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SERVICE AGREEMENT BETWEEN WELD COUNTY AND SOUTHPAW
ELECTRICAL CO.
THIS AGREEMENT is made and entered into this30gay of In 1 ,
2025, by and between the Board of Weld County Commissioners, on behalf of Facilities
Department, hereinafter referred to as "County," and Southpaw Electrical Co.,
hereinafter referred to as "Contractor".
WHEREAS, County requires an independent contractor to perform the services
required by County and set forth in the attached Exhibits; and
WHEREAS, Contractor is willing and has the specific ability to perform the
required services at or below the cost set forth in the attached Exhibits; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and
has the time, skill, expertise, and experience necessary to provide the equipment,
materials and services as set forth below.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto agree as follows:
1. Introduction. The terms of this Agreement are contained in the terms recited in this
document and in the attached Exhibits, each of which forms an integral part of this
Agreement and are incorporated herein. The parties each acknowledge and agree
that this Agreement, including the attached Exhibits, define the performance
obligations of Contractor and Contractor's willingness and ability to meet those
requirements (the "Work"). If a conflict occurs between this Agreement and any
Exhibit or other attached document, the terms of this Agreement shall control, and
the remaining order of precedence shall be based upon order of attachment.
Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No.
B2500037.
Exhibit B consists of Contractor's Response to County's Request.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or
products necessary for the Work and agrees to diligently provide all services, labor,
personnel, and materials necessary to perform and complete the Work described in
the attached Exhibits. Contractor shall further be responsible for the timely
completion and acknowledges that a failure to comply with the standards and
requirements of Work within the time limits prescribed by County may result in
County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the mutual execution of
this Agreement and ends one year later. Both of the parties to this Agreement
understand and agree that the laws of the State of Colorado prohibit County from
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entering into Agreements which bind County for periods longer than one year. This
Agreement may be extended upon mutual written agreement of the Parties.
4. Termination; Breach; Cure. County may terminate this Agreement for its own
convenience upon thirty (30) days written notice to Contractor. Due to the time
needed for County to procure replacement services, Contractor may terminate this
Agreement for its own convenience upon ninety (90) days written notice to County.
Either Party may immediately terminate this Agreement upon material breach of the
other party, however the breaching party shall have fifteen (15) days after receiving
such notice to cure such breach. Upon termination, County shall take possession of
all materials, equipment, tools and facilities owned by County which Contractor is
using, by whatever method it deems expedient; and Contractor shall deliver to
County all completed or partially completed Work under this Agreement, together
with all other items, materials and documents which have been paid for by County,
and these items, materials and documents shall be the property of County. Upon
termination of this Agreement by County, Contractor shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any
act incidental thereto, except for compensation for work satisfactorily performed
and/or materials described herein properly delivered.
5. Extension or Amendment. Any amendments or modifications to this agreement
shall be in writing signed by both parties. No additional services or work performed
by Contractor shall be the basis for additional compensation unless and until
Contractor has obtained written authorization and acknowledgement by County for
such additional services.
6. Compensation. Upon Contractor's successful completion of the Work, and
County's acceptance of the same, County agrees to pay Contractor an amount not
to exceed $133,797.70 as set forth in the Exhibits. No payment in excess of that set
forth in the Exhibits will be made by County unless a Change Order authorizing such
additional payment has been specifically approved by Weld County. If, at any time
during the term or after termination or expiration of this Agreement, County
reasonably determines that any payment made by County to Contractor was
improper because the service for which payment was made did not perform as set
forth in this Agreement, then upon written notice of such determination and request
for reimbursement from County, Contractor shall forthwith retum 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
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accordance with a budget adopted by the Board of County Commissioners in
compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local
Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment
(Colorado Constitution, Article X, Sec. 20).
7. Independent Contractor. Contractor agrees that it is an independent contractor and
that Contractor's officers, agents or employees will not become employees or agents
of County, nor entitled to any employee benefits (including unemployment insurance
or workers' compensation benefits) from County as a result of the execution of this
Agreement. Contractor shall be solely responsible for its acts and those of its agents
and employees for all acts performed pursuant to this Agreement. Any provisions in
this Contract that may appear to give the County the right to direct Contractor as to
details of doing work or to exercise a measure of control over the work mean that
Contractor shall follow the direction of the County as to end results of the work only.
The Contractor is obligated to pay all federal and state income tax on any moneys
earned or paid pursuant to this contract.
8. Subcontractors. Contractor acknowledges that County has entered into this
Agreement in reliance upon the particular reputation and expertise of Contractor.
Contractor shall not enter into any subcontractor agreements for the completion of
the Work without County's prior written consent, which may be withheld in County's
sole discretion. County shall have the right in its reasonable discretion to approve all
personnel assigned to the Work during the performance of this Agreement and no
personnel to whom County has an objection, in its reasonable discretion, shall be
assigned to the Work. Contractor shall require each subcontractor, as approved by
County and to the extent of the Work to be performed by the subcontractor, to be
bound to Contractor by the terms of this Agreement, and to assume toward
Contractor all the obligations and responsibilities which Contractor, by this
Agreement, assumes toward County. County shall have the right (but not the
obligation) to enforce the provisions of this Agreement against any subcontractor
hired by Contractor and Contractor shall cooperate in such process. The Contractor
shall be responsible for the acts and omissions of its agents, employees, and
subcontractors.
9. Warranty. Contractor warrants that the Work performed under this Agreement will
be performed in a manner consistent with the standards governing such services
and the provisions of this Agreement. Contractor further represents and warrants
that all Work shall be performed by qualified personnel in a professional manner,
consistent with industry standards, and that all services will conform to applicable
specifications.
10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor
shall submit to County originals of all test results, reports, etc., generated during
completion of this work. Acceptance by County of reports and incidental material(s)
furnished under this Agreement shall not in any way relieve Contractor of
responsibility for the quality and accuracy of the project. In no event shall any action
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by County hereunder constitute or be construed to be a waiver by County of any
breach of this Agreement or default which may then exist on the part of Contractor,
and County's action or inaction when any such breach or default exists shall not
impair or prejudice any right or remedy available to County with respect to such
breach or default. No assent expressed or implied, to any breach of any one or more
covenants, provisions or conditions of the Agreement shall be deemed or taken to
be a waiver of any other breach. Acceptance by the County of, or payment for, the
Work completed under this Agreement shall not be construed as a waiver of any of
the County's rights under this Agreement or under the law generally.
11. Insurance. Contractor must secure, before the commencement of the Work, the
following insurance covering all operations, goods, and services provided pursuant
to this Agreement, and shall keep the required insurance coverage in force at all
times during the term of the Agreement, or any extension thereof, and during any
warranty period. For all coverages, Contractor's insurer shall waive subrogation
rights against County. Contractor shall provide coverage with limits of liability no less
than those stated below. An excess liability policy or umbrella liability policy may be
used to meet the minimum liability requirements provided that the coverage is
written on a "following form" basis.
Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or
authorized to do business in the state of Colorado and with an "A.M. Best" rating of
not less than A -VII. The County in no way warrants that the above -required
minimum insurer rating is sufficient to protect the Contractor from potential insurer
insolvency.
Required Types of Insurance.
Workers' Compensation and Employer's Liability Insurance as required by state
statute, covering all of the Contractor's employees acting within the course and
scope of their employment. The policy shall contain a waiver of subrogation against
the County. This requirement shall not apply when a Contractor or subcontractor is
exempt under Colorado Workers' Compensation Act., AND when such Contractor or
subcontractor executes the appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 100,000
$ 100,000
$ 500,000
Commercial General Liability Insurance including public liability and property
damage, covering all operations required by the Work. The policy shall be endorsed
to include the following additional insured language: "County, its elected officials,
trustees, employees, agents, and volunteers shall be named as additional insureds
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with respect to liability arising out of the activities performed by, or on behalf of the
Contractor."
Such policy shall include Minimum Limits as follows:
Each Occurrence $ 1,000,000
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Personal/Advertising Injury $ 1,000,000
Automobile Liability Insurance for Bodily Injury and Property Damage for any
owned, hired, and non -owned vehicles operating both on County property and
elsewhere in the performance of this Contract.
Contractor's Automobile Insurance Policy shall include Minimum Limits as follows:
Bodily Injury/Property Damage (Each Accident) $ 1,000,000
12. Proof of Insurance. All insurers must be licensed or approved to do business
within the State of Colorado, and unless otherwise specified, all policies must be
written on a per occurrence basis. The Contractor shall provide the County with a
Certificate of Insurance evidencing all required coverages, before commencing work
or entering the County premises. The Contractor shall furnish the County with
certificates of insurance (ACCORD) form or equivalent approved by the County as
required by this Contract. The certificates for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The
Contractor shall name the County, its elected officials, trustees, employees, agents,
and volunteers as "Additional Insureds" for work that is being performed by the
Contractor.
On insurance policies where the County is named as an additional insured, the
County shall be an additional insured to the full limits of liability purchased by the
Contractor even if those limits of liability are in excess of those required by this
Contract.
Upon request by the County, Contractor must provide a certified copy of the actual
insurance policy and/or required endorsements, for examination, effecting
coverage(s) required by the Contract. Such documents are deemed confidential and
deemed not public records for purposes of the Colorado Open Records Act. All
certificates and endorsements are to be received and approved by the County
before work commences.
Each insurance policy required by this Agreement must be in effect at or prior to
commencement of work under this Agreement and remain in effect for the duration
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of the project, and for a longer period of time if required by other provisions in this
Agreement. Failure to maintain the insurance policies as required by this Agreement
or to provide evidence of renewal is a material breach of contract.
All certificates and any required endorsement(s) shall be sent directly to the County
Department Representative's Name and Address. The project/contract number and
project description shall be noted on the certificate of insurance. The County
reserves the right to require complete, certified copies of all insurance policies for
examination required by this Agreement at any time.
Any modification or variation from the insurance requirements in this Agreement
shall be made by the County Attorney's Office, whose decision shall be final. Such
action will not require a formal contract amendment but may be made by
administrative action.
13. Additional Insurance Related Requirements: The County requires that all
policies of insurance be written on a primary basis, non-contributory with any other
insurance coverages and/or self-insurance carried by the County.
The Contractor shall advise the County in the event any general aggregate or other
aggregate limits are reduced below the required per occurrence limit. At their own
expense, the Contractor will reinstate the aggregate limits to comply with the
minimum requirements and shall furnish the County with a new certificate of
insurance showing such coverage is in force.
Commercial General Liability Completed Operations coverage must be kept in effect
for up to three (3) years after completion of the project. Contractors Professional
Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years
after completion of the project.
Certificates of insurance shall state that on the policies that the County is required to
be named as an Additional Insured, the insurance carrier shall provide a minimum of
30 days advance written notice to the County for cancellation, non -renewal,
suspension, voided, or material changes to policies required under this Agreement,
except when cancellation is for non-payment of premium, then ten (10) days prior
notice may be given.
On all other policies, it is the Contractor's responsibility to give the County 30 days'
notice if policies are reduced in coverage or limits, cancelled or non -renewed.
However, in those situations where the insurance carrier refuses to provide notice to
County, the Contractor shall notify County of any cancellation, or reduction in
coverage or limits of any insurance within seven (7) days or receipt of insurer's
notification to that effect.
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The Contractor agrees that the insurance requirements specified in this Agreement
do not reduce the liability Contractor has assumed in the indemnification/hold
harmless section of this Agreement.
Failure of the Contractor to fully comply with these requirements during the term of
this Agreement may be considered a material breach of contract and may be cause
for immediate termination of the Agreement at the option of the County. The County
reserves the right to negotiate additional specific insurance requirements at the time
of the contract award.
14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors
providing services under this Agreement have or will have the above -described
insurance prior to their commencement of the Work, or otherwise that they are
covered by the Contractor's policies to the minimum limits as required herein.
Contractor agrees to provide proof of insurance for all such subcontractors upon
request by the County.
15. No limitation of Liability. The insurance coverages specified in this Agreement
are the minimum requirements, and these requirements do not decrease or limit the
liability of Contractor. The County in no way warrants that the minimum limits
contained herein are sufficient to protect the Contractor from liabilities that might
arise out of the performance of the Work under by the Contractor, its agents,
representatives, employees, or subcontractors. The Contractor shall assess its own
risks and if it deems appropriate and/or prudent, maintain higher limits and/or
broader coverages. The Contractor is not relieved of any liability or other obligations
assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at
its own expense, any additional kinds or amounts of insurance that it may deem
necessary to cover its obligations and liabilities under this Agreement.
16. Mutual Cooperation. The County and Contractor shall cooperate with each other
in the collection of any insurance proceeds which may be payable in the event of
any loss, including the execution and delivery of any proof of loss or other actions
required to effect recovery.
17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not
excluding the County's right to participate, defend the County, its officers, officials,
agents, and employees, from and against all liabilities, claims, actions, damages,
losses, and expenses including without limitation reasonable attorneys' fees and
costs (hereinafter referred to collectively as "claims") for bodily injury or personal
injury including death, or loss or damage to tangible or intangible property caused, or
alleged to be caused, in whole or in part, by the negligent or willful acts or omissions
of Contractor or any of its owners, officers, directors, agents, employees or
subcontractors. This indemnity includes any claim or amount arising out of or
recovered under the Workers' Compensation law or arising out of the failure of such
contractor to conform to any federal, state, or local law, statute, ordinance, rule,
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regulation, or court decree. It is the specific intention of the parties that County shall,
in all instances, except for claims arising solely from the negligent or willful acts or
omissions of the County, be indemnified by Contractor from and against any and all
claims. It is agreed that Contractor will be responsible for primary loss investigation,
defense, and judgment costs where this indemnification is applicable. In
consideration for the award of this contract, the Contractor agrees to waive all rights
of subrogation against the County, its officers, officials, agents, and employees for
losses arising from the work performed by the Contractor for the County.
18. Non -Assignment. Contractor may not assign or transfer this Agreement or any
interest therein or claim thereunder, without the prior written approval of County. Any
attempts by Contractor to assign or transfer its rights hereunder without such prior
approval by County shall, at the option of County, automatically terminate this
Agreement and all rights of Contractor hereunder. Such consent may be granted or
denied at the sole and absolute discretion of County.
19. Examination of Records. To the extent required by law, the Contractor agrees
that a duly authorized representative of County, including the County Auditor, shall
have access to and the right to examine and audit any books, documents, papers,
and records of Contractor, involving all matters and/or transactions related to this
Agreement. Contractor agrees to maintain these documents for three years from
the date of the last payment received.
20. Interruptions. Neither party to this Agreement shall be liable to the other for delays
in delivery or failure to deliver or otherwise to perform any obligation under this
Agreement, where such failure is due to any cause beyond its reasonable control,
including but not limited to Acts of God, fires, strikes, war, flood, earthquakes, or
Governmental actions.
21. Notices. All notices or other communications made by one party to the other
concerning the terms and conditions of this contract shall be deemed delivered
under the following circumstances:
a) personal service by a reputable courier service requiring signature for receipt; or
b) five (5) days following delivery to the United States Postal Service, postage
prepaid addressed to a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a receipt
or acknowledgment is required and received by the sending party; or
Either party may change its notice address(es) by written notice to the other. Notice
may be sent to:
TO Contractor:
Name: South Paw Electric Corporation
Position: Owner/President
Address: 4433 NE Countyline Road
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Address: Erie, Colorado 80516
E-mail: rob(a�southpawelectric.com
Phone: (303) 419-3710
TO County:
Position: Patrick O'Neill
Address: 1105 H Street
Address: Greeley, Colorado 80631
E-mail: poneill(a�weld.00v
Phone: (970) 400-2023
22. Compliance with Law. Contractor shall strictly comply with all applicable federal
and State laws, rules and regulations in effect or hereafter established, including
without limitation, laws applicable to discrimination and unfair employment practices.
23. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may
engage or use other Contractors or persons to perform services of the same or
similar nature.
24. Entire Agreement/Modifications. This Agreement including the Exhibits attached
hereto and incorporated herein, contains the entire agreement between the parties
with respect to the subject matter contained in this Agreement. This instrument
supersedes all prior negotiations, representations, and understandings or
agreements with respect to the subject matter contained in this Agreement. This
Agreement may be changed or supplemented only by a written instrument signed by
both parties.
25. Fund Availability. Financial obligations of the County payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted,
and otherwise made available. Execution of this Agreement by County does not
create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
26. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq.
and §24-50-507. The signatories to this Agreement state that to their knowledge, no
employee of Weld County has any personal or beneficial interest whatsoever in the
service or property which is the subject matter of this Agreement.
27. Survival of Termination. The obligations of the parties under this Agreement that
by their nature would continue beyond expiration or termination of this Agreement
(including, without limitation, the warranties, indemnification obligations,
confidentiality and record keeping requirements) shall survive any such expiration or
termination.
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28. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be
construed and enforced without such provision, to the extent that this Agreement is
then capable of execution within the original intent of the parties.
29. Non -Waiver. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of the monetary limitations or any of the
other immunities, rights, benefits, protections, or other provisions, of the Colorado
Governmental Immunity Act §§ 24-10-101 et seq., as applicable now or hereafter
amended.
30. No Third -Party Beneficiary. It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties
and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this Agreement shall be an incidental
beneficiary only.
31. Board of County Commissioners of Weld County Approval. This Agreement
shall not be valid until it has been approved by the Board of County Commissioners
of Weld County, Colorado, or its designee.
32. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established
pursuant thereto, shall be applied in the interpretation, execution, and enforcement
of this Agreement. Any provision included or incorporated herein by reference which
conflicts with said laws, rules and/or regulations shall be null and void. In the event
of a legal dispute between the parties, Contractor agrees that the Weld County
District Court shall have exclusive jurisdiction to resolve said dispute.
33. No Employment of Unauthorized Aliens - Contractor certifies, warrants, and
agrees that it does not knowingly employ or contract with an unauthorized alien who
will perform work under this Agreement (see 8 U.S.C.A. §1324a and (h)(3)) nor enter
into a contract with a subcontractor that employs or contracts with an unauthorized
alien to perform work under this Agreement. Upon request, contractor shall deliver
to the County a written notarized affirmation that it has examined the legal work
status of an employee and shall comply with all other requirements of federal or
state law.
Contractor agrees to comply with any reasonable request from the Colorado
Department of Labor and Employment in the course of any investigation.
If Contractor fails to comply with any requirement of this provision, County may
terminate this Agreement for breach, and if so terminated, Contractor shall be liable
for actual and consequential damages.
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34. Attorney's Fees/Legal Costs. In the event of a dispute between County and
Contractor concerning this Agreement, the parties agree that each party shall be
responsible for the payment of attorney fees and/or legal costs incurred by or on its
own behalf.
35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration
by any extra -judicial body or person. Any provision to the contrary in this Agreement
or incorporated herein by reference shall be null and void.
Acknowledgment. County and Contractor acknowledge that each has read this
Agreement, understands it and agrees to be bound by its terms. Both parties further
agree that this Agreement, with the attached Exhibits, is the complete and exclusive
statement of agreement between the parties and supersedes all proposals or prior
agreements, oral or written, and any other communications between the parties relating
to the subject matter of this Agreement.
