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Home My WebLink About20250586.tiffResolution Approve Three (3) Party Tender Agreement and Full Release Between Surety Company and Obligee for Jail Elevator Modernization Project, and Authorize Chair to Sign — DZMod Lift Company and Capitol Indemnity Corporation Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, on the 5th day of June, 2023, the Board of County Commissioners of Weld County, Colorado, approved Bid #B2300105, awarding Peak Elevator, LLC, for the Jail Elevator Modernization Project, for the total amount of $181,975.00, and Whereas, pursuant to said approved bid, the Board approved the Agreement for Construction Services to perform said project, and Whereas, the Weld County Facilities Department determined DZMod Lift Company has abandoned the project and defaulted the terms and conditions of said agreement, requiring the pursuit of Performance and Labor and Materials Bonds, collectively identified as #CIC1939688, provided by Capitol Indemnity Corporation, and Whereas, Capitol Indemnity Corporation, subcontracted DZMod Lift Company to facilitate completion of said project, and Whereas, the Board has been presented with a Three (3) Party Tender Agreement and Full Release Between the Surety Company and Obligee for the Jail Elevator Modernization Project, regarding Performance and Labor and Materials Bonds, collectively identified as #CIC1939688, among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, DZMod Lift Company, and Capitol Indemnity Corporation, commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and Whereas, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Three (3) Party Tender Agreement and Full Release Between the Surety Company and Obligee for the Jail Elevator Modernization Project, regarding Performance and Labor and Materials Bonds, collectively identified as #CIC1939688, among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, DZMod Lift Company, and Capitol Indemnity Corporation, be, and hereby is, approved. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said agreement. cc: t3G(po/cw), CA (BENK) o3/3i/25 2025-0586 BG0027 Three (3) Party Tender Agreement and Full Release Between Surety Company and Obligee for Jail Elevator Modernization Project — DZMod Lift Company and Capitol Indemnity Corporation Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 3rd day of March, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Excused Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Excused Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-0586 BG0027 2 27 2025 THREE PARTY TENDER AGREEMENT AND FULL RELEASE AS BETWEEN THE SURETY AND OBLIGEE Surety: Capitol Indemnity Corporation Principal: Peak Elevator, LLC Obligee: Weld County Completion Contractor: Dzmod Lift Co. Project: Jail Elevator Modernization Project, Contract ID #7090 Performance Bond No.: CIC1939668 This Three Party Tender Agreement and Full Release as Between the Surety and Obligee (the "Agreement") is made this day of February 2025, between and among Weld County, State of Colorado (hereinafter "Obligee") AND Capitol Indemnity Corporation, a corporation of the State of Wisconsin (hereinafter the "Surety" or "CAPITOL"), AND Dzmod Lift Co., a Colorado Limited Liability Company (hereinafter "Completion Contractor") Obligee, CAPITOL, and Completion Contractor shall be referred to collectively as "Parties and individually as a "Party" RECITALS WHEREAS, on or about June 21, 2023, Obligee, as Owner, awarded a contract to Peak Elevator, LLC ("Pnncipal"), as contractor, a contract for Jail Elevator Modernization Project, Contract ID #7090, the "Original Contract", as hereinafter defined, for the performance of certain work on a construction project known more commonly as Jail Elevator Modernization Project, Contract ID #7090 (the "Project"), and WHEREAS, Pnncipal's scope of work on the Project is more particularly set out m the attached Exhibit "A" (the "Original Contract") which is fully incorporated herein by reference, and 1 2025-0586 3/3 gc-1002-1 2 27 2025 WHEREAS, in connection with the Original Contract, Capitol, as surety, issued separate Performance and Labor and Material Payment Bonds, each bearing bond number CIC1939668 in the penal sum of $181,975.00 (collectively, the "Bonds"), on behalf of Principal, as principal, and in favor of Obligee, as obligee, and WHEREAS, the Principal has defaulted and abandoned its work on the Project, and WHEREAS, the Obligee terminated Principal for and the Obligee has made a demand against CAPITOL under the Performance Bond, and WHEREAS, in an effort to mitigate damages by expediting the progress and completion of Principal's obligations under the Original Contract, CAPITOL solicited pricing for the completion of the Principal's work on the Project, WHEREAS, CAPITOL has obtained and reviewed a proposal for the completion of the work from the Completion Contractor, a,copy of which is attached hereto as Exhibit "B" and is fully incorporated herein by reference (the "Completion Proposal"), WHEREAS, Completion Contractor has agreed to complete the scope of work pursuant to its proposed schedule which is part of Exhibit "B" and is fully incorporated herein by reference (the "Completion Schedule"), and WHEREAS, Completion Contractor has agreed to complete the scope of work as set forth herein according to the terms and conditions of the Original Contract, for consideration in the amount of SEVENTY THOUSAND DOLLARS AND 00/100 CENTS ($70,000.00), exclusive of alternatives, and to post Payment and Performance bonds naming Weld County as obligee in an equal amount for completion of the scope of work as set forth herein, and 2 2 27 2025 WHEREAS, the Surety desires to tender the services of Completion Contractor to Obligee in full settlement and satisfaction of any and all obligations under its Performance Bond, subject to the terms of this Agreement, and WHEREAS, the parties wish to clarify their nghts and responsibilities pursuant to the performance of the completion work as set forth herein in accordance with the terms and conditions of the Original Contract AGREEMENT NOW THEREFORE, in consideration of the promises, and other good and valuable consideration, and the mutual covenants set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows 1 Recitals The above Recitals are incorporated herein by reference, are matenal and contractual in nature, and shall not be deemed to be merely recitals 2 Terms and Conditions All of the terms and conditions of the Onginal Contract shall remain in full force and effect, except as modified by this Agreement 3 Contract Documents This Agreement consists of the terms and provisions contained herein, including but not limited to the following a) The Original Contract, including all General, Supplementary and Special Conditions, drawings, specifications, forms, addenda and documents forming a part of the Onginal Contract, and any modifications to the Original Contract, all of which are incorporated herein by reference and which are referred to herein collectively as the "Original Contract", attached hereto as Exhibit "A", and b) The Completion Proposal from Completion Contractor, attached hereto as Exhibit "B", and c) The Completion Proposal from Completion Schedule, attached hereto as Exhibit "B", and 3 2 27 2025 d) All documents or specific portions of documents which may be referred to herein or in any Exhibits attached hereto and incorporated herein by reference, thereby makmg them a part hereof (Collectively referred to hereinafter as the "Contract Documents") 4 Full Investigation The Completion Contractor agrees that it has reviewed the Project in detail and has fully investigated and is fully informed as to the status and conditions affecting the work to be done, and the scope of work remaining to be completed, and that no representations in reference thereto have been made to Completion Contractor by CAPITOL or the Obligee or any of their respective representatives CAPITOL and Obligee make no warranties or representations, express or implied, to Completion Contractor with respect to the Contract Documents 5 Contract Accounting The original Contract price was for $181,975 00 Obligee subsequently issued approved Change Orders in the total amount of $850 00, resulting in a revised Contract price of $182,825 00 Obligee has made payments in the amount of $131,931 87 to Principal (or to Principal and its vendors by joint checks) under the Original Contract Accordingly, there remains an unpaid balance and/or amounts remaimng available for use under this Agreement in the amount of $50,893 13 ("Final Agreement Proceeds") 6 Availability of Final Agreement Proceeds for Completion The Parties agree that the Final Agreement Proceeds are allocated for completion of Principal's scope of work and shall be preserved and dedicated solely and exclusively for use in completion of Principal's scope of work, and for no other purpose The Parties agree that the Final Agreement Proceeds shall not be reduced by any claims arismg prior to the execution of this Agreement not specifically addressed herein, including but not limited to claims for liquidated and/or delay damages arising from the work performed by Peak Elevator, LLC and/or between the date of the Peak Elevator, LLC's default through the execution of this Agreement 7 Tender of Completion Contractor (a) With the execution of this Agreement, Surety hereby tenders the Completion Contractor to Obligee to complete the full and complete remaining scope of work as set forth in the Original Contract, Completion Proposal, Contract Documents and this 4 2 27 2025 Agreement, for a total amount of SEVENTY THOUSAND DOLLARS AND 00/100 CENTS ($70,000.00) ("Completion Cost") All work by Completion Contractor is to be performed in accordance with the terms and specifications of the Ongmal Contract previously incorporated herein and attached hereto as Exhibit "A" (b) Within ten (10) days of the final approval and execution of this Agreement, Surety shall pay to Obligee the sum of NINETEEN THOUSAND, ONE HUNDRED SIX DOLLARS AND 87/100 CENTS ($19,106.87). (c) Completion Contractor agrees to complete, as change order work under the Original Contract, such additional work as requested by Obligee in accordance with the terms of the Original Contract Payment shall be made to Completion Contractor by Obligee in accordance with the terms and conditions of the Original Contract The parties agree that Surety shall have no responsibility for payment to Completion Contractor and that Completion Contractor will look solely and exclusively to Obligee for payment of any and all amounts due hereunder 8 Release Upon Obligee's receipt of the payment as set forth under paragraph 7 above and in consideration of the Parties' performance as specified herein, Obligee acknowledges and accepts Surety has fulfilled and fully discharged its obligations under the Performance Bond CIC1939668, and that CAPITOL is fully released from further obligations under that Performance Bond 9 The Surety's Continuing Obligations Under Original Contract Payment Bond Nothing herein shall alter or affect CAPITOL's payment obligations to third party claimants, if any, under the Payment Bond issued on behalf of Principal in connection with the Project, provided however that the Payment Bond shall not apply to or cover the Completion Contractor or any of its sub- subcontractor(s) and suppliers for any work performed and/or materials delivered in connection with the work performed by the Completion Contractor, or for any other purpose Notwithstanding anything to the contrary, Obligee may not make a claim against the Payment Bond 5 2 27 2025 10 Reservation of Rights as Between the Surety and Principal This Agreement shall in no way alter, affect, impair or prejudice any nghts, claims, causes of action or defenses between CAPITOL and Principal and/or its individual indemnitors relating to the Original Contract, Bonds, or any other agreements between such parties, regardless of whether such claims arise under contract, statute or at common law 11 No Admission of Liability This Agreement does not constitute an admission of liability on the part of any of the Parties 12 Assignment Obligee hereby assigns and transfers to CAPITOL and subrogates to CAPITOL, all claims, demands, causes of action and rights which Obligee has, had, or may ever have against Principal arising out of or evidenced by the Original Contract 13 Credits for Payments Made The parties acknowledge that the Surety's covenants and its obligations of performance under this Agreement are made to address Obligee's demand under the Performance Bond and that all payments by Surety for administration, labor or material or for performance of the Original Contract are in performance of Surety's obligations under the Performance Bond and are to be credited against the penal sum of the Performance Bond 14 No Payment by Obligee Without Surety's Consent Obligee further agrees that it will not acknowledge or honor any claims or charges against the unpaid contract funds by any creditors or transferees of Principal or any other parties making claim to any such proceeds or balances without the prior written consent of CAPITOL or by order of a court of competent jurisdiction after due notice to CAPITOL It shall be implied that, upon full execution of this Agreement by the parties, CAPITOL consents to payment of Completion Contractor by the Obligee in accordance with the terms of the Original Contract 15 No Waiver of Penal Amount