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Home My WebLink About20252461.tiffCor*'c c*- I 992O SERVICE AGREEMENT BETWEEN WELD COUNTY AND TCC CORPORATION THIS AGREEMENT is made and entered into this 2nd day of September 2025, by and between the Board of Weld County Commissioners, on behalf of Facilities Department, hereinafter referred to as "County," and TCC Corporation, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; 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 attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Invitation for Bid (IFB) as set forth in Bid Package No. B2500106. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and ends one year later. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from Form Revision 5-2025 CC: 0h}.(BC�r) pug cha 9/2 2/25 2ozs-Zct(0I B 0021 entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving 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 completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any _ act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed $136,145.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 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 2 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 the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. 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 and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action 3 by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional 4 insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, 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." Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the certificate" Weld County, its elected officials, affiliated entities, employees, agents, and volunteers as Additional Insureds" for the Commercial General Liability coverage and for the Automobile Liability coverage for work that is being performed by or on behalf of the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All 5 certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. 13. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in 6 coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 16. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery. 17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or 7 subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County. 18. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 20. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. 21. Notices. 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 and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: TCC Corporation 8 Name: Ernie Crownover Position: President Address: 6820 Powell St. Address: Loveland, CO 80538 E-mail: ecrownover@tcccorp.net Phone: 970-460-053 TO COUNTY: Position: Patrick O'Neill Address: 1105 H Street Address: Greeley, CO 890631 E-mail: poneill@weld.gov Phone: 970-400-2023 22. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 23. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 24. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 25. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 26. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, 9 confidentiality and record keeping requirements) shall survive any such expiration or termination. 28. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 29. Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of the monetary limitations or any of the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter amended. 30. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 31. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado, or its designee. 32. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. 10 If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: I CC Colt -P02-"°^1 By: wuovet- Name: Title: Vice Date of Signature: gltz�Z� WELD COUNTY: ATTEST: ddSt444) :4, BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Weld County Clerk to the Board BY: sa Deputy Clerk to the Board G 11 L. Buck, Chair SEP 2 2 2025 2U25 -74-W Exhibit A Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631 General Services - Invitation for Bid (IFB) Cover Sheet Bid Number: B2500106 Title: Peckham Grader Shed Backup Generator Advertisement Date: July 24, 2025 Pre- Bid Meeting: August 4, 2025, at 10:00 AM Pre- Bid Location: 20488 County Road 33, LaSalle, CO 80645 Questions Due: August 11, 2025, by 5:00 PM Questions Posted: August 12, 2025, by 5:00 PM Questions email: bidsweld.gov Bid Due Date: August 18, 2025, by 10:00 AM, Purchasing's Clock Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids(a�weld.gov Documents Included in this Bid Package IFB Schedules IFB Attachments Attachment 1 — Project Drawings Schedule A: Bid instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance Schedule F: Weld County Contract Form Revision 6-2025 Table of Contents General Services - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Table of Contents 2 Schedule A - Bid Instructions 3 Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 Schedule B - Scope of Work 6 Project Overview 6 Method of Procurement 6 Pricing Method 6 Specific Requirements and Responsibilities 6 Schedule C - Procurement Schedule 9 Schedule D - Bid Response Form 10 Bid Submittal Instructions 10 Fees 10 Attestation 10 Schedule E — Insurance 12 Insurance 12 Insurance Mailing Information 14 Schedule F - Weld County Contract 16 Contractual Obligations 16 Weld County Standard Contract 16 Solicitation # B2500106 Page 2 Schedule A - Bid Instructions Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, "Weld County"), wishes to purchase the following: Peckham Grader Shed Backup Generator A Mandatory pre -bid conference will be held on August 4, 2025 , at 10:00 AM at the Peckham Grader Shed located at, 20488 County Road 33 LaSalle, CO 80645. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: August 18, 2025 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 18, 2025 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631. Microsoft Teams Join the meeting now Meeting ID: 267 902 575 760 Passcode: BS2Jb3zT By Phone +1 720-439-5261„536481959# United States, Denver Phone conference ID: 536 481 959# Bid Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Submission 1. PREFERRED: email bids to bids(aiweld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time. 2. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. Introductory Information 1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by authorized person. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations Solicitation # B2500106 Page 3 must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attomey must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. 2. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld'County Procurement Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. 3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. 4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a Solicitation # B2500106 Page 4 negative impact on Weld County in the current term or in any future terms. Solicitation # B2500106 Page 5 Schedule B - Scope of Work Project Overview Weld County is seeking bids for a vendor to provide a backup generator for the Peckham Grader Shed. Method of Procurement Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an IFB contract. Pricing Method Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not -to -exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs. Specific Requirements and Responsibilities 1. This is a turnkey project which include but not limited to generators, concrete pad, enclosure, and all associated electrical work. 2. All equipment and materials shall be submitted and approved prior to construction. The County Project Manager is to review and approval all colors prior to installation. 3. Work during business hours will be acceptable. This facility is operational 24/7. The contractor will be required to provide uninterrupted power for any major power transfers. The contractor is to minimize any disruptive work and the County reserves the right to shut down any work that is deemed disruptive to the facility operations or clients. 4. Any work being performed in this facility needs to be coordinated one week prior to commencement. 5. All grounding is to be installed per code. 6. Contractor to provide fire caulking or foam for all fire rated penetrations. A detailed submittal of all penetrations is to be provided to the owner / engineer for review and approval. All other non -fire rate penetrations to have a weather tight seal. 7. All supports, raceways, and electrical devices to be submitted and approved prior to construction. 8. Contractor is to be certified for installation of specified generator. 9. Contractor is responsible for filling all appropriate fluids to fully operate and test backup generator. 10. Contractor is responsible for lubricating all necessary components for backup generator. 11. Contractor to adjust and test automatic transfer switch in normal and emergency mode. Starting and testing the system in automatic mode simulating power failures from the utility. Electrical wires, pipes and devices shall comply with UL standard and meet National Electric Codes. 12. All materials and equipment incorporated into the project shall be new unless noted otherwise. The Contractor shall transport and safeguard all materials and equipment required for construction. Solicitation # B2500106 Page 6 13. Contractor to coordinate all irrigation lines with Weld County. 14. Generator shall be installed according to manufacturer's specifications. 15. Contractor to include in the bid one of the three following generator vendors. Cummins, Generac, and Kohler. The County will not accept other generator vendors. Contractor to provide full submittal cut sheets of proposed generator with bid response. 16. Final location to be determined through project coordination 17. Proof of full load testing. Engine generator set shall be operated at 75% of rated load for at least two hours and then 100% rated load for at least four hours. In addition, a full load acceptance test of 100% of rated load shall be applied to the generator with voltage and frequency stabilization occurring per Specifications. 18. Contractor will be responsible for all weather protection. 19. Contractor to coordinate all parking and staging of equipment prior to starting onsite. 20. Remote panel locations and specific notifications will be determined onsite. 21. Contractor is responsible for developing and maintaining a storm water management plan per the project documents and all local EPA and State of Colorado requirements. Contractor must complete all requirements and submit via CEOS website. Contractor is responsible for and will be the operator for all associated permits and will be responsible for all violations/fines for non-compliance with the regulatory requirements. 22. Contractor will provide two (2) complete sets of O&M manuals. 