerds and representations made in this alidavZ 8. !understand and my firm understands that any missfaternent in this affidavit is and shat be treated as a fraudulent concealment from the Colorado Department ofTransportation, tithe true facts relating to submission of bids for this contract I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, Al) ANY OTHER APPLICABLE STATE OR FEDERAL LAWS, THAT TI• E STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE. AB Underground LLC a-.�/�t I .4/28/25 "" President ar corraclara ftm a mmoam name (Ito. us.. . I D''' The SWOrn to before me this _ day of, 1 PAI , 2Q10. nmry P.tfc ON"°" .. JODY D BOULANGER Notary Public State of Colorado Notary ID $120204034633 O : This document roust be signed in ink. I My Commission Ex�nl� Figure 3 CDOT Anti -Collusion Affidavit Form Solicitation # B2500045 Page 57 Assignment of Antitrust Claims (CDOT Form #621) COLORADO DEPARTMENT OF TRANSPORTATION ASSIGNMENT OF ANTITRUST CLAIMS 25008 Contractor and Colorado Department of Transportation (CDOT) recognize that in actual economic practice antitrust violations ultimately impact on CDOT. Therefore: for good cause and as consideration for executing this contract and for receiving payments hereunder: Contractor hereby irrevocably assigns to CDOT any and all claims it may now have or which may hereafter accrue to it under federal or state antitrust laws in connection with the particular project, goods or services purchased or acquired by CDOT pursuant to this contract. 2. Contractor hereby expressly agrees. a That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's behalf an antitrust claim which has been assigned to CDOT hereunder, Contractor shall immediately acvise in writing: (1) Such third party that the antitrust claim has been assigned to CDOT, and (2) CDOT that such civil action is pending and of the date on which, in accordance with subparagraph a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to COOT; b To take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and c Promptly to pay over to CDOT its proper share of any payment under an antitrust claim brought on Contractor's behalf by any third party and which claim has been assigned to CDOT hereunder 3 Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties under the contract, Contractor shall require that each such subcontractor a Irrevocably assign to CDOT (as a third party beneficiary) any and all claims that such subcontractor may have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec- tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga- tions to Contractor; b Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf asserting an antitrust claim which has been assigned to CDOT hereunder, shall immediately advise in writing: (1) Such third party that the antitrust claim has been assigned to COOT, and (2) Contractor and CDOT that such civil action is pending and of the date on which, in accordance with subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had been assigned to CDO ; c Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to CDOT hereunder; and d Promptly pay over to COOT its proper share of any payment under an antitrust claim brought on the subcontractor's behalf by any third party and which claim has been assigned or dedicated to CDOT pursuant hereto. I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of antitrust claims. by AB Underground LLC President r4/28/25 in, ran'' Uf 1.nt . rt? ) IL a, r, COOT Form /621 1487 Figure 4 CDOT Assignment of Antitrust Claims Form Solicitation # B2500045 Page 58 Bidders List (CDOT Form #1413) COLORADO DEPARTMENT OF TRANSPORTATION BIDDERS LIST , Project Naee,Descrpion Project Number Project Cade/Sub-Account Proposal Date WCR 41 and HWY 52 AQC C030-086 I 25008 04/28/2025 C.erdractor AB Underground LLC Region 4 SubcontractorslSuppitenA Colorado Depa rnent of Transporter= to subrrsi this form may result eadorx The bidder must Est all fond seeking b pared on the (COOT) to determine off, gods for the Disadvantaged in the proposal being rejected. ; `. contract This information is used by Vie Elusiness E imprise Program Falu e Name Erna Work ProposedFirm (Select all that apply) DBE (Y/N) Setected (Y/N) Martin Marietta gary.guynn@martinmarietta coin Asphalt Paving N Y Lightfield Ent dbostrom@lightfleldenterprises.com Traffic Control Y Y Colorado Barricade Mdney@coloradobanicade com Signs N Y Ideal Fencing mattb@idealfencingcorp.com Fencing N Y All Cowboy Erosion allcowboyestimating@gmaitcom Erosion Control Y Y Westem Milling jw@wmiiling.com Milling N Y PWSI steve@pwsi.net Survey N Y f I� 1 cet61ylhatt a Wowing= wadded Wein is Mae and caneed7tblre best of my Nor ache. Name Alyson Buum Trite M President Dale 4/28/25 Wore Proposed Cadyoifss: 11 Structural Steel end Steer Reinforcement 21 1 Mortals and Supplies 12 Rip. and Anchored Reran, Wens 2 Flagging and Trallic Control 13 Landscape encl.:Leon Control 22. 3 Trucl ng and Haul, 14 Badge and Bndge Dock Construction 23 4 Precast Concrete. Foundations. and 15 Asphalt Paving 24 Fooangs 16 Road and Parting Lot Malting 25 5 Concrete Paving FleMonY end Repair f7 awe Seal Crack Seat. Joni Seal end 26 6 Lighting and ENectrncal Crack Fin 27 7 Signs Signal lnsteNabon, and Guardrail 18. Bndge Perna. and Coaang • 28. 8 Fencrng 19 Stern. and pnemeMel Metal 29 9 auradtngs and Vemcal S rector. 20 Perking Las and Commercial ...es 30 10 LlMiry. Water and Sew Lrnes This form must be submitted by the proposal deadline_ For COOT prejests, submit to odot hq_dbeformsQstate_co.us. Cleanng. Demokoon. Excaveaon and fan7n . Engrneerrngand Surveyrng Sonaces Pubic Reletaons end Involvement Piles and Deep Foundations Waste Afenayement end Recycling Site Clean Up Mecham&and HVAC Tunnel Combustion Pont, and Gondmg Envirotunentel Health and Seely COOT Form ;1413 12/19 Figure 5 CDOT Bidders List Form Solicitation # B2500045 Page 59 Anticipated DBE Participation Plan (CDOT Form #1414) COLORADO DEPARTMENT OF TRANSPORTATION ANTICIPATED DBE PARTICIPATION PLAN Bidder AB Underground LLC Project Name: WCR 41 and HWY 52 Intersection Bidder Alyson Buum ��nt `t 25008 Bidder Ph.. I 303-720-4667 Bid Submission Date: 408/25 Bidder Email: alyson@abunderground.com DBE Contract Goal: 6./c. Preferred Contact Method i Email Region. 4 �f,^Tw"t yq� L .Y - kY'e;. DBE Firm Name Work to Be Performed Commitment Amount Eligible Participation AB Underground LIC Earthwork, base placement and Storm Sewer Installation 10% 100% Total Eligible Participation 155, cm,. qt.? 0 Total Bid Amotstt1990, Total Eligible PaRitipadon Percentage COINIAITINEN7S LASTED ON THIS FORM SMALL BE BINDING ON THE BIDDER NIT UPON CONTRACT AWARD. IF THE DBE GOAL 15 2ER0. DBE OVA r"1 ON THIS " .1. This COIIAI1 1AENTS ARE OPTIONAL AND THE BIDDER REgU1RED TO UST be signed by an individual with the authority to bind the Bidder. By signing. form, penalty of perjury in the second degree and any other applicable stale or federal lags to the best your Imowledge. Further, you attest that you understand the following: CDOT shall not award a contract (or provide its concurrence to award a Local Agency sufficient to meet the DBE contract goal or else good faith efforts have been made submi bed, commitments may not be modified or terminated without the approval Form 1415 for each commitment listed above. If you have not met the contract goal, efforts to meet the contract goal. It is your responsibility to ensure that the selected participation has been property counted. Please review your projects DBE requirements parbnnaton. ANT setltion must as an authorized representative of the Bidder, you declare under that the statements made in this document are true and complete Project) until it has been determined that commbrients are to meet the goal despite falling short. Once your bid has been of COOT. If selected as the lowest apparent bidder, you shall submit a you will also be required to submit documentation of all good faith DBEs are certified fw the work to be performed and that their eligible for adbtiona - formation and nstructions on calculating eligible Name Alyson Buum I Title President I....." I Date 4/28/25 CDOT Form # 141410/20 Figure 6 CDOT Anticipated DBE Participation Plan Form Solicitation # B25OOO45 Page 60 Commitment Confirmation (CDOT Form #1415) Please note that we acknowledge our invlovement in the COLORADO DEPARTMENT OF TRANSPORTATION COMMITMENT CONFIRMATION SECTION 1. This section must be completed by the Contractor.;; Project Name: WCR 41 and HWY 52 Subaccount #: 25008 Bidder: AB Underground LLC ,Bidder Phone: 303-720-4667 Bidder Contact: Alyson Buum Bidder Email: alyson@abunderground.com DBE Firm Name: AB Underground LLC DBE Phone: 303-720.4667 DBE Address: 21269 County Road 47. LaSall, CO 80645 DBE Email: alyson@abunderground.00m Commitment Details Category Work to be Performed 1 DBE Work Code(s) Commitment Amount Eligible Participation Construction Earthwork, base placement III 237990„238910. t// . ?'7 /OJ V .J � 100% Trucking Supplies Services d qg 7 3lJ,a�� Total 577 0�/( This section must be signed by an individual with the power to contractually bind the Bidder/Contractor. You declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are complete, true and accurate to the best of your knowledge. Alyson Buum President a� �-�%��9nature 14/28/25 Bidder/Contractor Representative Title�� -� Si Date I l SECTION 2. This section must be completed by the DBE. (Attach additional pages if necessary). This document is not a contract with the Bidder/Contractor, it is an acknowledgement of the obligation that the Bidder/Contractor is making to CDOT. The amounts listed above may be less than the subcontractor or purchase order amount, but can never be more, and shall not reflect any mark up by the Bidder/Contractor. All questions must be answered. Are you contracting directly with the Bidder/Contractor or with ' one of its subcontractors' If with a subcontractor, provide the I firm name_ Yes - bidder is the DBE contractor Will you be purchasing supplies or materials or leasing or renting equipment from the Bidder/Contractor or its subcontractors? If so, explain. No - Bidder is the DBE contractor Do you intend to subcontract any portion of the work listed above? If yes, state to which firms, what work and the approximate amount. Include trucking subcontractors and owner -operators. No Will you be providing trucking services on this project? If so, ! state how many of your own trucks and employees you will have on this project No Who within your firm will be supervising and responsible for your firrn's work on this project? Alyson Buum Will you be acting as a broker on this project? If so, state what you will be brokering and your approximate brokerage fee. No 1 of 2 CDOT Farm # 141501/14 Solicitation # 82500045 Page 61 Will you be acting as a supplier on this project? If so, please state what you will be supplying and whether you will manufacture the items. No This section must be signed by an individual with the power to contractually bind the DBE You declare under penalty of perjury in the second degree and any other applicable state or federal laws that the statements made in this document are complete, true and to the best of your knowledge. You attest that you are eligible to participate as a DBE on this contract for the work listed above and have the capacity to perform the work as stated. Alyson Bum President I / 14/28/25 DBE Representative Title l Si nature Date I Review your project's DBE requirements for additional instructions on completing and submitting this form. Questions may also be directed to the CDOT Civil Rights & Business Resource Center at (303) 757-9234 or by email at dot_civilrights@state.co.us. SECTION 3. This section must be completed by Region Civil Rights Specialist or Civil Rights and Business Resource Center staff member I Name I Title I Approved or Denied Date of Decision Pre -award CDOT projects: This form should be uploaded with the Utilization Plan and submitted electronically to the Civil Rights & Business Resource Center via B2GNow. Pre -award local agency projects: Submit this form to the local agency that will be awarding the project. COOT M4151040 2of2 Figure 7 CDOT Commitment Confirmation Form CDOT Form # 1415 01/14 Solicitation # B2500045 Page 62 Good Faith Effort Report (CDOT Form #1416) COLORADO DEPARTMENT OF TRANSPORTATION GOOD FAITH EFFORT REPORT Section 1. Contractor and Project Information Bidder: AB Underground Project: AQC C030-086 Address: Oil. nniin,* Rpari 47 Reject Cede. 25008 Contact Name' Alyson Rtlum Proposal Amount: iraer90, 963. to B Contact Phone: 303-720-4667 Contract Goal 'Percentage: 6% Contact Email: alvsonaabunderground.com contract Goal Dollar value: at 03,, y,a? . as Section Z. Efforts to Achieve DBE Participation. Attach a narrative Met answers the questions be. and Quote Summary). Provide any supporting documentation which demaistrates your good faith efforts. complete Page 2 (Subcontractor a. Describe your overall plan or approach to meeting the contract goel, Include how much and what work and what work you intend to subcontract; what work areas were identified as subcontracting opportunifies of DBEs per area. b. Describe your efforts to obtain DBE participation (i.e. how you attempted to execute your plan or approach Include direct outreach (state the DBE solicited, date(s) and method of phone, email or fax); indirect outreach communication with minority and other organizations that you conducted,to reach DBEs (state date(s), location made to assist DBEs in competing for or obtaining contracts (accepting,' quotes from DBEs that may be higher modifications to contract scopes, unbundling, mentoring, etc.); and obstacles you encountered in assisting shall not be a reason to reject a DBE and will be considered in the evatu8tion of Page 2. c. If the eligible participation submitted on the Fonn 1414 was miscalt:Ulated, determined to be invalid, goal, provide your justification for such deficiencies and the remedies you have taken or intend to take to obtained any additional commitments since submission of the bid, attach the Form 1415(s) and the reason obtained prior to the proposal due date. you intend to self -perform; how much for DBEs; and the approximate number to meeting the contract goal). such as events, publications, and/or and audience); other efforts you than other subcontractors, or contracting with DBEs. Cost alone or otherwise did not meet the contract avoid the issue in the future. If you have why such commitments were not Section 3. Affidavit of Good Faith Efforts. The Bidder must show that it took all necessary and reasonable goal which by their scope, intensity and appropriateness to the objective, could reasonably be expected to even if not fully successful. 49 CFR Part 26, Appendix A sets forth examples and guidance for good faith the examples provided in 49 CFR Part 26, Appendix A and may provide any documentation that demonstrates participation on this contract. If, at any time, COOT has reason to believe that any person or firm has'willfully and Imowingly provided incorrect statements. CDOT may initiate suspension or debarment proceedings against the person or firrn under 49 under 49 CFR Part 31, Program Fraud and Civil Remedies, and/or refer%he matter to the Department of Justice for criminal prosecution under 18 U.S.C 1001, which prohibits false statements in Federal program. By signing below, the Bidder hereby affirms that it has made good faith efforts and has documented all such supparting documentation. y� I. ckY� RJU'M am the r"I+•c.(5).A6 ue422-�itiouvb steps to achieve the DBE contract obtain sufficient DBE participation, efforts. The contractor is not limited to good faith efforts to obtain DBE information or made false CFR Part 29, take enforcement action or Office of the Inspector General efforts in this form and the attached Representative Name Title Company I have the authority to make this affidavit for and on behalf of my company All information provided company's i efforts is an to the best of my� a e herein # and attached as evidence of my - - Signature Date Notarizatioon.:t Ii ti be completed by a licensed notary. County of W State of t b Subscribed and savor Notary Signature Notary Address tore a day �0 of rA17Y1, JCRALo BOULANGEF Notary Public State of Colorado Notary ID 4 20204034635 My Commission Expires 10-12• Ox tech lit 133661. COOT projects: Submit this form and all supporting documentation to the COOT Civil Rights and Business 9019. All originals must be sent to: COOT Civil Rights and Business Resource Center, 4201 E. Arkansas Local agency projects: Submit this form and all supporting documentation to the local agency. All Rights and Business Resource Center, 4201 E. Arkansas Ave Room 150. Denver, Resource Center via fax to (303)757 Ave. Room 150, Denver, CO 80222, originals must be sent to: CDOT Civil CO 80222. Pege 1 of 2 1028 COOT Form #1416 01/14 Solicitation # B2500045 Page 63 Subcontractor Quote Summary (Attach additional pages if necessary.) Subcontractor DBE (Y/N) Work Type(s) Quote Amount Selected (WN) Reason Page 2 of 2 Figure 8 CDOT Good Faith Effort Report Form CDOT Forrn #1416 01/14 Solicitation # 82500045 Page 64 Subcontractor DBE (Y/N) Work Type(s) Quote Amount Selected (Y/N) Reason Martin Marrietta Materials N Asphalt $ 930,212.34 Y Selected as low bid and also as experienced paving company with Weld County and CDOT Lightfield Enterprises Inc Y Traffic Control $ 114,640.00 Y Selected as low bid but have a good working relationship with this subcontractor through various projects All Cowboy Erosion Control Y Erosion Control $ 86,469.00 Y Selected as full package erosion control sub to manage SWMP and temp BM Ps Colorado Barricade Co. N Signs/Striping $ 76,927.00 Y Selected as low bid for both packages Ideal Fencing Corporation N Guardrail $ 9,370.00 Y Selected as low bid for the guardrail package Western Milling LLC N Milling $ 39,184.00 Y Selected as low bid for the milling. Extensive experience with CDOT work PWSI Professional Land Surveyors N Survey $ 60,000.00 Y Extensive experience with CDOT work Coulson Excavating N 1 Asphalt / Milling $ 1,068,178.00 N Was not low bid on either package Arnolds Ag N Erosion Contrgt $ 49,504.00 N Did not quote entire package with Management Drexel, Barrell and Co N Survey $ 61,250.00 N Not Low bid DCG Enterprises Y Traffic Control, $ 125,840.00 N Not Low Bid on Traffic Control Addendum # 1 Solicitation Request Number 2500045 WCR 41 and SH 52 Intersection Improvements Project This document has been reviewed for accessibility requirements in Microsoft WORD. This document passes the accessibility check provided by Microsoft WORD. The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: 1. Contractor Questions and Responses 2. Revised Bid Specifications (Separate File) — "BID SPECS — WCR 41 and SH 52 Intersection Improvements Project RFP 4-2-25 Final (Addendum 1).docx The revisions to the bid specifications include: a) Pages 2 and 3 — Corrected Table of Contents page number references. b) Page 4 - Correction of the Mandatory Pre -Proposal Conference date from April 10, 2025 to April 16, 2025. All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored. Addendum Acknowledgement ***A skirled copy must be submitted with your bid. Thank vou!