Obligee hereby confirms and agrees that Capitol's total liability and obligation under the Original Contract, the Subcontract Performance Bond and the Subcontract Payment Bond This Agreement shall not extend he Penal Sum of the Bonds Neither 6 2 27 2025 this Agreement nor any other Capitol act constitutes a waiver of such Penal Sum or an increase in the liability of Capitol under the Subcontract Performance Bond or the Subcontract Payment Bond 16 This Agreement Controls In case of conflict between the provisions of this Agreement and the provisions of the Original Contract, Subcontract Performance Bond, and the Subcontract Payment Bond, this Agreement shall control 17 Binding Agreement This Agreement shall only extend to and be binding upon the Parties hereto and their respective successors and assigns Nothing contained in this Agreement shall create any third -party beneficiaries under the Performance Bond, nor confer any benefit or enforceable nghts under this Agreement other than to the Parties hereto and their respective successors, assigns, and reinsurers 18 Administration Obligee will admimster Completion Contractor, any subcontractors and others that may be designated by Completion Contractor to complete portions of the work on the same basis and to the same extent as Obligee was required by the Original Contract to administer the Original Contract with Principal 19 No Modification Except in Writing This Agreement may not be modified unless in writing and executed by the Parties hereto No waiver of any provisions of this Agreement shall be valid unless in writing and signed by the Party against whom it is sought to be enforced 20 Interpretation of Agreement The provisions of this Agreement shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and intent of the Parties, but, if for any reason any provision is unenforceable or invalid, such provision shall be deemed severed from this Agreement and the remaining provisions shall be earned out with the same force and effect as if the severed portion had not been a part of this Agreement 21 Incorporation of All Prior Negotiations This Agreement incorporates, includes, and supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, 7 2 27 2025 agreements or understandings concerning the subject matter of this Agreement that are not contained in this Agreement Accordingly, the Parties agree that no deviations from the terms hereof shall be predicated upon any pnor representations or agreements, whether oral or written 22 Acknowledgment of Release of Rights The Parties acknowledge and agree that they are releasing certain rights and assuming certain duties and obligations which, but for this Agreement, would not have been released or assumed Accordingly, the Parties agree that this Agreement is fair and reasonable, that each of them has had an opportunity and have in fact consulted with such experts of their choice as they may have desired, and that they have had the opportunity and have in fact discussed this matter with counsel of their choice 23 Advice of Counsel. The Parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely agamst one of the Parties than the other 24 Obligations of Further Execution The Parties agree to execute all such further instruments, and to take all such further actions as may be reasonably required by any Party to fully effectuate the terms and provisions of this Agreement and the transactions contemplated herein 25 Jurisdiction and Venue In the event that it is necessary for any of the Parties to seek enforcement of this Agreement, the Parties agree that the Agreement will be interpreted and construed in accordance with and governed by the laws of the State of Colorado The parties further agree that, any litigation arising under this Agreement will be brought in venues exclusively in the State of Colorado, consent to the personal jurisdiction of these courts, and waive any objection that such venue is inconvenient or improper 26 Notices Any notices required hereunder shall be in writing and shall be (as elected by the person giving the notice) (i) delivered by messenger or national overnight courier service, (u) 8 2 27 2025 mailed by first-class, postage prepaid, registered or certified mail, or (ui) sent by facsimile or electronic mail to the following addresses (or such other address as may be provided from time to time in writing) To CAPITOL: Capitol Indemnity Corporation Attention Ron Wills, Esq 1600 Aspen Commons, Suite 300 Middleton WI 53562 608-829-6916 rwills@CapSpecialty com To OBLIGEE: Weld County Facilities Department Attention Curtis Naibauer, Deputy Director 1105H Street P O Box 758 Greeley, CO 80632 970-400-2027 cnaibauer@weldgov com To CMPLETION CONTRACTOR: Dzmod Lift Co Attention Deon Young, CEO 5978 Elk Song Trail Golden, CO 80403 855-888-8624 deonyoung@dzmod com Notice shall be deemed delivered and received (i) on the date delivered if by personal delivery, (ii) if by facsimile or email, on the date of transmission (if a business day) or the next business day, if otherwise, or (iii) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed 9 2 27 2025 27 Closing Obligations This Agreement shall be effective upon signature by all Parties and each party has received a fully executed original or counterpart of this Agreement Upon execution Completion Contractor shall within 10 days of execution provide all parties a current Certificate of Insurance with all requisite coverage and limits as required by the Ongmal Contract naming Obligee and Surety as additional insureds Completion Contractor shall, within 10 days of execution provide Obligee with payment and performance bonds in the form attached hereto as Exhibit "C" from a duly licensed and qualified surety satisfactory to Obligee pertaining to the completion work, each in the amount of $70,000 00 naming Completion Contractor, as principal, and Weld County as Obligee Note, the new bonds supplied by Compilation Contractor must be from a surety other than CAPITOL Failure of Completion Contractor to provide the required insurance and performance and payment bonds within ten (10) business days after the effective date of this Agreement shall be a material breach of this Agreement by Completion Contractor and Completion Contractor shall be responsible for any and all costs and damages incurred by the Surety and/or the Obligee as a result thereof 28 Execution in Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original document A counterpart of this Agreement transmitted by a Party hereto to the other Parties by facsimile transmission or by e-mail and bearing the signature of such party shall be deemed an original hereof and may be relied upon by the recipient as duly executed and effective notwithstanding the fact that,the recipient did not receive an original copy of the transmitter's signature IN WITNESS WHEREOF, the Parties hereto have affixed their hands and seals to this Agreement the day and year first set forth above, and the individuals who execute this Agreement personally represent and warrant that they have full authority to execute this Agreement on behalf of the respective Parties [END OF DOCUMENT — SIGNATURE PAGES TO FOLLOW] 10 2.27.2025 WELD COUNTY, STATE OF COLORADO By: Perry L/Buck Title: Chair, Board of Weld County Commissioners Date: Attest: By: 11 MAR 0 3 2025 Esther E. Gesick, Clerk to the Board Deputy Clerk to the B Zpz5-05lD 28. 8liQ balm ts. This Agreement may be executed in one or more counterparts, each of which shall be deemed on ore inalPa� docies ument. A counterpart o nterprps only, this y Agreement and transmitted by a Party hereto to the bearing the signature of such party shall be deemed an original hereof and may be relied upon by the recipient as thtly executed and effective notwithstanding the fact that the recipient did not receive an original copy of the transmitter's signature:. IN WITNESS WHEREOF, the Parties hereto have affixed their hands cad seals to this Agreement the day and year first set berth above, and the individuals reins execute this Agreement personally represent and warrant that they have full authority to execute this Agreement an behalf of the respective Parties. L:ND OF to K3 - SloNArtiRE PAOl S TO FOLLOW] WELD COUNTY, STATE OF COLORADO By, See previous page for signature Title: Date: STATE OF collNl'Y OF On this day of 21525, before me personally appeared who is [ ] personally known to me or has ] ] produced as identification and who has stated that he/she is the of Weld County, State of Colorado (OBLIGEE), named in the foregoing AiiR1 EMENT. that he/six: executed the foregoing instrument on behalf of the Corporation with full authority to do a, from the Board of Direviors of the C'orpexation, and that he/she executed the foregoing instrument an behalf of the Corporation for the use, and purposes tsr birth therein. Notary Public CAPITOL INDEMNITY CORPORATION Title: Surety Claims Date: yTATE: t H' C,Lt )12l iii\ Ct7ia\"1-Y (4. Inh��t z S� ardv t )n thii i by of +'r5 .:1025. before the pct. -mall, appeurea Ron Wills. t%ho i. 1 X prr mallr krt trt to me or ha6 I produced Identitiwuon and litho has stated that he''she is Suten Claims Counsel of CAPITOL 1DE14MNITV CORPORATION, named in the foregoinv. /VAR- MI N E that hey` he executed the f.,rqtonv. tnArtunent on W11,111 01. the. Comoratton lath full atttllonn to do so from the Board of Direetctrs,;l tlu•Corluaration, and that lhishe executed the tare .i,trt4 instrument k+ri behalf of the. Oirpot,nion km,r .c use; and purposes set forth therein Dz_ntntl Cu. COUNTY UI= ,jt r5°n Lift Date Dr I 1 .m him iZlhda> of Ert , 2i in. hethre ne per;mnalln appeared Ptpyl ~Emoting . t\lto IN I I personally' knit to me or has ( terprudul ed Ilrtvt.rS Lc curdst, as idcntificanon and t1h" her, stated that [wish,: is the ,,,,,,,,L4....4- O1' Dzmudl Lift Co, named to the fore r:in4! fiRF.E:A4ir.NT. that heishe executed the roreguing instrument on behalf of the Corporation milk Hill oath,. to aim , fnant I In beard or i)incturs or tho C:orp,,,ratu,n_ and thin he she c,cuted the foretc sitng instrument on behalf c!1 the Corporation for the '_tses and purposes set forth therein MICHAEL t TW ISS VARY PUBLIC - STATE OF COLORADO NOTARY tO 2016404a, ;Y COMMIS.. EXPIRES SEP R.:,.:5 2 Notar, Public AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & PEAK ELEVATOR LLC JAIL ELEVATOR MODERNIZATION PROJECT 1 THIS AGREEMENT is made and entered into this 0C/ day of and between the Board of Weld County Commissioners, on behalf of thefacilities Department, hereinafter referred to as "County," and Peak Elevator LLC hereinafter referred to as "Contractor". AL 70 90 2023, by WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2300105. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar natureto those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 1# -02-1-025 /0e6•,2} S0602 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year This Agreement may be extended upon mutual written agreement of the Parties In its sole discretion, the County, by the Director of the Facilities Department or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor Either Party may 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 drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE " If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (l) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County, (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment, and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work County shall be entitled to the use of all material generated pursuant to this Agreement upon termination Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease m the time required or the costs to the Contractor for performance, an equitable adjustment m fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $181.975.00, as set forth m Exhibits No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e g mileage) Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R S 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec 20) 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees 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 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL" However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S 24-72-201, et seq , with regard to public records, and cannot guarantee the confidentiality of all documents Contractor agrees to keep confidential all of County's confidential information Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc , generated during completion of this work Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not Impair or prejudice any right or remedy available to County with respect to such breach or default No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period For all coverages, Contractor's insurer shall waive subrogation rights against County a. Types of Insurance Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment The policy shall contain a waiver of subrogation against the County This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act , AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work Such policy shall mclude minimum limits as follows $1,000,000 each occurrence, $2,000,000 general aggregate, $2,000,000 products and completed operations aggregate, $1,000,000 Personal Advertising injury, $50,000 any one fire, and $5,000 Medical payment per person Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance Automobile Liability Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract Professional Liability (Errors and Omissions