23. Contractor will provide two (2) complete sets of as-builts along with a digital file. 24. Contractor will provide all manufacturer's warranty documentation for all equipment. 25. Contractor will provide a detailed report for all craftsmanship and labor warranties. 26. Contractor will provide a maintenance schedule for ail systems and or equipment as required to maintain all warranties. 27. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff. 28. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 29. RFI's are only to be sent through the County project manager. RFI responses will be sent from the County project manager to the construction team. Direct submissions to or responses from any other source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed 30. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 31. Contractor is responsible for all private and public locates. 32. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. Contractor is responsible for the coordination and scheduling of all inspections that are required. The contractor will be responsible for having a qualified representative on site for any inspection. 33. All electrical work will be done by a qualified State licensed electrician. 34. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 35. All lifting and hoisting equipment shall be provided by the contractor as needed. 36. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 37. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 38. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. Solicitation # B2500106 Page 7 39. Weld County is a tax-exempt entity. 40. Davis -Bacon and Buy American requirements are NOT required. 41. Contractor is to provide lien waivers with each pay application. Solicitation # B2500106 Page 8 Schedule C - Procurement Schedule Below is the anticipated schedule for procurement of this solicitation: Advertisement Date Pre -Proposal Meeting (Mandatory) Technical Questions Due Technical Questions email Questions Answered via Addendum Proposals Are Due Solicitation Notice of Award (Anticipated) Contract Execution (Anticipated) July 24, 2025 August 4, 2025, at 10:00 AM 20488 County Road 33 LaSalle, CO 80645 August 11, 2025, by 5:00 PM bids(0 weld.gov August 12, 2025 August 18, 2025, by 10:30 AM Purchasing's Clock September 3, 2025 September 17, 2025 Solicitation # B2500106 Page 9 Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline. 1) Schedule D — Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project below: Item Price Architectural Mechanical Total Lump Sum Cost $ Alternate #1 - Add 200A MTS with 200A/2P Disconnect Attestation The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request B2500106 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 6. Acknowledgment of Schedule F — Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Item Company Name: Address: Entry Solicitation # B2500106 Page 10 Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Title: Date of Signature Solicitation # B2500106 Page 11 Schedule E — Insurance Insurance Contractor shall provide coverage with limits of liability no less than those stated below: Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act, AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $ 2,000,000 Personal/Advertising Injury $ 1,000,000 Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non -owned vehicles operating both on County property and elsewhere in the performance of this Contract. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, 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." Contractor's Automobile Insurance Policy shall include Minimum Limits as follows: Bodily Injury/Property Damage (Each Accident) $ 1,000,000 Solicitation # B2500106 Page 12 Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the certificate" Weld County, its elected officials, affiliated entities, employees, agents, and volunteers as Additional Insureds" for the Commercial General Liability coverage and for the Automobile Liability coverage for work that is being performed by or on behalf of the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences. Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney's Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action. Additional Insurance Related Requirements: The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project. Solicitation # B2500106 Page 13 Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given. On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if policies are reduced in coverage or limits, cancelled or non -renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Alex Engelbert Email: aengelbert@weld.gov Telephone: 970-400-2043 Solicitation # B2500106 Page 14 Mail: Weld County Facilities Department ATTN: Alex Engelbert PO Box 758 Greeley, CO 80632 Solicitation # B2500106 Page 15 Schedule F - Weld County Contract Contractual Obligations 1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution. 2. Issuance of this solicitation does not commit the County to award any agreement or to procure. 3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee. 4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non - appropriation, and termination. 