CONTRACTOR:
Trevor Parmenter
By:
Name: TrPvnr Parmpnies
Title: President
WELD COUNTY:
Date of Signature: 4/24/25
ATTEST: W.drhiti je404 BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
Weld County lerk to the Board
BY: I (
Deputy Clerk to the Board �/ '" ' . �_ Scott K. James, Chair Pro-Tem
APR 3 0 2025
ZoZS-0ga
Exhibit A
IFB Schedules
Weld County Finance Department
Purchasing Division
1301 North 17th Avenue
Greeley, Colorado 80631
General Services - Invitation for Bid (IFB) Cover Sheet
Bid Number: B2500037
Title: Replacement Generators & ATS for Grover & Kersey Grader Sheds
Advertisement Date: March 3, 2025
P re- Bid Meeting: March 17, 2025, at 9:00am
P re- Bid Location: 23636 CR 54 Kersey, CO 80644
Questions Due: March 24, 2025, by 5:00pm
Questions Posted: March 25, 2025, by 12:00pm
Questions email: bids@weld.gov
Bid Due Date: March 31, 2025, by 10:00am, Purchasing's Clock
Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301
North 17th Avenue, Greeley, CO 80631
For additional information: bids@weld.gov
Documents Included in this Bid Package
IFB Attachments
S chedule A: Bid Instructions
S chedule B: Scope of Work
S chedule C: Project Schedule
S chedule D: Bid Form
Schedule E: Insurance
Schedule F: Weld County Contract
Form Revision 12-2024
Table of Contents
General Services - Invitation for Bid (IFB) Cover Sheet 1
Documents Included in this Bid Package 1
IFB Schedules 1
IFB Attachments 1
Table of Contents 2
Schedule A - Bid Instructions 3
Purpose/Background 3
Bid Advertisement 3
Bid Submission 3
Introductory Information 3
Cooperative Purchasing 4
Schedule B - Scope of Work 6
Project Overview 6
Method of Procurement 6
Pricing Method 6
Specific Requirements and Responsibilities 6
Schedule C - Procurement Schedule 9
Schedule D - Bid Response Form 10
Bid Submittal Instructions 10
Fees 10
Attestation 10
Schedule E — Insurance 12
Insurance 12
Insurance Mailing Information 14
Schedule F - Weld County Contract 15
Contractual Obligations 15
Weld County Standard Contract 15
Solicitation #B2500037 Page 2
Schedule A - Bid Instructions
Purpose/Background
The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing
Office (collectively referred to herein as, "Weld County"), wishes to purchase the following:
Replacement Generators & ATS for Grover & Kersey Grader Sheds
A Mandatory pre -bid conference will be held on March 17, 2025, at 9:00am at the Kersey
Grader Shed located at 23636 CR 54 Kersey, CO. Bidders must participate and record their
presence at the pre -bid conference to be eligible to submit bids.
Bids will be received until: March 31, 2025 at 10:00 am (Weld County Purchasing Time Clock).
The submitted bids will be read over a Microsoft Teams Conference Call on March 31, 2025
at 10:30 am. To join, call the phone number and enter the Conference ID provided below or
you are invited to attend the bid opening in person at the Weld County Purchasing
Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631.
By
Phone
Microsoft
Teams
Join
the
meeting
now
+1
720-439-5261,779580502#
United
States,
Denver
Meeting
ID:
218
582 874 014
Phone
conference
ID:
779 580 502#
Passcode:
JT2ch6ff
Bid Advertisement
You can find information concerning this request on the BidNet Direct website at
https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet
Direct is an on-line notification system which is being utilized by multiple non-profit and
governmental entities. Participating entities post their bids, quotes, proposals, addendums, and
awards on this one centralized system.
Bid Submission
1. PREFERRED: email bids to bids�weld.gov If your bid exceeds 25MB please upload your
bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500
MB. If vendor does not desire email submission, sealed bids will be received at the Office of
the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue,
Greeley, CO 80631 by the bid due date and time.
2. PDF format is required. Emailed bids must include the following statement on the email: "I
hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has
been received. Please call Purchasing at 970-400-4222 or 4223 with any questions.
Introductory Information
1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing
Division. Each bid must give the full business address of bidder and be signed by authorized
person. Bids by partnerships must furnish the full names of all partners and must be signed
with the partnership name by one of the members of the partnership or by an authorized
Solicitation #B2500037 Page 3
representative, followed by the signature and title of the person signing. Bids by corporations
must be signed with the legal name of the corporation, followed by the name of the state of
the incorporation and by the signature and title of the president, secretary, or other person
authorized to bind it in the matter. The name of each person signing shall also be typed or
printed below the signature. A bid by a person who affixes to his signature the word
"president," "secretary," "agent," or other title without disclosing his principal, may be held to
be the bid of the individual signing. When requested by the Weld County Procurement
Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation
shall be furnished. A power of attorney must accompany the signature of anyone not
otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the
person signing the bid. All bidders shall agree to comply with all of the conditions,
requirements, specifications, and/or instructions of this bid as stated or implied herein. All
designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms
shall be suitably filled in. Bidders are required to use the Proposal Forms which are included
in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled
out completely, in detail, and signed by the Bidder.
2. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the
bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to
the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior
to the time of opening will be kept unopened in a secure place. No responsibility will attach
to the Weld County Procurement Manager for the premature opening of a bid not properly
addressed and identified. Bids may be withdrawn upon written request to and approval of
the Weld County Procurement Manager; said request being received from the withdrawing
bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the
bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are
expected to examine the conditions, specifications, and all instructions contained herein,
failure to do so will be at the bidders' risk.
3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will
give preference to resident Weld County bidders in all cases where said bids are competitive
in price and quality. It is also understood that Weld County will give preference to suppliers
from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids
for the purchase of any books, stationery, records, printing, lithographing or other supplies
for any officer of Weld County). Weld County reserves the right to reject any and all bids, to
waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid
that, in the opinion of the Board of County Commissioners, is to the best interests of Weld
County. The bid(s) may be awarded to more than one vendor.
4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents
of the Invitation for Bid contained herein (including, but not limited to the product
specifications and scope of services), the formal acceptance of the bid by Weld County, and
signature of the Chair of the Board of County Commissioners, together constitutes a contract,
with the contract date being the date of signature by the Chair of the Board of County
Commissioners.
Cooperative Purchasing
Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce
their cost of bidding and to make better use of taxpayer dollars through volume purchasing.
Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award
to other state or local government agencies, school districts, or political subdivisions in the event
they would have a need for the same product/service. Usage by any entity shall not have a
Solicitation #B2500037 Page 4
negative impact on Weld County in the current term or in any future terms
Solicitation #B2500037 Page 5
Schedule B - Scope of Work
Project Overview
Weld County is seeking bids for a turn -key lump sum project for a vendor to provide
replacement generators and automatic transfer switches for the Grover and Kersey grader
sheds.
Method of Procurement
Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation.
When issued, the bid package is considered complete for bidding purposes. Responsiveness to
the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be
eliminated from consideration. Low price is the key consideration by Weld County in awarding
an IFB contract.
Pricing Method
Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications,
the contractor estimates their cost to provide the work, adds a profit margin, then proposes the
sum as a price of the project. Lump Sum requires the proposals to include a fixed, not -to -exceed
lump sum, which shall include all costs that may be paid to the contractor. The solicitation may
include an itemized list of costs, in which case the proposals shall include itemized costs.
Specific Requirements and Responsibilities
Current generators at each location:
Kersey Grader Shed
1. Generac
a. Model 58870
b. Serial 5948511
c. KW Rating 20 KW
d. ATS
Grover Grader Shed
2. Generac
a. Model: 58751
b. Serial: 7349924
c. KW Rating: 12 KW
d. ATS
1. All equipment and materials shall be submitted and approved prior to construction. The
County Project Manager is to review and approval all colors prior to installation.
2. Work during business hours will be acceptable. This facility is operational 24/7. The
contractor will be required to provide uninterrupted power for any major power transfers. The
contractor is to minimize any disruptive work, and the County reserves the right to shut
down any work that is deemed disruptive to the facility operations or clients.
3. Any work being performed in this facility needs to be coordinated one week prior to
commencement.
4. All supports, raceways, and electrical devices to be submitted and approved prior to
construction.
5. Contractor is to be certified for installation of specified generator.
Solicitation #B2500037 Page 6
6 Contractor is responsible for filling all appropnate fluids to fully operate and test backup
generator
7 Contractor is responsible for lubncatmg all necessary components for backup generator
8 Contractor to adjust and test automatic transfer switch in normal and emergency mode
Starting and testing the system in automatic mode simulating power failures from the utility
Electncal wires, pipes and devices shall comply with UL standard and meet National Electnc
Codes
9 All materials and equipment incorporated into the project shall be new unless noted
otherwise. The Contractor shall transport and safeguard all materials and equipment
required for construction
10 Contractor to coordinate all irngation lines with Weld County
11 Generator shall be installed according to manufacturer's specifications
12 Contractor is responsible for isolation pads for the generator if required by the manufacture
13 Contractor will be responsible for reviewing existing electrical equipment and conditions to
determine the requirements for replacement generator backup systems
14 Replacement generators and respective equipment shall be sized to 30KW
15 Replacement of existing generator and ATS to be compatible with existing backup circuitry
being utilized in the budding
16 The contractor to provide new diesel generators New backup generators need to equivalent
or better than existing backup generators
17 Contractor will be responsible for capping existing propane line as near to the tank as
possible
18 Proof of full load testing Engine generator set shall be operated at 75°/0 of rated load for at
least two hours and then 100% rated load for at least four hours In addition, a full load
acceptance test of 100% of rated load shall be applied to the generator with voltage and
frequency stabilization occurnng per Specifications
19 Contractor will be responsible for all weather protection
20 Contractor to coordinate all parking and staging of equipment prior to starting onsite
21 Remote panel locations and specific notifications will be determined onsite
22 Contractor to remove and replace existing generator concrete pads with new per
manufactures recommendations
23 Contractor to provide a factory owner training on the installed equipment once the project is
complete
24 Bidders must provide manufacturers specifications with their bid responses that show the
proposed equipment meets the minimum capacities as shown above
25 All grounding is to be installed per code
26 Contractor to include in the bid one of the three following generator vendors Cummins,
Generac, and Kohler The County will not accept other generator vendors
27 Weld County will accept pay application for stored matenal only if material has been
delivered Contractor may include a deposit, if necessary, in Schedule D — Bid Response
Form
28 All pay applications to be submitted using AIA format
Project Close Out Requirements:
1 Contractor will provide two (2) complete sets of O&M manuals
2 Contractor will provide two (2) complete sets of as-budts along with a digital file
3 Contractor will provide all manufacturer's warranty documentation for all equipment
4 Contractor will provide a detailed report for all craftsmanship and labor warranties
5 Contractor will provide a maintenance schedule for all systems and or equipment as required to
maintain all warranties
6 Contractor will provide formal training as outlined and required by all manufacturer's
Solicitation #B2500037 Page 7
recommendations, to Weld County's designated staff
7 Contractor will host a Project Closeout meeting with all contractors, design team, and Weld
County personnel associated with this project
Weld County Facilities Department Standard Terms and Conditions:
1 RFI's are only to be sent through the County project manager RFI responses will be sent from
the County project manager to the construction team Direct submissions to or responses from
any other source will not be permitted If additional resources are needed to clanfy or answer an
RFI the County project manager will coordinate as needed
2 All damages to building structure and finishes shall be repaired to original condition as a part of
this contract
3 Contractor is responsible for all pnvate and public locates
4 Project will be permitted through Weld County Fees for Weld County Building Permit will be
waived Any other fees associated with this project will be paid for by the contractor Contractor
is responsible for the coordination and scheduling of all inspections that are required The
contractor will be responsible for having a qualified representative on site for any inspection
5 All electrical work will be done by a qualified State licensed electrician
6 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
7 All lifting and hoisting equipment shall be provided by the contractor as needed
8 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory
requirements
9 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
10 Weld County is a tax-exempt entity
11 Davis -Bacon and Buy American requirements are NOT required
12 Performance Bond in the amount of 100% of the contract value, will be required at time of
contract execution for bids over $50,000
13 Payment Bond (Labor and Matenals) in the amount of 100% of the contract value, will be
required at time of contract execution for bids over $50,000
14 A 5% Retainage Fee will be held for all pay applications throughout construction
Solicitation #B2500037 Page 8
Schedule C - Procurement Schedule
Below is the anticipated schedule for procurement of this solicitation:
Advertisement Date
P re -Proposal Meeting (Mandatory)
Technical Questions Due
Technical Questions email
Questions Answered via Addendum
P roposals Are Due
S olicitation Notice of Award (Anticipated)
Contract Execution (Anticipated)
Completion
March 3, 2025
March 17, 2025, at 9:00am
23636 CR 54 Kersey, CO
March 24, 2025, by 5:00pm
bids@weld.gov
March 25, 2025
March 31, 2025, by 10:00am
Pu rchasi ng's Clock
April 16, 2025
April 30, 2025
September 30, 2025
Solicitation #B2500037 Page 9
Schedule D - Bid Response Form
Bid Submittal Instructions
The following items must be completed and submitted with your bid on or before the bid
opening deadline of 10:00 am on March 31, 2025:
1) Schedule D — Bid Response Form
2) Any potential or future Addenda must be completed/acknowledged.
3) All other items as requested in the Bid Specifications and/or Scope of Work.
Failure to include any of the above items upon submittal of your bid may result in your bid being
incomplete, non -responsive, and your bid being rejected. If there are any exclusions or
contingencies submitted with your bid it may be disqualified.
Fees
Provide fees for this project below:
Item
Price
Grover
Backup
Generator
& ATS
(Labor
&
Material)
$
Grover
Deposit
(If
Necessary)
$
Kersey
Backup
Generator
& ATS
(Labor
&
Material)
$
Kersey
Deposit
(If
Necessary)
$
Grover
Concrete
Pad
$
Kersey
Concrete
Pad
$
$
Total
Lump
Sum
Cost
Attestation
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all the conditions, specifications and special provisions
set forth in the Invitation for Bid for Request No. #B2500037.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other
state and local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the
accompanying bid sheets.
4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award
and prior to contracting.
5. Acknowledgement of Schedule E — Insurance
6. Acknowledgment of Schedule F — Weld County Contract
7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms
and conditions of the solicitation as established by Weld County.
8. Weld County reserves the right to reject any and all bids, to waive any informality in the
bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is
to the best interests of Weld County. The bid(s) may be awarded to more than one vendor.
Solicitation #B2500037 Page 10
Item
Entry
Company Name
Address
Phone
Email
FEIN/Federal Tax ID #
CONTRACTOR
By
Name
Title
Date of Signature
Solicitation #B2500037 Page 11
Schedule E — Insurance
Insurance
Required Types of Insurance.
Workers' Compensation and Employer's Liability Insurance as required by state statute,
covering all of the Contractor's employees acting within the course and scope of their
employment. The policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a Contractor or subcontractor is exempt under Colorado
Workers' Compensation Act., AND when such Contractor or subcontractor executes the
appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation)
Coverage B (Employers Liability) $
$
Statutory
100,000
100,000
500,000
Commercial General Liability Insurance including public liability and property damage,
covering all operations required by the Work. The policy shall be endorsed to include the
following additional insured language: "County, its elected officials, trustees, employees,
agents, and volunteers shall be named as additional insureds with respect to liability arising
out of the activities performed by, or on behalf of the Contractor."
Such policy shall include Minimum Limits as follows:
Each Occurrence
General Aggregate
Products/Completed Operations Aggregate
Personal/Advertising Injury
$
$
$
1,000,000
2,000,000
2,000,000
1,000,000
Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired,
and non -owned vehicles operating both on County property and elsewhere in the performance
of this Contract.
Contractor's Automobile Insurance Policy shall include Minimum Limits as follows:
Bodily Injury/Property Damage (Each Accident) $ 1,000,000
12. Proof of Insurance. All insurers must be licensed or approved to do business within the
State of Colorado, and unless otherwise specified, all policies must be written on a per
occurrence basis. The Contractor shall provide the County with a Certificate of Insurance
evidencing all required coverages, before commencing work or entering the County premises.
The Contractor shall furnish the County with certificates of insurance (ACCORD) form or
equivalent approved by the County as required by this Contract. The certificates for each
insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The Contractor shall name the County, its elected officials, trustees, employees,
Solicitation #B2500037 Page 12
agents, and volunteers as "Additional Insureds" for work that is being performed by the
Contractor.
On insurance policies where the County is named as an additional insured, the County shall be
an additional insured to the full limits of liability purchased by the Contractor even if those limits
of liability are in excess of those required by this Contract.
Upon request by the County, Contractor must provide a certified copy of the actual insurance
policy and/or required endorsements, for examination, effecting coverage(s) required by the
Contract. Such documents are deemed confidential and deemed not public records for
purposes of the Colorado Open Records Act. All certificates and endorsements are to be
received and approved by the County before work commences.
Each insurance policy required by this Agreement must be in effect at or prior to
commencement of work under this Agreement and remain in effect for the duration of the
project, and for a longer period of time if required by other provisions in this Agreement.
Failure to maintain the insurance policies as required by this Agreement or to provide evidence
of renewal is a material breach of contract.
All certificates and any required endorsement(s) shall be sent directly to the County
Department Representative's Name and Address. The project/contract number and project
description shall be noted on the certificate of insurance. The County reserves the right to
require complete, certified copies of all insurance policies for examination required by this
Agreement at any time.
Any modification or variation from the insurance requirements in this Agreement shall be made
by the County Attorney's Office, whose decision shall be final. Such action will not require a
formal contract amendment but may be made by administrative action.
13. Additional Insurance Related Requirements: The County requires that all policies of
insurance be written on a primary basis, non-contributory with any other insurance coverages
and/or self-insurance carried by the County.
The Contractor shall advise the County in the event any general aggregate or other aggregate
limits are reduced below the required per occurrence limit. At their own expense, the
Contractor will reinstate the aggregate limits to comply with the minimum requirements and
shall furnish the County with a new certificate of insurance showing such coverage is in force.
Commercial General Liability Completed Operations coverage must be kept in effect for up to
three (3) years after completion of the project. Contractors Professional Liability (Errors and
Omissions) policy must be kept in effect for up to three (3) years after completion of the
project.
Certificates of insurance shall state that on the policies that the County is required to be named
as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance
written notice to the County for cancellation, non -renewal, suspension, voided, or material
changes to policies required under this Agreement, except when cancellation is for non-
payment of premium, then ten (10) days prior notice may be given.
On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if
policies are reduced in coverage or limits, cancelled or non -renewed. However, in those
situations where the insurance carrier refuses to provide notice to County, the Contractor shall
Solicitation #B2500037 Page 13
notify County of any cancellation, or reduction in coverage or limits of any insurance within
seven (7) days or receipt of insurer's notification to that effect.
The Contractor agrees that the insurance requirements specified in this Agreement do not
reduce the liability Contractor has assumed in the indemnification/hold harmless section of this
Agreement.