*** Company Name: 46 ( kate6 ahy e Signature: �. Name: /4/c ffd gut/v/4 Title: f �.. -ce „,/r Addendum #1 Date: April 4, 2025 y/2gig s Date of Signature Addendum # 2 Solicitation Request,Number B2500045 WCR 41 and SH 52 Intersection Improvements Project This document has been reviewed for accessibility requirements in Microsoft WORD. This document passes the accessibility check provided by Microsoft WORD. The following shall be incorporated into the CONTRACT DOCUMENTS, for the above -referenced PROJECT: 1. Contractor Questions and Responses 2. DBE Contract Goal 3. Revised Sheets 8 and 9 of Attachment 4 - Construction Plan Set (Revision Date: April 22, 2025) All other terms and conditions of the CONTRACT DOCUMENTS shall remain unchanged. BIDDER must acknowledge receipt of this addendum in the space provided in the BID. Failure to acknowledge receipt of an Addendum result in the BID not being reviewed or scored. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank vour** Company Name: /15 UmactAgye ylaBigc Date of Signature Signature: Name: ,i4/yd* )..! gutir1 t. Title: re-re Addendum #2 Date: April 22, 2025 Bond No. RCB0051552 Performance Bond (Page 1 of 2) WCR 41 and SH 52 Intersection Improvements Project KNOW ALL MEN BY THE PRESENTS; that AB Underground, LLC (Name of Contractor) 21269 County Road 47. La Salle. CO 80645 Address of Contractor) Limited Liability Company , hereinafter called Contractor, and a (Corporation, Partnership, or Individual) RLI Insurance Company (Name of Surety) 9025 N. Lindbergh Drive, Peoria, IL 61615 (Address of Surety) hereinafter called surety, are held, and firmly bound unto Weld County. Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of three million nine hundred ninety thousand four hundred sixty three dollars and sixty eight cents, ($3,990,463.68). in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered a certain Contract with the Owner, dated the day of 2025, a copy of which is hereto attached and made a part hereof for the construction of: WCR 41 and SH 52 Intersection Improvements Project. described in the Solicitation Number: B2500045. NOW THEREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. Performance Bond (Page 2 of 2) WCR 41 and SH 52 Intersection Improvements Project PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this I day of , 2025. AB Underground, LLC Contractor Not Applicable B 0, PP YL (Contractor) Secretary (SEAL) dness ontractor 269 Co ty Road 47 (Address) 21269 County Road 47 La Salle, CO 80645 La Salle, CO 80645 RLI Insurance Company ATTEST: Not Applicable i' .Brown Attorney -in -Fact By 1,`, 4A- .ilk Ashlea McCaughey, Surety_Nitness% 9025 N. Lindbergh Drive 7600 East Orchard Road, Suite 230 South (Address) Peoria, IL 61615 Greenwood Village, CO 80111 NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. Bond No. RCB0051552 Labor & Materials Payment Bond (Page 1 of 2) WCR 41 and SH 52 Intersection Improvements Project KNOW ALL MEN BY THE PRESENTS; that AB Underground, LLC (Name of Contractor) 21269 County Road 47, La Salle, CO 80645 (Address of Contractor) Limited Liability Company Contractor, and a (Corporation, Partnership, or Individual) RLI Insurance Company , hereinafter called (Name of Surety) 9025 N. Lindbergh Drive, Peoria, IL 61615 (Address of Surety) hereinafter called surety, are held and firmly bound unto Weld County, Colorado (Name of Owner) P.O. Box 758, 1111 H Street, Greeley, Colorado 80632 (Address of Owner) hereinafter called Owner, in the penal sum of three million nine hundred ninety thousand four hundred sixty three dollars and sixty eight cents, ($3,990,463.68), in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Contractor entered a certain Contract with the Owner, dated the day of , 2025, a copy of which is hereto attached and made a part hereof for the construction of: WCR 41 and SH 52 Intersection Improvements Project described in the Solicitation Number: B2500045. NOW, THEREFORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors, and corporations fumishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Labor & Materials Payment Bond (Page 2 of 2) WCR 41 and SH 52 Intersection Improvements Project PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in two (2) counterparts, each one of which shall be deemed an original, this day of , 2025. AB Underground, LLC Contractor Not Applicable (Contractor) Secretary (SEAL) 21269 County Road 47 (�� 21269 County Road 47 (Wit ess as to Coractor) (Address) (Address) La Salle, CO 80645 ATTEST: Not Applicable La Salle, CO 80645 RLI Insurance Company 7600 East Orchard Road, Suite 230 South Greenwood Village, CO 80111 (Address) By// ,y ‘� Atterliey-in-Fact Sarah C. Brown 9025'N. Lindbergh Drive Peoria, IL 61615 (Address) NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners shall execute Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Todd D. Bengford. Sarah C. Brown, Donald E. Appleby, Mark Sweijart. Grace Rasmussen, Alissa Cahalan. Ashlea McCaughey. jointly or severally in the City of Greenwood Village State of Colorado its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( 525,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attomey in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attomeys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The j signature of any such officer and the corporate seal may be printed by facsimile." J IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 26th day of March , 2025 . ",,,,,,,,,,,,,, RLI Insurance Company pPP`NC!C''ha Contractors Bonding and Insu5ance Company „SEAL.. . SY Eric Raudins Sr. Vice President State of Illinois SS County of Peoria On this 26th day of March 2025 , before me, a Notary Public, personally appeared Eric Raudins , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Y/A- /4* -- Jill A. Scott Notary Public / it -47'r, JILL A SCOTT Notary Publ+c State o/ Ohb ��t�s«' o` Sep:ember22.2025 058)145020212 CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this day of ,_1025_- RLI Insurance Company Contractors Bonding and Insurance Company By: Jeffrey is Corporate Secretary A0058D19 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 6025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY: AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NFP Property & Casualty Services Inc. 5655 S Yosemite Street #200 Greenwood Village CO 80111 )CONTACT NAME: PNONE Fax 'I No. Ertl: 303-867-2055 Ira No 303-867-2074 I LIDVEss: olson-certificates@nfp.com INSURER(S) AFFORDING COVERAGE NAIC 1f INSURER A: The Phoenix Insurance Company 25623 INSURED ASUNDER -01 AB Underground, LLC 21269 County Road 47 4 La Salle CO 80645 1 INSURER B : PlnnaCOl Assurance Company 41190 i INSURER C : Travelers Property Casualty Company of America 25674 INSURER D : SiriusPoint Specialty Insurance Corporation 16820 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1525115935 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 INSD WVD POLICY NUMBER POLICY EFF {MM/DD/Y; POLICY EXP IailgYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE EI OCCUR DTCO0R000287PHX25 ` 6/1/2025 611/2026 EACH OCCURRENCE $1,000,000 PREM SES (Ea oNcurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY EI JEC7 LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY SCHEDULED AUTOS X NON -OWNED AUTOS ONLY 8100R0020592526G 6/1/2025 6/1/2026 COEaMESINGLE LIMIT (aBINccideDnU $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE (Per axident) $ C X UMBRELLA LIAB EXCESS UAB X OCCUR CLAIMS -MADE CUP0R0022192526 6/1/2025 6/1/2026 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED I X I RETENTION $ s1,non g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETORIPART'illa ECUTIVE OFFICERIMEMBEREXCLUDED? � (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 4202306 6/1/2025 6/1/2026 X I STATUTE I I ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional/Pollution CPPLD000242200 6/1/2025 6/1/2026 Each Incident Aggregate 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) 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 ACCORDANCE WITH THE POLICY PROVISIONS. Board of Commissioners, on behalf of Public Works 1150 O Street, AUTHORIZED REPRESENTATIVE B Greeley, CO 80632 I dQ�l � ls&LW ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ABUNDER-01 LOC #: ACORO® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED NFP Property & Casualty Services Inc. AB Underground, LLC 21269 County Road 47 La Salle CO 80645 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE CONTRACTUAL LIABILITY APPLIES PER POLICY TERMS AND CONDITIONS. A WRAP EXCLUSION APPLIES PER POLICY TERMS AND CONDITIONS. Other Coverages: LEASED/RENTED EQUIPMENT: Policy Number: QT6304S165963TIL25 Policy Effective Date: 6-1-2025 to 6-1-2026 Insurer: Travelers Prop Cas Co of Amer (NAIC # 25674) Limit: $370,000 Deductible: $2,500 except Theft Deductible $10,000. Blanket loss payee applies. HAULING PROPERTY OF OTHERS: Policy Number: QT6304S165963TIL25 Policy Effective Date: 6-1-2025 to 6-1-2026 Insurer: Travelers Prop Cas Co of Amer (NAIC # 25674) Limit: $250,000 Deductible: $2,500 GENERAL LIABILITY: CGD246 Form Attached Includes: Blanket Additional Insured — Ongoing Operations status when required by written contract. Blanket Additional Insured — Competed Operations status when required by written contract. CGT100 Form Attached Includes: Blanket Primary & Non -Contributory status to Additional insured applies when required by a written contract. Blanket Additional Insured for Various Relationships when required by written contract or written agreement. CGD316 Form Attached Includes: Blanket Additional Insured — Governmental Entities when required by written contract or written agreement. Blanket Waiver of Subrogation applies when required by written contract. AUTO LIABILITY: CAT353 Form Attached Includes: Blanket Additional Insured status applies when required by written contract. Blanket Waiver of Subrogation applies when required by written contract. CAT474 Form Attached Includes: Blanket Primary & Non -Contributory status to Additional insured applies when required by a written contract. WORKERS COMPENSATION WC000313 Form Attached Includes: Blanket Waiver of Subrogation applies when required by written contract. UMBRELLA LIABILITY Umbrella Liability policy is on a follow form basis for the following underlying insurance coverages: General Liability, Automobile Liability and Employers Liability. E00001 Form Attached Includes: Additional Insured status including Primary and Non -Contributory status when required by written contract. Blanket Waiver of Subrogation applies when required by written contract. IMPORTANT: The policy forms referenced will be sent via email only. To obtain copies, please send your request with the email address to olson-certificates@nfp.com Project: WCR 41 and SH 52 Intersection Improvements Project (CDOT #25008) Additional Insured(s): Colorado Department of Transportation Weld County, Colorado, its elected officials, its subsidiary, associated and/or affiliated entities, successors, or assigns, employees, agents, and volunteers to be named as an additional named insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: CG D2 46 0419 © 2018111e Travelers Indemnity Company. All rights reserved. Paae 1 of 2 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the claim or "suit" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. Paae 2 of 2 (4) Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. © 2018 The Travelers Indemnity Company. All riahts reserved. CG D2 46 0419 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.! A. Who Is An Insured — Unnamed Subsidiaries B. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations PROVISIONS A. WHO IS AN INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION II - WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sole owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury' or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II — Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: CG D316 0219 C. Incidental Medical Malpractice D. Blanket Waiver Of Subrogation E. Contractual Liability — Railroads F. Damage To Premises Rented To You a. An organization other than a partnership, joint venture or limited liability company; or b. A trust; as indicated in its name or the documents that govem its structure. B. BLANKET ADDITIONAL INSURED - GOVERNMENTAL ENTITIES - PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION 11 - WHO IS AN INSURED: Any govemmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such govemmental entity does not apply to: a. Any "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the govemmental entity; or b. Any "bodily injury" or "property damage" included in the "products -completed operations hazard". © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes coovriahted material of Insurance Services Office. Inc.. with its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician or paramedic; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury' or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of Page 2 of 3 pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related fumishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" for "bodily injury' that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement. E. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; © 2017 The Travelers Indemnity Company. All rights reserved. CG D316 0219 Includes coovriahted material of Insurance Services Office. Inc.. with its permission. COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. F. DAMAGE TO PREMISES RENTED TO YOU The following replaces the definition of "premises damage" in the DEFINITIONS Section: "Premises damage" means "property damage" to: CG D3 16 0219 a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. © 2017 The Travelers Indemnity Company. All rights reserved. Includes copvriahted material of Insurance Services Office. Inc.. with its permission. Page 3of3 COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I - COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury' or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury' or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury' and "property damage" only if: (1) The "bodily injury' or "property damage" is caused by an "occurrence" that takes place in the "coverage territory; (2) The "bodily injury' or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury' or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury' or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. CG T1 00 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 21 Includes coovriahted material of Insurance Services Office. Inc. with its oermission. COMMERCIAL GENERAL LIABILITY e. Damages because of "bodily injury' include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury'. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury' or "property damage" expected or intended from the standpoint of the insured. This elusion does not apply to "bodily injury' or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury' or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "bodily injury' or "property damage", provided that: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury' or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This mlusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury' to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury' if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that Page 2 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes coovriahted material of InsuranCe Services Office. Inc. with its permission. COMMERCIAL GENERAL LIABILITY is used to heat, cool or dehumidify the building, or produced by or originating from equipment that is used to heat water for personal use by the building's occupants or their guests; (ii) "Bodily injury' or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) If such "pollutants" are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury' or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury' or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury' or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are or were at any time performing operations to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or CG T1 00 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 3 of 21 Includes coovriahted material of Insurance Services Office. Inc. with its permission. COMMERCIAL GENERAL LIABILITY g. (b) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry any person or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury' or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify as "mobile equipment" under the definition of "mobile equipment" if such land vehicle were not subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged; or j� (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or property for a charge. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage" arising out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; Page 4 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. Includes coovriahted material of Insurance Services Office. Inc. with its permission. CG T1 00 0219 COMMERCIAL GENERAL LIABILITY (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "premises damage". A separate limit of insurance applies to "premises damage" as described in Paragraph 6. of Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property' or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or evense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adj<lastment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property'; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury' arising out of "personal and advertising injury'. p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". However, this exclusion does not apply to liability for damages because of "bodily injury". q. Unsolicited Communication "Bodily injury" or "property damage" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication". r. Access Or Disclosure Of Confidential Or Personal Information "Bodily injury' or "property damage" arising out of any access to or disclosure of any person's or organization's confidential or personal information. Asbestos (1) "Bodily injury" or "property damage" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos, provided that the "bodily injury' or "property damage" is caused or contributed to by the hazardous properties of asbestos. CG T1 00 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 21 Includes convriahted material of Insurance Services Office. Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) "Bodily injury' or "property damage" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or "suit" which also alleges any "bodily injury" or "property damage" described in Paragraph (1) above. (3) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, asbestos, asbestos fibers or products containing asbestos; or (b) Claim or suit by or on behalf of any govemmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, asbestos, asbestos fibers or products containing asbestos. t. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practice, policy, act or omission, such as coercion, demotion, evaluation, reassignment, discipline, failure to promote or advance, harassment, humiliation, discrimination, libel, slander, violation of the person's right of privacy, malicious prosecution or false arrest, detention or imprisonment applied to or directed at that person, regardless of whether such practice, policy, act or omission occurs, is applied or is committed before, during or after the time of that person's employment; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment -related practices described in Paragraph (a), (b), or (c) above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the "bodily injury". Exclusions c. through n. do not apply to "premises damage". A separate limit of insurance applies to "premises damage" as described in Paragraph 6. of Section III — Limits Of Insurance. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "personal and advertising injury' caused by an offense arising out of your business but only if the offense was committed in the "coverage territory' during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury' caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury'. Page 6 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY This exclusion does not apply to "personal injury' caused by malicious prosecution. b. Material Published With Knowledge Of Falsity "Personal and advertising injury' arising out of oral or written publication, including publication by electronic means, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Or Used Prior To Policy Period (1) "Personal and advertising injury" arising out of oral or written publication, including publication by electronic means, of material whose first publication took place before the beginning of the policy period; or (2) "Advertising injury' arising out of infringement of copyright, "title" or "slogan" in your "advertisement" whose first infringement in your "advertisement" was committed before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury' arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury' for which the insured has assumed liability in a contract or agreement. This mlusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Because of "personal injury" assumed by you in a contract or agreement that is an "insured contract", provided that the "personal injury" is caused by an offense committed subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of "personal injury", provided that: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed by you in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party CG T1 00 0219 j. against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. f. Breach Of Contract "Advertising injury' arising out of a breach of contract. g. Quality Or Performance Of Goods — Failure To Conform To Statements "Advertising injury' arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". i. Intellectual Property "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any of the following rights or laws, or any other "personal and advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation: (1) Copyright; (2) Patent; (3) Trade dress; (4) Trade name; (5) Trademark; (6) Trade secret; or (7) Other intellectual property rights or laws. This exclusion does not apply to: (1) "Advertising injury' arising out of any actual or alleged infringement or violation of another's copyright, "title" or "slogan" in your "advertisement"; or (2) Any other "personal and advertising injury' alleged in any claim or "suit" that also alleges any such infringement or violation of another's copyright, "title" or "slogan" in your "advertisement". Insureds In Media And Internet Type Businesses "Personal and advertising injury" caused by an offense committed by an insured whose business is: (1) Advertising, "broadcasting" or publishing; © 2017 The Travelers Indemnity Company. All rights reserved. Page 7 of 21 Includes coovriahted material of Insurance Services Office. Inc. with its permission. COMMERCIAL GENERAL LIABILITY (2) Designing or determining content of websites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a.(1), (2) and (3) of the definition of "personal injury'. For the purposes of this exclusion: (1) Creating and producing correspondence written in the conduct of your business, bulletins, financial or annual reports, or newsletters about your goods, products or services will not be considered the business of publishing; and (2) The placing of frames, borders or links, or advertising, for you or others anywhere on the Internet will not, by itself, be considered the business of advertising, "broadcasting" or publishing. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts or owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury' arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury" arising out of: (1) War, including undeclared or civil war, (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govemment, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Unsolicited Communication "Personal and advertising injury" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication". q. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information. r. Asbestos (1) "Personal and advertising injury' arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos, provided that the "personal and advertising injury' is caused or contributed to by the hazardous properties of asbestos. (2) "Personal and advertising injury" arising out of the actual or alleged presence or actual, alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or "suit" which also alleges any "personal and advertising injury" described in Paragraph (1) above. (3) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or Page 8 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes coovriahted material of Insurance Services Office. Inc. with its permission. COMMERCIAL GENERAL LIABILITY assess the effects of, asbestos, asbestos fibers or products containing asbestos; or (b) Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, asbestos, asbestos fibers or products containing asbestos. Employment -Related Practices "Personal injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practice, policy, act or omission, such as coercion, demotion, evaluation, reassignment, discipline, failure to promote or advance, harassment, humiliation, discrimination, libel, slander, violation of the person's right of privacy, malicious prosecution or false arrest, detention or imprisonment applied to or directed at that person, regardless of whether such practice, policy, act or omission occurs, is applied or is committed before, during or after the time of that person's employment; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal injury' to that person at whom any of the employment -related practices described in Paragraph (a), (b), or (c) above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the "personal injury'. COVERAGE C— MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory' and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury': a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. CG T1 00 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 9 of 21 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PAYMENTS 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to fumish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of eamings up to $500 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been g. assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance • available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverages — Coverage A — Bodily Injury And Property Damage Liability or Paragraph 2.e. of Section 1 — Coverages — Coverage B — Personal And Advertising Injury Liability, such payments will not be deemed to be damages for "bodily injury', "property damage" or "personal injury', and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: Page 10 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes coovriahted material of Insurance Services Office. Inc. with its Permission. COMMERCIAL GENERAL LIABILITY a. We have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer CG T1 00 0219 workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury' arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by, you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization, while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. © 2017 The Travelers Indemnity Company. All rights reserved. Page 11 of 21 Includes coovriahted material of Insurance Services Office. Inc. with its permission. COMMERCIAL GENERAL LIABILITY d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Any person or organization that, with your express or implied consent, either uses or is responsible for the use of a watercraft that you do not own that is: (1) 50 feet long or less; and (2) Not being used to carry any person or property for a charge. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section 11 — Who Is An Insured, each such organization will be deemed to be designated in the Declarations as: a. An organization, other than a partnership, joint venture or limited liability company, or b. A trust; as indicated in its name or the documents that govern its structure. 4. Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" that: a. Is "bodily injury' or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following provisions: The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or "personal and advertising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor. 5. Any person or organization that is an equipment lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury', "property damage", or "personal and advertising injtary'that: a. Is "bodily injury" or "property damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: The limits of insurance provided to such equipment lessor will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury' or "property damage" that occurs, or "personal and advertising injury" caused by an offense that is committed, after the equipment lease expires. No person or organization is an insured with respect to the conduct of any current or past partnership, joint Page 12 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes coovriahted material of Insurance Services Office. Inc. with its permission. COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Section II — Who Is An Insured. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and "advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C; because of all "bodily injury' and "property damage" arising out of any one "occurrence". For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit" CG T1 00 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Includes coovriahted material of Insurance Services Office. Inc. with its permission. • Page 13 of 21 COMMERCIAL GENERAL LIABILITY (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. The following provisions apply to Paragraph a. above, but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or l offense must be given as soon as L practicable only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, or limited liability company), any of your trustees who is an individual (if you are a trust) or any "employee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture, limited liability company or trust, and none of your partners, joint venture members, managers or trustees are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after !, the "occurrence" or offense is known by: (a) Any individual who is: (i) A partner or member of any partnership or joint venture; (ii) A manager of any limited liability company; (iii) An executive officer or director of any other organization; or (iv) A trustee of any trust; that is your partner, joint venture member, manager or trustee; or (b) Any employee authorized by such partnership, joint venture, limited liability company, trust or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons described in Paragraph e.(1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this policy includes an endorsement that provides limited coverage for "bodily injury' or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a requirement that the discharge, release or escape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, and the claimant or the claimant's legal representative. Page 14 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. Includes coovriahted material of Insurance Services Office. Inc. with its permission. CG T1 00 0219 COMMERCIAL GENERAL LIABILITY 4. Other Insurance If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part, other insurance means insurance, or the funding of losses, that is provided by, through or on behalf of: (i) Another insurance company; (ii) Us or any of our affiliated insurance companies, except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section III — Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section III — Limits of Insurance applies because the Amendment — Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy; (iii)Any risk retention group; or (iv)Any self-insurance method or program, in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance, or excess insurance, that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part, other insurer means a provider of other insurance. As used in Paragraph c. below, insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below, except when Paragraph d. below applies. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: CG T1 00 0219 (i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is insurance for "premises damage"; (iii) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to any exclusion in this Coverage Part that applies to aircraft, "autos" or watercraft; (iv) That is insurance available to a premises owner, manager or lessor that qualifies as an insured under Paragraph 4. of Section II — Who Is An Insured, except when Paragraph d. below applies; or (v) That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section II — Who Is An Insured, except when Paragraph d. below applies. (b) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the lass, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. © 2017 The Travelers Indemnity Company. All rights reserved. Page 15 of 21 Includes coovriahted material of Insurance Services Office. Inc. with its Permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non -Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the eamed premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the eamed premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: Page 16 of 21 a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8 Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY 2. "Advertising injury": a. Means injury caused by one or more of the following offenses: (1) Oral or written publication, including publication by electronic means, of material in your "advertisement" that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; (2) Oral or written publication, including publication by electronic means, of material in your "advertisement" that: (a) Appropriates a person's name, voice, photograph or likeness; or (b) Unreasonably places a person in a false light; or (3) Infringement of copyright, "title" or "slogan" in your "advertisement", provided that the claim is made or the "suit" is brought by a person or organization that claims ownership of such copyright, "title" or "slogan". b. Includes "bodily injury" caused by one or more of the offenses described in Paragraph a. above. 3. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 4. "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; or b. Mental anguish, injury or illness, or emotional distress, resulting at any time from such physical harm, sickness or disease. 5. "Broadcasting" means transmitting any audio or visual material for any purpose: a. By radio or television; or b. In, by or with any other electronic means of communication, such as the Internet, if that material is part of: (1) Radio or television programming being transmitted; (2) Other entertainment, educational, instructional, music or news programming being transmitted; or (3) Advertising transmitted with any of such programming. 6. "Coverage territory' means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury' offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits in the territory described in Paragraph a. above, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. CG T1 00 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 17 of 21 Includes comriahted material of Insurance Services Office. Inc. with its Permission. COMMERCIAL GENERAL LIABILITY 10. "Good Samaritan services" means any emergency medical services for which no compensation is demanded or received. 11. "Hostile fire" means a fire which becomes uncontrollable or breaks out from where it was intended to be. 12. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 13. "Insured contract" means: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; A sidetrack agreement; Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; An elevator maintenance agreement; That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage" or "personal injury' to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury' or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (2) above and supervisory, inspection, architectural or engineering activities. 14. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 15. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 16. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; Page 18 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes coovriahted material of Insurance Services Office. Inc. with its permission. COMMERCIAL GENERAL LIABILITY d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged. Such land vehicles are considered "autos". 17. "Occurrence" means: a. An accident, including continuous or repeated exposure to substantially the same general harmful conditions; or b. An act or omission committed in providing or failing to provide first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providig professional health care services. 18. "Personal and advertising injury' means "personal injury' or"advertising injury". 19. "Personal injury': Means injury, other than "advertising injury", caused by one or more of the following offenses: (1) False arrest, detention or imprisonment; (2) Malicious prosecution; (3) The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, provided that the wrongful eviction, wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner, landlord or lessor of that room, dwelling or premises; (4) Oral or written publication, including publication by electronic means, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; or (5) Oral or written publication, including publication by electronic means, of material that: (a) Appropriates a person's name, voice, photograph or likeness; or (b) Unreasonably places a person in a false light. b. Includes "bodily injury" caused by one or more of the offenses described in Paragraph a. above. 20. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. CG T1 00 0219 © 2017 The Travelers Indemnity Company. All rights reserved. Page 19 of 21 Includes coovriahted material of Insurance Services Office. Inc. with its permission. COMMERCIAL GENERAL LIABILITY 21. "Premises damage" means: a. With respect to the first paragraph of the exceptions in Exclusion j. of Section 1 — Coverage A — Bodily Injury And Property Damage Liability, "property damage" to any premises while rented to you for a period of seven or fewer consecutive days, including the contents of such premises; or b. With respect to the exception to Exclusions c. through n. in the last paragraph of Paragraph 2. of Section I — Coverage A — Bodily Injury And Property Damage Liability, "property damage" to any premises while rented to you for a period of more than seven consecutive days, or while temporarily occupied by you with permission of the owner, caused by: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting from fire, explosion or lightning; or (5) Water. But "premises damage" under this Paragraph b. does not include "property damage" to any premises caused by: (1) Rupture, bursting, or operation of pressure relief devices; (2) Rupture or bursting due to expansion or swelling of the contents of any building or structure caused by or resulting from water; or (3) Explosion of steam boilers, steam pipes, steam engines or steam turbines. 22. "Products -completed operations hazard": Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your Page 20 of 21 contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury' or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - completed operations are subject to the General Aggregate Limit. 23. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 24. "Slogan": a. Means a phrase that others use for the purpose of attracting attention in their advertising. b. Does not include a phrase used as, or in, the name of: (1) Any person or organization, other than you; or (2) Any business, or any of the premises, goods, products, services or work, of any person or organization, other than you. © 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes coovriahted material of Insurance Services Office. Inc. with its permission. COMMERCIAL GENERAL LIABILITY 25. "Suit" means a civil proceeding in which damages because of "bodily injury', "property damage" or "personal and advertising injury' to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 26. "Temporary worker" means a person who is fumished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 27. "Title" means a name of a literary or artistic work. 28. "Unsolicited communication" means any communication, in any form, that the recipient of such communication did not specifically request to receive. 29. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 30. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: CG T1 00 0219 (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment fumished in connection with such goods or products. b. I ncludes: (1) Warranties or representations made at any time with respect to the fitness, qualty, durability, performance or use of "your product"; and (2) The providing of or failure to provide wamings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 31. "Your work": Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. © 2017 The Travelers Indemnity Company. All rights reserved. Page 21 of 21 Includes convriahted material of Insurance Services Office. Inc. with its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the, following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of, the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions May apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name CA T3 53 08 17 H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS as an additional insured for Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSINESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL AUTO (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to fumish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS The following replaces Subparagraph e. in Paragraph B.7., Policy Term, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited Page 2 of 4 liability company) or members of their households. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all proceedings and actions. (b) Neither you nor any other involved "insured" will make any settlement without our consent. (c) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (d) We will reimburse the "insured": (i) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE; (ii) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Paragraph C., Limit Of Insurance, of SECTION 11 — LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (3) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its © 2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission CA T3 53 08 17 COMMERCIAL AUTO territories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory insurance requirements. (4) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Canada. We assume no responsibility for the fumishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deductible, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Paragraph A.4.b., Loss Of Use Expenses, of SECTION 111 - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Coverage Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing apparel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclusions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV - BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability company); (d) An executive officer, director or insurance manager (if you are a corporation or other organization); or (e) Any "employee" authorized by you to give notice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDITIONS: CA T3 53 0817 © 2016 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 3 of 4 COMMERCIAL AUTO 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. Page 4 of 4 N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Concealment, Misrepresentation, Or Fraud, of SECTION IV - BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. © 2016 The Travelers Indemnity Company. All rights reserved. CA T3 53 08 17 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". CA T4 74 0817 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV - BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insuranpe Services Office, Inc. with its permission. UMBRELLA EXCESS FOLLOW -FORM AND UMBRELLA LIABILITY INSURANCE THIS POLICY, IN PART, PROVIDES FOLLOW -FORM LIABILITY COVERAGE. COVERAGE WILL APPLY ON A CLAIMS -MADE BASIS WHEN FOLLOWING CLAIMS -MADE UNDERLYING INSURANCE. COVERAGE WILL APPLY ON A DEFENSE -WITHIN -LIMITS BASIS WHEN FOLLOWING UNDERLYING INSURANCE UNDER WHICH DEFENSE EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE LIMITS OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING INSURANCE, PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS POLICY. PLEASE READ THE ENTIRE POLICY CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "bur" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under SECTION II - WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI - DEFINITIONS. SECTION I - COVERAGES provisions to the contrary contained in this insurance. A. COVERAGE A — EXCESS FOLLOW -FORM LIABILITY 1. We will pay on behalf of the insured those sums, in excess of the "applicable underlying limit", that the insured becomes legally obligated to pay as damages to which Coverage A of this insurance applies, provided that the "underlying insurance" would apply to such damages but for the exhaustion of its applicable limits of insurance. If a sublimit is specified in any "underlying insurance", Coverage A of this insurance applies to damages that are in excess of that sublimit only if such sublimit is shown for that "underlying insurance" in the Schedule Of Underlying Insurance. 2. Coverage A of this insurance is subject to the same terms, conditions, agreements, exclusions and definitions as the "underlying insurance", except with respect to any EU 00 01 07 16 3. The amount we will pay for damages is limited as described in SECTION III — LIMITS OF INSURANCE. 4. For the purposes of Paragraph 1. above: The applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance will be considered to be reduced or exhausted only by the following payments: (1) Payments of judgments or settlements for damages that are covered by that "underlying insurance". However, if such "underlying insurance" has a policy period which differs from the policy period of this Excess Follow -Form And Umbrella Liability Insurance, any such payments for damages that would not be covered by this Excess Follow -Form And Umbrella Liability © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 22 UMBRELLA Insurance because of its different policy period will not reduce or exhaust the applicable limit of insurance stated for such "underlying insurance"; (2) Payments of "medical expenses" that are covered by that "underlying. insurance" and are incurred for "bodily injury" caused by an accident that takes place during the policy period of this Excess Follow -Form And Umbrella Liability Insurance; or (3) Payments of defense expenses that are covered by that "underlying insurance", only if such "underlying. insurance" includes such payments within the limits of insurance. However! ` if such "underlying insurance" has a policy period which differs from the policy period of this Excess Follow - Form And Umbrella Liability Insurance, any such payments for defense' expenses that would not be covered by this Excess Follow -Form And Umbrella Liability Insurance because of its different policy period will not reduce or exhaust the applicable limit of insurance stated for such "underlying, insurance". If the applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance is actually reduced or exhausted by other payments, Coverage A of this insurance is not invalidated. However, in the event of a loss, we will pay only to the extent that we would have paid had such limit not been actually reduced or exhausted by such other payments. b. If any "underlying insurance" has a limit of insurance greater than the amount shown for that insurance in the Schedule of Underlying Insurance, this insurance will apply in excess of that greater amount. If any "underlying insurance" has a limit of insurance, prior to any reduction or exhaustion by payment of damages, "medical expenses" or defense expenses described in Paragraph a. above, that is less than the amount shown for that insurance in the Schedule Of Underlying Insurance, this insurance will apply in excess of the amount shown for such insurance in the Schedule Of Underlying Insurance. 5. When the "underlying insurance" applies on a claims -made basis and includes a retroactive Page 2 of 22 date provision, the retroactive date for Coverage A of this insurance is the same as the retroactive date of that "underlying insurance". B. COVERAGE B — UMBRELLA LIABILITY 1. We will pay on behalf of the insured those sums in excess of the "self -insured retention" that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage", "personal injury" or "advertising injury" to which Coverage B of this insurance applies. 2. Coverage B of this insurance applies to "bodily injury" or "property damage" only if: a. The "bodily injury" or "property damage" is caused by an "occurrence" that takes place anywhere in the world; b. The "bodily injury" or "property damage" occurs during the policy period; and c. Prior to the policy period, no insured listed under Paragraph 1. in Paragraph B., COVERAGE B — UMBRELLA LIABILITY, of SECTION II — WHO IS AN INSURED and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, in whole or in part, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. 3. Coverage B of this insurance applies to "personal injury" or "advertising injury" caused by an offense arising out of your business, but only if the offense was committed during the policy period anywhere in the world. 4. The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE. 5. "Bodily injury" or "property damage": a. Which occurs during the policy period; and b. Which was not prior to, but was during, the policy period known to have occurred by any insured listed under Paragraph 1. in Paragraph B., COVERAGE B — UMBRELLA LIABILITY of SECTION II — WHO IS AN INSURED, or any "employee" authorized by you to give notice of an "occurrence" or claim; © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 UMBRELLA includes any continuation, change or resumption of the "bodily injury" or "property damage" after the end of the policy period. 6. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. in Paragraph B., COVERAGE B — UMBRELLA LIABILITY, of SECTION II — WHO IS AN INSURED or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: a. Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; b. Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or c. Becomes aware by any other means that the "bodily injury" or "property damage" has occurred or has begun to occur. 7. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 8. Coverage B of this insurance does not apply to damages covered by any "underlying insurance" or that would have been covered by any "underlying insurance" but for the exhaustion of its applicable limit of insurance. C. COVERAGE C — CRISIS MANAGEMENT SERVICE EXPENSES 1. We will reimburse the insured, or pay on the insured's behalf, "crisis management service expenses" to which Coverage C applies. 2. Coverage C of this insurance applies to "crisis management service expenses" that: a. Arise out of a "crisis management event" that first commences during the policy period; b. Are incurred by the insured, after a "crisis management event" first commences and before such event ends; and c. Are submitted to us within 180 days after the "crisis management advisor" advises you that the "crisis management event" no longer exists. 3. A "crisis management event" will be deemed to: a. First commence at the time when any "executive officer" first becomes aware of an "event" or "occurrence" that leads to that "crisis management event"; and b. End when we decide that the crisis no longer exists or when the Crisis Management Service Expenses Limit has been exhausted, whichever occurs first 4. The amount we will pay for "crisis management service expenses" is limited as described in SECTION III — LIMITS OF INSURANCE. 5. A "self -insured retention" does not apply to "crisis management service expenses". 6. Any payment of "crisis management service expenses" that we make will not be determinative of our obligations under this insurance with respect to any claim or "suit" or create any duty to defend or indemnify any insured for any claim or "suit". D. DEFENSE AND SUPPLEMENTARY PAYMENTS 1. We will have the right and duty to defend the insured: Under Coverage A, against a "suit" seeking damages to which such coverage applies, if: (1) The "applicable underlying limit" is the applicable limit of insurance stated for a policy of "underlying insurance" in the Schedule Of Underlying Insurance and such limit has been exhausted solely due to payments as permitted in Paragraphs 4.a.(1), (2) and (3) of COVERAGE A — EXCESS FOLLOW -FORM LIABILITY of SECTION I - COVERAGES; or (2) The "applicable underlying limit" is the applicable limit of any "other insurance" and such limit has been exhausted by payments of judgments, settlements or medical expenses, or related costs or expenses (if such costs or expenses reduce such limits). For any "suit" for which we have the right and duty to defend the insured under Coverage A, defense expenses will be within the limits of insurance of this policy when such expenses are within the limits of insurance of the applicable "underlying insurance"; or b. Under Coverage B, against a "suit" seeking damages to which such coverage applies. 2. We have no duty to defend any insured against any "suit": a. Seeking damages to which this insurance does not apply; or b. If any other insurer has a duty to defend. EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 3 of 22 UMBRELLA 3. When we have the duty to defend, we may, at our discretion, investigate and settle any claim or "suit". In all other cases, we may, at our discretion, participate in the investigation, defense and settlement of any claim or "suit" for damages to which this insurance may apply. ff we exercise such right to participate, all expenses we incur in doing so will not reduce the applicable limits of insurance. 4. Our duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements, or defense expenses if such expenses are within the limits, of insurance of this policy. 