5. Contractor's Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project -by -project basis that provide further clarification. Weld County Standard Contract Below is a sample of a standard Weld County Contract for General Services: Service Agreement Between Weld County and [Contractor] THIS AGREEMENT is made and entered into this day of 4 , } 202_, by and between the Board of Weld County Commissioners, on behalf of [tie 1t], hereinafter referred to as "County," and [Contractor], hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability to perform the required services at or below the cost set forth in the attached Exhibits; 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. Solicitation # B2500106 Page 16 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of- this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment. Exhibit A consists of County's Invitation for Bid (IFB) as set forth in Bid Package No: R . Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees: to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may,resultin 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 ends one year later. Both of the parties to this Agreement understand and agree that the laws' of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving 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 completed or partially completed Work under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Upon termination of this Agreement Solicitation # Page 17 by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed as set forth in the Exhibits. No payment in excess of that. set forth in the Exhibits will be made by County unless a Change Order authorizing such additipnal payment has been specifically approved by Weld County. If, at any timezdring the term or after: termination or expiration of this Agreement, County reasonably determines that arty 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 noticef 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 all not withhold any taxes from monies paid to the Contractor hereunder and Contractor agreezto be solely responsible for the accurate reporting and payment of any taxes rl` ted to payments made pursuant to the terms of this Agreement. Unless expressly enumer ' in the att4Ohed Exhibits, Contractor shall not be entitled to be paid for any otherexpenses g. • T ge). Notwithstanding anything to the contrary contained in this Agreement, County shan't, re no obligations under this Agreement after, nor shall any payments be made .Contractor in respect of any period after December 31 of any year, without an appropriation t fore byounty in accordance with a budget adopted by the Board' of.County Cd missioner 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 ate. Cont'ctor's officers, agent* or employees'will not become employees or agents of County, nor ntitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall I 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` act Contractor as to details of doing work or to exercise a measure of control over the work Mean that Contractor shall follow the direction of the County as to end results of the work only The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, Solicitation # B2500106 Page 18 assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. 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„impletion of this work. Acceptance by County of reports and incidental materials) furnishedMunder this Agreement shall not in any way relieve Contractor of responsibilityfor the quality and accuracy 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 def. ult exists shall not impair or prejudice any right or remedy available to CoLunty witkrespect t&such breach or default. No assent expressed or implied, to any breach of any one dr more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any'of;the County's rights under this Agreement or under the law generally 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods,,and services nprovided 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 shalt waive subrogation rights against County. Contractor shall provide coverage with limits,of liatiil tyno less -.than those stated below. An excess liability policy or umbrella` liability policy may beused to"meet the minimum liability requirements provided that the coverage is written on.,,e `following form" basis. Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authorized to do business ire State of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 Solicitation # B2500106 Page 19 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, affiliated entities, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor." Such policy shall include Minimum Limits as follows: Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products/Completed Operations Aggregate $2 2,000,001 L Personal/Advertising Injury $ Automobile Liability Insurance for Bodily Injury andProperty;Damagefc an, owned, hired, and non -owned vehicles operating both on County, o er r and elsewhere in the performance of this Contract. The policy shall be endorsed to include th'e f llowingfditional insured language: "County, its elected officials, affiliated entities, erriplOyees, agents, and volunteers shall be named as additional insureds with respect o liability arising out of the activities performed by, or on behalf of the Contractor " Contractor's Automobile Insurance Policy shalriOude Minimum Limits as follows: Bodily Injury/Property Damage (Each l (dent) $ 1,000,000 12. Proof of Insurance., ll surers must be licensed or approved to do business within the State of Colorado, and u : otherwise specified, all policies