Failure of the Contractor to fully comply with these requirements during the term of this
Agreement may be considered a material breach of contract and may be cause for immediate
termination of the Agreement at the option of the County. The County reserves the right to
negotiate additional specific insurance requirements at the time of the contract award.
14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing
services under this Agreement have or will have the above -described insurance prior to their
commencement of the Work, or otherwise that they are covered by the Contractor's policies to
the minimum limits as required herein. Contractor agrees to provide proof of insurance for all
such subcontractors upon request by the County.
15. No limitation of Liability. The insurance coverages specified in this Agreement are the
minimum requirements, and these requirements do not decrease or limit the liability of
Contractor. The County in no way warrants that the minimum limits contained herein are
sufficient to protect the Contractor from liabilities that might arise out of the performance of the
Work under by the Contractor, its agents, representatives, employees, or subcontractors. The
Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain
higher limits and/or broader coverages. The Contractor is not relieved of any liability or other
obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own
expense, any additional kinds or amounts of insurance that it may deem necessary to cover its
obligations and liabilities under this Agreement.
Insurance Mailing Information
Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic
correspondence or mail using the information below:
Email:
Project Manager: Alex Engelbert
Email: aengelbert@weld.gov
Telephone: 970-400-2043
Mail:
Weld County Facilities Department
ATTN: Alex Engelbert
PO Box 758
Greeley, CO 80632
Solicitation #B2500037 Page 14
Schedule F - Weld County Contract
Contractual Obligations
1. The successful Contractor will be required to sign a contract substantially similar to the
Weld County Standard Contract shown in Schedule F of this document. The County
reserves the right to add or delete provisions to the form prior to Agreement execution.
2. Issuance of this solicitation does not commit the County to award any agreement or to
procure.
3. If a formal contract is required, the Contractor agrees and understands that a Notice of
Award does not constitute a contract or create a property interest of any nature until a
contract is signed by the Awardee and the Board of County Commissioners and/or their
authorized designee.
4. Contractor is responsible for reviewing the Weld County Standard Contract and
understanding the terms and conditions contained therein, including, but not limited to,
insurance requirements, indemnification, illegal aliens, equal opportunity, non -
appropriation, and termination.
5. Contractor's Response to this solicitation is a willingness to enter into the Weld County
Standard Contract or Contractor shall identify and include any proposed revisions they
have for the Weld County Standard Contract. Any proposed revisions made by the
Contractor after the County Notice of Intent to Award the Solicitation may be grounds for
rescinding said Notice. The identification of willingness to enter into the standard
Agreement is for general purposes at this time, but is part of the evaluation process and
must be included. There may be negotiations on a project -by -project basis that provide
further clarification.
Weld County Standard Contract
Below is a sample of a standard Weld County Contract for General Services:
SERVICE AGREEMENT BETWEEN WELD COUNTY AND
[CONTRACTOR]
THIS AGREEMENT is made and entered into this day of , 202_, by and
between the Board of Weld County Commissioners, on behalf of [DEPARTMENT], hereinafter
referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor".
WHEREAS, County requires an independent contractor to perform the services required by
County and set forth in the attached Exhibits; and
WHEREAS, Contractor is willing and has the specific ability to perform the required
services at or below the cost set forth in the attached Exhibits; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the equipment, materials and services
as set forth below.
Solicitation #B2500037 Page 15
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1 Introduction. The terms of this Agreement are contained in the terms recited in this document
and in the attached Exhibits, each of which forms an integral part of this Agreement and are
incorporated herein. The parties each acknowledge and agree that this Agreement, including
the attached Exhibits, define the performance obligations of Contractor and Contractor's
willingness and ability to meet those requirements (the "Work"). If a conflict occurs between
this Agreement and any Exhibit or other attached document, the terms of this Agreement shall
control, and the remaining order of precedence shall be based upon order of attachment.
Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No.
B
Exhibit B consists of Contractor's Response to County's Request.
2. Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Work and agrees to diligently provide all services, labor, personnel, and
materials necessary to perform and complete the Work described in the attached Exhibits.
Contractor shall further be responsible for the timely completion and acknowledges that a
failure to comply with the standards and requirements of Work within the time limits prescribed
by County may result in County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the mutual execution of this
Agreement and ends one year later. Both of the parties to this Agreement understand and
agree that the laws of the State of Colorado prohibit County from entering into Agreements
which bind County for periods longer than one year. This Agreement may be extended upon
mutual written agreement of the Parties.
4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience
upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure
replacement services, Contractor may terminate this Agreement for its own convenience upon
ninety (90) days written notice to County. Either Party may immediately terminate this
Agreement upon material breach of the other party, however the breaching party shall have
fifteen (15) days after receiving such notice to cure such breach. Upon termination, County
shall take possession of all materials, equipment, tools and facilities owned by County which
Contractor is using, by whatever method it deems expedient; and Contractor shall deliver to
County all completed or partially completed Work under this Agreement, together with all other
items, materials and documents which have been paid for by County, and these items,
materials and documents shall be the property of County. Upon termination of this Agreement
by County, Contractor shall have no claim of any kind whatsoever against the County by
reason of such termination or by reason of any act incidental thereto, except for compensation
for work satisfactorily performed and/or materials described herein properly delivered.
5. Extension or Amendment. Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by Contractor shall be
the basis for additional compensation unless and until Contractor has obtained written
authorization and acknowledgement by County for such additional services.
6. Compensation. Upon Contractor's successful completion of the Work, and County's
acceptance of the same, County agrees to pay Contractor an amount not to exceed
$ as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will
Solicitation #B2500037 Page 16
, be made by County unless a Change Order authorizing such additional payment has been
specifically approved by Weld County If, at any time &king the term or after termination or
expiration of this Agreement, County reasonably determines that any payment made by
County to Contractor was improper because the service for which payment was made did not
perform as set forth in this Agreement, then upon written notice of such determination and
request for reimbursement from County, Contractor shall forthwith return such payment(s) to
County Upon termination or expiration of this Agreement, unexpended funds advanced by
County, if any, shall forthwith be returned to County County will not withhold any taxes from
monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for
the accurate reporting and payment of any taxes related to payments made pursuant to the
terms of this Agreement Unless expressly enumerated in the attached Exhibits, Contractor
shall not be entitled to be paid for any other expenses (e g mileage) Notwithstanding anything
to the contrary contained in this Agreement, County shall have no obligations under this
Agreement after, nor shall any payments be made to Contractor in respect of any period after
December 31 of any year, without an appropriation therefore by County in accordance with a
budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30
of the Colorado Revised Statutes, the Local Government Budget Law (C R S 29-1-101 et
seq ) and the TABOR Amendment (Colorado Constitution, Article X, Sec 20)
7 Independent Contractor. Contractor agrees that it is an independent contractor and that
Contractor's officers, agents or employees will not become employees or agents of County,
nor entitled to any employee benefits (including unemployment insurance or workers'
compensation benefits) from County as a result of the execution of this Agreement Contractor
shall be solely responsible for its acts and those of its agents and employees for all acts
performed pursuant to this Agreement Any provisions in this Contract that may appear to give
the County the right to direct Contractor as to details of doing work or to exercise a measure of
control over the work mean that Contractor shall follow the direction of the County as to end
results of the work only The Contractor is obligated to pay all federal and state income tax on
any moneys earned or paid pursuant to this contract
8 Subcontractors. Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor Contractor shall not enter
into any subcontractor agreements for the completion of the Work without County's pnor
written consent, which may be withheld in County's sole discretion County shall have the nght
in its reasonable discretion to approve all personnel assigned to the Work dunng the
performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Work Contractor shall require each
subcontractor, as approved by County and to the extent of the Work to be performed by the
subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume
toward Contractor all the obligations and responsibilities which Contractor, by this Agreement,
assumes toward County County shall have the nght (but not the obligation) to enforce the
provisions of this Agreement against any subcontractor hired by Contractor and Contractor
shall cooperate in such process The Contractor shall be responsible for the acts and
omissions of its agents, employees, and subcontractors
9 Warranty. Contractor warrants that the Work performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the
provisions of this Agreement Contractor further represents and warrants that all Work shall be
performed by qualified personnel in a professional manner, consistent with industry standards,
and that all services will conform to applicable specifications
Solicitation #62500037 Page 17
10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall
submit to County onginals of all test results, reports, etc , generated dunng completion of this
work Acceptance by County of reports and incidental matenal(s) furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the project In no event shall any action by County hereunder constitute or be construed to
be a waiver by County of any breach of this Agreement or default which may then exist on the
part of Contractor, and County's action or inaction when any such breach or default exists shall
not impair or prejudice any nght or remedy available to County with respect to such breach or
default No assent expressed or implied, to any breach of any one or more covenants,
provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other
breach Acceptance by the County of, or payment for, the Work completed under this
Agreement shall not be construed as a waiver of any of the County's nghts under this
Agreement or under the law generally
11 Insurance. Contractor must secure, before the commencement of the Work, the following
insurance covering all operations, goods, and services provided pursuant to this Agreement,
and shall keep the required insurance coverage in force at all times during the term of the
Agreement, or any extension thereof, and during any warranty period For all coverages,
Contractor's insurer shall waive subrogation rights against County Contractor shall provide
coverage with limits of liability no less than those stated below An excess liability policy or
umbrella liability policy may be used to meet the minimum liability requirements provided that
the coverage is written on a "following form" basis
Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authonzed to
do business in the state of Colorado and with an "A M Best" rating of not less than A -VII The
County in no way warrants that the above -required minimum insurer rating is sufficient to
protect the Contractor from potential insurer insolvency
Required Types of Insurance.
Workers' Compensation and Employer's Liability Insurance as required by state statute,
covenng all of the Contractor's employees acting within the course and scope of their
employment The policy shall contain a waiver of subrogation against the County This
requirement shall not apply when a Contractor or subcontractor is exempt under Colorado
Workers' Compensation Act , AND when such Contractor or subcontractor executes the
appropnate sole proprietor waiver form
Minimum Limits
Coverage A (Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 100,000
$ 100,000
$ 500,000
Commercial General Liability Insurance including public liability and property damage,
covenng all operations required by the Work The policy shall be endorsed to include the
following additional insured language "County, its elected officials, trustees, employees,
agents, and volunteers shall be named as additional insureds with respect to liability ansing
out of the activities performed by, or on behalf of the Contractor "
Such policy shall include Minimum Limits as follows
Solicitation #B2500037 Page 18
Each Occurrence $ 1,000,000
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Personal/Advertising Injury $ 1,000,000
Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired,
and non -owned vehicles operating both on County property and elsewhere in the performance
of this Contract
Contractor's Automobile Insurance Policy shall include Minimum Limits as follows
Bodily Injury/Property Damage (Each Accident) $ 1,000,000
16 Proof of Insurance. All insurers must be licensed or approved to do business within the
State of Colorado, and unless otherwise specified, all policies must be written on a per
occurrence basis The Contractor shall provide the County with a Certificate -of Insurance
evidencing al! required coverages, before commencing work or entering the County premises
The Contractor shall furnish the County with certificates of insurance (ACCORD) form or
equivalent approved by the County as required by this Contract The certificates for each
insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf The Contractor shall name the County, its elected officials, trustees, employees,
agents, and volunteers as "Additional Insureds" for work that is being performed by the
Contractor
On insurance policies where the County is named as an additional insured, the County shall be
an additional insured to the full limits of liability purchased by the Contractor even if those limits
of liability are in excess of those required by this Contract
Upon request by the County, Contractor must provide a certified copy of the actual insurance
policy and/or required endorsements,,for examination, effecting coverage(s) required by the
Contract Such documents are deemed confidential and deemed not public records for
purposes of the Colorado Open Records Act All certificates and endorsements are to be
received and approved by the County before work commences
Each insurance policy required by this Agreement must be in effect at or pnor to _
commencement of work under this Agreement and remain in effect for the duration of the
project, and for a longer penod of time if required by other provisions in this Agreement
Failure to maintain the insurance policies as required by,this Agreement or to provide evidence
of_renewal is a matenal breach of contract
All certificates and any required endorsement(s) shall be sent directly to the County -
Department Representative's Name and Address The_project/contract number and project
description shall be noted on the, certificate of insurance The County reserves the nght to
require complete, certified copies of all insurance policies for examination required by this
Agreement at ,any time
Any modification or variation from the insurance requirements in this Agreement shall be made
by the County Attorney's Office, whose decision shall be final Such action will not require a
formal contract amendment but may be made by administrative action
Solicitation #B2500037 Page 19
17 Additional Insurance Related Requirements The County requires that all policies of
insurance be wntten on a pnmary basis, non-contnbutory with any other insurance coverages
and/or self-insurance carried by the County
The Contractor shall advise the County in the event any general aggregate or other aggregate
limits are reduced below the required per occurrence limit At their own expense, the
Contractor will reinstate the aggregate limits to comply with the minimum requirements and
shall furnish the County with a new certificate of insurance showing such coverage is in force
Commercial General Liability Completed Operations coverage must be kept in effect for up to
three (3) years after completion of the project Contractors Professional Liability (Errors and
Omissions) policy must be kept in effect for up to three (3) years after completion of the
project
Certificates of insurance shall state that on the policies that the County is required to be named
as an Additional Insured, the insurance carner shall provide a minimum of 30 days advance
written notice to the County for cancellation, non -renewal, suspension, voided, or matenal
changes to policies required under this Agreement, except when cancellation is for non-
payment of premium, then ten (10) days pnor notice may be given
On all other policies, it's the Contractor's responsibility to give the County 30 days' notice if
policies are reduced in coverage or limits, cancelled or non -renewed However, in those
situations where the insurance carner refuses to provide notice to County, the Contractor shall
notify County of any cancellation, or reduction in coverage or limits of any insurance within
seven (7) days or receipt of insurer's notification to that effect
The Contractor agrees that the insurance requirements specified in this Agreement do not
reduce the liability Contractor has assumed in the, indemnification/hold harmless section of this
Agreement
Failure of the Contractor to fully comply with these requirements dunng the term of this
Agreement may be considered a matenal breach of contract and may be cause for immediate
termination of the Agreement at the option of the County The County reserves the nght to
negotiate additional specific insurance requirements at the time of the contract award
18 Subcontractor Insurance Contractor hereby warrants that all subcontractors providing
services under this Agreement have or will have the above -described insurance pnor to their
commencement of the Work, or otherwise that they are covered by the Contractor's policies to
the minimum limits as required herein Contractor agrees to provide proof of insurance for all
such subcontractors upon request by the County
19 No limitation of Liability The insurance coverages specified in this Agreement are the
minimum requirements, and these requirements do not decrease or limit the liability of
Contractor The County in no way warrants that the minimum limits contained herein are
sufficient to protect the Contractor from liabilities that might anse out of the performance of the
Work under by the Contractor, its agents, representatives, employees, or subcontractors The
Contractor shall assess its own nsks and if it deems appropnate and/or prudent, maintain
higher limits and/or broader coverages The Contractor is not relieved of any liability or other
'obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types The Contractor shall maintain, at its own
expense, any additional kinds or amounts of insurance that it may deem necessary to cover its
obligations and liabilities under this Agreement'
Solicitation #62500037 Page 20
20. Mutual Cooperation. The County and Contractor shall cooperate with each other in the
collection of any insurance proceeds which may be payable in the event of any loss, including
the execution and delivery of any proof of loss or other actions required to effect recovery.
21. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the
County's right to participate, defend the County, its officers, officials, agents, and employees,
from and against all liabilities, claims, actions, damages, losses, and expenses including
without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as
"claims") for bodily injury or personal injury including death, or loss or damage to tangible or
intangible property caused, or alleged to be caused, in whole or in part, by the negligent or
willful acts or omissions of Contractor or any of its owners, officers, directors, agents,
employees or subcontractors. This indemnity includes any claim or amount arising out of or
recovered under the Workers' Compensation law or arising out of the failure of such contractor
to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court
decree. It is the specific intention of the parties that County shall, in all instances, except for
claims arising solely from the negligent or willful acts or omissions of the County, be
indemnified by Contractor from and against any and all claims. It is agreed that Contractor will
be responsible for primary loss investigation, defense, and judgment costs where this
indemnification is applicable. In consideration for the award of this contract, the Contractor
agrees to waive all rights of subrogation against the County, its officers, officials, agents, and
employees for losses arising from the work performed by the Contractor for the County.
22. 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.
23. Examination of Records. To the extent required by law, the Contractor agrees that a duly
authorized representative of County, including the County Auditor, shall have access to and
the right to examine and audit any books, documents, papers, and records of Contractor,
involving all matters and/or transactions related to this Agreement. Contractor agrees to
maintain these documents for three years from the date of the last payment received.
24. 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.
25. Notices. All notices or other communications made by one party to the other concerning the
terms and conditions of this contract shall be deemed delivered under the following
circumstances:
a) personal service by a reputable courier service requiring signature for receipt; or
b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract; or
c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required and received by the sending party; or
Either party may change its notice address(es) by written notice to the other. Notice may be sent
Solicitation #B2500037 Page 21
to:
TO CONTRACTOR:
N ame:
P osition:
Address:
E-mail:
Phone:
TO COUNTY:
N ame:
P osition:
Address:
E-mail:
Phone:
26. 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.
27. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or
u se other Contractors or persons to perform services of the same or similar nature.
28. 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.
29. 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.
30. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-
507. The signatories to this Agreement state that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property which is
the subject matter of this Agreement.
31. Survival of Termination. The obligations of the parties under this Agreement that by their
n ature would continue beyond expiration or termination of this Agreement (including, without
limitation, the warranties, indemnification obligations, confidentiality and record keeping
requirements) shall survive any such expiration or termination.
32. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
u nenforceable by a court of competent jurisdiction, this Agreement shall be construed and
e nforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
Solicitation #B2500037 Page 22
33 Non -Waiver. No term or condition of this Agreement shall be construed or interpreted as a
waiver, express or implied, of the monetary limitations or any of the other immunities, nghts,
benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24-
10-101 et seq , as applicable now or hereafter amended
34 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of
the terms and conditions of this Agreement, and all nghts of action relating to such
enforcement,;shall be stnctly reserved to the undersigned parties and nothing in this
Agreement shall give or allow any claim or nght of action whatsoever by any other person not
included in this Agreement It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only
35 Board of County Commissioners of Weld County Approval. This Agreement shall not be
valid untilithas been approved by the Board of County Commissioners of Weld County,
Colorado, or its designee
36 Choice of Lave/Jurisdiction. Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement
Any provision included or incorporated herein by reference which conflicts with said laws, rules
and/or regulations shall be null and void In the event of a legal dispute between the parties,
Contractor agrees that the Weld County Distnct Court shall have exclusive junsdiction to
resolve said dispute
33 No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it
does not knowingly employ or contract with an unauthonzed alien who will perform work under
this Agreement (see 8 U S C A §1324a and (h)(3)) nor enter into a contract with a -
subcontractor, that employs or contracts with an unauthonzed alien to perform work under this
Agreement Upon request, contractor shall deliver to the County a wntten notanzed affirmation
that it has examined the legal work status of an employee and shall comply with all other
requirements of federal or state law
Contractor agrees to comply with any reasonable request from the Colorado Department of
Labor and Employment in the course of any investigation
If Contractor fails to comply with any requirement of this provision, County may terminate this
Agreement for breach, and if so terminated, Contractor shall be liable for actual and
consequential' damages
34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor
concerning this Agreement, the parties agree that each party shall be responsible for the
payment of attorney fees and/or legal costs incurred by or on its own behalf
35 Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any
extra judicial body or person Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms Both parties further agree that this
Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement
between the parties and supersedes all proposals or pnor agreements, oral or wntten, and any
other communications between the parties relating to the subject matter of this Agreement
Solicitation #B2500037 Page 23
CONTRACTOR:
By:
Name:
Title:
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
Date of Signature:
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board Insert Name, Chair
Solicitation #B2500037 Page 24
Exhibit B
Weld County Finance Department
Purchasing Division
1301 North 17th Avenue
Greeley, Colorado 80631
General Services - Invitation for Bid (IFB) Cover Sheet
Bid Number: B2500037
Title: Replacement Generators & ATS for Grover & Kersey Grader Sheds
Advertisement Date: March 3, 2025
Pre- Bid Meeting: March 17, 2025, at 9:00am
Pre- Bid Location: 23636 CR 54 Kersey, CO 80644
Questions Due: March 24, 2025, by 5:00pm
Questions Posted: March 25, 2025, by 12:00pm
Questions email: bids@weld.gov
Bid Due Date: March 31, 2025, by 10:00am, Purchasing's Clock
Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301
North 17th Avenue, Greeley, CO 80631
For additional information: bids@weld.gov
Documents Included in this Bid Package
IFB Schedules IFB Attachments
Schedule A: Bid Instructions
Schedule B: Scope of Work
Schedule C: Project Schedule
Schedule D: Bid Form
Schedule E: Insurance
Schedule F: Weld County Contract
Form Revision 12-2024
Table of Contents
General Services - Invitation for Bid (IFB) Cover Sheet 1
Documents Included in this Bid Package 1
IFB Schedules 1
IFB Attachments 1
Table of Contents 2
Schedule A - Bid Instructions 3
Purpose/Background 3
Bid Advertisement 3
Bid Submission 3
Introductory Information 3
Cooperative Purchasing 4
Schedule B - Scope of Work 6
Project Overview 6
Method of Procurement 6
Pricing Method 6
Specific Requirements and Responsibilities 6
Schedule C - Procurement Schedule g
Schedule D - Bid Response Form 10
Bid Submittal Instructions 10
Fees 10
Attestation 10
Schedule E — Insurance12
Insurance 12
Insurance Mailing Information 14
Schedule F - Weld County Contract 15
Contractual Obligations 15
Weld County Standard Contract 15
Solicitation #B2500037 Page 2
Schedule A - Bid Instructions
Purpose/Background
The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing
Office (collectively referred to herein as, "Weld County"), wishes to purchase the following:
Replacement Generators & ATS for Grover & Kersey Grader Sheds
A Mandatory pre -bid conference will be held on March 17, 2025, at 9:00am at the Kersey
Grader Shed located at 23636 CR 54 Kersey, CO. Bidders must participate and record their
presence at the pre -bid conference to be eligible to submit bids.
Bids will be received until: March 31, 2025 at 10:00 am (Weld County Purchasing Time Clock).
The submitted bids will be read over a Microsoft Teams Conference Call on March 31, 2025
at 10:30 am. To join, call the phone number and enter the Conference ID provided below or
you are invited to attend the bid opening in person at the Weld County Purchasing
Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631.
By
Phone
Microsoft
Teams
Join
the
meeting
now
+1
720-439-5261„779580502#
Meeting
Passcode:
ID:
218
JT2ch6ff
582
874
014
Phone
United
conference
States,
ID:
Denver
779
580
502#
Bid Advertisement
You can find information concerning this request on the BidNet Direct website at
https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet
Direct is an on-line notification system which is being utilized by multiple non-profit and
governmental entities. Participating entities post their bids, quotes, proposals, addendums, and
awards on this one centralized system.
Bid Submission
1. PREFERRED: email bids to bidsweld.gov If your bid exceeds 25MB please upload your
bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500
MB. If vendor does not desire email submission, sealed bids will be received at the Office of
the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue,
Greeley, Co 80631 by the bid due date and time.
2. PDF format is required. Emaiied bids must include the following statement on the email: "I
hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has
been received. Please call Purchasing at 970-400-4222 or 4223 with any questions.
Introductory Information
1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing
Division. Each bid must give the full business address of bidder and be signed by authorized
person. Bids by partnerships must furnish the full names of all partners and must be signed
with the partnership name by one of the members of the partnership or by an authorized
Solicitation #B2500037 Page 3
representative, followed by the signature and title of the person signing. Bids by corporations
must be signed with the legal name of the corporation, followed by the name of the state of
the incorporation and by the signature and title of the president, secretary, or other person
authorized to bind it in the matter. The name of each person signing shall also be typed or
printed below the signature. A bid by a person who affixes to his signature the word
"president," "secretary," "agent," or other title without disclosing his principal, may be held to
be the bid of the individual signing. When requested by the Weld County Procurement
Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation
shall be furnished. A power of attorney must accompany the signature of anyone not
otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the
person signing the bid. All bidders shall agree to comply with all of the conditions,
requirements, specifications, and/or instructions of this bid as stated or implied herein. All
designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms
shall be suitably filled in. Bidders are required to use the Proposal Forms which are included
in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled
out completely, in detail, and signed by the Bidder.
2 Late or unsigned bids shall not be accepted or considered. It is the responsibility of the
bidder to ensure that the bid arrives in the Weld County Purchasing Division on or prior to
the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior
to the time of opening will be kept unopened in a secure place. No responsibility will attach
to the Weld County Procurement Manager for the premature opening of a bid not properly
addressed and identified. Bids may be withdrawn upon written request to and approval of
the Weld County Procurement Manager; said request being received from the withdrawing
bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the
bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are
expected to examine the conditions, specifications, and all instructions contained herein,
failure to do so will be at the bidders' risk.
3 In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will
give preference to resident Weld County bidders in all cases where said bids are competitive
in price and quality. It is also understood that Weld County will give preference to suppliers
from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids
for the purchase of any books, stationery, records, printing, lithographing or other supplies
for any officer of Weld County). Weld County reserves the right to reject any and all bids, to
waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid
that, in the opinion of the Board of County Commissioners, is to the best interests of Weld
County. The bid(s) may be awarded to more than one vendor.
4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents
of the Invitation for Bid contained herein (including, but not limited to the product
specifications and scope of services), the formal acceptance of the bid by Weld County, and
signature of the Chair of the Board of County Commissioners, together constitutes a contract,
with the contract date being the date of signature by the Chair of the Board of County
Commissioners.
Cooperative Purchasing
Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce
their cost of bidding and to make better use of taxpayer dollars through volume purchasing.
Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award
to other state or local government agencies. school districts, or political subdivisions in the event
they would have a need for the same product/service. Usage by any entity shall not have a
Solicitation #B2500037 Page 4
negative impact on Weld County in the current term or in any future terms
Solicitation #62500037 Page 5
Schedule B - Scope of Work
Project Overview
Weld County is seeking bids for a turn -key lump sum project for a vendor to provide
replacement generators and automatic transfer switches for the Grover and Kersey grader
sheds.
Method of Procurement
Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation.
When issued, the bid package is considered complete for bidding purposes. Responsiveness to
the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be
eliminated from consideration. Low price is the key consideration by Weld County in awarding
an IFB contract.
Pricing Method
Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications,
the contractor estimates their cost to provide the work, adds a profit margin, then proposes the
sum as a price of the project. Lump Sum requires the proposals to include a fixed, not -to -exceed
lump sum, which shall include all costs that may be paid to the contractor. The solicitation may
include an itemized list of costs, in which case the proposals shall include itemized costs.
Specific Requirements and Responsibilities
Current generators at each location:
Kersey Grader Shed
1. Generac
a. Model 58870
b. Serial 5948511
c. KW Rating 20 KW
d. ATS
Grover Grader Shed
2. Generac
a. Model: 58751
b. Serial: 7349924
c. KW Rating: 12 KW
d. ATS
1. All equipment and materials shall be submitted and approved prior to construction. The
County Project Manager is to review and approval all colors prior to installation.
2. Work during business hours will be acceptable. This facility is operational 24/7. The
contractor will be required to provide uninterrupted power for any major power transfers. The
contractor is to minimize any disruptive work, and the County reserves the right to shut
down any work that is deemed disruptive to the facility operations or clients.
3. Any work being performed in this facility needs to be coordinated one week prior to
commencement.
4. All supports, raceways, and electrical devices to be submitted and approved prior to
construction.
5. Contractor is to be certified for installation of specified generator.
Solicitation #82500037 Page 6
6 Contractor is responsible for filling all appropnate fluids to fully operate and test backup
generator
7 Contractor is responsible for lubricating all necessary components for backup generator
8 Contractor to adjust and test automatic transfer switch in normal and emergency mode
Starting and testing the system in automatic mode simulating power failures from the utility
Electncal wires, pipes and devices shall comply with UL standard and meet National Electric
Codes
9 All materials and equipment incorporated into the project shall be new unless noted
otherwise The Contractor shall transport and safeguard all materials and equipment
required for construction
10 Contractor to coordinate all irngation lines with Weld County
11 Generator shall be installed according to manufacturer's specifications
12 Contractor is responsible for isolation pads for the generator if required by the manufacture
13 Contractor will be responsible for reviewing existing electrical equipment and conditions to
determine the requirements for replacement generator backup systems
14 Replacement generators and respective equipment shall be sized to 30KW
15 Replacement of existing generator and ATS to be compatible with existing backup circuitry
being utilized in the building
16 The contractor to provide new diesel generators New backup generators need to equivalent
or better than existing backup generators
17 Contractor will be responsible for capping existing propane line as near to the tank as
possible
18 Proof of full load testing Engine generator set shall be operated at 75% of rated load for at
least two hours and then 100% rated load for at least four hours In addition, a full load
acceptance test of 100% of rated load shall be applied to the generator with voltage and
frequency stabilization occurring per Specifications
19 Contractor will be responsible for all weather protection
20 Contractor to coordinate all parking and staging of equipment prior to starting onsite
21 Remote panel locations and specific notifications will be determined onsite
22 Contractor to remove and replace existing generator concrete pads with new per
manufactures recommendations
23 Contractor to provide a factory owner training on the installed equipment once the project is
complete
24 Bidders must provide manufacturers specifications with their bid responses that show the
proposed equipment meets the minimum capacities as shown above
25 All grounding IS to be installed per code
26 Contractor to include in the bid one of the three following generator vendors Cummins,
Generac, and Kohler The County will not accept other generator vendors
27 Weld County will accept pay application for stored matenal only if material has been
delivered Contractor may include a deposit, if necessary, in Schedule D — Bid Response
Form
28 All pay applications to be submitted using AIA format
Protect Close Out Requirements
1 Contractor will ,provide two (2) complete sets of O&M manuals
2 Contractor will provide two (2) complete sets of as-builts along with a digital file
3 Contractor will provide all manufacturer's warranty documentation for all equipment
4 Contractor will provide a detailed report for all craftsmanship and labor warranties
5 Contractor will 'provide a maintenance schedule for all systems and or equipment as required to
maintain all warranties
6 Contractor will provide formal training as outlined and required by all manufacturer's
Solicitation #B2500037 Page 7
recommendations, to Weld County's designated staff
7 Contractor will host a Project Closeout meeting with all contractors, design team, and Weld
County personnel associated with this project
!!Veld County Facilities Department Standard Terms and Conditions
1 RFI's are only to be sent through the County project manager RFI responses will be sent from
the County project manager to the construction team Direct submissions to or responses from
any other source will not be permitted If additional resources are needed to clarify or answer an
RFI the County project manager will coordinate as needed
2 All damages to building structure and finishes shall be repaired to original condition as a part of
this contract
3 Contractor is responsible for all private and public locates
4 Project will be permitted through Weld County Fees for Weld County Building Permit will be
waived Any other fees associated with this project will be paid for by the contractor Contractor
is responsible for the coordination and scheduling of all inspections that are required The
contractor will be responsible for having a qualified representative on site for any inspection
5 All electrical work will be done by a qualified State licensed electrician
6 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
7 All lifting and hoisting equipment shall be provided by the contractor as needed
8 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory
requirements
9 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
10 Weld County is a tax-exempt entity
11 Davis -Bacon and Buy American requirements are NOT required
12 Performance Bond in the amount of 100% of the contract value, will be required at time of
contract execution for bids over $50,000
13 Payment Bond (Labor and Matenals) in the amount of 100% of the contract value, will be
required at time of contract execution for bids over $50,000
14 A 5°/a Retamage Fee will be held for all pay applications throughout construction
Solicitation #62500037 Page 8
Schedule C - Procurement Schedule
Below is the anticipated schedule for procurement of this solicitation:
Advertisement Date
Pre -Proposal Meeting (Mandatory)
Technical Questions Due
Technical Questions email
Questions Answered via Addendum
Proposals Are Due
Solicitation Notice of Award (Anticipated)
Contract Execution (Anticipated)
Completion
March 3, 2025
March 17, 2025, at 9:00am
23636 CR 54 Kersey, CO
March 24, 2025, by 5:00pm
bids@weld.gov
March 25, 2025
March 31, 2025. by 10:00am
Purchasing's Clock
April 16; 2025
April 30, 2025
September 30, 2025
Solicitation #B2500037 Page 9
Schedule D - Bid Response Form
Bid Submittal Instructions
The following items must be completed and submitted with your bid on or before the bid
opening deadline of 10:00 am on March 31, 2025:
1) Schedule D - Bid Response Form
2) Any potential or future Addenda must be completed/acknowledged.
3) All other items as requested in the Bid Specifications and/or Scope of Work.
Failure to include any of the above items upon submittal of your bid may result in your bid being
incomplete, non -responsive, and your bid being rejected. If there are any exclusions or
contingencies submitted with your bid it may be disqualified.
Fees
Provide fees for this project below:
Item
Price
Grover
Backup
Generator
& ATS
(Labor
&
Material)
$61,320.23
Grover
Deposit
(If
Necessary)
$
Kersey
Backup
Generator
& ATS
(Labor
&
Material)
$64,079.45
Kersey
Deposit
(If
Necessary)
$
Grover
Concrete
Pad
$4.549.02
Kersey
Concrete
Pad
$3,849.02
Total
Lump
Sum
Cost
$133,797.70
Attestation
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all the conditions, specifications and special provisions
set forth in the Invitation for Bid for Request No. #B2500037.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other
state and local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the
accompanying bid sheets.
4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award
and prior to contracting.
5. Acknowledgement of Schedule E - Insurance
6. Acknowledgment of Schedule F — Weld County Contract
7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms
and conditions of the solicitation as established by Weld County.
8. Weld County reserves the right to reject any and all bids, to waive any informality in the
bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is
to the best interests of Weld County. The bid(s) may be awarded to more than one vendor.
Solicitation #B2500037
Page 10
Item
Entry
Company
Name:
South
Paw
Electric
Corporation
Address:
4433
NE
Countyline
Rd
Erie,
CO 80516
Phone
303-4193710
Email:
rob@southpawelectric.com
84-1337877
FEIN/Federal
Tax ID
#:
CONTRACTOR:
-.� " /
By: i
Name: Robert Rankin
Title: Estimator /Project Manager
March 28, 2025
Date of Signature
Solicitation #B2500037 Page 11
Schedule E - Insurance
Insurance
Required Types of Insurance.
Workers' Compensation and Employer's Liability Insurance as required by state statute.
covering all of the Contractor's employees acting within the course and scope of their
employment. The policy shall contain a waiver of subrogation against the County. This
requirement shall not apply when a Contractor or subcontractor is exempt under Colorado
Workers' Compensation Act., AND when such Contractor or subcontractor executes the
appropriate sole proprietor waiver form.
Minimum Limits:
Coverage A (Workers' Compensation)
Coverage B (Employers Liability) $
Statutory
100,000
100,000
500,000
Commercial General Liability Insurance including public liability and property damage,
covering all operations required by the Work. The policy shall be endorsed to include the
following additional insured language: "County, its elected officials, trustees, employees,
agents, and volunteers shall be named as additional insureds with respect to liability arising
out of the activities performed by, or on behalf of the Contractor."
Such policy shall include Minimum Limits as follows:
Each Occurrence
General Aggregate
Products/Completed Operations Aggregate
Personal/Advertising Injury
1,000,000
2,000,000
2,000,000
1,000,000
Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired,
and non -owned vehicles operating both on County property and elsewhere in the performance
of this Contract.
Contractor's Automobile Insurance Policy shall include Minimum Limits as follows:
Bodily Injury/Property Damage (Each Accident) $ 1,000,000
12. Proof of Insurance. All insurers must be licensed or approved to do business within the
State of Colorado, and unless otherwise specified, all policies must be written on a per
occurrence basis. The Contractor shall provide the County with a Certificate of Insurance
evidencing all required coverages. before commencing work or entering the County premises.
The Contractor shall furnish the County with certificates of insurance (ACCORD) form or
equivalent approved by the County as required by this Contract. The certificates for each
insurance policy are to be signed by a person authorized by that insurer to bind coverage on
its behalf. The Contractor shall name the County, its elected officials, trustees, employees,
Solicitation ##82500037 Page 12
agents, and volunteers as "Additional Insureds" for work that is being performed by the
Contractor
On insurance' policies where the County is named as an additional insured, the County shall be
an additional insured to the full limits of liability purchased by the Contractor even if those limits
of liability are in excess of those required by this Contract
Upon request by the County, Contractor must provide a certified copy of the actual insurance
policy and/or required endorsements, for examination, effecting coverage(s) required by the
Contract Such documents are deemed confidential and deemed not public records for
purposes of the Colorado Open Records Act All certificates and endorsements are to be
received and approved by the County before work commences
Each insurance policy required by this Agreement must be in effect at or prior to
commencement of work under this Agreement and remain in effect for the duration of the
project, and for a longer period of time if required by other provisions in this Agreement
Failure to maintain the insurance policies as required by this Agreement or to provide evidence
of renewal is a material breach of contract
All certificates and any required endorsements) shall be sent directly to the County
Department Representative's Name and Address The project/contract number and project
description shall be noted on the certificate of insurance The County reserves the nght to
require complete, certified copies of all insurance policies for examination required by this
Agreement at any time
Any modification or variation from the insurance requirements in this Agreement shall be made
by the County Attorney's Office, whose decision shall be final Such action will not require a
formal contract amendment but may be made by administrative action
13 Additional Insurance Related Requirements The County requires that all policies of
insurance be written on a pnmary basis, non-contnbutory with any other insurance coverages
and/or self-insurance carried by the County
The Contractor shall advise the County in the event any general aggregate or other aggregate
limits are reduced below the required per occurrence limit At their own expense, the
Contractor will reinstate the aggregate limits to comply with the minimum requirements and
shall furnish the County with a new certificate of insurance showing such coverage is in force
Commercial General Liability Completed Operations coverage must be kept in effect for up to
three (3) years after completion of the project Contractors Professional Liability (Errors and
Omissions) policy must be kept in effect for up to three (3) years after completion of the
project
Certificates of insurance shall state that on the policies that the County is required to be named
as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance
written notice to the County for cancellation, non -renewal, suspension, voided, or material
changes to policies required under this Agreement, except when cancellation is for non-
payment of premium, then ten (10) days pnor notice may be given
On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if
policies are reduced in coverage or limits, cancelled or non -renewed However, in those
situations where the insurance carrier refuses to provide notice to County, the Contractor shall
Solicitation #B2500037 Page 13
notify County of any cancellation, or reduction in coverage or limits of any insurance within
seven (7) days or receipt of insurer's notification to that effect.