Liability) Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors where (1) the Work includes Construction Surveying and/or Survey Moniunentation and/or (2) plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to (a) Shop drawings and working drawings as defined in subsection 105 25 of the Specifications, (b) Mix designs, (c) Contractor performed design work as required by the plans and Specifications, (d) Change Orders, or (e) Approved Value Engineering Proposals The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services In the event that the professional'iiability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract, and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed Umbrella or Excess Liability Insurance Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted The policy shall be written on an Occurrence form and shall be following form of the pnmary Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits The policy shall cover the Contractor's completed operations Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos) If the coverage is wntten on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed Minimum Limits Per Loss $ 1,000,000 Aggregate $ 1,000,000 Builders' Risk Insurance or Installation Floater — Completed Value Basis Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described m the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles 1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site 2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later 3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors m the Project 4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading Flood damage coverage is not required for work within the floodway or 100 year floodplain Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction 5) The Builders' Risk shall include a Beneficial Occupancy Clause The policy shall specifically permit occupancy of the building during construction County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy The Builder's Risk Policy shall remain in force until acceptance of the project by the County 6) Equipment Breakdown Coverage (a k a Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing) 7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered penis within the required policy For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier b. Proof of Insurance Contractor shall provide to County a certificate of msurance, a policy, or other proof of insurance as determined in County's sole discretion Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured c. Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the 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 d. 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 e. Certification of Compliance with Insurance Requirements The Contractor stipulates that it has met the insurance requirements identified herein The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County A failure to comply with this provision shall result in County's right to immediately terminate this Agreement 15. 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 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement The Contractor agrees to maintain these documents for three years from the date of the last payment received 17. 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 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract, or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party, or Either party may change its notice address(es) by written notice to the other Notice shall be sent to. Contractor Name Dan Abbale Position Sales Executive Address 5405 W 56th Ave Suite E Address Arvada, CO 80002 E-mail dan abbale@peakelevator.com Phone 720-910-8966 Cott Name Toby Taylor Position Facilities Director Address 1105 H Street Address Greeley, CO 80632 E-mail ttaylor@weldgov coin Phone 970-400-2021 19. 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 20. 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 21. 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 22. 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 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (mcluding without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination 25. 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 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, nghts, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq , as applicable now or hereafter amended 27. 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. 28. 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 29. 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 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C R S §8-17 5-102(5)(c) Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowmgly employ or contract with an illegal alien to perform work under this Agreement Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pm -employment screening or job applicants while this Agreement is being performed If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien withm three (3) days of receiving notice Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien Contractor shall comply with reasonable requests made in the course of an mvestigation, undertaken pursuant to C R S §8-17 5-102(5), by the Colorado Department of Labor and Employment If Contractor participates m the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of the State of Colorado program If Contractor fails to comply with any requirement of this provision or of C.R S §8-17 5-101 et seq , County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C R S § 24-76 5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C R S § 24-76 5-103(4), if such individual applies for public benefits provided under the contract If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by CRS § 24-76 5-101, et seq , and (c) shall produce one of the forms of identification required by C R.S § 24-76 5-103 prior to the effective date of the contract 31. Public Contracts for Services C R S §8-17-101 For public contracts m excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law In accordance with C R S §8-17-107 and 2 C F R §200 319(c), this section shall not apply if the Work is funded wholly or in part with federal funds ] 32. 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 33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person Any provision to the contrary m 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 A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement CONTRACTOR Peak Elevator LLC By a 54 711cell- Name Britten' J McCaig Title Vice President WELD COUNTY ATTEST tZ"ia't) w ;4,k. 6/12/2023 Date of Signature BOARD OF COUNTY COMMISSIONERS Weld C. n Clerk to the UNTY, COLO BY: Deputy Clerk to Perry Li /:uck, Pro-Tem JUN 2 12023 AD -1c-" Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY. CO 80631 DATE: MARCH 30, 2023 BID NUMBER: B2300105 DESCRIPTION: JAIL ELEVATOR MODERNIZATION DEPARTMENT: FACILITIES MANDATORY PRE -BID: APRIL 18, 2023 BID OPENING DATE: MAY 2, 2023 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: JAIL ELEVATOR MODERNIZATION A mandatory pre -bid conference will be held on April 18, 2023 at 9:00 AM at the Weld County Jail located at 2110 O Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: May 2, 2023 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on May 2, 2023 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 Administration Building, Fort St. Vrain Meeting Room, 1150 O Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 509 540 369# PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2_ INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. Bids shall include any and all charges for freight. delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay if awarded the bid. 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 which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Delivery to Weld County: A. Emailed bids are required. PREFERRED: email bids to bids@weldgov.com; however, if your bids exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB B. 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 is received Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature 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 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 Controller, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Bid Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid must be filled out completely, in detail, and signed by the Bidder. 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 Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller 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 Controller; 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. 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 In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. GENERAL PROVISIONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. BID REQUEST #B2300105 Page 2 B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder 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. F Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws; rules and/or regulations shall be null and void G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder BID REQUEST #B2300105 Page 3 I Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex. age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties_ No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project 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 subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, 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 the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. 0. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be per -formed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileagetravel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld BID REQUEST #B2300105 Page 4 County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder 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 the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. 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. R. 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. S. Employee Financial Interest/Conflict of Interest — C.R.S. %24-18-201 et seq. and §24.50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. 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. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. 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. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. BID REQUEST #B2300105 Page 5 X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder 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. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure. at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals 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. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller by certified mail, return receipt requested Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self - insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional 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 Contract Professional 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. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein_ The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or o missions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, o r on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, e mployees, agents, and volunteers for losses arising from the work performed by the Contract Professional BID REQUEST #B2300105 Page 6 for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence, $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and S1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract, and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator. covering all operations hereunder set forth in the related Bid. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract BID REQUEST #62300105 Page 7 Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B2300105 Page 8 SCOPE OF WORK Jail Elevator Modernization PROJECT OVERVIEW: This project consists of a design/build contract for the turn -key full modernization of the elevator located at the Weld County Jail, 2110 O Street, Greeley, CO 80631. The existing elevator is registered with the State of Colorado Department of Labor and Employment with the following information. Description State Registration ID Elevator Drive/Type # Of Stops Elevator CP08-002964 Hydraulic 2 METHOD OF PROCUREMENT: Request for Bid (RF/3).- is a procurement method often referred to as a sealed bid solicitation. When issued, the hid 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 RFB the contract. Project documents and specifications have been provided per the following attachment to this bid. PROJECT SCOPE: The scope of this project is for the complete modernization of the above specified jail elevator. This will include all work as outlined in the documents provided. 1. Contractor will be responsible for procuring and executing all scopes of work as outlined and specified in the projects contract documents that have been provided during this bid request per the attachment outlined above. This will include but not limited to all associated labor, materials, and equipment. It is the contractor's responsibility at the time of bid submission to ensure that all project specifications and requirements have been included per the project documents provided. 