5. We will pay, with respect to a claim we. investigate or settle, or "suit" against an insured we defend: a. All expenses we incur. b. The cost of: (1) Bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this insurance applies; or (2) Appeal bonds and bonds to release attachments; but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. c. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. d. All court costs taxed against the insured in the "suit". However, these payments do not, include attorneys' fees or attorneys' expenses taxed against the insured. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. f. All interest that accrues on the full amount of any judgment after entry of the judgment and before we have paid, offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. If we do not pay part of the judgment for any reason other than it is more than the applicable limit of insurance', we will not pay any interest that accrues on that portion of the judgment. Page 4 of 22 With respect to a claim we investigate or settle, or "suit" against an insured we defend under COVERAGE A — EXCESS FOLLOW - FORM LIABILITY, these payments will not reduce the applicable limits of insurance, but only if the applicable "underlying insurance" provides for such payments in addition to its limits of insurance. With respect to a claim we investigate or settle, or "suit" against an insured we defend under COVERAGE B — UMBRELLA LIABILITY, these payments will not reduce the applicable limits of insurance. SECTION II — WHO IS AN INSURED A. B. COVERAGE A — EXCESS FOLLOW -FORM LIABILITY With respect to Coverage A, the following persons and organizations qualify as insureds: 1. The Named Insured shown in the Declarations; and 2. Any other person or organization qualifying as an insured in the "underlying insurance". If you have agreed to provide insurance for that person or organization in a written contract or agreement: a. The limits of insurance afforded to such person or organization will be: (1) The amount by which the minimum limits of insurance you agreed to provide such person or organization in that written contract or agreement exceed the total limits of insurance of all applicable "underlying insurance"; or (2) The limits of insurance of this policy; whichever is less; and b. Coverage under this policy does not apply to such person or organization if the minimum limits of insurance you agreed to provide such person or organization in that written contract or agreement are wholly within the total limits of insurance of all available applicable "underlying insurance". COVERAGE B — UMBRELLA LIABILITY With respect to Coverage B: 1. The Named Insured shown in the Declarations is an insured. 2. If you are: a. An individual, your spouse is also an insured, but only with respect to the conduct of a business of which you are the sole owner. © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 UMBRELLA b. A partnership or joint venture, your members, your partners and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, your members are also insureds, but only with respect to the conduct of your business. Your managers are also insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, your "officers" and directors are also insureds, but only with respect to their duties as your "officers" or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. A trust, your trustees are also insureds, but only with respect to their duties as trustees. 3. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co - "employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; For which there is any obligation to share damages with or repay someone else who must pay (c) EU 00 01 07 16 damages because of the injury described in Paragraph (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any of your "employees" or "volunteer workers" other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. (2) "Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your "employees" or "volunteer workers", any of your partners or members (if you are a partnership or joint venture), or any of your members (if you are a limited liability company). b. Any person (other than your "employee" or 'volunteer worker"), or any organization, while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. 4. Any organization, other than a partnership, joint venture or limited liability company, of which you are the sole owner, or in which you © 2016 The Travelers Indemnity Company. All rights reserved. Page 5 of 22 UMBRELLA maintain an ownership interest of more than 50%, on the first day of the policy period is an insured and will qualify as a Named Insured. No'. such organization is an insured or will qualify as a Named Insured for "bodily injury" or "property damage" that occurred, or "personal injury" or, "advertising injury" caused by an offense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such organization. 5. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and of which you are the sole owner, or in which you maintain an ownership'L interest of more than 50./0, is an insured and will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage for such organization does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal injury" or "advertising injury" arising out of an offense committed; before you acquired or formed the organization. No person or organization is an insured or will qualify as a Named Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Paragraph B. of SECTION 11— WHO IS AN INSURED. C. COVERAGE C — CRISIS MANAGEMENT SERVICE EXPENSES With respect to Coverage C, the following persons and organizations are insureds and will qualify as Named Insureds: 1. The Named Insured shown in the Declarations. 2. Any organization, other than a partnership, joint venture or limited liability company, of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, on the first day of the policy period. No such organization is an insured or will qualify as a Named Insured for "crisis management service expenses" arising out of a "crisis management event" that first commences after Page 6 of 22 the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such organization. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage for such organization does not apply to "crisis management service expenses" arising out of a "crisis management event" that occurred before you acquired or formed the organization, even if an "executive officer" only first becomes aware of an "event" or "occurrence" that leads to such "crisis management event" after the date you acquired or formed the organization. No person or organization is an insured or will qualify as a Named Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay for the amounts described below to which this insurance applies regardless of the number of: 1. Insureds; 2. Claims made or "suits" brought; 3. Number of vehicles involved; 4. Persons or organizations making claims or bringing "suits"; or 5. Coverages provided under this insurance. As indicated in Paragraph D.1. of SECTION I — COVERAGES, for any "suit" for which we have the right and duty to defend the insured under Coverage A, defense expenses will be within the limits of insurance of this policy when such expenses are within the limits of insurance of the applicable "underlying insurance". B. The General Aggregate Limit is the most we will pay for the sum of all: 1. Damages; and 2. Defense expenses if such expenses are within the limits of insurance of this policy; except: © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 UMBRELLA 1. Damages and defense expenses because of "bodily injury" or "property damage" included in the "auto hazard"; 2. Damages and defense expenses because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; or 3. Damages and defense expenses for which insurance is provided under any Aircraft Liability coverage included as "underlying insurance" to which no aggregate limit applies. C. The Products -Completed Operations Aggregate Limit is the most we will pay for the sum of all: 1. Damages; and 2. Defense expenses if such expenses are within the limits of insurance of this policy; because of "bodily injury" or "property damage" included in the "products -completed operations hazard". D. Subject to Paragraph B. or C. above, whichever applies, the Occurrence Limit is the most we will pay for the sum of all: 1. Damages, and defense expenses if such expenses are within the limits of insurance of this policy, under Coverage A arising out of any one "event" to which the "underlying insurance" applies a limit of insurance that is separate from any aggregate limit of insurance; and 2. Damages under Coverage B because of all "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any one "occurrence". For the purposes of determining the applicable Occurrence Limit, all related acts or omissions committed in the providing or failing to provide first aid or "Good Samaritan services" to any one person will be considered one "occurrence". E. The Crisis Management Service Expenses Limit is the most we will pay for the sum of all "crisis management service expenses" arising out of all "crisis management events". Payment of such "crisis management service expenses" is in addition to, and will not reduce, any other limit of insurance of this policy. F. The limits of insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations. If the policy period is extended after issuance for an additional period of less than 12 months, the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance. SECTION IV — EXCLUSIONS This insurance does not apply to: A. With respect to Coverage A and Coverage B: 1. Asbestos Damages arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos, provided that the damages are caused or contributed to by the hazardous properties of asbestos. b. Damages arising out of the actual or alleged presence or actual, alleged or threatened dispersal of any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or "suit" which also alleges any damages described in Paragraph a. above. c. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, asbestos, asbestos fibers or products containing asbestos; or (2) Claim or "suit" by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, asbestos, asbestos fibers or products containing asbestos. 2. Employment -Related Practices Damages because of injury to: A person arising out of any: (1)Refusal to employ that person; (2)Termination of that person's employment; or (3) Employment -related practice, policy, act or omission, such as coercion, demotion, evaluation, reassignment, discipline, failure to promote or advance, harassment, humiliation, discrimination, libel, slander, violation of the person's right of privacy, malicious prosecution or false arrest, detention or imprisonment, applied to or directed at that person, regardless of whether such practice, policy, act or omission occurs, is applied or is EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 7 of 22 UMBRELLA committed before, during or after the time of that person's employment; or b. The spouse, child, parent, brother or sister. of that person as a consequence of injury', to that person as described in Paragraphs' a.(1), (2) or (3) above. This exclusion applies: a. Whether the insured may be liable as art employer or in any other capacity; and b. To any obligation to share damages with orll'' repay someone else who must par damages because of the injury. 3. ERISA, COBRA And Similar Laws Any obligation of the insured under: a. The Employees Retirement Income', Security Act Of 1974 (ERISA) or any of its amendments; b. The Consolidated Omnibus Budget'p j Reconciliation Act of 1985 (COBRA) or am of its amendments; or c. Any similar common or statutory law of any' jurisdiction. 4. Medical Expenses Or Payments Any obligation of the insured under anyl "medical expenses" or medical payments'I B- With coverage. 5. Nuclear Material Damages arising out of: a. The actual, alleged or threatened exposure l of any person or property to; or b. The "hazardous properties" of; any "nuclear material". As used in this exclusion: a. "Hazardous properties" includes' radioactive, toxic or explosive properties; b. "Nuclear material" means "source'. material", "special nuclear material" or "by product material"; and c. "Source material", "special nuclear' material" and "by-product material" have the meanings given them in the Atomic', Energy Act of 1954 or any of its amendments. 6. Uninsured or Underinsured Motorists, No - Fault And Similar Laws Any liability imposed on the insured, or the', insured's insurer, under any of the following', laws: a. Uninsured motorists; b. Underinsured motorists; Page 8 of 22 c. Auto no-fault or other first -party personal injury protection (PIP); d. Supplementary uninsured/underinsured motorists (New York); or e. Medical expense benefits and income loss benefits (Virginia). 7. War Damages arising out of: a. War, including undeclared or civil war; or b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 8. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. respect to Coverage B: 1. Expected Or Intended Bodily Injury Or Property Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Contractual Liability "Bodily injury", "property damage", "personal injury" or "advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. Liquor Liability "Bodily injury" or "property damage" for which any insured may be liable by reason of: a. Causing or contributing to the intoxication of any person, including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on your premises for consumption on your premises; © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 UMBRELLA b. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or c. Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. 4. Employers Liability "Bodily injury" to: a. An "employee" of the insured arising out of and in the course of: (1) Employment by the insured; or (2) Performing duties related to the conduct of the insured's business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of "bodily injury" described in Paragraph a. above. This exclusion applies: a. Whether the insured may be liable as an employer or in any other capacity; and b. To any obligation to share damages with or repay someone else who must pay damages because of the "bodily injury". 5. Pollution "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants". b. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or any other person or organization test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or "suit" by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". 6. Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". EU 00 01 07 16 This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. 7. Auto "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any "auto". Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any "auto". This exclusion does not apply to "bodily injury" or "property damage" caused by an "occurrence" that takes place outside of the United States of America (including its territories and possessions), Puerto Rico and Canada. 8. Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring. employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to a watercraft: a. While ashore on premises owned by or rented to any insured; or b. That is 50 -feet long or less and that: (1) You own; or © 2016 The Travelers Indemnity Company. All rights reserved. Page 9 of 22 UMBRELLA (2) You do not own and is not being used) to carry any person or property for a'' charge. 9. Electronic Data Damages claimed for the loss of, loss of use of,l damage to, corruption of, inability to access, or inability to manipulate "electronic data". 10. Damage To Property, Products Or Work "Property damage" to: a. Property you own, rent or occupy, including) any costs or expenses incurred by you, or', any other person or organization, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; b. Premises you sell, give away or abandon if'I! the "property damage" arises out of any'i part of those premises; c. Property loaned to you; d. Personal property in the care, custody orl'i control of the insured; That particular part of real property on which you or any contractors or subcontractors working directly or indirectly) on your behalf are performing operations it the "property damage" arises out of those operations; f. That particular part of any property that, must be restored, repaired or replaced', because "your work" was incorrectly performed on it; "Your product" arising out of "your product" or any part of it; or h. "Your work" arising out of "your work" or any part of it and included in the "products - completed operations hazard". 11. Damage To Impaired Property Or Property' Not Physically Injured "Property damage" to "impaired property", or property that has not been physically injured,', arising out of: a. A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or b. A delay or failure by you, or anyone acting on your behalf, to fulfill the terms of a', contract or agreement. This exclusion does not apply to the loss of use', of other property arising out of sudden and', accidental physical injury to "your product" or'. g• Page 10 of 22 ©2016 The Travelers Indemnity "your work" after it has been put to its intended use. 12. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: a. "Your product"; b. "Your work"; or c. "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. 13. Violation Of Consumer Financial Protection Laws "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any actual or alleged violation of a "consumer financial protection law", or any other "bodily injury", "property damage", "personal injury" or "advertising injury" alleged in any claim or "suit" that also alleges any such violation. 14. Unsolicited Communication "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication". 15. Access Or Disclosure Of Confidential Or Personal Information "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information. 16. Knowing Violation Of Rights Of Another "Personal injury" or "advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal injury" or "advertising injury". 17. Material Published With Knowledge Of Falsity "Personal injury" or "advertising injury" arising out of oral or written publication, including publication by electronic means, of material, if done by or at the direction of the insured with knowledge of its falsity. ' Company. All rights reserved. EU 00 01 07 16 UMBRELLA 18. Material Published Or Used Prior To Policy Period "Personal injury" or "advertising injury" arising out of oral or written publication, including publication by electronic means, of material whose first publication took place before the beginning of the policy period; or b. "Advertising injury" arising out of infringement of copyright, "title" or "slogan" in your "advertisement" whose first infringement in your "advertisement" was committed before the beginning of the policy period. 