The Contractor agrees that the insurance requirements specified in this Agreement do not
reduce the liability Contractor has assumed in the indemnification/hold harmless section of this
Agreement.
Failure of the Contractor to fully comply with these requirements during the term of this
Agreement may be considered a material breach of contract and may be cause for immediate
termination of the Agreement at the option of the County. The County reserves the right to
negotiate additional specific insurance requirements at the time of the contract award.
14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing
services under this Agreement have or will have the above -described insurance prior to their
commencement of the Work, or otherwise that they are covered by the Contractor's policies to
the minimum limits as required herein. Contractor agrees to provide proof of insurance for all
such subcontractors upon request by the County.
15. No limitation of Liability. The insurance coverages specified in this Agreement are the
minimum requirements, and these requirements do not decrease or limit the liability of
Contractor. The County in no way warrants that the minimum limits contained herein are
sufficient to protect the Contractor from liabilities that might arise out of the performance of the
Work under by the Contractor, its agents, representatives, employees, or subcontractors. The
Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain
higher limits and./or broader coverages. The Contractor is not relieved of any liability or other
obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own
expense, any additional kinds or amounts of insurance that it may deem necessary to cover its
obligations and liabilities under this Agreement.
Insurance Mailing Information
Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic
correspondence or mail using the information below:
Email:
Project Manager: Alex Engelbert
Email: aengelbert@weld.gov
Telephone: 970-400-2043
Mail:
Weld County Facilities Department
ATTN: Alex Engelbert
PO Box 758
Greeley, CO 80632
Solicitation #B2500037 Page 14
Schedule F - Weld County Contract
Contractual Obligations
1. The successful Contractor will be required to sign a contract substantially similar to the
Weld County Standard Contract shown in Schedule F of this document. The County
reserves the right to add or delete provisions to the form prior to Agreement execution.
2. Issuance of this solicitation does not commit the County to award any agreement or to
procure.
3. If a formal contract is required, the Contractor agrees and understands that a Notice of
Award does not constitute a contract or create a property interest of any nature until a
contract is signed by the Awardee and the Board of County Commissioners and/or their
authorized designee.
4. Contractor is responsible for reviewing the Weld County Standard Contract and
understanding the terms and conditions contained therein, including, but not limited to,
insurance requirements, indemnification, illegal aliens, equal opportunity, non -
appropriation, and termination.
5. Contractor's Response to this solicitation is a willingness to enter into the Weld County
Standard Contract or Contractor shall identify and include any proposed revisions they
have for the Weld County Standard Contract. Any proposed revisions made by the
Contractor after the County Notice of Intent to Award the Solicitation may be grounds for
rescinding said Notice. The identification of willingness to enter into the standard
Agreement is for general purposes at this time, but is part of the evaluation process and
must be included. There may be negotiations on a project -by -project basis that provide
further clarification.
Weld County Standard Contract
Below is a sample of a standard Weld County Contract for General Services:
SERVICE AGREEMENT BETWEEN WELD COUNTY AND
[CONTRACTOR]
THIS AGREEMENT is made and entered into this day of , 202_, by and
between the Board of Weld County Commissioners, on behalf of (DEPARTMENT], hereinafter
referred to as "County," and [CONTRACTOR], hereinafter referred to as "Contractor".
WHEREAS, County requires an independent contractor to perform the services required by
County and set forth in the attached Exhibits; and
WHEREAS, Contractor is willing and has the specific ability to perform the required
services at or below the cost set forth in the attached Exhibits; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the equipment, materials and services
as set forth below.
Solicitation #B2500037 Page 15
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1 Introduction. The terms of this Agreement are contained in the terms recited in this document
and in the attached Exhibits, each of which forms an integral part of this Agreement and are
incorporated herein. The parties each acknowledge and agree that this Agreement, including
the attached Exhibits, define the performance obligations of Contractor and Contractor's
willingness and ability to meet those requirements (the "Work"). If a conflict occurs between
this Agreement and any Exhibit or other attached document, the terms of this Agreement shall
control, and the remaining order of precedence shall be based upon order of attachment.
Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No.
B
Exhibit B consists of Contractor's Response to County's Request.
2 Service or Work. Contractor agrees to procure the materials, equipment and/or products
necessary for the Work and agrees to diligently provide all services, labor, personnel, and
materials necessary to perform and complete the Work described in the attached Exhibits.
Contractor shall further be responsible for the timely completion and acknowledges that a
failure to comply with the standards and requirements of Work within the time limits prescribed
by County may result in County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the mutual execution of this
Agreement and ends one year later. Both of the parties to this Agreement understand and
agree that the laws of the State of Colorado prohibit County from entering into Agreements
which bind County for periods longer than one year. This Agreement may be extended upon
mutual written agreement of the Parties.
4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience
upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure
replacement services, Contractor may terminate this Agreement for its own convenience upon
ninety (90) days written notice to County. Either Party may immediately terminate this
Agreement upon material breach of the other party, however the breaching party shall have
fifteen (15) days after receiving such notice to cure such breach. Upon termination, County
shall take possession of all materials, equipment, tools and facilities owned by County which
Contractor is using, by whatever method it deems expedient; and Contractor shall deliver to
County all completed or partially completed Work under this Agreement, together with all other
items, materials and documents which have been paid for by County, and these items,
materials and documents shall be the property of County. Upon termination of this Agreement
by County, Contractor shall have no claim of any kind whatsoever against the County by
reason of such termination or by reason of any act incidental thereto, except for compensation
for work satisfactorily performed and/or materials described herein properly delivered.
5. Extension or Amendment. Any amendments or modifications to this agreement shall be in
writing signed by both parties. No additional services or work performed by Contractor shall be
the basis for additional compensation unless and until Contractor has obtained written
authorization and acknowledgement by County for such additional services.
6. Compensation. Upon Contractor's successful completion of the Work, and County's
acceptance of the same, County agrees to pay Contractor an amount not to exceed
as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will
Solicitation #B2500037 Page 16
be made by County unless a Change Order authorizing such additional payment has been
specifically approved by Weld County If, at any time dunng the term or after termination or
expiration of this Agreement, County reasonably determines that any payment made by
County to Contractor was improper because the service for which payment was made did not
perform as set forth in this Agreement, then upon 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 penod after
December 31 of any year, without an appropriation therefore by County in accordance with a
budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30
of the Colorado Revised Statutes, the Local Government Budget Law (C R S 29-1-101 et
seq ) and the TABOR Amendment (Colorado Constitution, Article X, Sec 20)
7 Independent Contractor Contractor agrees that it is an independent contractor and that
Contractor's officers, agents or employees will not become employees or agents of County,
nor entitled to any employee benefits (including unemployment insurance or workers'
compensation benefits) from County as a result of the execution of this Agreement Contractor
shall be solely responsible for its acts and those of its agents and employees for all acts
performed pursuant to this Agreement Any provisions in this Contract that may appear to give
the County the right to direct Contractor as to details of doing work or to exercise a measure of
control over the work mean that Contractor shall follow the direction of the County as to end
results of the work only The Contractor is obligated to pay all federal and state income tax on
any moneys earned or paid pursuant to this contract
8 Subcontractors Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor Contractor shall not enter
into any subcontractor agreements for the completion of the Work without County's pnor
wntten consent, which may be withheld in County's sole discretion County shall have the nght
in its reasonable discretion to approve all personnel assigned to the Work during the
performance of this Agreement and no personnel to whom County has an objection, in its
reasonable discretion, shall be assigned to the Work Contractor shall require each
subcontractor, as approved by County and to the extent of the Work to be performed by the
subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume
toward Contractor all the obligations and responsibilities which Contractor, by this Agreement,
assumes toward County County shall have the nght (but not the obligation) to enforce the
provisions of this Agreement against any subcontractor hired by Contractor and Contractor
shall cooperate in such process The Contractor shall be responsible for the acts and
omissions of its agents, employees, and subcontractors
9 Warranty. Contractor warrants that the Work performed under this Agreement will be
performed in a manner consistent with the standards governing such services and the
provisions of this Agreement Contractor further represents and warrants that all Work shall be
performed by qualified personnel in a professional manner, consistent with industry standards,
and that all services will conform to applicable specifications
Solicitation #B2500037 Page 17
10 Acceptance of Services Not a Waiver Upon completion of the Work, Contractor shall
submit to County originals of all test results, reports, etc , generated dunng completion of this
work Acceptance by County of reports and incidental matenal(s) furnished under this
Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy
of the project In no event shall any action by County hereunder constitute or be construed to
be a waiver by County of any breach of this Agreement or default which may then exist on the
part of Contractor, and County's action or inaction when any such breach or default exists shall
not impair or prejudice any nght or remedy available to County with respect to such breach or
default No assent expressed or implied, to any breach of any one or more covenants,
provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other
breach Acceptance by the County of, or payment for, the Work completed under this
Agreement shall not be construed as a waiver of any of the County's nghts under this
Agreement or under the law generally
11 Insurance Contractor must secure, before the commencement of the Work, the following
insurance covering all operations, goods, and services provided pursuant to this Agreement,
and shall keep the required insurance coverage in force at all times dunng the term of the
Agreement, or any extension thereof, and during any warranty period For all coverages,
Contractor's insurer shall waive subrogation rights against County Contractor shall provide
coverage with limits of liability no less than those stated below An excess liability policy or
umbrella liability policy may be used to meet the minimum liability requirements provided that
the coverage is wntten on a "following form" basis
Acceptability of Insurers Insurance is to be placed with insurers duly licensed or authonzed to
do business in the state of Colorado and with an "A M Best" rating of not less than A -VII The
County in no way warrants that the above -required minimum insurer rating is sufficient to
protect the Contractor from potential insurer insolvency
Required Types of Insurance
Workers' Compensation and Employer's Liability Insurance as required by state statute,
covenng all of the Contractor's employees acting within the course and scope of their
employment The policy shall contain a waiver of subrogation against the County This
requirement shall not apply when a Contractor or subcontractor is exempt under Colorado
Workers' Compensation Act , AND when such Contractor or subcontractor executes the
appropriate sole propnetor waiver form
Minimum Limits
Coverage A (Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 100,000
$ 100,000
$ 500,000
Commercial General Liability Insurance including public liability and property damage,
covering all operations required by the Work The policy shall be endorsed to include the
following additional insured language "County, its elected officials, trustees, employees,
agents, and volunteers shall be named as additional insureds with respect to liability ansing
out of the activities performed by, or on behalf of the Contractor "
Such policy shall include Minimum Limits as follows
.,,
Solicitation #B2500037 Page 18
Each Occurrence $ 1,000,000
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Personal/Advertising Injury $ 1,000,000
Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired,
and non -owned vehicles operating both on County property and elsewhere in the performance
of this Contract
Contractor's Automobile Insurance Policy shall include Minimum Limits as follows
Bodily Injury/Property Damage (Each Accident) $ 1,000,000
16 Proof of Insurance All insurers must be licensed or approved to do business within the
State of Colorado, and unless otherwise specified, all policies must be wntten on a per
occurrence basis The Contractor shall provide the County with a Certificate of Insurance
evidencing all required coverages, before commencing work or entenng the County premises
The Contractor shall furnish the County with certificates of insurance (ACCORD) form or
equivalent approved by the County as required by this Contract The certificates for each
insurance policy are to be signed by a person authonzed by that insurer to bind coverage on
its behalf The Contractor shall name the County, its elected officials, trustees, employees,
agents, and volunteers as "Additional Insureds" for work that is being performed by the
Contractor
On insurance policies where the County is named as an additional insured, the County shall be
an additional insured to the full limits of liability purchased by the Contractor even if those limits
of liability are in excess of those required by this Contract
Upon request by the County, Contractor must provide a certified copy of the actual insurance
policy and/or required endorsements, for examination, effecting coverage(s) required by the
Contract Such documents are deemed confidential and deemed not public records for
purposes of the Colorado Open Records Act All certificates and endorsements are to be
received and approved by the County before work commences
Each Insurance policy required by this Agreement must be in effect at or pnor to
commencement of work under this Agreement and remain in effect for the duration of the
project, and for a longer penod of time if required by other provisions in this Agreement
Failure to maintain the insurance policies as required by this Agreement or to provide evidence
of renewal is a material breach of contract
All certificates and any required endorsement(s) shall be sent directly to the County
Department Representative's Name and Address The project/contract number and project
description shall be noted on the certificate of Insurance The County reserves the nght to
require complete, certified copies of all insurance policies for examination required by this
Agreement at any time
Any modification or variation from the insurance requirements in this Agreement shall be made
by the County Attorney's Office, whose decision shall be final Such action will not require a
formal contract amendment but may be made by administrative action
Solicitation #62500037 Page 19
17 Additional Insurance Related Requirements The County requires that all policies of
insurance be written on a pnmary basis, non-contnbutory with any other insurance coverages
and/or self-insurance carried by the County
The Contractor shall advise the County in the event any general aggregate or other aggregate
limits are reduced below the required per occurrence limit At their own expense, the
Contractor will reinstate the aggregate limits to comply with the minimum requirements and
shall furnish the County with a new certificate of insurance showing such coverage is in force
Commercial General Liability Completed Operations coverage must be kept in effect for up to
three (3) years after completion of the project Contractors Professional Liability (Errors and
Omissions) policy must be kept in effect for up to three (3) years after completion of the
project
Certificates of insurance shall state that on the policies that the County is required to be named
as an Additional Insured, the insurance carner shall provide a minimum of 30 days advance
wntten notice to the County for cancellation, non -renewal, suspension, voided, or matenal
changes to policies required under this Agreement, except when cancellation is for non-
payment of premium, then ten (10) days pnor notice may be given
On all other policies, it is the Contractor's responsibility to give the County 30 days' notice if
policies are reduced in coverage or limits, cancelled or non -renewed However, in those
situations where the insurance carner refuses to provide notice to County, the Contractor shall
notify County of any cancellation, or reduction in coverage or limits of any insurance within
seven (7) days or receipt of insurer's notification to that effect
The Contractor agrees that the insurance requirements specified in this Agreement do not
reduce the liability Contractor has assumed in the indemnification/hold harmless section of this
Agreement
Failure of the Contractor to fully comply with these requirements dunng the term of this
Agreement may be considered a matenal breach of contract and may be cause for immediate
termination of the Agreement at the option of the County The County reserves the right to
negotiate additional specific insurance requirements at the time of the contract award
18 Subcontractor Insurance Contractor hereby warrants that all subcontractors providing
services under this Agreement have or will have the above-descnbed insurance pnor to their
commencement of the Work, or otherwise that they are covered by the Contractor's policies to
the minimum limits as required herein Contractor agrees to provide proof of insurance for all
such subcontractors upon request by the County
19 Klo limitation of Liability The insurance coverages specified in this Agreement are the
minimum requirements, and these requirements do not decrease or limit the liability of
Contractor The County in no way warrants that the minimum limits contained herein are
sufficient to protect the Contractor from liabilities that might anse out of the performance of the
Work under by the Contractor, its agents, representatives, employees, or subcontractors The
Contractor shall assess its own nsks and if it deems 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
Solicitation #62500037 Page 20
20 Mutual Cooperation The County and Contractor shall cooperate with each other in the
collection of any insurance proceeds which may be payable in the event of any loss, including
the execution and delivery of any proof of loss or other actions required to effect recovery
21 Indemnity The Contractor shall defend, indemnify, hold harmless and, not excluding the
County's nght to participate, defend the County, its officers, officials, agents, and employees,
from and against all liabilities, claims, actions, damages, losses, and expenses including
without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as
"claims") for bodily injury or personal injury including death, or loss or damage to tangible or
intangible property caused, or alleged to be caused, in whole or in part, by the negligent or
willful acts or omissions of Contractor or any of its owners, officers, directors, agents,
employees or subcontractors This indemnity includes any claim or amount ansing out of or
recovered under the Workers' Compensation law or ansing out of the failure of such contractor
to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court
decree It is the specific intention of the parties that County shall, in all instances, except for
claims arising solely from the negligent or willful acts or omissions of the County, be
indemnified by Contractor from and against any and all claims It is agreed that Contractor will
be responsible for pnmary loss investigation, defense, and judgment costs where this
indemnification is applicable In consideration for the award of this contract, the Contractor
agrees to waive all nghts of subrogation against the County, its officers, officials, agents, and
employees for losses arising from the work performed by the Contractor for the County
22 Non -Assignment Contractor may not assign or transfer this Agreement or any interest
therein or claim thereunder, without the pnor wntten approval of County Any attempts by
Contractor to assign or transfer its nghts hereunder without such 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
23 Examination of Records To the extent required by law, the Contractor agrees that a duly
authonzed representative of County, including the County Auditor, shall have access to and
the right to examine and audit any books, documents, papers, and records of Contractor,
involving all matters and/or transactions related to this Agreement Contractor agrees to
maintain these documents for three years from the date of the last payment received
24 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, stakes, war, flood, earthquakes, or Governmental actions
25 Notices. All notices or other communications made by one party to the other concerning the
terms and conditions of this contract shall be deemed delivered under the following
circumstances
a) personal service by a reputable couner service requiting signature for receipt, or
b) five (5) days following delivery to the United States Postal Service, postage prepaid
addressed to a party at the address set forth in this contract, or
c) electronic transmission via email at the address set forth below, where a receipt or
acknowledgment is required and received by the sending party, or
Either party may change its notice address(es) by written notice to the other Notice may be sent
Solicitation #62500037 Page 21
to.
TO CONTRACTOR:
N ame:
P osition:
Address:
E-mail.
P hone:
TO COUNTY:
Name:
P osition:
Address:
E-mail:
P hone:
26. 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.
27. 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.
28. 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.
29. 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.
30. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-
507. The signatories to this Agreement state that to their knowledge, no employee of Weld
County has any personal or beneficial interest whatsoever in the service or property which is
the subject matter of this Agreement.
31. Survival of Termination. The obligations of the parties under this Agreement that by their
nature would continue beyond expiration or termination of this Agreement (including, without
limitation, the warranties, indemnification obligations, confidentiality and record keeping
requirements) shall survive any such expiration or termination.
32. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
u nenforceable by a court of competent jurisdiction, this Agreement shall be construed and
e nforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
Solicitation #B2500037 Page 22
33 ikon -Waiver No term or condition of this Agreement shall be construed or interpreted as a
waiver, express or implied, of the monetary limitations or any of the other immunities, nghts,
benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§ 24-
10-101 et seq , as applicable now or hereafter amended
34 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 nght of action whatsoever by any other person not
included in this Agreement It is the express intention of the undersigned parties that any
entity other than the undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only
35 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
36 Choice of Law/Jurisdiction Colorado law, and rules and regulations established pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement
Any provision included or incorporated herein by reference which conflicts with said laws, rules
and/or regulations shall be null and void In the event of a legal dispute between the parties,
Contractor agrees that the Weld County Distnct Court shall have exclusive jurisdiction to
resolve said dispute
33 No Employment of Unauthorized Aliens - Contractor certifies, warrants, and agrees that it
does not knowingly employ or contract with an unauthorized alien who will perform work under
this Agreement (see 8 U S C A §1324a and (h)(3)) nor enter into a contract with a
subcontractor that employs or contracts with an unauthonzed alien to perform work under this
Agreement Upon request, contractor shall deliver to the County a written notarized affirmation
that it has examined the legal work status of an employee and shall comply with all other
requirements of federal or state law
Contractor agrees to comply with any reasonable request from the Colorado Department of
Labor and Employment in the course of any investigation
If Contractor fails to comply with any requirement of this provision, County may terminate this
Agreement for breach, and if so terminated, Contractor shall be liable for actual and
consequential damages
34 Attorney's Pees/Legal Costs In the event of a dispute between County and Contractor
concerning this Agreement, the parties agree that each party shall be responsible for the
payment of attorney fees and/or legal costs incurred by or on its own behalf
35 Binding Arbitration Prohibited Weld County does not agree to binding arbitration by any
extra -judicial body or person Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void
Acknowledgment. County and Contractor acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms Both parties further agree that this
Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement
between the parties and supersedes all proposals or pnor agreements, oral or wntten, and any
other communications between the parties relating to the subject matter of this Agreement
Solicitation #82500037 Page 23
CONTRACTOR:
By:
Name:
Title:
WELD COUNTY:
ATTEST:
Weld County Clerk to the Board
Date of Signature:
BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
BY:
Deputy Clerk to the Board Insert Name, Chair
Solicitation #B2500037 Page 24
Addendum # 1
Bid Request Number B2500037
Grover & Kersey Grader Shed Backup Generator Replacement
Current:
No bollards are called out in scope of work
Change:
Contractor to install two bollards at each location Specific locations to be determined
onsite Bollards to be 6" diameter steel pipe concrete filled and painted Bollards to be
2'-6" deep with 6" of concrete encasing bollard on all sides. Bollards to stick up 3'-0"
above ground
(questions & Answers:
1 Question Do the generators need to be NFPA 110 compliant?
Answer Yes
2 Question Is there a remote alarm annunciator and emergency stop button needed for
the generator?
Answer Yes
3 Question' What run-time requirements do you have for the generator tank sizing? 0 e
12 -hours, 24 -hours, or greater) This is typically calculated at 100% full load
Answer Run-time shall be 24 -hours
4 Question What is the warranty duration for the equipment?
Answer 1 -year parts and labor Standard manufactures warranty
5 Question Is sound attenuation required for the generator enclosure?
Answer No, a sound attenuation is not required for the generator enclosure
6 Question Does the main -line circuit breaker need to be 100% rated and LSI or Thermal
Magnetic?
i
Answer Thermal magnetic is acceptable
7 Question NFPA 110 compliant?
I
Answer Yes
8 Question Remote annunciator?
Answer Yes, this is required
9 Question How many hours on load bank dunng start up?
Answer 4 Hours
10 Question Allowance for altitude deration for motor?
Answer Yes
11 Question Precast slab versus pour in place allowed d excavated 18" with last 6° 1
minus unwashed gravel and compacted pnor to base being placed?
Answer Pour in place to allow for stub ups through slab Contractor will be required to
pour the pad 3' outside of the generator footing to allow for maintenance and servicing
12 Question Schedule 80 outside above ground and EMT inside shelter allowed?
Answer This is acceptable
13 Question Exercise on Mondays? At what time?
Answer Exercise occurs Gam every Monday
14 Question Run time needed (for tank sizing)?
Answer 24 -hour
15 Question. Temp generator during gen replacement? (to power building while ATS is
installed) and/or while existing gen is off line?
Answer Yes, a temporary generatons required to keep operations functional 247
16 Question Warranty period requested? 1, 5, or 10 year?
Answer Standard 1 year parts and labor Standard Manufacture warranty for generator
17 Question Maintenance contract? For how long?
Answer No, maintenance contract is not to be included
18 Question Entrance breaker to be replaced?
Answer Yes
19 Question Any circuits to be added to the generator backed up circuits?
Answer No
20 Question Per conversation generator preferred to the south of the transformer
Answer: Generator is allowed on the south side of the transformer at Grover. Contractor
to verify main feed with locates and verify with the power company for clearance of
transformer to generator.
Addendum Acknowledgement
***A signed copy must be submitted with your bid. Thank you!***
Company Name:)South Paw pectric Corporation March 28, 2025
Signature: /!
Name: Robert Rankin
Date of Signature
Title: Estimator /Project Manager
March 28, 2025
[Click to Update]
CEO :TIFICATE OF LIABILITY INSURANCE 4/20/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER
IMPORTANT If the certificate holder's an ADDITIONAL INSURED, the policy(ies) must be endorsed If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer nghts to the
certificate holder in lieu of such endorsement(s)
PRODUCER
Network Insurance Services, LLC
8301 E Prentice Ave, Ste 410
Greenwood Village CO 80111
CONTACT
P ONE FAX
T No. Ext) 303-805-5000 I (A/c, Ne) 303-708-0202
ADDRIESS Certificates@thinkNlS com
INSURER(S) AFFORDING COVERAGE
NAIL #
INSURER MOUNTAIN STATES IND CO
10177
INSURED SOUTP31
INSURER B PINNACOL ASSUR
41190
South Paw Electnc Corporation
4433 NE County Line Road
INSURER ASPEN SPECIALTY INS CO
10717
Erie CO 80516
INSURER D
INSURER E
INSURER F
COVERAGES
CERTIFICATE NUMBER 1814287652
REVISION NUMBER
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
ILTR
TYPE OF INSURANCE
BR
ANBR DDL SUB
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
4:111DDNYYY)
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE II OCCUR
Y Y
CP09576862
6/1/2024
6!1/2025
EACH OCCURRENCE
$ 1 000 000
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$ 100 000
MED EXP (Any one person)
$ 5 000
PERSONAL & ADV INJURY
$1 000 000
GENERAL AGGREGATE
$2000000
GEN L AGGREGATE LIMIT APPLIES PER
7 POLICY n jEeT n Lac
PRODUCTS COMP/OP AGG
$ 2 000 000
$
A
AUTOMOBILE LIABILTY
_
X ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
SCHEDULED
OWNED
FAWN'
AUTOS
Y Y
1000178559
6/1/2024
6/1/2025
COMBINED SINGLE LIMIT
_[Ea_acadenU
$ 1.000.000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
A
X UMBRELLA LIAB
EXCESS UAB
X OCCUR
CLAIMS MADE
Y Y
CXO9576862
6/1/2024
6/1/2025
__
EACH OCCURRENCE
$ 5 000 000
AGGREGATE
$ 5 000 000
DED I X I RETENTIONS None
$
B
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY Y / N
OFFICER/MEM ER EXCLUDED ECUTIVE E
(Mandatory In NH)
If yes descnbe under
DESCRIPTION OF OPERATIONS below
Y
N / A
4105735
6/12024
6/1/2025
X I ORY LIA ITS 1 I OER
E L EACH ACCIDENT
$ 1 000 000
E L DISEASE - EA EMPLOYEE
$ 1 000 000
E L DISEASE POLICY LIMIT
$1 000 000
A
A
C
Leased/Rented Equipment
Business Personal Property
Contractors Pollution
CPO9576862
CP0957fi862
ER0128P24
fif12024
6/1/2024
9!182024
6/1/2025
6!1/2025
9/182025
$500 Deductible $100 000
$1 000 Deductible 30 000
$1 000 000 Per Occ $2 000 000 Agg
DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, d more space Is required)
Owner -Trevor Parmenter is excluded from Work Comp
Weld County is included as Additional Insured in regard to General Liability per the attached Additional Insured form(s)
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS
Weld County
1150 O Street
Greeley CO 80631
I
AUTHORIZED REPRESENTATIVE
y''� f��
ACORD 25 (2010/05)
@ 1988-2010 ACORD CORPORATION All nghts reserved
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER CPO9576862
May 7, 2024 (WF)
POLICY NUMBER
COMMERCIAL GENERAL LIABILITY
CGD 20 33 05 15
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
I
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A SECTION II - WHO IS AN INSURED is amended to
include as an insured any person or organization
whom you are required under a wntten contract or
agreement to provide insurance such as is afforded
under this policy, but only with respect to liability for
"bodily injury" or "property damage" caused, in
whole or in part, by
1 Your acts or omissions, or
2 The acts or omissions of those acting on your
behalf,
in the performance of your ongoing operations at
the site or location designated in the wntten contract
or agreement
However,
1 The Insurance afforded to such additional
insured only applies to the extent permitted by
law, and `
2 The Insurance afforded to such additional
insured will not be broader than
a The coverage you have agreed to provide in
the wntten contract or agreement, or
b The coverage provided by this
endorsement
B With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply
1 This does not apply to "Bodily injury" or
"property damage" occurring
a Prior to the date the written contract or
agreement was executed and in effect,
b After all work on the project (other than
service, maintenance or repairs) to be
performed at the site or location of the
covered operations has been completed, or
After that portion of "your work" out of which
the injury or damage anses has been put to
its intended use by any person or
organization other than another contractor
or subcontractor engaged in performing
operations for a principal as a part of the
same project
CGD 20 33 0515
2 "Property damage" to
a Property owned, occupied or used by,
b Property rented to, in the care, custody, or
control of, or over which physical control is
being exercised for any purpose by, or
"Your work" for,
such person or organization
3 "Bodily injury" or "property damage" arising out
of an architect's, engineer's, or surveyor's
rendering of or failure to render any professional
services for you, for such person or
organization, or for others, including
a The preparing, approving, or failure to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders, designs, drawings or
specifications, and
b Supervisory, inspection, or engineering
services
This exclusion applies even if the claims against
any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence" which caused
the "bodily injury" or "property damage" involved
the rendering of or the failure to render any
professional services
4 Any "bodily injury" or "property damage" for
which valid and collectible insurance is available
under an Owners and Contractors Protective
Liability policy that you have purchased
C With respect to the Insurance provided by this
endorsement, the following is added to SECTION III
- LIMITS OF INSURANCE
8 The most we will pay under the insurance
provided by this endorsement is
a The applicable limit of insurance to which
you have agreed in the written contract or
agreement to provide, or
b The applicable Limit of Insurance shown in
the Declarations,
whichever is less
Includes copynghted matenal of Insurance Services Office, Inc , with its permission Page 1 of 2
Donegal Insurance Group
POLICY NUMBER CPO9576862
May 7, 2024 (WF)
D With respect to the Insurance provided by this
endorsement, Paragraph 4 Other Insurance as
found under SECTION IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS is replaced by
the following
4 Other Insurance
This insurance is excess over any other valid
and collectible insurance, whether primary,
excess, contingent or on any other basis, unless
you have agreed in a written contract or
agreement for this insurance to apply on either
(1) Pnmary and non-contributory basis, or
(2) Contributory basis
When this insurance is excess, we will have no
duty under Coverage A to defend the insured
against any "suit" if any other insurer has a duty
to defend the insured against that "suit" If no
other insurer defends, we will undertake to do
so, but we will be entitled to the insured's rights
against all those other insurers
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance, and
(2) The total of all deductible and self -insured
amounts under all that other insurance
We will share the remaining loss, if any, with
any other insurance that is not described in this
Excess Insurance provision and was not bought
specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this
Coverage Part
CGD 20 33 05 15 Includes copynghted matenal of Insurance Services Office, Inc , with its permission Page 2 of 2
Donegal Insurance Group
POLICY NUMBER CPO9576862
May 7, 2024 (WF)
POLICY NUMBER
COMMERCIAL GENERAL LIABILITY
, CGD 90 36 01 19
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
COMPLETED OPERATIONS - AUTOMATIC STATUS WHEN REQUIRED
IN WRITTEN CONSTRUCTION CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A SECTION II - WHO IS AN INSURED is amended to
include as an insured any person or organization
whom you are required under a written contract or
-agreement to provide insurance such as is afforded
under this policy, but only with respect to liability for
"bodily injury" or "property damage" caused, in
whole or in part, by "your work" performed at the
site or location designated in the wntten contract or
agreement
However
1 The, insurance afforded to such additional
insured only applies to the extent permitted by
law, and
2 The 'insurance afforded to such additional
insured will not be broader than
a The coverage you have agreed to provide
in the written contract or agreement, or
b The coverage provided by this
endorsement
B With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply
1 This does not apply to "bodily injury" or
"property damage" occurring prior to the date
the wntten contract or agreement was executed
and in effect
2 "Bodily injury" or "property damage" arising out
of an architect's, engineer's, or surveyor's
rendering of or failure -to render any
professional services for you, for such person
or organization, or for others, including
a The preparing, approving, or failure to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders, designs, drawings or
specifications, and
{ b Supervisory, inspection, or engineering
services
This exclusion applies even if the claims
against any insured allege negligence or other
wrongdoing in the supervision, hiring,
employment, training or monitoring of others by
that insured, if the "occurrence"' which caused
the "bodily injury" or "property damage"
involved the rendering of or the failure to render
any professional services
3 Any "bodily injury" or "property damage" for
which valid and collectible insurance is
available under an Owners and Contractors
Protective Liability policy that you have
purchased
C With respect to the Insurance provided by this
endorsement, the following is added to SECTION III
- LIMITS OF INSURANCE
8 The most we will pay under the insurance
provided by this endorsement is
a The applicable limit of insurance to which
you have agreed in the written contract or
agreement to provide, or
b The applicable Limit of Insurance shown in
the Declarations,
whichever is less
D With respect to the Insurance provided by this
endorsement, Paragraph 4 Other Insurance as
found under SECTION IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS is replaced by
the following
4 Other Insurance
This insurance is excess over any other valid and
collectible insurance, whether primary, excess,
contingent or on any other basis, unless you have
agreed in a wntten contract or agreement for this
insurance to apply either on a
(1) Primary and non-contnbutory, or
(2) Contributory basis
When this insurance is excess, we will have no
duty under Coverage A to defend the insured
against any "suit" if any other insurer has a duty
to defend the insured against that "suit" If no
other insurer defends, we will undertake to do
so, but we will be entitled to the insured's nghts
against all those other insurers
CGD 90 36 01 19 Includes copyrighted matenal'of Insurance Services Office, Inc , with its permission Page 1 of 2
Donegal Insurance Group
POLICY NUMBER CPO9576862
May 7, 2024 (WF)
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance, and
(2) The total of all deductible and self -Insured
amounts under all that other Insurance
We will share the remaining loss, if any, with
any other insurance that is not described in this
Excess Insurance provision and was not bought
specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this
Coverage Part
CGD 90 36 01 19 Includes copynghted matenal of Insurance Services Office, Inc , with its permission Page 2 of 2
Donegal Insurance Group
POLICY NUMBER CPO9576862
COMMERCIAL GENERAL LIABILITY
CGD 09 08 05 19
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
CONTRACTORS SILVER SERIES
GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE*
Coverage -
Limits) of Insurance Page
* Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations
CGD 09 08 05 19 j Includes copynghted matenal of Insurance Services Office, Inc , with its permission Page 1 of 8
- Donegal Insurance Group
05/25/2023 09 53 24
The following Coverages apply only if tney are shown in
the Schedule above Each of the Coverages is subject to
the limit of insurance associated with such Coverage in
the Schedule
I NON -OWNED WATERCRAFT COVERAGE
A Subparagraph g (2) under paragraph 2
Exclusions as found in COVERAGE A
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY (SECTION I - COVERAGES) is
deleted and replaced by the following
(2) A watercraft you do not own that is
(a) Less than 51 feet long, and
(b) Not being used to carry persons or
property for a charge,
B With respect to COVERAGE A BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY only, the following provision is added
to SECTION II - WHO IS AN INSURED
4 Any person is an insured with respect to a
watercraft you do not own that is less than
51 feet long and is not being used to carry
persons or property for a charge, while using
such watercraft with your permission Any
other person or organization responsible for
the conduct of such person is also an
insured, but only with respect to liability
arising out of the operation of the watercraft
However, no person or organization is an
insured
a With respect to "bodily injury" to a co -
"employee" of the person operating the
watercraft,
b With respect to "property damage" to
property owned by, rented to, loaned to,
occupied by, or otherwise in the care,
custody or control of, you or the
employer of any person who is insured
under this provision, or
c If other insurance of any kind is available
to that person or organization for this
liability, unless such insurance was
written to apply specifically in excess of
this policy
II BROADENED DAMAGE TO PREMISES RENTED
TO YOU COVERAGE
The following provisions apply only if a Limit of
Insurance is shown in the Declarations for Damage
To Premises Rented To You If no Limit of Insurance
is shown in the Declarations for Damage To
Premises Rented To You, or if Damage To Premises
Rented To You is shown as excluded, the following
provisions do not apply
CG D 09 08 05 19
A Subparagraph I Damage To
Property under paragraph 2
Exclusions as found in COVERAGE
A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY
(SECTION I - COVERAGES) is
deleted and replaced by the
following
Damage To Property
"Property damage" to
(1) Property you own, rent, or occupy,
including any costs or expenses
incurred by you, or any other person,
organization or entity, for repair,
replacement, enhancement, restoration
or maintenance of such property for any
reason, including prevention of injury to
a person or damage to another's
property,
(2) Premises you sell, give away or
abandon, if the "property damage"
anses out of any part of those premises,
(3) Property loaned to you,
(4) Personal property in the care, custody or
control of the insured,
(5) That particular part of real property on
which you or any contractors or
subcontractors working directly or
indirectly on your behalf are performing
operations, if the "property damage"
arises out of those operations, or
(6) That particular part of any property that
must be restored, repaired or replaced
because "your work" was incorrectly
performed on it
Paragraph (2) of this exclusion does not
apply if the premises are "your work" and
were never occupied, rented or held for
rental by you
Paragraphs (3), (4), (5) and (6) of this
exclusion do not apply to liability assumed
under a sidetrack agreement
Paragraph (6) of this exclusion does not
apply to "property damage" included in the
"products -completed operations hazard"
Includes copyrighted matenal of Insurance Services Office, Inc , with its permission
Donegal Insurance Group
Page 2 of 8
05/25/2023 09 53 24
B The last subparagraph under paragraph 2
Exclusions as found in COVERAGE A
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY' (SECTION I - COVERAGES) is
deleted and replaced by the following
Exclusions c through a and g through n do not
apply to "property damage" to premises while
rented to you or temporanly occupied by you with