2. This scope of work will need to be coordinated with the Weld County Facilities project manager to obtain access and confirming hours of the location specified in Attachment B. ATTACHMENTS: The attachments listed below will become part of this bid and are available on BidNet. Attachment A: Weld County Project Documents. 'r Attachment B: Photos and Location PROJECT SPECIFIC TERMS AND CONDITIONS: 1. This is a design/build turn -key modernization. Therefore, all work required to be accomplished (i.e., electrical, mechanical, elevator, architectural modifications, etc.) shall be included in the bid price and construction/modernization schedule. This shall include all additions, alterations, and new work required to ensure full modernization and code compliance is achieved. BID REQUEST #B2300105 Page 9 2. Contractor to provide a design that is to be reviewed and approved by Weld County prior to elevator material procurement. The design shall include a full modernization of the complete elevator system. 3. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 4. The contractor will provide a full-time qualified representative on site while any work is being performed. 5. Weld County Jail is a secured facility and requires all personnel to submit a background authorization form to the County project manager for submittal to the Weld County Sheriffs office. No person is allowed to perform any work or visit the work area without an approved background check. 6. Contractor is responsible for having an up-to-date list of employees with an approved background check and must be available upon request on site while working. 7. This facility is operational 24 hours a day, due to the nature of this work and the potential for high decibel noise, the working hours will be from 7am to 7pm, Monday through Friday. Weekends may be allowed but must be approved and coordinated through the County project manager. 8. Any partitions and or containments that may be needed for the contractor to perform their scope of work will be the contractor's responsibility. 9. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors have to clean or move materials or equipment that were not properly stored the contractor will assume all associated costs. 10. Contractor will be responsible to provide any temporary lighting or power that may be needed to complete the scope of work. 1 I . Contractor to provide labor and material as required to fully modernize the existing elevator components with one that is fully code compliant. This modernization should be non-proprietary and should include the maximum level tool(s) needed for future troubleshooting of anomalies/components. 12. Replace the controller, submersible power unit, cab door operator, clutch, double -bottom jack unit (cylinder/piston/protective liner), pumping unit, pick-up rollers, and interlocks. 13. The following equipment should be retained: hoist way entrances, doors, pit equipment, rails, and counterweights. 14. Replace door hanger rollers. 15. Machine Rooms: bring access and rooms into compliance with current codes. 16. Fire System interface/recall: bring into compliance with elevator/fire codes. (Smoke detectors, shunt trip, etc. as required by code). Contractor to include pricing for all fire alarm scopes of work to complete elevator modernization. 17. Upgraded signals, personnel access. and phone will comply with Americans with Disability Act and OSHA. 18. The interior of the car will be updated as necessary to bring into ADA compliance. 19. Once work has commenced (e.g., elevator taken out of service) the contractor shall be allowed 6 weeks to complete all work. 20. Elevator speed must remain 100 feet per minute as a minimum. 21. Room/pit heater must be replaced and be thermostatically controlled. 22. Sump Pit must meet applicable codes and receive new pump and motor. 23. Machine room/pit improvements must meet ventilation requirements. 24. Include detailed scope of work included/excluded in bid. 25. The completed work must be inspected and passed by a certified inspector who is currently licensed with the Colorado Department of Labor and Employment Division of Oil and Public Safety to perform inspections. BID REQUEST #B2300105 Page 10 PROJECT CLOSE OUT: l . Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 3. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. 4. At project close-out, provide all maintenance manuals, including operation and maintenance instructions, parts listing with sources indicated, recommended parts inventory listing, emergency instructions, and similar information. Include all diagnostic and repair information available to manufacturer's and installer's maintenance personnel. A digital copy of these records to be reviewed and approved by Weld County. After review and approval, the contractor will be required to provide 2 (two) hard copies of these records to the Weld County Project Manager. 2. WELD COUNTY STANDARD TERMS AND CONDITIONS: I . All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 2. Licensed contractors are required for all electrical, plumbing, and mechanical work. 3. 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. 4. Contractor is responsible for the coordination and scheduling of all inspections that are required for all scopes per the conditions of the Weld County Building Permit. Please note that the Weld County Building Department does not complete inspections during off hours. The contractor will be responsible for having a qualified representative on site for any inspection. 5. 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. 6. All lifting and hoisting equipment shall be provided by the contractor as required. 7. The projected contract date is expected to be June 5, 2023. Based on this date, provide expected start and finish dates for each phase of this project. 8. Work will comply with all applicable Federal, State, and local laws, ordinances, and regulatory requirements. 9. No bid bond is required for this project. 10. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 11. Performance and payment bonds must be submitted using an AIA-A312 bond form. Other bond forms will not be accepted. 12. 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. 13. Contractor to include Professional Liability Insurance (PL!) and builders risk insurance. 14. Weld County is a tax-exempt entity. 15. Davis -Bacon and Buy American requirements are NOT required. 26. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. 27. Contractor is to provide lien waivers with each pay application. BID REQUEST #B2300105 Page 11 SCHEDULE: 1. Contractor is responsible for providing and maintaining a three week look ahead schedule throughout the life of this project. Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish March 30, 2023 March 30, 2023 April 18, 2023 April 25, 2023 May 2, 2023 May 22, 2023 June 5, 2023 Immediately following Contract January 1, 2024 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being June 5, 2023. START DATE COMPLETION DATE TOTAL LUMP SUM COST: FACILITY LUMP SUM COST TOTAL LUMP SUM COST $ l BID REQUEST #B2300105 Page 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on May 2, 2023: on or before the bid opening 1) Pages 9 thru 14 of the Bid Specifications/Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications/Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County. only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #52300105 Page 13 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid No. #B2300105. 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. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. 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. FIRM BUSINESS ADDRESS BY (Please print) CITY, STATE, ZIP DATE TELEPHONE NO SIGNATURE FAX E-MAIL TAX ID # CODE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. ATTEST: Weld County Clerk to the Board YOU DO NOT NEED TO SEND BACK PAGES 1 — 8. BY: Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair APPROVED AS TO SUBSTANCE Elected Official or Department Head Controller PSRFB0323 BID REQUEST #B2300105 Page 14 JAIL ELEVATOR MODERNIZATION B2300105 - Q&A 1. Question: What fire district is the Weld County Jail under? Answer: Greeley Fire Department 2. Question: Do you know if the AHJ or the county will require a fire sprinkler in the pit? Answer: Since this is a design / build elevator modernization the contactor will need to determine if a fire sprinkler is required by code. 3. Question: Line 21 of the specifications says that "Room/pit heater must be replaced and be thermostatically controlled". There is currently an AHU that services the machine room now, that is located behind the back wall, and it appears to be part of the building's HVAC system. It also appears to be thermostatically controlled already. Do you want this to be replaced? Answer: Alm does not need to be replaced. 4. Question: Again, line 21, - There is currently no heating in the pit to replace. Do you want a pit heater installed? Answer: Since this is a design / build elevator modernization the contactor will need to determine if a unit heater is required by code. No heater is required by the County if not required by code. 5. Question: With the current video system in the elevator cab, is there a network cable already run from the monitoring station to the elevator? Answer: Yes 6. Question: Would it be possible to get a I -week extension for the bid due date? Answer: At this time Weld County will not be extending bid. Exhibit B PEAK Elevator — Hydraulic Elevator Modernization Friday January 20, 2023 Weld County Jail 1150 O Street Greeley, CO 80631 Bid Number — B2300105 Re Elevator Modernization — Weld County Jail — One (I) Elevator To Whom It May Concern, PEAK is pleased to provide you with our proposal to modernize one (I) hydraulic elevator located at the above mentioned property Our proposal meets all applicable codes and includes all labor and material required fora complete installation Our price is valid for a period of thirty (30) days Our proposal is based upon the following components/systems being upgraded on the elevator Hydraulic Controller Your existing relay control system will be replaced with a Non -Proprietary Controller Reliability, performance and diagnostics can be improved by converting to a new microprocessor based control system The new control system will also afford much simplified additions of new features, now or in the future, and will include on -board LCD screen diagnostics which will improve the efficiency of future troubleshooting needs PEAK shall provide all labor, material, permits, and supervision required to perform the following scope of work during regular working hours of the elevator trade - Remove existing elevator control components and control cabmet - Install new microprocessor controller in new cabinet - Perform all required wiring to interface the new control system with other elevator components - Replace hoist -way components as needed to properly interface with the new control system Selector and Positioning System All existing selector and positioning devices shall be removed and replaced with a new selector and positioning system which will be integrated into new controller equipment and wired as needed to interface properly Submersible Power Unit PEAK to Replace submerible power unit with new Traveling Cable New traveling cable to be installed to work directly with new control system Machine Room Wiring All new wiring between the hoistway and machine room equipment will be furnished and installed according to applicable codes • Machine Room Our proposal makes the assumption that the existing machine room will remain and will satisfy all code requirements Car Top Inspection Station Existing car top inspection stations to be replaced with a new code compliant car top inspection station Car Operating Panel A new ADA compliant Car Operating Panel will be provided New COP will be in a brushed stainless steel finish and will be per ASME A17 1 2019 *(or current code), including Fire Fighters Phase II operation *Building to contract directly with Kmgs3 for video and phone monitoring services and this cost is NOT included in our bid Hall Fixtures All new ADA compliant hall fixtures will be provided All fixtures will be in a brushed stainless steel finish and will be per ASME A17 1 2019 *(or current code), including Fire Fighters Phase I Car Door Operator Replace the existing door operator with new door operator The new door operator will be closed loop and installed as needed to interface with the new control system Car and Hall Door Mechanicals Replace the existing car and hall door mechanical components with new car and hall door mechanicals as needed to interface with the new door operator, hall and car doors Final Limit Switches and Mounting New final limit switches will be provided when necessary to ensure proper operation Braille on Jambs New Braille plates will be provided on each entrance side jamb in a manner complaint with ADA regulations 3-D Safety Edee PEAK to install new 3-D car door safety edge Hydraulic Jack Replacement _PEAK will remove the existing jacks from the hoistway and replace with brand new jacks In cases where existing elevators are modernized, the State of Colorado mandates that the newly modernized elevator and all of the elevator components satisfy all local and state mandated code requirements. PEAK Elevator will ensure that the new elevator components satisfy all local and state mandated code requirements for the items related to the scope of work listed above in this proposal The state of Colorado ALSO mandates that all other equipment associated with the newly modernized elevator be