must be written on a per occurrence basis. ' e Con shaft*vide for shallvide the County with a Certificate of Insurance evidencing all required co , ih g s before commencing work or entering the County premises. The'Contractor shall furnish the Goi my with certificates of insurance (ACCORD) form or equivalent approved by tpCounasrequired by this Contract. The certificates for each insurer ce p Iic . be ,d y a person authorized by that insurer to bind coverage on its behalf. The Cont r shall name on the certificate" Weld County, its elected officials, affiliated entities, empl es, agents, and volunteers as Additional Insureds" for the Commercial General i lity coverage and for the Automobile Liability coverage for work that is being performed 'on behalf of the Contractor. On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract. Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences. Solicitation # B2500106 Page 20 Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract. All certificates and any required endorsement(s) shall be sent directly to the County Department Representative's Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time. Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorneys Office, whose decision shall tic final. Such action Will not require a formal contract amendment but may be made by administrative action. r ,> 13. Additional Insurance Related Requirements: The County requires'#fat all policies of insurance be written on a primary basis, non-contributory with an+other'insurance coverages and/or self-insurance carried by the County. The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence, limit. At their own expense, the Contractor will reinstate the aggregate limits to comply} with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force. Commercial General Liability Completed Operations coverage .must be kept in effect for up to three (3) years after completion:of the'project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years 'after completion of the project. Certificates of insurance shill state that on the policies that the County is required to be named as anAA dFtional Insu red, the. -insurance- carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non -renewal, suspension, voided, or material char' `es to policies required under pis Agreement, except when cancellation is for non- payment of premium, then ten (10) days prior notice may be given. On all other policies, it rs 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 provi de notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer's notification to that effect. The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement. Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award. Solicitation # B2500106 Page 21 14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/.o prudent, maintain higher limits and/or broader coverages. The Contractor is not relief any liability or other obligations assumed or pursuant to the Contract by "son of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The' ontracto `s hall maintain, at its own expense, any additional kinds or amounts of insurance that it; may cerY iecessaryto cover its obligations and liabilities under this Agreement. .f 16. Mutual Cooperation. The County and Contractor.,,cooperate with each' other in the collection of any insurance proceeds which may be,payabie ,,the ev t of any loss, including the execution and delivery of any proof of loss or..o her actions equired to effect recovery. 17. Indemnity. The Contractor shall defend, indemnify ld harmless and, not excluding the County's right to participate, defend the Count its ofF N~ Doff a s, agents, and employees, from and against all liabilities, claims, actions, damages, to g d's-, and expenses including without limitation reasonable attorneys' fees and cots (hereirt'after referred to collectively as "claims") for bodily injury or personal injury,including lath, orio,s, or damage to tangible or intangible property caused, or alleged to be.t aused, in4hole or in part, by the negligent or willful acts or omissions of Contractor or any -Of its owners, officers, directors, agents, employees or subcontractors. This', indemnityineludes any claim or amount arising out of or recovered under theN*oikers' Compensation law or arising out of the failure of such contractor to conf to any federal, state, or local law, statute, ordinance, rule, regulation, or court decrte It is the specific intention4of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contracto from and against any and all claims. It is agreed that Contractor will be resyf ' er�rtrylos investigation, defense, and judgment costs where this indemnification is appli ble in consideration for the award of this contract, the Contractor agrees to waive all rightsof subrogation against the County, its officers, officials, agents, and employees for losses aWing from the work performed by the Contractor for the County. 18. Non-Assignmenfi '`contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. Solicitation # B2500106 Page 22 20. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or Governmental actions. 21. Notices. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address aet:forth below, where a receipt or acknowledgment is required and received by the sending party; or Either party may change its notice address(es) by written notice''to:the other. Notice may be sent to: TO CONTRACTOR: Name: Position: Address: E-mail: Phone: TO COUNTY: Name: Position: Aggress: E,`rrmail: Phone: 22. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules`and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 23. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature. 24. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 25. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made Solicitation # B2500106 Page 23 available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 26. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 27. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including, without limitation, the warranties, indemnification obligations, confidentiality and record keeping requirements) shall survive any such expiration or termination. 28. Severability. If any term or condition of this Agreemb .shall be held to be nvalid, illegal, or unenforceable by a court of competent jurisdiction, theA,greement haIl betonstrued and enforced without such provision, to the extent that this Agreement is then capable, of execution within the original intent of the parties. 29. Non -Waiver. No term or condition of this Agreements )142.e construed or interpreted as a waiver, express or implied, of the monetary limitations or anyof, the other immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24- 10-101 et seq., as applicable now or hereafter amended. 30. No Third -Party Beneficiary. It is expierstood aged that the enforcement of the terms and conditions of this Agree f:ent, and all rights ofAction relating to such enforcement, shall be strictly rest t the under fined parties and nothing in this Agreement shall give or allow any clai t right of it#0,,p whatsoever by any other person not included in this Agreement. It is the expr ntention of the undersigned parties that any entity other than the undersigned"parties rec ng services or benefits under this Agreement shall be an incidental beneficiary only. 31. Board o1 County Commissioners of Weld County Approval. This Agreement shall not be valid *itilit has been approved t y ,the Board of County Commissioners of Weld County, Colorado, or its designee 32. Choici fia Juris lictiColorado law, and rules and regulations established pursuant thereto, shall be app li in the -interpretation, execution, and enforcement of this Agreement. Any provision included` r jncorporated herein by reference which conflicts with said laws, rules and/or regulations shalt be null and void. In the event of a legal dispute between the parties, Contractor agrees tha tte Weld County District Court shall have exclusive jurisdiction to resolve said dispute." 33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an unauthorized alien who will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter into a contract with a subcontractor that employs or contracts with an unauthorized alien to perform work under this Agreement. Upon request, contractor shall deliver to the County a written notarized affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law. Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation. Solicitation # B2500106 Page 24 If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this.greement, understands it and agrees to be bound by its terms. Both parties furtherragret that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written,,and any other communications between the parties relating to thesubject matter of this A ri ement. CONTRACTOR: By: Name: Title: WELD COUNTY: ATTEST: Weld County Clerk to the B BY: Deputyfclerk to the Board [Insert Name], Chair Date. of Signatuire: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO Solicitation # B2500106 Page 25 Exhibit B Schedule D - Bid Response Form Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline. 1) Schedule D — Bid Response Form 2) Any potential or future Addenda must be completed/acknowledged. 3) All other items as requested in the Bid Specifications and/or Scope of Work. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non -responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. Fees Provide fees for this project below: Item Price Architectural $ 43,042.00 $ 93,103.00 Mechanical Total Lump Sum Cost $ 136,145.00 I Alternate #1 - Add 200A MTS with 200A/2P Disconnect I $ 4,962.00 Attestation The undersigned, by his or her signature, hereby acknowledges and represents that 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request B2500106 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting. 5. Acknowledgement of Schedule E — Insurance 6. Acknowledgment of Schedule F — Weld County Contract 7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County. 8. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Item Company Name: Address: TCC Corporation 6820 Powell Street, Loveland CO Entry Solicitation # B2500106 Page 10 Phone 970-460-0583 Email: FEIN/Federal Tax ID #: ecrownover@tcccorp.net 84-0964449 CONTRACTOR: By: �— ------- Name: Ernie Crownover Title: President 08/18/2025 , Date of Signature Solicitation # B2500106 Page 11 BID BOND CONTRACTOR: (Name, legal status and address) TCC Corporation 6820 Powell Street Loveland, CO 80538 " MA�1 IN AmatICA �. SURETY: (Name, legal status and principal place of business) NGM Insurance Company 55 West Street Keene, NH 03431 OWNER: (Name, legal status and address) Weld County 1301 N. 17th Ave. Greeley, CO 80631 BOND AMOUNT: Five Percent (5%) of the Total Bid Amount PROJECT: (Name, location or address, and Project number, if any) Peckham Grader Shed Backup Generator - 82500106 20488 CR 33 LaSalle, CO 80645 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acoeptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 18th_ day of August , 2025 By:O`�-- (Witness) Carrie Tow, Secretary By. tale /e� !t ta. (Witness) William R. Gr r, Attorney -in Fact TCC Corporation By: 2 Vii' (Principal) Ernie Crownover. President (Title) NGM Insurance Company By: (Surety) Tim Mitchell, Attorney -in -Fact (Title) (Seal) Attorney -in -Fact Printed in cooperation with the American Institute of Architects (ALA) by the NGM Insurance Company of 4601 Touchton Road Eest,Suite 341➢0, Jacksonville, FL 32256 904-739-0873. The language in this document conforms exactly to the language used in ALA Document A310, 2010 68-9008 03/2015 NRES STREET AMERICA INSURANCE �a l� POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By -Laws of said Company, to wit: "Article IV, Section 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys -in -fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, recognizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attorneys -in -fact at any time and revoke the power and authority given to them. " does hereby make, constitute and appoint Tim Mitchell, William Greer its true and lawful Attorneys -in -fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, undertakings, recognizances, contracts of indemnity, or other writings obligatory in nature of a bond subject to the following limitation: 1. No one bond to exceed Ten Million Dollars ($10,000,000) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of NGM Insurance Company; the acts of said Attorney are hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By -Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attomey or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the company as the original signature of such office and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Secretary and its corporate seal to be hereto affixed this 9th day of October, 2024. NGM INSURANCE COMPANY By: Lauren K. Powell State of Wisconsin, Vice President, Corporate Secretary County of Dane. On this 9th day of October, 2024, before the subscriber a Notary Public of State of Wisconsin in and for the County of Dane duly commissioned and qualified, came Lauren K. Powell of NGM Insurance Company, to me personally known to be the officer described herein, and who executed the preceding instrument, and she acknowledged the execution of same, and being by me fully swom, deposed and said that she is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that Article IV, Section 2 of the By -Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Madison, Wisconsin this 9th day of October, 2024. -012Ase J. ITtM• My Commission Expires May 21 2027 N�TAR"- P Y � lam? -"_ I, Nathan Hoyt, Assistant Vice President of NGM Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said Company which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at Madison, Wisconsin this 18th day of August , 2025 . Nathan Hoyt Assistant Vice President WARNING: Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-603-354-5281. TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Attn: Bond Claim Dept. or call our Bond Claim Dept. at 1-603-358-1437. Addendum # 1 Bid Request Number B2500106 Peckham Grader Shed Backup Generator Bidnet Currently Reads: Prebid Conference: 08/04/2025 12:00 AM MDT Change: Change to read: 08/04/2025 10:00 AM MDT Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: TCC Corporation 08/18/2025 Signature: 2� — Name: Ernie Crownover Title: President August 11, 2025 Date of Signature ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/3/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ewing -Leavitt Insurance Agency, Inc. CONTACT Renee McReynolds NAME: ,72.7..E.: (970) 679-7346 I rc,No): (666)425-6180 5689 McWhinney Blvd. Mass: ranee-mcReynolds@leavitt.COM INSURERS) AFFORDING COVERAGE NAIL # Loveland CO 80538 INSURER A: Charter Oak Fire Insurance Company 25615 INSURED INSURERB:St Paul Protective Insurance Company 02016 TCC Corporation msumitc:Travelers Property & CeS Ins Company 36161 6820 Powell St INSURER D:Pinnacol Assurance 41190 INSURER E: Zurich Insurance Group 850457 Loveland CO 80534 INSURER F: COVERAGES CERTIFICATE NUMBER:25-26 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS: TYPE OF INSURANCE LTR ADDL SUER INSD MD POLICY NUMBER POLICY EFF fakJ'g YYYY) POLICY IXP fa/DDlA LIMITS X A X COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE OCCUR Blkt Addl Insureds X Y B2573833 5/1/2025 5/1/2026 EACH OCCURRENCE $ 1, 000 , 000 PREM SES (EaEo currence) $ 500,000 MED EXP (Any one person) $ 10,000 X Blkt Waiver Subrogation PERSONAL BADV INJURY $ 1,000,000 GENII AGGREGATE LIMIT APPLIES PER: POLICY a PROT O LOC JEC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OPAGG $ 2,000,000 Employee Benefits $ AUTOMOBILE _ B X X X UABWTY ANY AUTO ALL OWNED AUTOS HIRED AUTOS Blkt W0S SCHEDULED AUTOS NON -OWNED X AUTOS X Blkt Addl Insureds •Underinsured X Y .255992A 5/1/2025 5/1/2026 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PRO IXWAMAGE (Per accident) motorist combined sir $ X C UMBRELLA UAB EXCESS LIAR X OCCUR CLAIMS -MADE X Y 82607496 5/1/2025 5/1/2026 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED I X I RETENTION $ 10,000 WORKERS COMPENSATIO 1 AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' El D (Mandatory