permission of the owner Exclusion f does not
apply to damage by fire to premises while rented
to you or temporarily occupied by you with
permission of the owner A separate limit of
insurance applies to this coverage as described
in Section III - Limits Of Insurance and as
provided under the Broadened Damage To
Premises Rented To You Coverage
C Subject to the Each Occurrence Limit Shown in
the Declarations, the Limit of Insurance shown in
the Schedule above for Broadened Damage To
Premises Rented To You Coverage is the most
we will pay under Coverage A for damages
because of "property damage" to any one
premises, while rented to you or temporarily
occupied by you with permission of the owner
The Limit of Insurance for Broadened Damage
To Premises Rented To You Coverage shown in
the Schedule above is in addition to any Limit of
Insurance shown in the Declarations for Damage
To Premises Rented To You
III ELECTRONIC DATA LIABILITY
A Subparagraph p Electronic Data under
paragraph 2 Exclusions as found in
COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY (SECTION I
- COVERAGES) is deleted and replaced by the
following
p Access Or Disclosure Of Confidential Or
Personal Information And Data -related
Liability
Damages arising out of
(1) Any access to, or disclosure or theft of,
any person's or organization's
confidential or personal information,
including patents, trade secrets,
processing methods, customer lists,
financial information, an ind riduai's
narrc, social security dumber, diver's
license number, state identification
number credit card information, debit
cant information, account number,
acco.ant histories passwords, health
information, med cal irrormatior, or any
other type of nonpublic information, or
CGD 09 08 0519
(2) The loss of, loss of use of,
damage to, corruption of,
inability to access, inability to
transmit or receive, or
inability to manipulate
"electronic data" that does
not result from physical
injury to tangible property
This exclusion applies even if damages are
claimed for notification costs, monitonng
expenses, forensic or investigation
expenses, public relations expenses or any
other loss, cost or expense incurred by you
or others arising out of that which is
described in Paragraph (1) or (2) above
B The following paragraph is added to SECTION
III - LIMITS OF INSURANCE
Subject to 5 above, the Electronic Data Liability
Limit shown in the Schedule above is the most
we will pay under COVERAGE A for "property
damage" because of all loss of "electronic data"
arising out of any one "occurrence"
C With respect to the insurance provided by this
endorsement, the definition of "Property
Damage" in the Definitions Section is replaced
by the following
17 "Property damage" means
Physical injury to tangible property,
including all resulting loss of use of that
property All such loss of use shall be
deemed to occur at the time of the
physical injury that caused it,
b Loss of use of tangible property that is
not physically injured All such loss of
use shall be deemed to occur at the time
of the "occurrence" that caused it, or
c Loss of, loss of use of, damage to,
corruption of, inability to access, or
inability to properly manipulate
"electronic data", resulting from physical
injury to tangible property All such loss
of "electronic data" shall be deemed to
occur at the time of the "occurrence" that
caused it
"Property damage" does not include any
loss, cost or expense to correct any
defective, faulty or incorrect work performed
by you or by any contractors or
subcontractors working directly or indirectly
on your behalf
For the purposes of this insurance,
"electronic data" is not tangible property
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05/25/2023 09 53 24
D With respect to the insurance provided by this
endorsement, the following Definition is added to
SECTION V - DEFINITIONS
"Electronic data" means information, facts or
programs stored as or on, created or used on, or
transmitted to or from computer software
(Including systems and applications software),
hard or floppy disks, CD-ROMS, tapes, drives,
cells, data processing devices or any other
media which are used with electronically
controlled equipment
IV SUPPLEMENTARY PAYMENTS - COVERAGES A
AND B INCREASED LIMITS
A Subparagraph b under paragraph 1 as found in
SUPPLEMENTARY PAYMENTS -
COVERAGES A AND B (SECTION I -
COVERAGES) is deleted and replaced by the
following
b Up to the Limit of Insurance shown in the
Schedule above for Supplementary
Payments -Coverages A and B - Bail Bonds
Increased Limit for cost of bail bonds
required because of accidents or traffic law
violations arising out of the use of any
vehicle to which the Bodily Injury Liability
Coverage applies We do not have to furnish
these bonds
B Subparagraph d under paragraph 1 as found in
SUPPLEMENTARY PAYMENTS -
COVERAGES A AND B (SECTION I -
COVERAGES) is deleted and replaced by the
following
d All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit" Expenses paid under this provision
includes actual loss of earnings, up to the
Limit of Insurance shown in the Schedule
above for Supplementary Payments -
Coverages A and B - Loss of Earnings
Increased Limit, because of time off from
work
V BROAD FORM NAMED INSURED COVERAGE
With respect to COVERAGE A BODILY INJURY
AND PROPERTY DAMAGE LIABILITY and
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY, the following provision is added
to paragraph 1 as found in SECTION II - WHO IS
AN INSURED
f An organization other than a partnership, joint
venture or limited liability company, your legally
incorporated subsidiaries are insureds if you
own a financial interest of more than 50 percent
of the voting stock on the effective date of this
endorsement
CGD 09 08 0519
However, coverage under this
provision does not apply to "bodily
injury", "property damage", or
"personal and advertising injury" with
respect to which an insured under
this policy, including any
endorsement attached to and made
a part of this policy, is also an insured under
another policy, or would be an insured under
such policy but for its termination or the
exhaustion of the applicable limits of insurance,
unless such policy was wntten to apply
specifically in excess of this policy
VI INCIDENTAL MALPRACTICE LIABILITY -
NURSE, EMT OR PARAMEDIC COVERAGE
Paragraph 2.a (1)(d) as found in SECTION II - WHO
IS AN INSURED is deleted and replaced by the
following
(d) Arising out of his or her providing or fading to
provide professional health care services This
paragraph 2 a (1)(d) does not apply to a nurse,
emergency medical technician (EMT) or
paramedic employed by you
VII BROADENED NEWLY FORMED OR ACQUIRED
ORGANIZATIONS COVERAGE
Paragraph 3 a. as found in SECTION II - WHO IS AN
INSURED is deleted and replaced by the following
a Coverage under this provision is afforded only
until the 180th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier,
VIII BROADENED WHO IS AN INSURED
The following is added to SECTION II - WHO IS AN
INSURED
The following is an additional insured
A 1
Any person or organization from whom you
lease equipment when you and such person
or organization have agreed in writing in a
contract or agreement that such person or
organization be added as an additional
insured on your policy Such person or
organization is an insured only with respect
to liability for "bodily injury" or "property
damage" caused, in whole or In part, by your
maintenance, operation or use of equipment
leased to you by such person or
organization A person's or organization's
status as an insured under this endorsement
ends when their contract or agreement with
you for such leased equipment ends
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However, such person or organization is not
an insured with respect to any "occurrence"
which takes place after the equipment lease
expires
2 Any person or organization (referred to
below as vendor) with whom you agree in a
wntten contract or agreement to provide
insurance such as is afforded under this
policy, but only with respect to "bodily injury"
or "property damage" caused, in whole or in
part, by "your products" which are distributed
or sold in the regular course of the vendor's
business, subject to the following additional
exclusions
(a) The insurance afforded the vendor does
not apply to
(1) "Bodily injury" or "property damage"
for which the vendor Is obligated to
pay damages by reason of the
assumption of liability in a contract
or agreement This exclusion does
not apply to liability for damages that
the vendor would have in the
absence of the contract or
agreement,
(2) Any express warranty unauthorized
by you,
(3) Any physical or chemical change in
the product made intentionally by
the vendor,
(4) Repackaging, unless unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container,
(5) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connection with the
distribution or sale of the products,
(6) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product,
(7) Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container,
part or ingredient of any other thing
or substance by or for the vendor
(8) "Bodily injury" or
"property damage"
arising out of the sole
negligence of the vendor
for its own acts or
omissions or those of its
employees or anyone
else acting on
its behalf However, this exclusion
does not apply to
(i) The exceptions contained in
Subparagraphs (4) or (6) above,
or
(n) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products
(b) This insurance does not apply to any
insured person or organization, from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products
3 Any person or organization but only with
respect to their liability for "bodily injury" or
"property damage" caused, in whole or in
part, by your ongoing operations due to
(a) Their financial control of you, or
(b) Premises they own, maintain or control
while you lease or occupy these
premises
However, the insurance afforded to such
person or organization does not apply to
structural alterations, new construction and
demolition operations performed by or for
that person or organization
4 Any person or organization but only with
respect to liability for "bodily injury" or
"property damage" as co-owner of a
Described Premises shown in the
declarations
5 Any person or organization but only with
respect to liability for "bodily injury" or
"property damage" as grantor of a franchise
or license to you
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05/25/2023 09 53 24
6 Any person or organization but only with
respect to liability for "bodily injury" or
"property damage" caused, in whole or in
part, by your ongoing operations on that part
of the land leased to you and shown in the
Schedule However, the insurance afforded
to such person or organization does not
apply to
(a) Any "occurrence" which takes place
after you cease to lease that land,
(b) Structural alterations, new construction
or demolition operations performed by
or for that person or organization
7 Any person or organization but only with
respect to liability for "bodily injury" or
"property damage" as a mortgagee,
assignee, or receiver and arising out of the
ownership, maintenance, or use of a
Described Premises shown in the
declarations However, the insurance
afforded to such person or organization does
not apply to structural alterations, new
construction and demolition operations
performed by or for that person or
organization
8 Any person or organization but only with
respect to liability for "bodily injury" or
"property damage" caused, in whole or In
part, by your ongoing operations performed
in that part of the premises leased to you and
shown as a Described Premises in the
declarations However, the insurance
afforded to such person or organization does
not apply to
(a) Any "occurrence" which takes place
after you cease to be a tenant in that
premises
(b) Structural alterations, new construction
or demolition operations performed by
or for that person or organization
9 Any state or political subdivision, but only
with respect to liability for "bodily injury" or
"property damage" This insurance applies
only with respect to the following hazards for
which the state or political subdivision has
issued a permit in connection with premises
you own, rent, or control and to which this
insurance applies
(a) The existence, maintenance, repair,
construction, erection, or removal of
advertising signs, awnings, canopies,
cellar entrances, coal holes, driveways,
manholes, marquees, hoistaway
openings, sidewalk vaults, street
banners, or decorations and similar
exposures, or
(b) The construction, erection, or
removal of elevators, or
(c) The ownership, maintenance,
or use of any elevators
covered by this insurance
B The insurance afforded to such
person or organization descnbed in
paragraph A above only applies to the extent
permitted by law
C The Insurance afforded to such person or
organization described in paragraph A above
will not be broader than
1 The coverage you have agreed to provide in
the written contract or agreement, or
2 The coverage provided by this
endorsement
D A person's or organization's status as an
additional insured under this endorsement ends
when their contract or agreement with you ends
E The Insurance provided to such person or
organization described in paragraph A above
does not apply to "bodily injury" or "property
damage" occurnng
1 Prior to the date the written contract or
agreement was executed and in effect,
2 After your contract or agreement with such
additional insured ends, or
3 After the requirement in the written contract
or agreement to add such person or
organization as an additional insured on
your policy ends
F The insurance afforded to any additional insured
is excess over any other valid and collectible
insurance, whether primary, excess, contingent
or on any other basis, unless you have agreed in
a written contract or agreement for this
insurance to apply on either a
1 Primary and non-contributory basis, or
2 Contnbutory basis
IX MEDICAL, EXPENSE INCREASED LIMIT
The following provision applies only if a Limit of
Insurance is shown in the Declarations for Medical
Expense If no Limit of Insurance is shown in the
Declarations for Medical Expense, or if Medical
Expense is shown as excluded, the following
provision does not apply
Subject to the Each Occurrence Limit Shown in the
Declarations, the Limit of Insurance shown in the
Schedule above for Medical Expense Increased
Limit is the most we will pay under Coverage C for
all medical expenses because of "bodily injury"
sustained by any one person The Limit of Insurance
for Medical Expense Increased Limit shown in the
Schedule above is in addition to any Limit of
Insurance shown in the Declarations for Medical
Expense
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X AMENDMENT OF GENERAL AGGREGATE LIMIT
OF INSURANCE - PER PROJECT AND PER
LOCATION
A With respect to COVERAGE A BODILY INJURY
AND PROPERTY DAMAGE LIABILITY and
COVERAGE C MEDICAL PAYMENTS only, the
following provision is added to SECTION III -
LIMITS OF INSURANCE
The General Aggregate as described in
paragraph 2 under SECTION III - LIMITS OF
INSURANCE applies separately to each of your
projects away from premises owned by or rented
to you and separately to each of your "locations"
owned by or rented to you However
1 This Amendment of General Aggregate
Limit of Insurance - Per Project and Per
Location provision does not apply if a single
"occurrence" under Coverage A, or a single
accident under Coverage C, can be
attributed to multiple projects or "locations"
The General Aggregate Limit of Insurance
shown in the Declarations will apply to the
sum of all damages under Coverage A
arising out of such "occurrence" and all
medical expenses under Coverage C arising
out of such accident,
2. This Amendment of General Aggregate
Limit of Insurance - Per Project and Per
Location does not apply to damages under
Coverage B The General Aggregate Limit
of Insurance shown in the Declarations
continues to apply to the sum of all damages
under Coverage B, regardless of the
number of projects or "locations",
B With respect to the insurance provided by this
endorsement, the following Definition is added to
SECTION V - DEFINITIONS
"Locations" means premises involving the same
or connecting lots, or premises whose
connection is interrupted only by a street,
roadway, waterway or right-of-way of a railroad
XI KNOWLEDGE OF AN OCCURRENCE, OFFENSE,
CLAIM OR SUIT
Subparagraphs a and b under paragraph 2 Duties
In The Event Of Occurrence, Offense, Claim Or
Suit as found in SECTION IV - COMMERCIAL
GENERAL LIABILITY CONDITIONS are deleted
and replaced by the following
a You must see to it that we are notified as soon
as practicable of an "occurrence" or an offense
which may result in a claim To the extent
possible, notice should include
(1) How, when and where the "occurrence" or
offense, took place,
(2) The names and addresses of
any injured persons and
witnesses, and
(3) The nature and location of any
injury or damage arising out of
the "occurrence" or offense
This Condition only applies when the
"occurrence", offense, claim or "suit" is known to
you (if you are an individual), to a partner Of you
are a partnership), a manager (if you are a
limited liability company), or an officer or
insurance manager of a corporation (if you are a
corporation) Knowledge of an "occurrence",
offense, claim or "suit" by an agent, servant or
"employee" of an insured (other than a partner,
manager, officer, or insurance manager) does
not imply knowledge by the insured unless the
insured has received notice from the agent,
servant or "employee"
b If a claim is made or "suit" is brought against any
insured, you must
(1) Immediately record the specifics of the claim
or "suit" and the date received, and
(2) Notify us as soon as practicable
You must see to it that we receive written notice
of the claim or "suit" as soon as practicable
Failure by an agent, servant or "employee" of an
insured (other than a partner, manager, officer,
or insurance manager) to notify us of an
"occurrence", offense, claim or "suit" will not
jeopardize your coverage
XII WAIVER OF TRANSFER OF RIGHTS OF
RECOVERY
The following is added to the paragraph 8 Transfer
Of Rights Of Recovery Against Others To Us as
found in SECTION IV - COMMERCIAL LIABILITY
CONDITIONS
We waive any right of recovery we may have against
any person or organization because of payments we
make for injury or damage arising out of "your work"
included in the "products -completed operations
hazard" or your ongoing operations, subject to the
following
a You are required under a written contract to
waive your rights to recover from that person or
organization, and
b The written contract was executed and in effect
before any injury or damage that would give rise
to a claim under this Commercial General
Liability Coverage Part
This waiver does not apply to any person who is an
engineer or architect, or to any organization with
respect to an engineer or architect employed by
such organization, unless agreed to in writing by us
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XIII UNINTENTIONAL FAILURE r0 DISCLOSE
HAZARDS
The following Condition is added to SECTION IV -
COIVMERCIAL GENERAL LIABILITY
CONDITIONS
10 Unintentional Failure To Disclose Hazards
Any unintentional error or omission in the
description of, or failure to completely describe,
any premises or operations intended to be
covered by this Coverage Part will not invalidate
or affect coverage for those premises or
operations Such unintentional error or omission
must be reported to us as soon as practicable
after its discovery
This Condition does not affect our right to collect
any additional premium associated with such
unintentional error or omission or our right to
cancel or non -renew this policy
XIV CONTRACTUAL LIABILITY - RAILROADS
Subparagraph f (1) under the definition of "insured
contract" as found in SECTION V - DEFINITIONS or
as found in endorsement CG 24 26 AMENDMENT
OF INSURED CONTRACT DEFINITION is deleted
XV MOBILE EQUIPMENT REDEFINED
Subparagraph f (1) under the definition of "mobile
equipment" as found in SECTION V - DEFINITIONS
is deleted and replaced by the following
(1) Equipment with a gross vehicle weight of 1000
pounds or more and designed primarily for
(a) Snow removal,
(b) Road maintenance, but not construction or
resurfacing, or
(c) Street cleaning
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Donegal Insurance Group
05/25/2023 09 53 24
POLICY NUMBER 1000178559
May 20, 2024 (WF)
COMMERCIAL AUTO
CAD 09 04 01 22
i
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
SILVER SERIES PLUS
BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following
BUSINESS AUTO COVERAGE FORM
SCHEDULE*
Coverage
Limits of Insurance
* Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations
The following Coverages apply only if they are shown in
the Schedule above Each of the Coverages is subject
to the limit of insurance associated with such Coverage
in the Schedule
The following provisions apply only with respect to the
insurance provided by the Business Auto Coverage
Form
BROAD FORM NAMED INSURED AND NEWLY
ACQUIRED OR FORMED ORGANIZATIONS
COVERAGE
The following provisions are added to
subparagraph 1 Who Is An Insured under
paragraph A Coverage as found in SECTION II -
COVERED AUTOS LIABILITY COVERAGE
d Any organization, or any subsidiary of such
organization, which is a legally incorporated
entity of which you own a financial interest of
more than 50 percent of the voting stock on the
effective date of this endorsement with respect
to any covered "auto" However, this paragraph
A 1 d does not apply to "accident" or "loss"
with respect to which an "insured" under this
policy is also an "insured" under another policy,
or would be an "insured" under such other
policy but for its termination or upon the
exhaustion of its limits of insurance, unless
such other policy was written to apply
specifically in excess of this policy
CAD 09 04 01 22
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Donegal Insurance Group
POLICY NUMBER 1000178559
May 20, 2024 (WF)
Any organization you newly acquire or form,
other than a partnership, joint venture or limited
liability company, and over which you maintain
ownership or majority interest, will qualify as an
insured if there is no other similar insurance
available to that organization However
(1) Coverage under this provision is afforded
only until the 180th day after you acquire or