19. Criminal Acts "Personal injury" or "advertising injury" arising out of a criminal act committed by or at the direction of the insured. 20. Breach Of Contract "Personal injury" or "advertising injury" arising out of a breach of contract. 21. Quality Or Performance Of Goods — Failure To Conform To Statements "Advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". 22. Wrong Description Of Prices "Advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". 23. Intellectual Property "Personal injury" or "advertising injury" arising out of any actual or alleged infringement or violation of any of the following rights or laws, or any other "personal injury" or "advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation: a. Copyright; b. Patent; c. Trade dress; d. Trade name; e. Trademark; f. Trade secret; or g. Other intellectual property rights or laws. This exclusion does not apply to: a. "Advertising injury" arising out of any actual or alleged infringement or violation of another's copyright, "title" or "slogan" in your "advertisement"; or EU 00 01 07 16 C. b. Any other "personal injury" or "advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation of another's copyright, "title" or "slogan" in your "advertisement". 24. Insureds In Media And Internet Type Business "Personal injury" or "advertising injury" arising out of an offense committed by an insured whose business is: a. Advertising, "broadcasting" or publishing; b. Designing or determining content of web - sites for others; or c. An Internet search, access, content or service provider. This exclusion does not apply to Paragraphs a.(1), (2) and (3) of the definition of "personal injury". For the purposes of this exclusion: a. Creating and producing correspondence written in the conduct of your business, bulletins, financial or annual reports, or newsletters about your goods, products or services will not be considered the business of publishing; and b. The placing of frames, borders or links, or advertising, for you or others anywhere on the Internet will not, by itself, be considered the business of advertising, "broadcasting" or publishing. 25. Electronic Chatrooms Or Bulletin Boards "Personal injury" or "advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns or over which the insured exercises control. 26. Unauthorized Use Of Another's Name Or Product "Personal injury" or "advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. With respect to Coverage C: Newly Acquired, Controlled Or Formed Entities "Crisis management service expenses" arising out of a "crisis management event" that involves any organization you newly acquire or form and that occurred prior to the date you acquired or formed that organization, even if an "executive officer" only first becomes aware of an "event" or "occurrence" that leads to such "crisis © 2016 The Travelers Indemnity Company. All rights reserved. Page 11 of 22 UMBRELLA management event" after the date you acquired or formed such organization. SECTION V — CONDITIONS A. APPEALS 1. If the insured or the insured's "underlying insurer" elects not to appeal a judgment which exceeds the "applicable underlying limit" or "self -insured retention", we may do so. 2. If we appeal such a judgment, we will pay all, costs of the appeal. These payments will not reduce the applicable limits of insurance. In no event will our liability exceed the applicable limit of insurance. B. BANKRUPTCY 1. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this insurance. 2. In the event of bankruptcy or insolvency of any "underlying insurer", this insurance will not replace such bankrupt or insolvent "underlying) insurer's" policy, and this insurance will apply as if such "underlying insurer" had not become bankrupt or insolvent. C. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this insurance by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this insurance by mailing or delivering to such first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to such first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. S. If this insurance is cancelled, we will send such first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If such first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. Page 12 of 22 D. E. F. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. No change can be made in the terms of this insurance except with our consent. The terms of this insurance can be amended or waived only by endorsement issued by us and made a part of this policy. CURRENCY Payments for damages or expenses described in Paragraph 5. of Paragraph D., DEFENSE AND SUPPLEMENTARY PAYMENTS, of SECTION I - COVERAGES will be in the currency of the United States of America. At our sole option, we may make these payments in a different currency. Any necessary currency conversion for such payments will be calculated based on the rate of exchange published in the Wall Street Journal immediately preceeding the date the payment is processed. DUTIES REGARDING AN EVENT, OCCURRENCE, CLAIM OR SUIT 1. You must see to it that we are notified as soon as practicable of an "event" or "occurrence" which may result in a claim under this insurance. To the extent possible, notice should include: How, when and where the "event" or "occurrence" took place; b. The names and addresses of any persons or organizations sustaining injury, damage or loss, and the names and addresses of any witnesses; and c. The nature and location of any injury or damage arising out of the "event" or "occurrence". 2. If a claim is made or "suit" is brought against any insured which may result in a claim under this insurance, you must see to it that we receive written notice of the claim or "suit" as soon as practicable. 3. With respect to Coverage A, the insured must: a. Cooperate with us in the investigation, settlement or defense of any claim or "suit" b. Comply with the terms of the "underlying insurance"; and c. Pursue all rights of contribution or indemnity against any person or organization who may be liable to the insured because of the injury, damage or loss for which insurance is provided under © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 UMBRELLA this policy or any policy of "underlying insurance". 4. With respect to Coverage B, the insured must: Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; b. Authorize us to obtain necessary records and other information; c. Cooperate with us in the investigation, settlement or defense of any claim or "suit"; and d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which Coverage B may apply. 5. No insured will, except at that insured's own expense, voluntarily make a payment, assume any obligation, make any admission or incur any expense, other than for first aid for "bodily injury" covered by this insurance, without our consent. 6. Knowledge of an "event", "occurrence", claim or "suit" by your agent, servant or "employee" will not constitute knowledge by you, unless your insurance or risk manager, or anyone working in the capacity as your insurance or risk manager, or anyone you designate with the responsibility of reporting an "event", "occurrence", claim or "suit": a. Has received notice of such "event", "occurrence", claim or "suit" from such agent, servant or "employee"; or b. Otherwise has knowledge of such "event", "occurrence", claim or "suit". G. DUTIES REGARDING A CRISIS MANAGEMENT EVENT You must: 1. Notify us within 30 days of a "crisis management event" that may result in "crisis management service expenses". 2. Provide written notice of the "crisis management event" as soon as practicable. To the extent possible, notice should include: a. How, when and where that "crisis management event" took place; b. The names and addresses of any persons or organizations sustaining injury, damage or loss, and the named and addresses of any witnesses; EU 00 01 07 16 c. The nature and location of any injury or damage arising out of that "crisis management event"; and d. The reason that "crisis management event" is likely to involve damages covered by this insurance in excess of the "applicable underlying limit" or "self - insured retention" and involve regional or national media coverage. H. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this insurance: 1. At any time during the policy period; 2. Up to three years after the end of the policy period; and 3. Within one year after final settlement of all claims under this insurance. I. EXTENDED REPORTING PERIOD OPTION 1. When the "underlying insurance" applies on a claims -made basis, any automatic or basic "extended reporting period" in such "underlying insurance" will apply to this insurance. 2. When the "underlying insurance" applies on a claims -made basis and you elect to purchase an optional or supplemental "extended reporting period" in such "underlying insurance," that "extended reporting period" will apply to this insurance only if: A written request to purchase an Extended Reporting Period endorsement for this insurance is made by you and received by us within 90 days after the end of the policy period; b. You have paid all premiums due for this policy at the time you make such request; C. You promptly pay the additional premium we charge for the Extended Reporting Period endorsement for this insurance when due. We will determine that additional premium after we have received your request for the Extended Reporting Period endorsement for this insurance. That additional premium is not subject to any limitation stated in the "underlying insurance" on the amount or percentage of additional premium that may be charged for the "extended reporting period" in such "underlying insurance"; and ©2016 The Travelers Indemnity Company. All rights reserved. Page 13 of 22 UMBRELLA d. That Extended Reporting Period endorsement is issued by us and made a part of this policy. 3. Any Extended Reporting Period endorsement for this insurance will not reinstate or increase the Limits of Insurance or extend the policy period. 4. Except with respect to any provisions to the contrary contained in Paragraphs 1., 2. or 3 above, all provisions of any option to purchase an "extended reporting period" granted to you in the "underlying insurance" apply to this insurance. J. INSPECTIONS AND SURVEYS 1. We have the right but are not obligated to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. K. LEGAL ACTION AGAINST US 1. No person or organization has a right under this insurance: M. a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this insurance unless all of its terms have been fully complied with. 2. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured. We will not be liable for damages that: a. Are not payable under the terms of this insurance; or b. Are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. L. MAINTENANCE OF UNDERLYING INSURANCE 1. The insurance afforded by each policy of "underlying insurance" will be maintained for Page 14 of 22 the full policy period of this Excess Follow - Form And Umbrella Liability Insurance. This provision does not apply to the reduction or exhaustion of the aggregate limit or limits of such "underlying insurance" solely by payments as permitted in Paragraphs 4.a.(1), (2) and (3) of COVERAGE A — EXCESS FOLLOW -FORM LIABILITY of SECTION I — COVERAGES. As such policies expire, you will renew them at limits and with coverage at least equal to the expiring limits of insurance. If you fail to comply with the above requirements, Coverage A is not invalidated. However, in the event of a loss, we will pay only to the extent that we would have paid had you complied with the above requirements. 2. The first Named Insured shown in the Declarations must give us written notice of any change in the "underlying insurance" as respects: a. Coverage; b. Limits of insurance; c. Termination of any coverage; or d. Exhaustion of aggregate limits. 3. If you are unable to recover from any "underlying insurer" because you fail to comply with any term or condition of the "underlying insurance", Coverage A is not invalidated. However, we will pay for any loss only to the extent that we would have paid had you complied with that term or condition in that "underlying insurance". OTHER INSURANCE This insurance is excess over any valid and collectible "other insurance" whether such "other insurance" is stated to be primary, contributing, excess, contingent or otherwise. This provision does not apply to a policy bought specifically to apply as excess of this insurance. However, if you specifically agree in a written contract or agreement that the insurance provided to any person or organization that qualifies as an insured under this insurance must apply on a primary basis, or a primary and non-contributory basis, then insurance provided under Coverage A is subject to the following provisions: © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 UMBRELLA 1. This insurance will apply before any "other insurance" that is available to such additional insured which covers that person or organization as a named insured, and we will not share with that "other insurance", provided that the injury or damage for which coverage is sought is caused by an "event" that takes place or is committed subsequent to the signing of that contract or agreement by you. 2. This insurance is still excess over any valid and collectible "other insurance", whether primary, excess, contingent or otherwise, which covers that person or organization as an additional insured or as any other insured that does not qualify as a named insured. N. PREMIUM 1. The first Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums. 2. If the premium is a flat charge, it is not subject to adjustment except as provided in Paragraph 4. below. 3. If the premium is other than a flat charge, it is an advance premium only. The earned premium will be computed at the end of the policy period, or at the end of each year of the policy period if the policy period is two years or longer, at the rate shown in the Declarations, subject to the Minimum Premium. 4. Additional premium may become payable when coverage is provided for additional insureds under the provisions of SECTION II - WHO IS AN INSURED. O. PREMIUM AUDIT The premium for this policy is the amount stated in Item 5. of the Declarations. The premium is a flat charge unless it is specified in the Declarations as adjustable. P. PROHIBITED COVERAGE — UNLICENSED INSURANCE 1. With respect to loss sustained by any insured in a country or jurisdiction in which we are not licensed to provide this insurance, this insurance does not apply to the extent that insuring such loss would violate the laws or regulations of such country or jurisdiction. 2. We do not assume responsibility for: a. The payment of any fine, fee, penalty or other charge that may be imposed on any person or organization in any country or jurisdiction because we are not licensed to EU 00 01 07 16 Q. R. s. T. provide insurance in such country or jurisdiction; or b. The furnishing of certificates or other evidence of insurance in any country or jurisdiction in which we are not licensed to provide insurance. PROHIBITED COVERAGE — TRADE OR ECONOMIC SANCTIONS We will provide coverage for any loss, or otherwise will provide any benefit, only to the extent that providing such coverage or benefit does not expose us or any of our affiliated or parent companies to: 1. Any trade or economic sanction under any law or regulation of the United States of America; or 2. Any other applicable trade or economic sanction, prohibition or restriction. REPRESENTATIONS By accepting this insurance, you agree: 1. The statements in the Declarations and any subsequent notice relating to "underlying insurance" are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this insurance in reliance upon your representations. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured shown in the Declarations, this insurance applies: 1. As if each Named Insured were the only Named Insured; and 2. Separately to each insured against whom claim is made or "suit" is brought. WAIVER OR TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 1. If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us and the insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us, and with respect to Coverage A, the "underlying insurer", enforce them. If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against that person or organization, but only for payments we make because of an "event" that takes place or is committed subsequent to the © 2016 The Travelers Indemnity Company. All rights reserved. Page 15 of 22 UMBRELLA execution of that contract or agreement by such insured. 2. Reimbursement of any amount recovered will', be made in the following order: First, to any person or organization' (including us or the insured) who has paid any amount in excess of the applicable limit of insurance; b. Next, to us; and c. Then, to any person or organization' (including the insured and with respect to Coverage A, the "underlying insurer") that is entitled to claim the remainder, if any. 3. Expenses incurred in the process of recovery) will be divided among all persons or organizations receiving amounts recovered according to the ratio of their respective' recoveries. U. TRANSFER OF YOUR RIGHTS AND DUTIES, UNDER THIS INSURANCE 1. Your rights and duties under this insurance may not be transferred without our written consent' except in the case of death of an individual Named Insured. 2. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having. proper temporary custody of your property will have your rights and duties but only with respect to that property. V. UNINTENTIONAL OMISSION OR ERROR The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision' does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. W. WHEN LOSS IS PAYABLE If we are liable under this insurance, we will pay for injury, damage or loss after: 1. The insured's liability is established by: a. A court decision; or b. A written agreement between the claimant, the insured, any "underlying insurer" and, us; and 2. The amount of the "applicable underlying limit" or "self -insured retention" is paid by or on behalf of the insured. Page 16 of 22 SECTION VI — DEFINITIONS A. With respect to all coverages of this insurance: 1. "Applicable underlying limit" means the sum of: a. The applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance subject to the provisions in Paragraphs 4.a.