brought up to latest adopted elevator code per regulations. In order to satisfy this state mandated requirement, there are other budding items that are associated with the existing elevator that need to be modified, replaced or upgraded One of these items has to meet the new 2019 code mandate, as ofJanuary 2022, that cab view must be installed in all elevators being upgraded. This means you must have 24/7 emergency phones and monitoring, that have video capabilities. Customer agrees to either provide this service through a verified vendor or contract with KINGS III for all elevator phones and monitoring, required by code Customer will contract directly with KINGS HI to provide this service The contact for KINGS III is Dan Hendrickson and he can be reached at 303-946-9709. PEAK will assist the customer in coordinating with KINGS III for this code required service PEAK holds no liability for phone monitoring. PEAK Proposal 0501231254OA Page 2 of 10 PEAK Elevator shall not be responsible for replacement of or modification of any work that may be required that falls outside the scope of work listed shove in this proposal. However, PEAK Elevator will assist with the "coordination efforts" for work by other items. PEAK Elevator has provided a list of "WORK BY OTHERS" below which can be used as a guideline for achieving such code related items Upon Completion of the modernization project, PEAK shall recommend a state certified QEI to the owner / owner's representative as state requirements disallow PEAK from retaining an inspector for our work Upon the owner choosing an inspector, PEAK shall arrange fora proper inspection and document upgrades to the State of Colorado requirements Work by Others (Included in price): Most of the below components will already be in place as you already have an existing elevator PEAK will help the customer discover what will be needed Mamhne Power Feeders The current mainline piping and wiring from the disconnect to the new controller may need to be relocated to accommodate the new controllers A ground wire must be added if it does not already exist Cab Lighting A single 110 circuit must be run to each controller This circuit must be run through a disconnect or switch that is lockable in the on or off position The location of this switch must be coordinated with the elevator mechanic on -sue GFI Outlets All outlets in the machine room and/or the pit, must be retrofitted with GFI outlets per code Light Guards All lighting in the machine room and/or pit, must be retrofitted with code compliant guards made of grounded metal, plastic or comparable Phone Code requires a single phone line per elevator to be run in conduit to the controller This line must have a normal dial tone outside line Please note, analog systems will not interface with communication and phone failure system Phone line must be capable of interfacing with communication failure system CabView must be installed, per 2019 code PEAK works directly with KINGS III to provide this new phone system and will essit the customer in coordinating with KINGS Ill to ensure this code required item is installed Customer will contract directly with KINGS III for this service Disconnects The main power elevator disconnects must be code compliant, fused and lockable or shunt trip breakers, and must be capable of locking in off position The disconnects need to be located within clear site of the elevator motor Fire Recall Combined with the modernization to this elevator, main and alternate floors fire recall is required Smoke detectors must be installed, if not pre- existing, at every lobby, in the machine room, and in the hoistway (if sprinklers are present) Smoke detectors in the hoistway have to be mounted on an access panel that can be serviced from outside of the hoistway This panel cannot be greater than 2' x 2' Fire recall system must also have flashing hat feature Shunt Trip Disconnect If the sprinklers are altered or installed m the machine room and/or the hoistway as part of this modernization, a heat detector must be installed within 18" of every sprinkler head in the machine room and the hoistway overhead These heat detectors must activate a shunt trip disconnect located outside of the elevator machine room, to remove all of the three- phase elevator power, prior to the power entering the machine room PEAK Proposal 0501231254DA Page 3 of 10 Modifications in Machine Room Includmg but not limited to. • Machine room door must be self -closing and self-locking and have the proper UL listed fire rating • Adequate lighting and in proper location in machine room • GFI outlets • Light guards • Disconnects • Phone lines • 110V cab lighting dedicated circuits and fused and lockable disconnects • Pit ladder • Pit lighting and GFI • Sprinklers • Smoke detectors and heat detectors • Shunt trip disconnects • Ledges in hoistway • Windows in hoistway • Vents m hoistway • Temperature control in the machine room TERMS AND CONDITIONS: I Our proposal is submitted with the understanding that PEAK will mobilize to the project site one (1) time for the complete elevator installation process and return one (1) for the final adjusting/inspection process Should PEAK be required to incur additional mobilizations due to circumstances beyond PEAK'S control, additional mobilization fees shall be owed PEAK Remobilization charges will be based on our current billing rates 2. Payments Schedule: ll0% of Contract Value o Due when coctract is signed and prior to begtnnmg the surveying and engtneenng process or ordering parts o PEAK shall not be responsible for delays incurred or schedules impacted due to delays in receiving payments 25% of Contract Value o Due two weeks after the start date Will be billed upon schedulmg the start of the project. Remaining 25% of Contract Value -o rimmed "prior to" final completion in order to allow ample time for final payment arrangements to be made by budding representative PEAK will Invoice once the elevator portion of the modernization is completed. Final payment in full is due at time of final completiou of the elevator scope of work and prior to the elevator being placed back into service. Customer agrees to pay the final invoice once the elevator portion of the work is done. e PEAK shall not be responsible for delays of work or payments due to work by others or third -party entities • PEAK shall not be responsible for delays incurred or schedules impacted due to delays in payment e All invoices must be paid poor to PEAK turning elevator back over for public use or delays will PEAK Proposal 0501231254DA Page 4 0110 The payment schedule remains in force even in the event of non-payment by a third party and/or in cases where contractors have not been paid by building ownership PEAK reserves the right to postpone engineering process, drawing approval process, material delivery, project start and/or suspend work or services for non-payment Additionally, in cases where payment arrangements have been made and agreed upon in writing by both parties, If payment in full is not received according to contractural agreement, invoices will bear interest at the highest allowable amount according to state guidance and shall be calculated from the invoice date Payments thereafter will first be applied to accrued interest and then to the unpaid pnnctpal If collection procedures are necessary to obtain balances due from Purchaser, Purchaser shall be required to pay any and all balances then due, interest thereon, and all reasonable attorney fees and/or collection fees, and litigation costs necessary to recover such amounts Purchaser agrees and acknowledges collection expenses, including without limitation attorney fees, shall be due upon engaging an attorney In states requiring notice prior to filing a lien, this notice requirement is hereby complied with 3 Should you decide prior to the start of the contract to cancel the project, if PEAK Elevator, LLC has already purchased parts for your property, you will be responsible for paying for the parts that PEAK purchased 4 PEAK will work with the customer to assist in finding a "work by others" contractor, if requested The price from "work by others" contractors, is not included in this bid price Should any remobilization and "stand-by" be required by PEAK that was due to circumstances beyond PEAK's control, due to contractor delays, third -party delays or customer delays, a separate invoice will be sent for that time 5 Permits are part of any modernization process PEAK Elevator has zero control over the permit process and timing DFD is the jurisdiction having authority Once we have all electrical, fire and sprinkler permit log numbers, where applicable, by the work by others, PEAK can then apply for the permit If the work by others contractor does not provide PEAK with these numbers, where/if applicable, we cannot apply for a permit Once we do apply, the permit process can take up to 4 months to obtain Again, PEAK has zero control over this process and can only wart for the AHJ to approve the permit Your scheduled start date will be determined by the date we receive the permit NO work will ever begin on a project, until a permit ism hand 6 PEAK's modernization services shall be performed between the hours of 7 30 a m and 4 00 p m Monday through Friday, local property time and in accordance with PEAK's standard contract pertaining to "regular -time" hours and working days 7 The delivered material shall remain the property of PFAK and PEAK shall retain title thereto until final payment is made 8 PEAK shall not be responsible for the abatement or disposal of any hazardous materials that may be discovered within the building structure as a result of the work required to perform this upgrade 9 PEAK specifically excludes any/all cutting and patching required for the proper removal and/or installation of the elevator system or any of its components 10 PEAK requests that the owner provide necessary room in the fire command room for applicable elevator fire status panel, if applicable 11 PEAK assumes that safe, clean, dry storage shall be provided near the hoistways 12 PEAK is submitting this proposal based upon ASME A17 1-2019 or current applicapable code 13 PEAK specifically excludes any and all engteenng costs associated with building supports for machines, sheaves, controllers, hydraulic components, hoisting means 14 PEAK shall not be responsible for any indirect, incidental or consequential damages PEAK's liability and liquidated damages under any circumstances shall be no more than 5% of the Proposal value of the Equipment concerned 15 This letter shall become part of any contract executed between purchaser and PEAK 16 PEAK shall not be liable for any loss, damage, claim or delay due to any cause beyond PEAK's control including, but not limited to, acts of government, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war, malicious mischief, or acts of PEAK Proposal 0501231254DA Page 5 of 10 17 The Purchaser agrees to indemnify, defend and hold harmless PEAK from any loss, damage or claim for damages or injuries, including death, connected with the use or operation of the Equipment Should damage occur to PEAK's material or work on the premises, where work is to be or is being performed, by fire, theft or otherwise, the Purchaser is to compensate PEAK therefore PEAK's obligation to defend, indemnify and hold Purchaser harmless shall be limited to the extent a claim for damages or injuries results from PEAK's negligence acts or omission or willful misconduct, but not the negligent acts or omissions or willful misconduct of others 18 The Elevator Contractor shall warrant and guarantee all equipment provided and installed under this Contract for 12 months against defects in the materials and workmanship and will correct any defects not due to ordinary wear and tear, improper use or care, or lack of maintenance which may develop within 1 year from the date of acceptance and being placed into operation The Smartrise elevator controller will receive a five year manufacture warranty This work is only to be completed during normal business hours Should a call be placed after normal business hours (8 00AM — 4 30PM), on the weekend or on a holiday, PEAK will charge the customer with the overtime charge for PEAK to come out outside of normal business hours This warranty is NOT intended to supplement normal maintenance service and shall not be construed to mean that the Elevator Contractor shall provide free service or periodic examination, testing, lubrication, or adjustment due to normal use, beyond that included in the Connect, nor shall the Elevator Contractor correct, without charge, trouble arising from abuse, misuse, improper and inadequate maintenance, or any other causes beyond the Elevator Contractors control END OF SECTION PROJECT SCHEDULE 19 Project Schedule Shall be as follows O Upon fully executed contract, and once PEAK has received the down payment, PEAK shall engage in project survey process - 1-2 weeks o PEAK will submit Surveys to Vendors F(l-2 business days after all surveys have been completed) Engineering / Drawing approval process ---- 2-3 weeks o Average engineering and drawings approval times are listed however, PEAK has no control over the engmeenng / drawing process and cannot be responsible for delays due to c Client failing to review / approve drawings in a timely manner e Vendor backlog causing delays ■ Delays beyond PEAK's control Upon engineenng and drawing approval by client, PEAK shall approve vendors to begin manufacturing ® Mater►al