in NH) If yes, desaibe under DESCRIPTION =PEW.. Wow N /A y inel Blkt Waiver subrogation 4021079 7/1/2025 7/1/2026 I PER I 1OTH- x STATUTE ER E.L. EACH ACCIDENT $ 500 ,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 E Builders' Risk Coverage A Contractors' Equipment BR73861347 82573833 5/1/2021 5/1/2025 continuous 5/1/2026 $3,000,000 any one structure $1000 deductible LEASED/RENTED EQUIPMENT $250,000 LIMIT DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) re: B2500106, Peckham Grader Shed Backup Generator, 20488 CR 33, LaSalle CO Weld County, its associated and/or affiliated entities, successors, or assigns, its elected officials, employees, agents, and volunteers are named as Additional Insureds as respects work performed. Waiver of subrogation endorsements are provided in favor of the additional insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Div ACCORDANCE WITH THE POLICY PROVISIONS. 1301 North 17th Ave AUTHORIZED REPRESENTATIVE Greeley, CO 80631 I R McReynolds /RESTEI 41s,weAcJ ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 9/3/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW- THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ewing -Leavitt Insurance Agency, Inc. 5689 MoWhinney Blvd. Loveland CO 80538 CONTACT Renee McReynolds NAME: Mat F..: (970)679-7346 Ijac, No): (866)456-4265 nooeess: renee-mcreynolds@leavitt.com INSURER(S) AFFORDING COVERAGE NAIL S INSURER A: Underwriters at Lloyd's, London 15792 INSURED TCC Corporation 6820 Powell St Loveland CO 80534 INSURER B : INSURER C: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:Prof/Pollution REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TIT TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MMIDDIYI'YY). POLICY EXP (MMIDDIY Y%* LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR EACH OCCURRENCE $ MA= S (Ea o cu?rence) $ MED EXP (Any one person) $ PERSONAL 6 ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO Li LOC JECT OTHER: PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY _ ANY AUTO ALL OWNED ---AUTOS HIRED AUTOS - SCHEDULED _ AUTOS NONAWNED AUTOS COa aceidenUMBINED SINGLE LIMIT (E $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY EHH" N ANY PROPRIETORlPARTNE EgECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below /A N, A I STATUTE I I ER - E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Contractors Professional and Pollution Liability X Y ANE5434766. 25 Blkt Addl Inad/NOS 4/18/2025 4/18/2026 $1,000,000 ea claim/$2M.OO E6O Limits $1,000,000 ea claiM$1Mil Agg Pollution Limits DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) re: B2500106, Peckham Grader Shed Backup Generator Weld County, its associated and/or affiliated entities, successors, or assigns; its elected officials, employees, agents, and volunteers are named as Additional nsureds as respects work performed- Waiver of subrogation endorsements are provided in favor of the additional insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Div ACCORDANCE WITH THE POLICY PROVISIONS. 1301 North 17th Ave AUTHORIZED REPRESENTATWE Greeley, CO 80631 R McReynolds/LAEWIN I ACORD 25 (2014/01) INS025 (201401) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name* TCC CORPORATION Entity ID* @00034361 Contract Name* PECKHAM GRADER SHED BACKUP GENERATOR Contract Status CTB REVIEW Contract ID 9920 Contract Lead * CNAIBAUER Contract Lead Email cnaibauer@weld.gov Contract Description* INSTALL BACKUP GENERATOR AT THE PECKHAM GRADER SHED. Contract Description 2 Contract Type* CONTRACT Amount* $136,145.00 Renewable * NO Automatic Renewal Grant IGA New Entity? Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 09/13/2025 GROUNDS 09/17/2025 Department Email CM- BuildingGrounds@weld.go Department Head Email CM-BuildingGrounds- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL RN EY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 06/01/2026 Committed Delivery Date Renewal Date Expiration Date* 06/01/2026 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head PATRICK O'NEILL DH Approved Date 09/15/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09/22/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 09/15/2025 09/15/2025 Tyler Ref # AG 092225 Originator CNAIBAUER August 22, 2025 FACILITIES DEPARTMENT (970) 400-2020 1 105 H St., P.O. Box 758 Greeley, CO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: Peckham Grader Shed Backup Generator - 106 As advertised this bid is for a new backup generator for the Public Works Department. The low bid is from TCC Corporation and meets the specifications. Therefore, the Facilities Department is recommending the award to TCC Corporation in the amount of $136,145.00. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Facilities Director 2025-2461 q/3 MIOOZ-1 Weld County Finance Department Purchasing Division bids(aweld.gov 1301 North 17th Avenue Greeley, Colorado 80631 Bid Opening Tabulation Title: Peckham Grader Shed Backup Generator Bid Number: B2500106 Department: Facilities Bid Opening Date: August 18, 2025 Approval Date: September 3, 2025 Vendor(s) Name Total Amount TCC Corporation 6820 Powell Street Loveland, CO 80538 $136,145.00 CE Power Systems 5454 Washington #3 Denver, CO 80216 $163,240.00 Purvis Industries 13100 E. Albrook Dr, Unit 100 Denver, CO 80239 Non -responsive Expedia Power Inc 2056 W. 2200 South West Valley City, UT 84119 Non -responsive The Facilities Department is reviewing the proposals. Hello