(1), (2) and (3) of COVERAGE A — EXCESS FOLLOW -FORM LIABILITY of SECTION I — COVERAGES; and b. The applicable limit of insurance of any "other insurance" that applies. The limits of insurance in any policy of "underlying insurance" will apply even if: a. The "underlying insurer" claims the insured failed to comply with any term or condition of the policy; or b. The "underlying insurer" becomes bankrupt or insolvent. 2. "Auto hazard" means all "bodily injury" and "property damage" to which liability insurance afforded under an auto policy of "underlying insurance" would apply but for the exhaustion of its applicable limits of insurance. 3. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 4. "Event" means an "occurrence", offense, accident, act, error, omission, wrongful act or loss. 5. "Extended reporting period" means any period of time, starting with the end of the policy period of your claims -made insurance, during which claims or "suits" may be first made, brought or reported for that insurance. 6. "Medical expenses" means expenses to which any Medical Payments section of any policy of Commercial General Liability "underlying insurance" applies. 7. "Other insurance" means insurance, or the funding of losses, that is provided by, through or on behalf of: a. Another insurance company; b. Us or any of our affiliated insurance companies; c. Any risk retention group; © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 UMBRELLA d. Any self-insurance method or program, in which case the insured will be deemed to be the provider of such insurance; or e. Any similar risk transfer or risk management method. "Other insurance" does not include: a. Any "underlying insurance"; or b. Any policy of insurance specifically purchased to be excess of the limits of insurance of this policy shown in the Declarations. 8. "Products -completed operations hazard": Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all the work called for in your contract has been completed; (b) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification listed in a policy of EU 00 01 07 16 Commercial General Liability "underlying insurance" states that products -completed operations are subject to the General Aggregate Limit. 9. "Suit" means a civil proceeding which alleges damages. "Suit" includes: a. An arbitration proceeding in which damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding to which the insured submits with our consent. 10. "Underlying insurance": a. Means the policy or policies of insurance listed in the Schedule Of Underlying Insurance. b. Includes any renewal or replacement of such policies if such renewal or replacement is during the policy period of this Excess Follow -Form And Umbrella Liability Insurance. c. Does not include any part of the policy period of any of the policies described in Paragraphs a. or b. above that began before, or that continues after, the policy period of this Excess Follow -Form And Umbrella Liability Insurance. 11. "Underlying insurer" means any insurer which provides a policy of insurance listed in the Schedule Of Underlying Insurance. B. With respect to Coverage B and, to the extent that the following terms are not defined in the "underlying insurance", to Coverage A: 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Advertising injury": © 2016 The Travelers Indemnity Company. All rights reserved. Page 17 of 22 UMBRELLA Means injury, other than "personal injury",' caused by one or more of the following, offenses: (1) Oral or written publication, including publication by electronic means, of material in your "advertisement" that, slanders or libels a person or, organization or disparages a person's or organization's goods, products or,, services, provided that the claim is! made or the "suit" is brought by ali person or organization that claims to have been slandered or libeled, or thatll claims to have had its goods, products' or services disparaged; (2) Oral or written publication, including,', publication by electronic means, of material in your "advertisement" that: (a) Appropriates a person's name,' voice, photograph or likeness; or I (b) Unreasonably places a person in al false light; or (3) Infringement of copyright, "title" or "slogan" in your "advertisement",!, provided that the claim is made or the'I suit" is brought by a person or organization that claims ownership ofl ! such copyright, "title" or "slogan". b. Includes "bodily injury" caused by one or more! more of the offenses described in, Paragraph a. above. 3. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery orii equipment; or b. Any other land vehicle that is subject to a'� compulsory or financial responsibility law or other motor vehicle insurance law where it' . is licensed or principally garaged. However, "auto" does not include "mobile'' equipment". 4. "Bodily injury" means: a. Physical harm, including sickness or disease, sustained by a person; or b. Mental anguish, injury or illness, or emotional distress, resulting at any time from such physical harm, sickness or, disease. 5. "Broadcasting" means transmitting any audio or' visual material for any purpose: a. By radio or television; or Page 18 of 22 b. In, by or with any other electronic means of communication, such as the Internet, if that material is part of: (1) Radio or television programming being transmitted; (2) Other entertainment, educational, instructional, music or news programming being transmitted; or (3) Advertising transmitted with any such programming. 6. "Consumer financial identity information" means any of the following information for a person that is used or collected for the purpose of serving as a factor in establishing such person's eligibility for personal credit, insurance or employment or for the purpose of conducting a business transaction: Part or all of the account number, the expiration date or the balance of any credit, debit, bank or other financial account; b. Information bearing on a person's credit worthiness, credit standing or credit capacity; c. Social security number; d. Driver's license number; or e. Birth date. 7. "Consumer financial protection law" means: a. The Fair Credit Reporting Act (FCRA) and any of its amendments, including the Fair and Accurate Credit Transactions Act (FACTA); b. California's Song -Beverly Credit Card Act and any of its amendments; or c. Any other law or regulation that restricts or prohibits the collection, dissemination, transmission, distribution or use of "consumer financial identity information". 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Good Samaritan services" means any emergency medical services for which no compensation is demanded or received. 10. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or ©2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 UMBRELLA b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 11. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 12. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 13. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads. b. Vehicles maintained for use solely on or next to premises you own or rent. c. Vehicles that travel on crawler treads. d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical EU 00 01 07 16 exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers. f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it is licensed or principally garaged. Such land vehicles are considered "autos". 14. "Occurrence" means: a. With respect to "bodily injury" or "property damage": (1) An accident, including continuous or repeated exposure to substantially the same general harmful conditions, which results in "bodily injury" or "property damage". All "bodily injury" or "property damage" caused by such exposure to substantially the same general harmful conditions will be deemed to be caused by one 'occurrence'; or (2) An act or omission committed in providing or failing to provide first aid or "Good Samaritan services" to a person by any of your "employees" or "volunteer workers" other than an employed or volunteer doctor, unless you are in the business or occupation of providing professional health care services; © 2016 The Travelers Indemnity Company. All rights reserved. Page 19 of 22 UMBRELLA b. With respect to "personal injury", an offense arising out of your business that results in "personal injury". All "personals, injury" caused by the same or related' injurious material, act or offense will be deemed to be caused by one "occurrence", regardless of the frequency or repetition thereof, the number and kind of media used or the number of persons orl organizations making claims or bringing!I "suits"; and c. With respect to "advertising injury", an offense committed in the course of advertising your goods, products and services that results in "advertising injury All "advertising injury" caused by the same! or related injurious material, act or offense' will be deemed to be caused by one'. "occurrence", regardless of the frequency or repetition thereof, the number and kind of media used or the number of persons on organizations making claims or bringing!, "suits" 15. "Officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 16. "Personal injury": a. Means injury, other than "advertising', injury", caused by one or more of the following offenses: (1) False arrest, detention or imprisonment; (2) Malicious prosecution; (3) The wrongful eviction from, wrongful. entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies,, provided that the wrongful eviction,', wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner, landlord or lessor of that room, dwelling or premises; (4) Oral or written publication, including publication by electronic means, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; or Page 20 of 22 (5) Oral or written publication, including publication by electronic means, of material that: (a) Appropriates a person's name, voice, photograph or likeness; or (b) Unreasonably places a person in a false light. b. Includes "bodily injury" caused by one or more of the offenses described in Paragraph a. above. 17. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 18. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 19. "Self -insured retention" is the greater of: a. The amount shown in the Declarations which the insured must first pay under Coverage B for damages because of all "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any one "occurrence"; or b. The applicable limit of insurance of any "other insurance" that applies. 20. "Slogan": a. Means a phrase that others use for the purpose of attracting attention in their advertising. b. Does not include a phrase used as, or in, the name of: (1) Any person or organization other than you; or (2) Any business, or any of the premises, goods, products, services or work, of any person or organization other than you. © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 UMBRELLA 21. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 22. "Title" means the name of a literary or artistic work. 23. "Unsolicited communication" means any communication, in any form, that the recipient of such communication did not specifically request to receive. 24. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed by you. 25. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 26. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. C. With respect to Coverage C: 1. "Crisis management advisor" means any public relations firm or crisis management firm approved by us that is hired by you to perform "crisis management services" in connection with a "crisis management evert". 2. "Crisis management event" means an "event" or "occurrence" that your "executive officer" reasonably determines has resulted, or may result, in: a. Damages covered by this Coverage A or Coverage B that are in excess of the total applicable limits of the "underlying insurance" or "self -insured retention"; and b. Significant adverse regional or national media coverage. 3. "Crisis management service expenses" means amounts incurred by you, after a "crisis management event" first commences and before such event ends: a. For the reasonable and necessary: (1) Fees and expenses of a "crisis management advisor" in the performance for you of "crisis management services" solely for a "crisis management event; and (2) Costs for printing, advertising, mailing of materials or travel by your directors, officers, employees or agents or a "crisis management advisor" solely for a "crisis management event"; and b. For the following expenses resulting from such "crisis management event", provided that such expenses have been approved by us: (1) Medical expenses; (2) Funeral expenses; (3) Psychological counseling; (4) Travel expenses; (5) Temporary living expenses; (6) Expenses to secure the scene of a "crisis management event; or (7) Any other expenses pre -approved by US. EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 21 of 22 UMBRELLA 4. "Crisis management services" means those services performed by a "crisis management advisor" in advising you or minimizing potential', harm to you from a "crisis management event"' by maintaining or restoring public confidence in you. 5. "Executive officer" means your: a. Chief Executive Officer; b. Chief Operating Officer; Page 22 of 22 c. Chief Financial Officer; d. President; e. General Counsel; f. General partner (if you are partnership); or Sole proprietor (if you are a sole proprietorship); or any person acting in the same capacity as any individual listed above. g• © 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 P1NNAI COL ASSURANCE 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com AB Underground LLC 21269 County Road 47 La Salle, CO 80645 ENDORSEMENT: Blanket Waiver of Subrogation NCCI #: WC000313B Policy #: 4202306 NFP Property & Casualty Services, I 5655 S. Yosemite St. Suite 200 Greenwood Village, CO 80111 (303) 867-2055 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date:June 1, 2025 Expires on: June 1, 2026 Pinnacol Assurance has issued this endorsement May 27, 2025 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P DORSEYR - Underwriter 05/27/2025 09:32:11 4202306 85263810 359-B Contract Fora Entity Information Entity Name* AB UNDERGROUND LLC Entity ID* @00041817 Contract Name* CONSTRUCTION AGREEMENT FOR WCR 41 AND SH 52 INTERSECTION IMPROVEMENTS PROJECT Contract Status CTB REVIEW Q New Entity? Contract ID 9555 Contract Lead* EGREEN Contract Lead Email egreen@weld.gov Parent Contract ID Requires Board Approval YES Department Project # GR-69 Contract Description* AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND AB UNDERGROUND, LLC FOR THE WCR 41 AND SH 52 INTERSECTION IMPROVEMENTS PROJECT. Contract Description 2 Contract Type* AGREEMENT Amount* $3,990,463.68 Renewable* NO Automatic Renewal Grant NO IGA NO Department PUBLIC WORKS Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney ADRIA SCHIEL County Attorney Email ASCHIEL@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 Due Date Date* 06/07/2025 06/11/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 11/30/2025 Committed Delivery Date Renewal Date Expiration Date* 12/31/2025 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CONSENT 06/06/2025 Approval Process Department Head .CURTIS HALL DH Approved Date 06/06/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06/11/2025 Finance Approver CONSENT Legal Counsel CONSENT Finance Approved Date Legal Counsel Approved Date 06/06/2025 06/06/2025 Tyler Ref # AG 061125 Originator EGREEN 5/Zicz 1861 I:W \I-15111 ‘4).\ NleY c0 PUBLIC WORKS DEPARTMENT (970) 400-3750 1 1 1 1 H St., P.O. Box 758 Greeley, CO 80632 May 20, 2025 To: Board of County Commissioners Subject: Award Recommendation for WCR 41 at State Highway 52 Intersection Improvements Project B2500045 As advertised, this solicitation is for WCR 41 at State Highway 52 Intersection Improvements Project On April 28, 2025, five proposals were opened. All proposals were reviewed and scored based on the scoring criteria, and AB Underground, LLC achieved the highest score (see attached REP Scoring and Ranking Summary). Therefore, the recommendation is to award the contract to AB Underground, LLC, in the amount of $ 3,990,463.68. This project contains Federal funding administered through CDOT. Staff has requested and obtained the necessary concurrence from CDOT. If you have any questions, please contact me. Sincerely, Curtis Hall Director 2075 1153 EC-ICC7c3 s COOT COLORADO Department of Transportation Office of the Over Engsneer Engineering Contracts 2829 W. Howard Place, 3`d Floor Denver, CO 80204 May 19, 2025 Attn: Erich Green Weld County PO Box 758 Greeley, CO 80632 Dear Erich, AQC C030-086 WCR 41 & SH 52 Intersection Improvements Project Code 25008 The County's award of project AQC C030-086 (25008) to AB Underground, LLC is approved based on the Colorado Department of Transportation's review of the request for concurrence dated May 14, 2025, and supported by the associated financial statement along with the receipt of the following documents: -CDOT Form 605, Contractors Performance Capability Statement -CDOT Form 606, Anti -Collusion Affidavit -CDOT Form 621, Assignment of Anti -Trust Claims and -Documentation of conformance with CDOT DBE Contract Goal Policy The reimbursement of Federal funds for this project is subject to the requirements of the Inter - Governmental Agreement (IGA) between the County and the Colorado Department of Transportation. Any funding that may be required to complete the project beyond the funds approved under the IGA will be the responsibility of the County. Please be sure to include a copy of FH WA Form 1273 as part of your entity's contract with the above selected contractor. Your cooperation in this matter is appreciated. Sincerely, Sedinotenal- RB Simmons CDOT Award Officer PH: 303-246-4559 cc: Armando Ochoa, R-4 Region EFJO Officer, R-4 Yehdego/Ngo, HQ -Accounting Civil Rights Central Files WCR 41 and SH 52 Intersection Improvements RFP Scoring and Ranking Summary Date: 05-13-2025 Technical Technical (250 147.00 Total Score Max) Committee Members Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4 Reviewer 5 Constructors, Mountain Inc. 30.00 35.00 29.50 21.50 31.00 O AB Underground, LLC 42.50 45.50 38.50 50.00 39.00 215.50 v Coulson Company, Excavating y, Inc. 33.50 37.50 32.50 35.90 33.50 172.90 27.00 33.50 21.00 28.50 24.00 134.00 U Asphalt Company, Specialties Inc. Timber Excavating, Wolf LLC _ 24.00 32.50 25.00 19.00 25.50 126.00 Schedule