manufactunng Lead-times — 10-12 weeks from date of final approved and signed approval drawings o Manufacturing lead times vary and PEAK cannot be responsible for manufacturing delays © Shipping --- I week O Materials are delivered and material payment is made o PEAK will not deliver the materials until material payment has been received by PEAK • Installation --- 5 weeks o "PRE" Inspection/testing — 1-3 working days a Final testing— 1-3 days o Final testing must be scheduled with work by others contractors, local authorities and in some cases, fire department personnel o PEAK cannot be responsible for delays in getting the aforementioned parties on site and delays beyond our control Turn over to customer for public use PEAK WILL NOT RETURN EQUIPMENT TO CLIENT FOR PUBLIC USE UNTIL ALL PAYMENTS HAVE BEEN RECEIVED BY PEAK PEAK Proposal 0501231254DA Page 6 of 10 PRODUCT PICTURES° EXAMPLES SittiARTRISE CONTROLLER: SMARTRISE CAR TOP INSPECTION STATION & WIRING: PEAK Proposal 0501231254DA Page 7 of 10 Car Operatkg Pane and SIGNAL FIXTURES DOOR OPERATORS: PEAK Proposal 0501231254DA Page 8 of 10 Shaft Hoistway swrtch¢s ! Car Rollers or f Guide Shads Positioning System � Car Top Escop¢ Hatch Door Operator ICob Door Car Push Button or COP Cor Oparatiny Penal Car Platform Car Sill Toe Guard Travelling Cnblas 7=11,7:47.1=d Hall Door or landing Door Landing Pushbutton Hall sill Pit Area I car Buffer PI[ Steel Cylinder PVC Cacing Cylinder 1'. Hoisting or lifting beam Overhead space Guard Roil Sway Bars Sling Rail Brackets Guido R.I. Interlock Controller Elevator Mnchme Room Valve Muffler Shutoff Valve Pump Hydrouh. OII Supply Lme Hoist -way switches Piston Stop Ring PEAK Proposal 0501231254DA Page 9 of 10 PRICING. Thank you for the opportunity to submit our proposal for this project Our proposal for this portion of the project is for the net sum of S181,975.00 ( One Hundred Eighty One Thousand Nine Hundred Seventy Five and 00/100s) If you should have any questions, comments or concerns, please do not hesitate to call Execution In witness thereof the parties have executed this agreement as of the effective date Sincerely, PEAK Elevator Accepted by paw Abbctie Printed Name Title Dan Abbale Sales Executive Firm Name Date This offer, when accepted by purchaser and countersigned by an officer of PEAK, will be the entire agreement between parties This offer, if accepted on any other form or document or if the terms are amended, shall not be binding on PEAK unless countersigned in writing by an officer of PEAK Approved by — PEAK Elevator Corporate Officer PEAK Proposal 0501231254DA Page 10 of 10 SCOPE OF WORK Jail Elevator Modernization PROJECT OVERVIEW: This project consists of a design/build contract for the turn -key full modernization of the elevator located at the Weld County Jail, 2110 0 Street, Greeley, CO 80631 The existing elevator is registered with the State of Colorado Department of Labor and Employment with the following information Description State Elevator it Of Registration ID Drive/Type Stops # Elevator CP08-002964 Hydraulic 2 METHOD OF PROCUREMENT: Request for Bid (/11013) is a piocutcntent method olten telm red to as a scaled bid solicitation When issued, the hid package is considered complete foi bidding purposes Responsiveness to the solicitation's feints and conditions ,iic requited Incomplete of non -responsive bids will be clintntatcd from consldeixtion Low pace is the key consideration by Weld County in awarding an RitmEB the contract Project documents and specifications have been provided per the following attachment to this bid PROJECT SCOPE: The scope of this project is for the complete modernization of the above specified jail elevator This will include all work as outlined in the documents provided l Contractor will be responsible for procuring and executing all scopes of work as outlined and specified in the projects contract documents that have been provided during this bid request per the attachment outlined above This will include but not limited to all associated labor, materials, and equipment It is the contractor's responsibility at the time of bid submission to ensure that all project specifications and requirements have been included per the project documents provided 2 This scope of work will need to be coordinated with the Weld County Facilities project manager to obtain access and confirming hours of the location specified in Attachment B ATTACHMENTS: The attachments listed below will become part of this bid and are available on BidNet > Attachment A Weld County Project Documents ➢ Attachment B Photos and Location PROJECT SPECIFIC TERMS AND CONDITIONS: 1 This is a design/build turn -key modernization Therefore, all work required to be accomplished (t e , electrical, mechanical, elevator, architectural modifications, etc ) shall be included in the bid price and construction/modernizahon schedule This shall include all additions, alterations, and new work required to ensure full modernization and code compliance is achieved BID REQUEST #B2300105 Page 9 2 Contractor to provide a design that is to be reviewed and approved by Weld County prior to elevator material procurement The design shall include a full modernization of the complete elevator system 3 Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays 4 The contractor will provide a full-time qualified representative on site while any work is being performed 5 Weld County Jail is a secured facility and requires alt personnel to submit a background authorization form to the County project manager for submittal to the Weld County Sheriffs office No person is allowed to perform any work or visit the work area without an approved background check 6 Contractor is responsible for having an up-to-date list of employees with an approved background check and must be available upon request on site while working 7 This facility is operational 24 hours a day, due to the nature of this work and the potential for high decibel noise, the working hours will be from 7am to 7pm, Monday through Friday Weekends may be allowed but must be approved and coordinated through the County project manager 8 Any partitions and or containments that may be needed for the contractor to perform their scope of work will be the contractor's responsibility 9 The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations arc not interrupted If at any time Weld County personnel or contractors have to clean or move materials or equipment that were not properly stored the contractor will assume all associated costs 10 Contractor will be responsible to provide any temporary lighting or power that maybe needed to complete the scope of work 11 Contractor to provide labor and matenal as required to fully modernize the existing elevator components with one that is fully code compliant This modernization should be non-proprietary and should include the maximum level tool(s) needed for future troubleshooting of anomalies/components 12 Replace the controller, submersible power unit, cab door operator, clutch, double -bottom jack unit (cylinder/piston/protective liner), pumping unit, pick-up rollers, and interlocks 13 The following equipment should be retained hoist way entrances, doors, pit equipment, rails, and counterweights 14 Replace door hanger rollers 15 Machine Rooms bring access and rooms into compliance with current codes 16 Fire System interface/recall bring into compliance with elevator/fire codes (Smoke detectors, shunt trip, etc as required by code) Contractor to include pricing for all fire alarm scopes of work to complete elevator modernization 17 Upgraded signals, personnel access, and phone will comply with Americans with Disability Act and OSHA 18 The interior of the car will be updated as necessary to bring into ADA compliance 19 Once work has commenced (e g , elevator taken out of service) the contractor shall be allowed 6 weeks to complete all work 20 Elevator speed must remain 100 feet per minute as a minimum 21 Room/pit heater must be replaced and be thermostatically controlled 22 Sump Pit must meet applicable codes and receive new pump and motor 23 Machine room/pit improvements must meet ventilation requirements 24 Include detailed scope of work included/excluded in bid 25 The completed work must be inspected and passed by a certified inspector who is currently licensed with the Colorado Department of Labor and Employment Division of Oil and Public Safety to perform inspections BID REQUEST #B23oo105 Page 10 PROJECT CLOSE OUT: 1 Contractor will provide all manufacturer's warranty documentation as well as all equipment manuals 2 Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties 3 Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project 4 At project close-out, provide all maintenance manuals, including operation and maintenance instructions, parts listing with sources indicated, recommended parts inventory listing, emergency instructions, and similar Information Include all diagnostic and repair information available to manufacturer's and installer's maintenance personnel A digital copy of these records to be reviewed and approved by Weld County After review and approval, the contractor will be required to provide 2 (two) hard copies of these records to the Weld County Project Manager WELD COUNTY STANDARD TERMS AND CONDITIONS' 1 All damages to building structure and finishes shall be repaired to original condition as a part of this contract 2 Licensed contractors are required for all electrical, plumbing, and mechanical work 3 Project will be permitted through Weld County Fees for Weld County Building Penult will be waived Any other fees associated with this project will be paid for by the contractor 4 Contractor is responsible for the coordination and scheduling of all inspections that are required for all scopes per the conditions of the Weld County Building Permit Please note that the Weld County Building Department does not complete inspections during off hours The contractor will be responsible for having a qualified representative on site for any inspection 5 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 er replace 6 All lifting and hoisting equipment shall be provided by the contractor as required 7 The projected contract date is expected to be June 5, 2023 Based on this date, provide expected start and finish dates for each phase of this project 8 Woik will comply with all applicable Federal, State, and local laws, ordinances, and regulatory requirements 9 No bid bond is required for this project 10 Bids over $50,000 will require a payment (100%) and performance (100%) bond 11 Performance and payment bonds must be submitted using an AIA-A312 bond form Other bond forms will not be accepted 12 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 13 Contractor to include Professional Liability Insurance (PLI) and builders risk insurance 14 Weld County is a tax-exempt entity 15 Davis -Bacon and Buy American requirements are NOT required 26 Contractor will be required to enter into a standard Weld County contract for this service A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request 27 Contractor is to provide lien waivers with each pay application BID REQUEST #B2300105 Page 11 SCHEDULE. 1 Contractor is responsible for providing and maintaining a three week look ahead schedule throughout the life of this project Below is the anticipated schedule for this project Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish March 30, 2023 March 30, 2023 Apnl 18, 2023 April 25, 2023 May 2, 2023 May 22, 2023 June 5, 2023 Immediately following Contract January 1, 2024 PROPOSED DATES. Please provide proposed schedule dates with the expectation of contract execution being June 5, 2023 START DATE 017 , /7 7l� 1 COMPLETION DATE 0:1/2/7 { TOTAL LUMP SUM COST. FACILITY LUMP SUM COST TOTAL LUMP SUM COST $ lE, `7/S BID REQUEST #B2300105 Page 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 1000 AM on May 2. 2023: 1) Pages 9 thru 14 of the Bid Specifications/Scope of Work 2) W9, if applicable,* 3) Any future Addenda must be completed 4) All other items as requested in the Bid Specifications/Scope of Work *A current W9 is required for new bidders If you have previously worked with Weld County, only provide your W9 if there has been a change Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #82300105 Page 13 The undersigned, by his or her signature, hereby acknowledges and represents that. 1 The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid No. #82300105 2 The quotations set forth herein are exclusive of any federal excise taxes and all other stale 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 The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5 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 / FIRM PhAk ,/ /'C Le` rcn BY 4,,,,,p/ ,ezi , (Please print) BUSINESS �C`1 6?/.a /% ADDRESS ) iO S .4, 5,,,x- t DATE 0-r7°( , CITY, 9 STATE, C� CODE r c/.t O4,.. TELEPHONE SIGNATURE ZIP pay? 770% 9/Cl, ('9Cj FAX TAX ID # /S~ � �� E-MAIL d ,7 al ,,, kPA./c/Fvhffr' Cum WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551.0000 YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY. Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE. Elected Official or Department Head Controller PSRFB0323 'BID REQUEST #82300105 Page 14 AC® ®� CERTIFICATE OF LIA=`ILITY INSURANCE DA'" 06/13/2023 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((es) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement A statement on this certificate does not confer nghts to the certificate holder in lieu of such endorsement(s) PRODUCER CONTACT Ren Linville NAME Brown & Brown of Colorado, Inc (ac Ns,Est) (303) 980 6265 I faallo) (720) 982-5142 1125 17th Street Suite 1450 E MA1L ran Ilnvllle@bbrown coin A DDRESS INSURERS) AFFORDING COVERAGE NAIL N Denver CO 80202 INSURERA Great American Insurance Company 37532 INSURED INSURER B Firemen's Insurance Company of Washington D C 21784 PEAK ELEVATOR, LLC INSURER C Liberty Insurance Underwnters, Inc 19917 5405 W 56th Ave Unit E INSURER D Pinnacol Assurance Inc 41190 INSURER E Arvada CO 80002 INSURER CERTIFICATE NUMBER 23-24 Master 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 CONTRACTOR 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 IT TYPE OF INSURANCE AWCSUBH ',TOL= POLICY NUMBER POLICY EFF (MM/DD/YYYYJ POLICY E)(P (MMn7DlYYY'() LIMITS A X COMMERCIAL GENERAL LIABILITY ICLAIMS -MADE ® OCCUR Pollulon Liability $1 000 000 Y Y GLP132462706 05/03/2023 05/03/2024 EACH OCCURRENCE S 1 000 000 S 300 000 S 10 000 PV.,047.729, (Ee occurtenoe) MED EXP (Any one person) PERSONAL a Ai, iNJURY $ 1,000000 GENERALAGGREGATE S 4,000 000 GEN LAGGREGATE LIMIT APPLIES PER POLICY ® im- ® L. OTHER PRODUCTS COMP/OPAGG S 4,000 000 Max Aggregate s $10,000,000 B AUTOMOBILE LIABWTY X ANY AUTO OWNED _ AUTOS ONLY HIRED _ AUTOS ONLY - SCHEDULED AUT(1,5 NON OWNED _ AUTOS ONLY Y Y CPA3224274 05/03/2023 05/03/2024 C(NEadBINEDSINGLE LIMIT (acadeM) $ 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per awdent) S PROPERTY DAMAGE (Per awdent) S C X 000RELLA LIAR X OCCUR EXCESSLIIAR CLAIMS -MADE Y Y 100059969701 05/03/2023 05/03/2024 EACH OCCURRENCE S 5,000,000 AGGREGATE $ 12 500,000 S DED I XI RETENTIONS 0 D WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y/ N ANY PROPRIITaCE ARTLNuEo XECUTIVE ❑ in NER EXCLUOED� (Mandatory m NH) (Mandatory Ityes desrnbeunder DESCRIPTION OF OPERATIONS below NIA Y 4198225 05/01/2023 05/01/2024 XI STATUTE I I ER EL EACH ACCIDENT $ 1 ..... E L DISEASE EA EMPLOYEE S 1 000 000 EL DISEASE POLICY LIMIT S 1,000,000 B Employee Theft CPA3224274 05/03/2023 05/03/2024 Theft Per Claim $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached rr more apace rs required) RE Jail Elevator Modernization Contract Weld County is named as Additional Insured as per written contract A Waiver of Subrogation applies Coverage is Primary and Non -Contributory Umbrella follows form All policy terms, conditions and exclusions apply CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County H Street ACCORDANCE WITH THE POLICY PROVISIONS 1105 Greeley I CO 80631 AUTHORIZED REPRESENTATIVE X+ C a ACORD 25 (2016/03) © 1$88-2015 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD Contract Form New Contract Regtiest Entity teifairr4tion - Entity Name' PEAK ELEVATOR LLC Contract Name. JAIL ELEVATOR MODERNIZATION _ Contract Status CTB REVIEW Contract Description. ELEVATOR MODERNIZATION AT THE JAIL Contract Description 2 Contract Type. CONTRACT Amount* $181,975 00 Renewable* NO Automatic Renewal Grant IGA Entity ID's 00042855 ❑ New Entity? Contract ID 7090 Contract Lead. SGEESAMAN Contract Lead Email sgeesaman@co.weld co us,I redfem@weldgov corn Department Requested BOCC Agenda BUILDINGS AND GROUNDS Date* 06;28/2023 Department Email CM- BuildingGrounds@weldgov c om Department Head Email CM-8uildrngGrounds- DeptHead@weldgov corn County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORN EY@WELDG OV COM If this is a renewal enter previous Contract ID If this is pan of a MSA enter RNA Contract ID Parent Contract ID Requires Board Approval YES Department Project # Due Date 06;24+2023 Mil a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be induded? YES Bid/RFP #* 82300105 Note the Previous Contract Number and Master Services Agreement Number should be left blank if those connacts are not in OnBase Contract Dates Effective Date Review Date. 11 /06 12023 Renewal Date Termination Notice Period Contact Information_ Contact Info Committed Delivery Date Expiration Date. 11/06,2023 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Porchaning ' Purchasing Approver CHERYL PATTELLI Approval Process Department Head TOBY TAYLOR DH Approved Date 06,14/2023 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06/21/2023 Originator SGEESAMAN Finance Approver CHRIS D'OVIDIO Purchasing Approved Date 06/1912023 Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 0614,2023 06/14/2023 Tyler Ref # AG 062123 EXHIBIT G 0 L DZMOD LIFT CO. C `et oRA�� tffance tStS 5978 Elk Sonia Id Golden. CO. 80403-8194 United States Direct: (855) 888 - 8624 Cell: (720) 737 - 5391 0i 3 .O a PROPOSAL FOR ELEVATOR REPAIR SERVICES (WELD COUNTY .I .0 I L ELEVATOR) DZMOD & LIFT is pleased to present our proposal for providing all associated Material and Labor for the elevator on your modernization project. At DZMOD we aim to enhance the safety, efficiency, and overall functionality of the existing elevator infrastructure. With our expertise in project supervision and skilled labor, we are confident in our ability to deliver a seamless installation process that meets your specific needs and exceeds your expectations. Pricing is based on Davis Bacon Wage Determination, and bid documents provided. Summary of the Proposal The primary reason for this proposal is to provide Materials and labor for a complete Modernization. Your equipment will be installed to meet current safety standards and operate with optimal efficiency under the code outlined in the bidding documents. DZMOD will not only improve its reliability and performance but also extend its lifespan, reduce energy consumption, and enhance the overall end user experience. How We Can Best Support Your Needs To ensure the success of this modernization project, we will provide comprehensive project supervision, overseeing all aspects from initial acceptance of material delivery through to final inspection for our work. Our team of experienced professionals will coordinate with you and necessary parties, manage timelines, and ensure that the project stays within schedule. In addition, we will supply the necessary skilled labor to execute the installation process efficiently. Our technicians are trained in the latest elevator technologies and safety protocols, ensuring that the modernization is completed to the highest standards. By partnering with us, you can expect: 1. Expert Project Management: Photos. 2. Quality Assurance: 3. Minimized Disruption: Detailed oversight to keep the project on track with submission of Weekly Reports & Skilled labor that adheres to stringent safety and quality standards. A commitment to completing the project with minimal disruption to Weld County. We are dedicated to delivering a repair solution that not only meets but exceeds your expectations, ensuring the long-term reliability and efficiency of the elevator system. Scope of Work DZMOD shall provide all Materials, labor, and install for the repairs to one Hydraulic Elevator. The scope of work includes: Repair one Hydraulic Elevator. Provide Warranty Maintenance and Inspection Services as outlined in the specifications. Project Deliverables Deliverable Description Demolition/Storage Provide demolition code compliant to all manor. equipment being replaced and remove equipment off site and dispose of in a Installation of new / refurbish Replace Drain Clean Replace elevator Jacks with Existing contaminated filters and seats in Maxton leaking Victualic fittings. new oil and 2 Hydraulic stage add 1 piece new. Valve. jacks. Testing Provide Pressure testing and operation of new jacks. Warranty Provide Warranty on workmanship and provided material for 1 year. Time Lines The project will take approximately 6-8 days to complete. Supplied Tools DZMOD will provide all tools for the Repair of the elevator. PRICING The following table details the pricing for delivery of the services outlined in this proposal. This pricing is valid for 30 days from the date of this proposal: Services Cost Category #1 Price Weld County Jail Elevator Repair $68,0000.00 Bonding is included in this price $2,000.00 TOTAL: $70,000.00 2 Estimates are subject to change if project specifications are changed or costs for outsourced services change before a contract is executed. Payment terms DZMOD will require the following: 40% Deposit upon signed agreement or purchase order 10% Upon Commencement of the project 50% would be billed as progress payments monthly CLARIFICATIONS FOR ELEVATOR WORK 1. We have made provisions for permits. 2. We have made provisions for bonding. 3. We have not included any Associated Building Work outside of the Elevator Trade. Carpentry, Electrical, HVAC, Generator Services, Painting, Sump pumps and plumbing and fire alarm is by others. 4. We have made no provisions for dumpsters. 5. We have made no provisions for off hours work if required. Should we choose to perform work off hours, the decision will be made by DZMOD. 6. We have made no provisions for lead testing or abatement services. 7. Any additional material costs will be subject to a contract cost change. 8. Three-phase power and a fused disconnect run to the elevator machine room and three- phase power run to our starter (in conduit) is by others. 9. Separate 120 -volt lighting circuits with disconnect ground fault protected to our controller in conduit is by others. 10. Provide onsite storage of approximately 20' x 25' for each elevator or suitably sized C -Container. If this can't be provided General Contractor or Owner must pay for offsite storage. The building owner and/or general contractor are responsible to provide adequate site security at all times during normal business hours and off -hours. It is the building owner and/or general contractor's responsibility to provide a 20' x 25' secured dry storage area inside the building adjacent to the elevator hoistway(s) for tool and elevator material storage. If not supplied on site, DZMOD must be compensated for stored materials prior to elevator installation. 11. Water proofing of elevator pits is by others. 12. All lighting in the machine room, elevator pit and in the hoistway per plans and specifications is by others. 13. Traffic analysis/studies are not included in this proposal and if required are to be by others. 14. Air purification systems, ventilation systems or any type of exhaust systems, during construction for welding, etc. are to be supplied by others 15. All hoistway ventilation is to be by others (if required). 16. All heat sensors, smoke detectors, sprinkler systems, sprinkler cutoff, shunt trip breaker and flow switch if required. 17. Lifting beam required at top of hoistway is by others. 18. Divider beams or support beams for guide rails are by others. 19. Intermediate guide rail supports, if required, and any framework, special brackets or attachments are by others. If hoistway is other than masonry construction structural guide rail bracket attachment points are to be provided by others. 20. Access doors, panels, platforms, grading, staircases, when and if required for machine rooms, machine spaces, control rooms, control spaces, and/or overhead areas per code, etc. to be provided by others. 21. Closing in of all doorframes, grouting, patching, caulking, and fire caulking of hoistway and machine room as required. 22. Reasonable parking spaces, one (1) per crew, are to be provided by the GC, or additional cost must be added for offsite parking. 23. Telephone lines. The telephone line is to be run to our controller (in conduit). 24. Remote conduits and wiring from the machine rooms to any location for items such as fire alarm systems, emergency power systems, communication, P.A. systems or remote -control systems of any type are by others. 25. Sump pumps in pit with grating if required by others, unless mentioned as an alternate price. 26. Emergency power generator and proper signals are not included. 27. Special Barricades (Outside of OSHA requirements) if required are by others. Materials for OSHA barricades is the responsibility of Delaware Elevator. 28. Any cants or guards to correct projections, setbacks, or offsets in hoistways, if necessary are by others. 29. Professional Engineer Stamps/Certifications. 30. We do not include any professional or certified fire caulkers or fire spraying of any disturbed areas in or around our work. 31. No security card or security access readers are provided, only coordination and provisions in controller. 32. No composite clean-up crews will be provided. We will clean our work area only, daily. 33. Spare parts and spare parts cabinets are not included. 34. Any x-raying, ground penetrating radar or core drilling. 35. DZMOD does not include additional materials for out of the ordinary pit structures, or deep pits. 36. No operator hours for temporary construction hoist, for point up, or anything unless negotiated up front and in the Contract. 37. DZMOD will mobilize after completed and dried in hoistway and machine room are complete with either temporary or permanent power to the jobsite is provided. We will demobilize when complete and allow for a second mobilization for final adjusting/testing once all coordinated and required other trade work is completed as needed for our final test. Any additional mobilizations due to lack of coordination or completion of other trades and/or GC will be billable at $3,500 per mobilization. If additional mobilizations are required due to DZMOD falling behind schedule, after the above requirements have been satisfied, there will be no charge for additional mobilizations. 38. re -mobilization charge. Fire Alarm and telephone hook-ups, etc. should be performed at the end of the install while on site, or during our last mobilization for adjusting and final testing. 39. In the event DZMOD must work shift work or overtime, the responsible party is to pay premium/overtime rates. CONCLUSION We look forward to working with We are confident we can meet the challenges ahead and stand ready to partner with you in delivering an effective elevator modernization project. Please send a purchase order to get started. at (720) 737 - 5391 We will be in touch with you next week to arrange a follow-up conversation on the proposal Thank you for your consideration, Deon Young Deon Young Chief Executive Officer lisp //www dzmod coin/ 4 PERFORMANCE Trsvelere Calumny end Surety Company of Amerlce BOND public Wont Hartford, CT 06163 Bond No.: 108111671 KNOW ALL BY THESE PRESENTS, That we, DZMOD IJbt Co. , as Principal, and Trinan, Cindy mad Swots Cowan e[Awoke , a CosoretkaO corporation. as Surety, are held and firmly bound unto Wdd Comp , as Obligee, In the earn of &vents Thousand 00(100 Dollars E 17,,000.00 for the payment whereof said Prindpal and Surety bald themselves, jointly and severally, as provided herein. WHEREAS, Principal has entered into a contract with Obligee dated Jemmy 29, 2g2,5 for rau ivr�tMto_ r ratioaBl� ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if Principal shall perform the Construction Work to be done under the Contract, then this obligation shat be null and void; otherwise to remain in full force and effect. Surety's obligations hereunder shall not arise artless Principal is in default under the Contract for failing to perform the Construction Work, and has been declared by Obligee to be in default under the Contract for failing to perform the Construction Work; and Obligee has performed its obligations under the Contract In such event, Surety shall have a reasonable period of time to: 1. Upon entering Into an acceptable written takeover agreement with Obligee, undertake to perform and complete the Construction Work tobe done under the Contract; or 2. Obtain bids or negotiated proposals from qualified contractors for a contract for completion of the Construction Work to be done under the Contract, arrange for a contract to be prepared for execution by Obligee and contractor, to be secured with performance and payment bonds executed by a quad surety; or 3. Waive its right to perform or complete the Construction Work pursuant to paragraphs 1 and 2 above, and with reasonable promptness under the circumstances: (a) After investigation, determine the amount for which It may be liable to the Obligee and, as soon as practicable after the amount is determined, tender payment therefor to the Obligee; or (b) Deny liabffity in whole or in part and notify the Obligee citing reasons therefor. 4. The Contract balance, as defined below, shall be credited against the reasonable construction cost of completing the Construction Work to be performed under the Contract. If convicted by Obligee pursuant to paragraphs 2 or 3 above, and the reasonable construction cost exceeds the Contract balance, Surety shall pay to Obligee such excess, but in no event shall the aggregate :liability of Surety exceed the amount of this bond ff Surety completes the Construction Work pursuant to paragraph 1 above, that portion of the Contract balance as maybe required to complete the Construction Work to be done under the Contract and to reimburse Surety for its outlays shall be paid to Surety at the times and in the manner as said areas would have been payable to. Principal had there been no default under the Contract; provided, however, that to the extent that Surety's outlays exceed the Contract balance paid to Surety by Obligee, Surety Shall be entitled to a dollar for dollar reduction of its liability under this bond, and Surety's aggregate liability shall not exceed the penal sum of this bond. The term 'Contract balance,' as used In the paragraph, shall mean the total amount payable by Obligee under the Contract and any amendments thereto, less the amounts properly paid by Obligee to Principal under the Contract. The term 'Construction Work' as used herein shed mean the prodding all labor and/or material necessary to complete Principal's scope of work under the Contract Notwithstanding any language in the Contract to the contrary, the Contract balance shall not be reduced or Set off on account of any obligation, contractual or otherwise, except the reasonable construction cost incurred in completing the Construction Work. 5. Any suit by Obligee under this bond must be instituted before the earlier of; (a) the expiration of one year from the date of substantial completion of the Construction Work, or (b) one year after Principal Performance Bond — Page 1 of 2 ceased performing the Construction Work under the Contract, excluding warranty worts. If this bond is provided to comply with bond statutes in the location where the Construction Work is being performed, and the bond statutes contain a statute of limitations for suits on the performance bond, then the limitation period set forth herein shall be read out of this bond and the statute of limitation set forth in the bond statutes shall be read into this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defame In the judo:Action of the suit shall be applicable, and said period of limitation shall be deemed to have accrued and shall commence to run no later than the earlier of (y) the date of substantial completion of the Construction Work, or (z) the date Principal ceased performing Construction Work, excluding warranty work. a. No suit or action shay be commenced hereunder other than in a court of competent jurisdiction in the county or other political subdivision of the state in which the protect, or any part thereof, is .situated, or in the. United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 7. This bond shall not afford coverage for any liability of Principal for tortious acts, whether or not said tabtlty is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract No. right of.adtion shall accrue on this bond to or for the use of any person or entity other than the named Obligee. 8. This bond is provided to comply with applicable statutory or other legal requirement for performing construction contracts for pubic owners in the location where the Construction Work its being performed. Except as provided in paragraph 5 above, all provisions in the bond which are in addition to or differ from applicable statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. Signed this 29 day of lamas, DZMOD Lift Ca (Principal) By Travelers casaiy andSurelyCompany of By: Eric Fauerbach , Attorney -in -Fact HAfiTFOR D ,a4.4 crow Performance Bond — Page 2 of 2 TRAVELERS, Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"}, and that the Companies do hereby make, constitute and appoint ERIC FAUERBACH of NORTH CHARLESTON , South Carolina , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizanoes, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Compamfes in their business of guaranteeing the fidelty of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings albwed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. Bond No; 108111678 principal; DZMOD Lilt Co. State of Connecticut City of Hartford ss. By. Robert L Ra - , -nior Vice President On this the 21st day of April, 2021, before me personally appeared Robed L Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, i hereunto set my hand and official seal. My Commission expires the 90th day of June, 2026 Anna P. Nowak, Notary Public This Power of Attorney Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fad and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal wfth_ the Company's seal, bonds. recognizance.._ contracts of Indemnity. er Writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chaiman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer. the Corporate secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fad and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and his FURTHER RESOLVED, that the signature of each of the following officer.: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be educed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys lr- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be need and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid end binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect_ Datedthis 29 day of January , 2025 . r� f Kevin E Hughes, �Seaetary Torwirryfhsauthenticity cfdMsPower afAttorney, "re callus art1400421-3880. Please rafter to Me above -sunned Attamey(sfsr-factand the details ofinebond towhich this PoarofAEtonssyaaftaaiad PAYMENT BOND (Piblic Work) Travelers Casualty. and Surety. Company of Amer ca Hartford, CT 06183 Bond No.: 108111678 KNOW ALL BY THESE PRESENTS, That we, DZMOD Lift Co. as Principal, and corporation, Tra. s ca.aab tied coned cwn.m a Cow as Surety, are held and firmly bound unto Weld County as Obligee, in the sum of Seventy Thousand 0W1.00 U.S. Dollars ( $70.0400 ) for the payment whereof said Prinapai and Surety bind themselves, jointly and severally, as provided herein. WHEREAS, Principal has entered into a contract with Obligee, dated January 25,2025 , for Jail Elevator Modernization Project, Contract 51)17090, Weld County Administration Bldg ("Contract" ). NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payment to all Claimants as hereinafter defined for all labor and material actually used, consumed or incorporated in the performance of the construction work to be performed under the Contraaact, then this obligation shall be void; otherwise to remain in full force and effect, subject, however, to the following conditions: . A Claimant is defined as one other than Obligee having a contract with Principal or with a direct subcontractor of Principal to supply labor and/or materials and said labor and/or materials are actually used, consumed or incorporated in the performance of the construction work under the Contract 2. Principal and Surety hereby jointly and severally agree with Obligee that every Claimant as herein defined who has not been paid in fun before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or materials supplied by the Claimant which were used, consumed or incorporated in the performance of the work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of Principal shall have a right of action on this bond only if said Claimant notifies Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or performed the last labor and/or materials for which the claim is made. Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: a. After the expiration of the earlier of: (1) one year after the day on which Claimant last supplied the labor and/or materials for which the claim is made; or (2) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond which is prohibited by any law controlling in the state where the suit is filed shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state, and said period of limitation shall be deemed to have accrued and shall commence to run on the day Claimant Int IOW the labor and/or materials for which the claim is made; and b. Other than in a state court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. Surety's liability hereunder is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. Payment Bond —Pape 1 of 2 5. This bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed, Except as provided in paragraph 3 above, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. This bond is a statutory bond, not a common law bond. Signed this 29 day of January , 2025 DZMOD Lift Co. (Principal) Eric Fauerbach , Attorney -in -Fact Payment Bond — Page 2 of 2 TRAVELERST Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively caked the "Companies"), and that the Companies do hereby make, constitute and appoint ERIC FAUERBACH of NORTH CHARLESTON , South Carolina their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidetty of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perrnitted in any actions or proceedings allowed bylaw. IN HOTNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seats to be hereto affixed, this 21st day of April, 2021. Bond No: 108111678 principal: DZMOD Litt Co. State of Connecticut By: City of Hartford ss. Robert L. Rene , =nior Vice President On this the 21st day of April, 2021, before me personalty appeared Robert L Raney. who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duty authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seat. My Commission expires the 30th day of June, 2028 Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authorty of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to ac for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Companys seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any tone Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and It is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Companys seal by a Secretary or Assistant Secretary; or (b) duly executed (under seat, if required) by one or mom Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and t is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Keenan E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full fore and effect. Dated this 29 day of January , 2025 . t.-- Kevin E. Hughes, Assstant Secretary To wrl>y flee authentidly of this Power a?Attoere.p place callus at 2,B0i0-4213880. Please refer to the abate -maned Attorney(s)-In-Pact and the details oft the bond to WWI this AuwrerofAtdotney is attached Hello