Schedule (100 Total Score Max) Committee Members Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4 Reviewer 5 e: O Constructors, Mountain Inc. 18.80 18.80 18.80 18.80 18.80 94.00 AB Underground, LLC 19.20 19.20 19.20 19.20 19.20 96.00 Q � Coulson Company, Excavating Inc. 18.80 18.80 18.80 18.80 18.80 94.00 Asphalt Company, Specialties Inc. 20.00 20.00 20.00 20.00 20.00 100.00 U Timber Excavating, Wolf LLC 18.80 18.80 18.80 18.80 18.80 94.00 Cost (150 Total Score Cost Max) Committee Members Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4 Reviewer 5 ce 0 Constructors, Mountain Inc. 21.30 21.30 21.30 21.30 21.30 106.50 AB Underground, LLC 24.90 24.90 24.90 24.90 24.90 124.50 v Coulson Company, Excavating Inc. 29.10 29.10 29.10 29.10 29.10 145.50 Asphalt Specialties 30.00 30.00 30.00 30.00 30.00 150.00 o Company, Inc. 27.30 27.30 27.30 27.30 27.30 136.50 Timber Excavating, Wolf LLC RFP Summary Total Score (500 RFP Max) Ranking Constructors, Mountain Inc. 347.50 5 O F - AB Underground, LLC 436.00 1 Q � Coulson Company, Excavating Inc. 412.40 2 ZO O Asphalt Company, Specialties Inc. 384.00 3 Excavating, Timber Wolf LLC 356.50 4 PROPOSALS CONSTRUCTION COST TABULATION WITH ENGINEER'S CONSTRUCTION COST ESTIMATE 04-29-2025 WCR 41 AND SH 52 INTERSECTION IMPROVEMENTS (B2500045) BID NO ITEM NO DESCRIPTION UNIT QUANTITY UNIT PRICE Engineer TOTAL Engineer UNIT PRICE Mountain Constructors, Inc TOTAL Mountain Constructors, Inc UNIT PRICE AB Underground, LLC TOTAL AB Underground, LLC UNIT PRICE Coulson Excavating Co , Inc TOTAL Coulson Excavating Co , Inc UNIT PRICE Asphalt Specialties Co , Inc TOTAL Asphalt Specialties Co , Inc UNIT PRICE Timber Wolf Excavating, LLC TOTAL Timber Wolf Excavating, LLC 1 201-00000 Cleanng and Grubbing L S 1 $60,500 00 $60,500 00 $78,300 00 $78,300 00 $38,500 00 $38,500 00 $14,000 00 _ $14,000 00 $8,611 60 $8,611 60 $25,000 00 $25,000 00 2 202-00010 Removal of Tree (Contingency) EACH 3 $725 00 $2,175 00 $1,590 00 $4 770 00 $3,333 00 $9,999 00 $1,550 00 $4,650 00 $550 00 $1,650 00 $1,000 00 $3 000 00 3 _202-00035 Removal of Pipe LF 432 $48 50 $20,952 00 $45 00 $19,440 00 $16 00 $6,912 00 $38 00 $16,416 00 $39 60 $17,107 20 $15 00 $6,480 00 4 202-00036 Removal of Pipe (Abandoned Gas) LF 1,725 $3 75 $6,468 75 $40 00 $69,000 00 $17 25 $29,756 25 $15 50 $26,737 50 $11 00 $18,975 00 $10 00 $17,250 00 5 202-00220 Removal of Asphalt Mat (Chunking)(Full Depth)(WCR 41) SY 737 $9 75 $7,185 75 $17 00 $12,529 00 $17 00 $12,529 00 $15 00 $11,055 00 $5 65 $4,164 05 $10 00 $7 370 00 6 202-00240 Removal of Asphalt Mat (Planing)(Full Depth)(WCR 41) SY 8,360 $8 25 $68,970 00 $11 00 $91,960 00 $5 75 $48,070 00 $5 25 $43,890 00 $5 60 $46 816 00 $6 00 $50 160 00 7 202-00242 Removal of Asphalt Mat (Planing)(4-Inch Mdl)(SH 52) SY 2,939 $4 50 $13 225 50 $8 55 $25,128 45 $7 15 $21,013 85 $4 50 $13,225 50 $6 50 $19,103 50 $10 00 $29,390 00 8 202-00250 Removal of Pavement Marking SF 1,151 $0 67 $771 17 $8 00 $9 208 00 $6 35 $7,308 85 $3 25 $3,740 75 $5 50 $6,330 50 $25 00 $28,775 00 9 202-00810 Removal of Ground Sign EACH 3 $193 50 $580 50 $187 00 $561 00 $188 75 $566 25 $200 00 $600 00 $163 90 $491 70 $150 00 $450 00 10 202-01000 Removal of Fence LF 106 $2 45 $259 70 $4 00 $424 00 $3 65 $386 90 $5 50 $583 00 $3 20 $339 20 $10 00 $1,060 00 11 203-00000 Unclassified Excavation (Contingency) CY 1,230 $40 25 $49,507 50 $68 00 $83 640 00 $63 00 $77,490 00 $23 00 $28,290 00 $21 80 $26,814 00 $20 00 $24,600 00 12 203-00010 Unclassified Excavation (Complete In Place) CY 3,691 $42 75 $157,790 25 $68 00 $250,988 00 $28 50 $105,193 50 $23 00 $84,893 00 $28 70 $105,931 70 $20 00 $73,820 00 13 203-00050 Unsuitable Material (Contingency) CY 1,657 $65 50 $108,533 50 $61 00 $101,077 00 $60 00 $99,420 00 $32 50 $53,852 50 $32 05 $53,106 85 $25 00 $41,425 00 14 203-00060 Embankment Material (Complete in Place) CY 3,314 $42 00 $139,188 00 $82 50 $273,405 00 $44 75 $148,301 50 $18 00 $59,652 00 $38 30 $126,926 20 $20 00 $66,280 00 15 203-00500 Rock Fill (57-67)(Contingency) CY 500 $85 00 $42,500 00 $99 00 $49,500 00 $107 00 $53 500 00 $150 00 $75 000 00 $96 30 $48,150 00 $65 00 $32 500 00 16 203-00510 Rock Fill (3 -Inch Minus)(Contingency) CY 500 $64 50 $32,250 00 $67 00 $33 500 00 $75 00 $37,500 00 $135 00 $67 500 00 $82 60 $41,300 00 $55 00 $27 500 00 17 203-01100 Proof Rolling HOUR 40 $175 00 $7,000 00 $228 00 $9 120 00 $136 00 $5,440 00 $145 00 $5,800 00 $319 90 $12,796 00 $150 00 $6,000 00 18 203-01500 Blading HOUR 80 $215 00 $17,200 00 $169 00 $13,520 00 $161 00 $12,880 00 $175 00 $14,000 00 $264 65 $21,172 00 $150 00 $12,000 00 19 203-01594 Combination Loader HOUR 40 $170 00 $6,800 00 $162 50 $6,500 00 $131 00 $5,240 00 $160 00 $6,400 00 $181 15 $7,246 00 $150 00 $6,000 00 20 203-01597 Utility Potholing HOUR 50 $365 00 $18,250 00 $292 50 $14,625 00 $305 00 $15 250 00 $355 00 $17,750 00 $214 50 $10,725 00 $375 00 $18,750 00 21 203-02330 Laborer HOUR 60 $75 00 $4,500 00 $70 00 $4,200 00 $55 00 $3,300 00 $60 00 $3,600 00 $70 85 $4,251 00 $75 00 $4,500 00 22 206-00065 Structure Backfill (Flow -Fill) CY 66 $375 00 $24,750 00 $318 00 $20,988 00 $304 00 $20,064 00 $190 00 $12,540 00 $264 00 $17,424 00 $450 00 $29,700 00 23 206-00067 Structure Backfill (Flash -Fill) CY 9 $565 00 $5,085 00 ' $1,686 00 $15,174 00 $248 00 $2,232 00 $210 00 $1,890 00 $302 50 $2,722 50 $500 00 $4,500 00 24 207-00700 Topsoil (Onsite) CY 3,924 $54 75 $214,839 00 $47 00 $184,428 00 $11 00 $43 164 00 $25 00 $98 100 00 $12 75 $50,031 00 $25 00 $98 100 00 25 207-00704 Subgrade Sod Preparation SY 21,759 $1 25 $27,198 75 $3 00 $65,277 00 $1 20 $26,110 80 $1 00 $21,759 00 $1 50 $32,638 50 $3 00 $65 277 00 26 208-00002 Erosion Log Type 1 (12 Inch) LF 2,468 $7 25 $17 893 00 $6 00 $14,808 00 $5 75 - $14,191 00 $6 00 $14,808 00 $5 05 $12,463 40 $6 00 $14,808 00 27 208-00020 Silt Fence LF 5,051 $2 75 $13,890 25 $2 20 $11,112 20 $2 00 $10,102 00 $3 00 $15,153 00 $1 80 $9,091 80 $2 50 $12,627 50 28 208-00035 Aggregate Bag LF 168 $10 50 $1,764 00 $9 00 $1,512 00 $8 25 $1,386 00 $7 00 $1,176 00 $7 20 $1,209 60 $10 00 $1,680 00 29 208-00046 Pre-fabncated Concrete Washout Structure (Type 1) EACH 1 $4,765 00 $4,765 00 $2,250 00 $2,250 00 $7,180 00 $7,180 00 $450 00 $450 00 $2,750 00 $2,750 00 $5,000 00 $5,000 00 30 208-00075 Pre-fabncated Vehicle Tracking Pad EACH 2 $7,465 00 $14,930 00 $7,085 00 $14,170 00 $13,000 00 $26,000 00 $2,600 00 $5,200 00 $1,218 05 $2,436 10 $5,000 00 $10,000 00 31 208-00103_ Removal and Disposal of Sediment (Labor) HOUR 40 $86 25 $3,450 00 $70 00 $2,800 00 $142 00 $5,680 00 $60 00 $2,400 00 $70 85 $2,834 00 $75 00 $3,000 00 32 208-00105 Removal and Disposal of Sediment (Equipment) HOUR 40 $187 50 $7,500 00 $162 50 $6,500 00 $155 00 $6,200 00 $100 00 $4,000 00 $160 00 $6,400 00 $200 00 $6,000 00 33 208-00106 Sweeping (Sediment Removal) HOUR 80 $206 75 $16 540 00 $182 00 $14 560 00 $218 00 $17,440 00 $150 00 $12,000 00 $192 50 $15 400 00 $150 00 $12 000 00 34 208-00207 Erosion Control Management DAY 90 $802 75 $72 247 50 $390 00 $35,100 00 $375 00 $33 750 00 $350 00 $31,500 00 $330 00 $29 700 00 $150 00 $13 500 00 35 210-00010 Reset Mailbox Structure EACH 3 $918 50 $2 755 50 $455 00 $1 365 00 $633 00 $1 899 00 $600 00 _ $1 800 00 $660 00 $1 980 00 $500 00 $1,500 00 36 212-00702 Biotic Sod Amendments (Hydraulically Applied)(4 5001b/acre) LB 12,275 $1 85 $22 708 75 $1 77 $21,726 75 $1 70 $20,867 50 $1 45 $17 798 75 $1 75 $21,481 25 $2 00 $24,550 00 37 212-00706 Seeding (Native) Drill ACRE 3 9 $1,220 25 $4,758 98 $857 00 $3,342 30 $822 00 $3,205 80 $690 00 $2,691 00 $2 135 10 $8,326 89 $1 200 00 $4,680 00 38 212-00708 Seeding (Native) Broadcast - ACRE 0 50 $3,080 25 $1,540 13 $1,236 00 $618 00 $1,190 00 $595 00 $1,000 00 $500 00 $1,045 40 $522 70 $1,200 00 $600 00 39 213-00004 Mulching (Weed Free Straw) ACRE 4 4 $1,075 00 $4,730 00 $2,110 00 $9,_284 00 $2,027 00 $8,918 80 $1,700 00 $7,480 00 $1,784 30 $7,850 92 $2,500 00 $11,000 00 40 216-00201 Sod Retention Blanket (Straw -Coconut) (Biodegradable Class 1) SY 404 $3 75 $1,515 00 $4 50 $1,818 00 $4 00 $1,616 00 $3 50 $1,414 00 $3 55 $1,434 20 $5 00 $2,020 00 41 304-06000 Aggregate Base Course (Class 6) TON 6,894 $45 00 $310,230 00 $36 00 $248,184 00 $36 75 $253 354 50 $45 00 $310,230 00 $32 80 $226,123 20 $42 00 $289,548 00 42 304-08000 Aggregate Base Course (Shoulder Material) TON 590 $47 50 $28 025 00 $74 00 $43,660 00 $57 00 $33,630 00 $55 00 $32,450 00 $53 70 $31,683 00 $55 00 $32,450 00 43 304-09100 Aggregate Base Course (RAP) TON 687 $35 00 $24 045 00 $61 00 $41,907 00 $47 60 $32,701 20 $50 00 $34,350 00 $35 70 $24,525 90 $50 00 $34,350 00 44 403-33841 Hot Mix Asphalt (Grading S)(100)(PG 64-22)(WCR 41) TON 5,346 $129 50 $692,307 00 $104 30 $557,587 80 $134 00 $716,364 00 $100 00 $534,600 00 $80 10 $428,214 60 $105 00 $561,330 00 45 403-33842 Hot Mix Asphalt (Grading S)(100)(PG 64-22)(SH 52) TON 350 5 $129 50 $45,389 75 $114 75 $40,219 88 $148 50 $52,049 25 $11000 $38,555 00 $88 65 $31,071 83 $125 00 $43,812 50 46 403-34851 Hot Mix Asphalt (Grading SX)(100)(PG 64-28)(WCR 41) TON 2,162 4 $152 50 $329,766 00 $124 35 $268,894 44 $158 50 $342 740 40 $100 00 $216,240 00 $99 35 $214 834 44 $135 00 $291,924 00 47 403-34852 Hot Mix Asphalt (Grading SX)(100)(PG 64-28)(SH 52) TON 350 5 $152 50 $53,451 25 $133 25 $46,704 13 $168 75 $59,146 88 $112 00 $39 256 00 $101 70 $35,645 85 $135 00 $47,317 50 48 420-00300 Geotextde (Reinforcement) SY 21,072 $8 75 $184,380 00 $7 15 $150,664 80 $6 50 $136,968 00 $6 00 $126,432 00 $6 65 $140,128 80 $8 00 $168,576 00 49 506-00209 Riprap (9 Inch) CY 34 $225 00 $7,650 00 $345 00 $11,730 00 $405 00 $13,770 00 $375 00 $12,750 00 $253 00 $8,602 00 $350 00 $11,900 00 50 601-03000 Concrete Class D CY 5 $1,425 00 $7 125 00 $3 387 00 $16,935 00 $1,225 00 $6,125 00 $3,300 00 $16,500 00 $2,970 00 $14,850 00 $1 500 00 $7 500 00 51 602-00020 Reinforcing Steel (Epoxy Coated) LB 393 $4 00 $1,572 00 $11 00 $4,323 00 $6 25 $2 456 25 $11 00 $4 323 00 $6 60 $2 593 80 $5 00 $1,965 00 52 603-02180 23x14 Inch Reinforced Concrete Pipe Elliptical LF 116 $315 00 $36 540 00 $235 00 $27,260 00 $320 75 $37,207 00 $220 00 $25,520 00 $192 50 $22,330 00 $225 00 $26,100 00 53 603-02300 38x24 Inch Reinforced Concrete Pipe Elliptical LF 286 $510 00 $145,860 00 $297 00 $84,942 00 $340 00 $97 240 00 $235 00 $67,210 00 $379 50 $108,537 00 $250 00 $71,500 00 54 603-05118 23x14 Inch Reinforced Concrete End Section Elliptical EACH 4 $3,850 00 $15 400 00 $2,713 00 $10,852 00 $4 032 00 $16,128 00 $2,700 00 $10 800 00 $2,750 00 $11,000 00 $5,000 00 $20,000 00 55 603-05130 38x24 Inch Reinforced Concrete End Section Elliptical EACH 4 $7,110 00 $28,440 00 $6,915 00 $27,660 00 $4,785 00 $19,140 00 $3,200 00 $12,800 00 $4,070 00 $16,280 00 $6,250 00 $25 000 00 56 603-10150 15 Inch Corrugated Steel Pipe (Aluminized) LF 45 $175 00 $7,875 00 $120 00 $5,400 00 $250 00 $11,250 00 $125 00 $5,625 00 $99 00 $4,455 00 $150 00 $6,750 00 57 603-10180 18 Inch Corrugated Steel Pipe (Aluminized) LF 107 $185 00 $19,795 00 $130 00 $13,910 00 $255 00 $27 285 00 $135 00 $14,445 00 $115 50 $12,358 50 $150 00 $18,050 00 58 603-30015 15 Inch Steel End Section EACH 2 $1,105 00 $2 210 00 $530 00 $1,060 00 $1 740 00 $3,480 00 $800 00 $1 600 00 $605 00 $1,210 00 $750 00 $1,500 00 59 603-30018 18 Inch Steel End Section EACH 4 $1 335 00 $5,340 00 $575 00 $2,300 00 $1,780 00 $7 120 00 $850 00 $3,400 00 $742 50 $2,970 00 $1,000 00 $4 000 00 --- 60 604-39001 Manhole Special (6 -ft Diameterglat Top1(5-ft Deep) EACH 1 $19,225 00 $19,225 00 $13,015 00 $13,015 00 $9,900 00 $9,900 00 $11,000 00 $11,000 00 $10,560 00 $10 560 00 $12,500 00 $12,500 00 61 606-00302 Guardrail Type 3 (31 Inch Midwest Guardrail System) LF 65 $49 25 $3 201 25 $71 50 $4,647 50 $69 00 $4,485 00 $58 00 $3 770 00 $60 50 $3,932 50 $75 00 $4,875 00 62 606-00306 Guardrail Type 3 Terminal Section (Flared) EACH 1 $375 00 $375 00 $1,840 00 $1,840 00 $1,770 00 $1 770 00 $150 00 $150 00 $159 50 $159 50 $1,500 00 $1,500 00 63 606-01385 Transition Type 3J EACH 1 $2,500 00 $2 500 00 $189 00 $189 00 $181 00 $181 00 $1,500 00 $1,500 00 $1,556 50 $1,556 50 $2 500 00 $2,500 00 64 606-02008 End Anchorage (Nonflared)(MSKT Terminal) EACH 1 $5,500 00 $5,500 00 $5,506 00 $5,506 00 $5 290 00 $5 290 00 $4 500 00 $4,500 00 $4,658 50 $4,658 50 $5,000 00 $5 000 00 65 607-11525 Fence (Plastic)(Contingency) LF 250 $5 75 $1,437 50 $5 50 $1,375 00 $4 40 $1,100 00 $3 80 $950 00 $3 90 $975 00 $10 00 $2,500 00 66 607-11530 Fence (Speciai)(Smooth Wire)(Contingency) LF 96 $10 00 $960 00 $6 50 $624 00 $7 00 $672 00 $6 00 $576 00 $6 15 $590 40 $50 00 $4 800 00 67 612-00041 Delineator (Flexible)(Type I) EACH 4 $120 50 $482 00 $11050 $442 00 $108 00 $432 00 $95 00 $380 00 $93 50 $374 00 $250 00 $1,000 00 68 612-00042 Delineator (Flexible)(Type II) EACH 10 $125 50 $1,255 00 $11050 $1,105 00 $108 00 $1,080 00 $95 00 $950 00 $93 50 $935 00 $250 00 $2,500 00 69 612-00043 Delineator (Flexible)(Type III) EACH 4 $130 50 $522 00 $11050 $442 00 $108 00 $432 00 $95 00 $380 00 $93 50 $374 00 $250 00 $1 000 00 70 614-00011 Sign Panel (Class I) SF 54 $45 00 $2,430 00 $52 00 $2,808 00 $51 00 $2,754 00 $28 00 $1,512 00 $44 00 $2,376 00 $150 00 $8,100 00 71 614-00012 Sign Panel (Class II) SF 24 $52 00 $1 248 00 $65 00 $1,560 00 $63 30 $1,519 20 $41 00 $984 00 $55 00 $1,320 00 $150 00 $3 600 00 72 614-00015 Flashing Stop Sign (36 Inch) EACH 2 $2,520 00 $5 040 00 $6 500 00 $13,000 00 $5,067 00 $10,134 00 $6,000 00 $12,000 00 $4,400 00 $8,800 00 $5,000 00 $10 000 00 73 614-00216 Steel Sign Post (2x2 Inch Tubing) LF 210 $22 25 $4,672 50 $39 00 $8 190 00 $38 00 $7 980 00 $24 00 $5,040 00 $33 00 $6,930 00 $50 00 $10,500 00 74 619-75000 Cast Iron Valve Box (12 Inch Valve)(Contingency) EACH 3 $2,950 00 $8 850 00 $2,340 00 $7 020 00 $1 850 00 $5,550 00 $1 050 00 $3,150 00 $715 00 $2,145 00 $1 000 00 $3 000 00 75 620-00002 Field Office (Class 2)(Contractor Provided) EACH 1 $65,500 00 $65,500 00 $41,132 00 $41,132 00 $60,000 00 $60,000 00 $45,000 00 $45,000 00 $50,107 90 $50,107 90 $65,000 00 $65,000 00 76 620-00012 Field Laboratory (Class 2)(Contractor Provided) EACH 1 $45 000 00 $45,000 00 $41 785 00 $41 785 00 $44 000 00 $44 000 00 $36 000 00 $36,000 00 $41,458 95 $41,458 95 $35 000 00 $35 000 00 77 620-00020 Sanitary Facility EACH 2 $3,750 00 $7,500 00 $6,825 00 $13,650 00 $5,000 00 $10,000 00 $5,000 00 $10,000 00 $2,010 75 $4,021 50 $3,500 00 $7,000 00 78 625-00000 Construction Surveying L S 1 $100,000 00 $100 000 00 $62,430 00 $62,430 00 $66 500 00 $66,500 00 $40,000 00 $40 000 00 $54,325 70 $54 325 70 $75 000 00 $75 000 00 79 626-00000 Mobilization L S 1 $400,000 00 $400,000 00 $341,646 25 $341,646 25 $125,000 00 $125,000 00 $222 000 00 $222,000 00 $202,752 86 $202,752 86 $175,000 00 $175,000 00 80 627-00008 Modified Epoxy Pavement Marking GAL 154 $210 00 $32 340 00 $214 50 $33,033 00 $210 00 $32,340 00 $160 00 $24,640 00 $181 50 $27,951 00 $150 00 $23,100 00 81 627-00011 Pavement Marking Paint (Waterborne) GAL 65 $95 75 $6,223 75 $97 50 $6 337 50 $95 00 $6,175 00 $58 00 $3,770 00 $82 50 $5,362 50 $150 00 $9,750 00 82 627-00070 Preformed Thermoplastic Pavement Marking SF 83 $39 50 $3,278 50 $65 00 $5 395 00 $63 50 $5,270 50 $16 00 $1,328 00 $55 00 $4,565 00 $75 00 $6,225 00 83 627-30405 Preformed Thermoplastic Pavement Marking (Word -Symbol) SF 47 $22 50 $1,057 50 $65 00 $3,055 00 $63 50 $2 984 50 $16 00 $752 00 $55 00 $2,585 00 $75 00 $3,525 00 84 629-01001 Survey Monument (Type 1) EACH 10 $675 00 $6,750 00 $3,575 00 $35,750 00 $300 00 $3,000 00 $2 600 00 $26,000 00 $1,050 50 $10,505 00 $1,200 00 $12 000 00 85 629-01031 Survey Monument (Type 3A)(Contingency) EACH 1 $1,650 00 $1,650 00 $1,550 00 $1,550 00 $2,750 00 $2,750 00 $1,200 00 $1 200 00 $1,050 50 $1,050 50 $1,500 00 $1,500 00 86 629-01210 Adjust Monument Box EACH 1 $925 00 $925 00 $1,070 00 $1,070 00 $2 750 00 $2 750 00 $850 00 $850 00 $1 414 85 $1,414 85 $1 000 00 $1 000 00 87 630-00000 Flagging HOUR 500 $54 50 $27,250 00 $54 50 $27,250 00 $55 00 $27,500 00 $46 00 $23,000 00 $48 40 $24,200 00 $55 00 $27 500 00 88 630-00016 Traffic Control (Special) L S 1 $125 500 00 $125,500 00 $103,030 00 $103,030 00 $85,000 00 $85,000 00 $78,500 00 $78,500 00 $102,756 50 $102,756 50 $135,000 00 $135,000 00 89 630-10122 Variable Message Board EACH 4 $7,900 00 $31 600 00 $8,450 00 $33 800 00 $6 550 00 $26 200 00 $6,000 00 $24 000 00 $5 775 00 $23,100 00 $6 500 00 $26,000 00 90 630-80375 Concrete Barrier (Temporary)(Furnish and Install) LF 200 $90 00 $18,000 00 $42 00 $8,400 00 $120 00 $24 000 00 $70 00 $14,000 00 $114 10 $22,820 00 $65 00 $13,000 00 91 927-00170 Process Control Testing for items 203, 206 304 306 8, 603 DAY 90 $1,150 00 $103 500 00 $1,950 00 $175 500 00 $1,000 00 $90,000 00 $725 00 $65,250 00 $935 00 $84,150 00 $150 00 $13 500 00 92 700-70010 F/A Minor Contract Revisions F A 1 $375 000 00 $375,000 00 $375 000 00 $375,000 00 $375,000 00 $375,000 00 $375,000 00 $375,000 00 $375,000 00 $375,000 00 $375,000 00 $375 000 00 93 700-70016 F/A Fuel Cost Adjustment F A 1 $25 000 00 $25,000 00 $25 000 00 $25 000 00 $25,000 00 $25 000 00 $25 000 00 $25 000 00 $25 000 00 $25 000 00 $25,000 00 $25,000 00 94 700-70019 F/A Asphalt Cement Cost Adjustment F A 1 $25,000 00 $25 000 00 $25,000 00 $25,000 00 $25 000 00 $25 000 00 $25,000 00 $25,000 00 $25 000 00 $25 000 00 $25 000 00 $25,000 00 95 700-70023 F/A On -The -Job Trainee FA 1 $6,400 00 $6,400 00 $6,400 00 $6,400 00 $6,400 00 $6 400 00 $6,400 00 $6,400 00 $6 400 00 $6,400 00 $6,400 00 $6,400 00 96 700-70380 F/A Erosion Control F A 1 $35 000 00 $35,000 00 $35 000 00 $35,000 00 $35,000 00 $35,000 00 $35 000 00 $35 000 00 $35 000 00 $35,000 00 $35 000 00 $35,000 00 TOTAL $4,673,042 47 TOTAL $4,645,400 00 TOTAL $3,990,463 68 TOTAL $3,440,913 00 TOTAL $3,321,331 94 TOTAL $3,635,300 50 RFP TOTAL $4,645,400 00 RFP TOTAL $3,990,463 68 RFP TOTAL $3,440,913 00 RFP TOTAL $3,321,331 94 RFP TOTAL $3,635,300 50 DIFFERENCE $0 00 DIFFERENCE $0 00 DIFFERENCE $0 00 DIFFERENCE $0 00 DIFFERENCE $0 00 WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett(a weld.gov cgeisert@weld.gov ttavlor(c�weld.gov Phone: 970-400-4222, 4223 or 4454 DATE OF BID: APRIL 28, 2025 REQUEST FOR: WCR 41 & SH 52 INTERSECTION IMPROVEMENTS DEPARTMENT: PUBLIC WORKS BID NO: B2500045 PRESENT DATE: APRIL 30, 2025 APPROVAL DATE: TBD VENDOR MOUNTAIN CONSTRUCTORS INC PO BOX 405 622 MAIN STREET PLATTEVILLE CO 80651 AB UNDERGROUND LLC 21269 COUNTY ROAD 47 LASALLE CO 80645 COULSON EXCAVATING CO 3609 MADISON AVENUE LOVELAND CO 80538 ASPHALT SPECIALTIES CO 345 Q. 62N° AVENUE DENVER CO 80216 TWX TIMBER WOLF EXCAVATING LLC PO BOX 636 BROKEN ARROW OK 74013 THE PUBLIC WORKS DEPARTMENT IS REVIEWING THE PROPOSALS. 2025-1153 u/3O EC,oa5 Hello