form the organization or the end of the
policy period, whichever is earlier,
(2) Coverage under this provision does not
apply to "bodily injury" or "property
damage" that results from an "accident"
that occurred before you acquired or
formed the organization
All provisions, exclusions and conditions
applicable to you, except those pertaining to
notice of cancellation or refusal to renew, as
provided in this policy, including any
endorsement attached to and made a part of
this policy, apply with respect to the insurance
provided to such newly acquired or formed
organizations
II SUPPLEMENTARY PAYMENTS INCREASED
LIMITS
A Subparagraph a (2) under paragraph 2
Coverage Extensions as found in paragraph
A Coverage (SECTION II - COVERED
AUTOS LIABILITY COVERAGE) is deleted
and replaced by the following
(2) Up to the limit of insurance shown in the
Schedule above for Supplementary
Payments - Bad Bonds Increased Limit for
the cost of bad bonds (including bonds for
related traffic law violations) required
because of an "accident" we cover We do
not have to furnish these bonds
B Subparagraph a (4) under paragraph 2
Coverage Extensions as found in paragraph
A Coverage (SECTION II - COVERED
AUTOS LIABILITY COVERAGE) is deleted
and replaced by the following
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to the limit of insurance
shown in the Schedule above for
Supplementary Payments - Loss of
Earnings Increased Limit, because of time
off from work
III BROADENED TOWING AND LABOR
COSTS COVERAGE - ALL VEHICLE
TYPES
Subparagraph 2 Towing under
paragraph A Coverage as found in
SECTION III - PHYSICAL DAMAGE
COVERAGE is deleted and replaced by
the following
2 Towing And Labor Costs
We will pay up to the limit of insurance shown
in the Schedule above for Broadened Towing
And Labor Costs Each Disablement for towing
and labor costs incurred each time a covered
"auto" is disabled However, the labor must be
performed at the place of disablement
With respect to disablement of covered "autos"
other than of the pnvate passenger type, the
most we will pay for the total of all towing and
labor costs dunng the policy penod shown in
the Declarations is the limit of insurance shown
in the Schedule above for Broadened' Towing
And Labor Costs Aggregate Limit
IV BROADENED TRANSPORTATION EXPENSES
COVERAGE EXTENSION - ALL VEHICLE TYPES
Subparagraph a Transportation Expenses under
paragraph 4 Coverage Extensions as found in
paragraph A Coverage (SECTION III - PHYSICAL
DAMAGE COVERAGE) is deleted and replaced by
the following
Transportation Expenses
We will pay per day up to the limit of insurance
shown in the Schedule above for Broadened
Transportation Expenses Increased Limits Per
Day, subject to the maximum limit of insurance
shown in the Schedule above for Broadened
Transportation Expenses Maximum Limit, for
temporary transportation expense incurred by
you because of the total theft of a covered
"auto" We will pay only for those covered
"autos" for which you carry either
Comprehensive or Specified Causes of Loss
Coverage We will pay for temporary
transportation expenses incurred during the
period beginning 48 hours after the theft and
ending, regardless of the policy's expiration,
when the covered "auto" is returned to use or
we pay for its "loss"
CAD 09 04 01 22
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Donegal Insurance Group
POLICY NUMBER 1000178559
May 20, 2024 (WF)
V BROADENED LOSS OF USE EXPENSES
COVERAGE EXTENSION
Subparagraph b Loss Of Use Expenses under
paragraph 4 Coverage Extensions as found in
paragraph A Coverage (SECTION III - PHYSICAL
DAMAGE COVERAGE) is deleted and replaced by
the following
b Loss Of Use Expenses
For Hired Auto Physical- Damage, we will pay
expenses for which an "insured" becomes
legally responsible to pay for loss of use of a
vehicle rented or hired without a dnver, under a
written rental contract or agreement We will
pay for loss of use expenses if caused by
(1) Other than collision only if the Declarations
indicate that Comprehensive Coverage is
provided for any covered "auto",
(2) Specified Causes Of Loss_ only if the
Declarations indicate that Specified Causes
Of Loss Coverage is provided for any
covered "auto", or
(3) Collision only if the Declarations indicate
that Collision Coverage is provided for any
covered "auto"
However, the most we will pay for any
expenses for loss of use is the limit of
insurance shown in the Schedule above for
Loss Of Use Expenses Per Day, subject to the
maximum limit of insurance shown in the
Schedule above for Loss Of _Use Expenses
Maximum Limit
VI The following is added to paragraph A COVERAGE
(SECTION III - PHYSICAL DAMAGE COVERAGE)
5 Hired Auto Physical Damage
If hired "autos"_ are covered "autos" for Liability
Coverage under this policy and if Physical
Damage Comprehensive Coverage, Physical
Damage Specified Causes Of Loss Coverage,
or Physical Damage Collision Coverage is
provided under this policy for any "auto" you
own, then such Physical Damage Coverages
are extended to apply to "autos" you hire
without a dnver, subject to the following
provisions
The most we will pay for any "accident" or
"loss" under this Hired Auto Physical
Damage Coverage is the lesser of
(1) The limit of insurance shown in the
Schedule above for Hired Auto
Physical Damage Coverage - Any One
Accident Or Loss,
(2) The actual cash value, which includes
an adjustment for depreciation and
' physical condition in the event of a total
"loss", or
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Donegal Insurance Group
(3) The cost of repairing or
replacing the damaged or
stolen hired "auto" with
other property of like kind
and quality,
minus a $500 deductible No
deductible applies to "loss"
caused by fire or lightning
b Subject to the' limit of insurance and
deductible provisions provided in paragraph
,5 a above, we will provide coverage equal
to the broadest Physical Damage Coverage
applicable to any covered "auto" shown in
the Declarations
This Hired Auto Physical Damage
Coverage does not apply to any "auto" you
lease, hire, rent or borrow from any of your
"employees", partners Of you are a
partnership), members Of you are a limited
liability company), or members of their
households
d This Hired Auto Physical Damage
Coverage is excess over all other
collectible insurance
6 Rental Reimbursement Expenses
We will pay for rental reimbursement expenses
incurred by you for the rental of an "auto"
because of "loss", other than total theft, to a
covered "auto" We will pay rental reimbursement
expenses only for those covered "autos"
a For which you carry either Comprehensive
or Specified Causes of Loss Coverage if
the "loss" arises from such coverage, or
b For which you carry either Collision Coverage
if the "loss" arises from such coverage
We will pay only for those expenses incurred
during the policy period beginning 24 hours
after the "loss" and ending, regardless of the
policy's expiration, when the covered "auto" is
repaired or _replaced or we pay for its "loss"
This coverage does not apply while there are
spare or reserve "autos" available to you for
your operations The most we will pay for rental
reimbursement expenses under this Coverage
Extension because of "loss" to a covered "auto"
is the limit of insurance shown in the Schedule
above for Rental Reimbursement Coverage No
deductibles apply to this coverage
If the Rental Reimbursement Coverage
'endorsement is also attached to and made a
part of this policy, then the coverage provided
under this Rental Reimbursement Expenses
J Coverage Extension will be excess over the
insurance provided by the Rental
Reimbursement Coverage endorsement
POLICY NUMBER 1000178559
May 20, 2024 (WF)
7 Personal Effects Coverage VII AIRBAG ACCIDENTAL DISCHARGE
We will pay up to the limit of insurance shown
in the Schedule above for Personal Effects
Coverage for loss to weanng apparel and other
personal effects which are
a Owned by an "insured", and ,
b In or on your covered "auto"
This coverage applies only in the event of a
total theft of your covered "auto"
No deductibles apply to this coverage
The insurance provided by this Personal Effects
Coverage provision is excess over any other
collectible insurance covering such property
8 Auto Loan/Lease Gap Coverage
In the event of a total "loss" to a covered "auto"
shown on the Declarations in the Schedule Of
Covered Autos You Own, we will pay any
unpaid amount due on the lease or loan for a
covered "auto", less
The amount paid under the Physical
Damage Coverage Section of the policy,
and
b Any
(1) Overdue lease/loan payments at the
time of the "loss",
(2) Financial penalties imposed under a
lease for excessive use, abnormal wear
and tear or high mileage
(3) Security deposits not returned by the
lessor,
(4) Costs for extended warranties, Credit
Life Insurance, Health, Accident or
Disability Insurance purchased with the
loan or lease, and
(5) Carry-over balances from previous
loans or leases
We will pay the unpaid amount due on the
lease or loan only for those covered "autos"
a For which you carry, either Comprehensive
or Specified Causes of Loss Coverage if
the "loss" arises from such coverage, or
b For which you carry either Collision
Coverage if the "loss" anses from such
coverage
COVERAGE
The following is added to subparagraph
3 under paragraph B Exclusions as
found in SECTION III - PHYSICAL
DAMAGE COVERAGE
The exclusion for "loss" caused by or resulting from
mechanical breakdown, as descnbed in paragraph
B 3 a above, does not apply with respect to the
accidental discharge of an airbag in a covered
"auto" if the airbag is repaired or replaced in a
manner acceptable to us No deductible will apply
to such "loss"
VIII REPLACEMENT COST OF A PRIVATE
PASSENGER VEHICLE
For a covered private passenger "auto" you own,
paragraph C Limits Of Insurance as found in
SECTION III - PHYSICAL DAMAGE COVERAGE
is replaced by the following
If we deem a covered "auto" to be a total loss within
180 days of your purchase of the automobile new,
and it has not been previously titled, at our option
we may
1 Replace the covered "auto" with a new auto of
like make, model and year, or
2 Pay you an amount equal to the cost of the
covered "auto" new, including taxes
IX GLASS REPAIR DEDUCTIBLE WAIVER
The following is added to paragraph D Deductible
as found in SECTION III - PHYSICAL DAMAGE
COVERAGE
However, no deductible applies to glass damage if
the glass is repaired in a manner acceptable to us
instead of replaced
X PARKED AUTO COLLISION DEDUCTIBLE
A The following is added to paragraph D
Deductible as found in SECTION III -
PHYSICAL DAMAGE COVERAGE
However, in the event of "loss" caused by
collision to a covered "auto" while such "auto" is
in the care, custody or control of an "insured"
and legally parked, the Collision Coverage
deductible amount that will be applied to the
"loss" will be $100, regardless of any deductible
amount shown in the Declarations as applicable
to such covered "auto"
CAD 09 04 01 22
Includes copynghted matenal of Insurance Services Office, Inc , with its permission Page 4 of 6
Donegal Insurance Group
POLICY NUMBER 1000178559
May 20, 2024 (WF) {
This Parked Auto Collision Deductible provision
does not apply to the "loss" if
1 The covered "auto" is occupied at the time
of the loss",, or
i
2 The covered "auto" is in the care, custody
or control of any person or organization
engaged in the business of selling,
servicing, repairing or parking "autos"
B If the Exclusions section of any Uninsured
Motorists ; Coverage endorsement or
Underinsured Motorists endorsement attached
to and made a part of this policy includes a
provision excluding a stated dollar amount from
the total amount of "property damage" as the
result of any one "accident", such stated dollar
amount is revised to be $100
XI MULTIPLE DEDUCTIBLE PROVISION
The following is added to paragraph D Deductible
as found in SECTION III - PHYSICAL DAMAGE
COVERAGE ,
If a "loss" covered under this Coverage Part also
involves a "loss" to other property from the same
"accident", which is covered under a Commercial
Property or Inland Marine Coverage Part issued by
us or any member company of ours for you, only
the highest , deductible applicable to those
coverages will be applied to the "accident"
XII KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT
OR LOSS u
The following provisions are added to
subparagraph ; 2 Duties In The , Event Of
Accident, Claim, Suit Or Loss under paragraph A
Loss -Conditions as found in SECTION IV -
BUSINESS AUTO CONDITIONS
d Knowledge of an "accident", claim, "suit" or
"loss" by an agent, servant or "employee" of an
"insured" (other than an officer or insurance
manager if you are a corporation, a partner if
you are a partnership, or a manager if you are
a limited liability company) does not imply
knowledgeiof the "insured" unless the "insured"
has received notice from the agent, servant or
"employee",
Failure by 'an agent, servant or "employee" of
an "insured" (other than an officer or insurance
manager if; you are a corporation, a partner if
you are a partnership, or a manager if you are a
limited' liability company) to notify us of an
"accident", I claim, "suit" or "loss" will not
jeopardize your coverage
CAD 09 04 01 22
XIII BLANKET WAIVER OF SUBROGATION
The following is added to paragraph A
Loss 'Conditions 5 Transfer Of
- Rights Of Recovery Against Others
To Us as found in SECTION IV -
BUSINESS AUTO CONDITIONS
With respect to the insurance provided under
SECTION II — COVERED AUTOS LIABILITY
COVERAGE only, we waive any nght of recovery
we may have against any person or organization
because of payments we make for "bodily injury" or
"property damage" caused by an "accident" and
resulting from the ownership, maintenance or use
of a covered "auto" if such ownership, maintenance
or use of a covered "auto" is related to work or
ongoing operations performed by you or on your
behalf This provision is also subject to the
following
The work or ongoing operations performed by you
or on your behalf have not yet been completed or
abandoned and are being performed away from
premises you own or rent, - V
A , You are required under a written contract to
waive your rights to recover from that person or
organization, and
B The written contract was executed and in effect
before any "accident", injury, loss or demand
that would give rise to a claim under this
Business Auto Policy
Under paragraph A above, your work will be
deemed completed at the earliest of when all the
work called for in your contract has been
completed, when all of the work to be done at a job
site has been completed if your contract calls for
work at more than one lob site, or when that part of
the work done at a job site has been put to its
intended use by any person or organization other
than another contractor or subcontractor working on
the same project Work that may need service,
maintenance, correction, repair or replacement, but
which is otherwise complete, will be treated as
completed
XIV UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
The following provision is added to paragraph A
Loss Conditions as found in SECTION IV -
BUSINESS AUTO CONDITIONS
6 Unintentional Failure To Disclose Hazards
We will not deny coverage under this policy
because of an unintentional failure to disclose
all exposures or hazards existing on the
effective date of the Business Auto Policy or
because of an unintentional error or omission in
any of the information provided by you and
relied upon by us in the issuance of this policy
However
Includes copynghted material of Insurance Services Office, Inc , with its permission Page 5 of 6
Donegal Insurance Group
POLICY NUMBER 1000178559
May 20, 2024 (WF)
You must report the undisclosed exposure
or hazard, or unintentional error or
omission, to us as soon as practicable after
its discovery,
b This provision does not affect our nght to
collect any additional premium associated
with such unintentional failure or our right to
cancel or non -renew this policy
XV WORLDWIDE HIRED AUTO COVERAGE
Subparagraph b (5) under paragraph B General
Conditions 7 Policy Penod, Coverage Terntory
as found in SECTION IV - BUSINESS AUTO
CONDITIONS is deleted and replaced by the
following
(5) Anywhere in the world if a covered "auto" is
leased, hired, rented or borrowed without a
driver for a period of 30 days or less,
CAD 09 04 01 22 Includes copynghted matenal of Insurance Services Office, Inc , with its permission Page 6 of 6
Donegal Insurance Group
COMMERCIAL AUTO
CA 0449 11 16
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
i
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
the endorsement
A The following is added to the Other Insurance
Condition in the Business Auto Coverage Form and
the Other Insurance - Primary And Excess
Insurance Provisions in the Motor Carner Coverage
Form and supersedes any provision to the contrary
This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek contribution
from any other; insurance available to an "insured"
under your policy provided that
1 Such "insured" is a Named Insured under such
other insurance, and
2 You have agreed in writing in a contract or
agreement that this insurance would be pnmary
and would not seek contribution from any other
insurance available to such "insured"
CA 04 49 11 16
B The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary
This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
_ other insurance available to an "insured" under your
policy provided that
1 Such "insured" is a Named Insured under such
other insurance, and
2 You have agreed in wntrng in a contract or
agreement that this insurance would be primary
and would not seek contribution from any other
insurance available to such "insured"
Copyright, Insurance Services Office, Inc , 2016 Page 1 of 1
POLICY NUMBER 1000178559
COMMERCIAL AUTO
CAD 09 31 01 22
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
ADDITIONAL INSURED BY CONTRACT -
LIABILITY COVERAGE
This endorsement modifies insurance provided under the following
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by
the endorsement
The following provisions are added to subparagraph 1
Who Is An Insured under paragraph A Coverage as
found in SECTION II - COVERED AUTOS LIABILITY
COVERAGE
d (1) Any person or organization with whom you are
required under a written contract, agreement, or
permit to provide insurance such as is afforded
under this policy, is an "insured" for Liability
Coverage, but only to the extent that person or
organization qualifies as an "insured" under the
Who Is An Insured Provision contained in
Section II of the Coverage Form
(2) With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply
This does not apply to "bodily injury" or "property
damage" occurring
(i) Prior to the date the wntten contract or
agreement was executed and in effect,
(ii) After your contract or agreement with such
additional insured ends, or
(iii) After the requirement in the wntten contract
or agreement to add such person or
organization as an additional insured on your
policy ends
CAD 09 31 01 22
Includes copynghted matenal of Insurance Services Office Inc , with its permission Page 1 of 1
Donegal Insurance Group -
05/16/2024 13 33 15
POLICY NUMBER CXO9576862
May 20, 2024 (WF)
POLICY NUMBER,
COMMERCIAL LIABILITY UMBRELLA
CUD 90 39 07 16
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY
I
I WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US WHEN REQUIRED IN A WRITTEN CONTRACT
This endorsement modifies insurance provided under the following
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV - Conditions is amended by
the addition of the following
We waive any right of recovery we may have against any person or organization because of payments we make for
injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations
hazard", subject to the following
a You are required under a wntten contract to waive your rights to recover from that person or organization, and
b The written contract was executed and in effect before any injury or damage that would give nse to a claim under
this Commercial Liability Umbrella Coverage Part
This waiver does not apply to any person who is an engineer or architect, or to any organization with respect to an
engineer or architect employed by such organization, unless agreed to in writing by us
CUD 90 39 07 16 Includes copyrighted matenal of Insurance Services Office, Inc , with its permission Page 1 of 1
Donegal Insurance Group
(c) Notify any other insurer whose coverage is
available to the indemnitee, and
(d) Cooperate with us with respect to
coordinating other applicable insurance
available to the indemnitee, and
(2) Provides us with written authorization to
(a) Obtain records and other information
related to the "suit", and
(b) Conduct and control the defense of the
indemnitee in such "suit"
So long as the above conditions are met, attorneys'
fees incurred by us in the defense of that indemnitee,
necessary litigation expenses incurred by us and
necessary litigation expenses incurred by the
indemnitee at our request will be paid as
Supplementary Payments Notwithstanding the
provisions of Paragraph 2 b (2) of Section I -
Coverage A - Bodily Injury And Property Damage
Liability, such payments will not be deemed to be
damages for "bodily injury" and "property damage"
and will not reduce the limits of insurance
Our obligation to defend an insured's indemnitee and
to pay for attorneys' fees and necessary litigation
expenses as Supplementary Payments ends when
we have used up the applicable limit of insurance in
the payment of judgments or settlements or the
conditions set forth above, or the terms of the
agreement described in Paragraph f above, are no
longer met
SECTION II - WHO IS AN INSURED
1 Except for liability arising out of the ownership,
maintenance or use of "covered autos"
a If you are designated in the Declarations as
(1) An individual, you and your spouse are
insureds, but only with respect to the conduct
of a business of which you are the sole owner
(2) A partnership or joint venture, you are an
insured Your members, your partners, and
their spouses are also insureds, but only with
respect to the conduct of your business
A limited liability company, you are an insured
Your members are also insureds, but only with
respect to the conduct of your business Your
managers are insureds, but only with respect
to their duties as your managers
(4) An organization other than a partnership, joint
venture or limited liability company, you are an
insured Your "executive officers" and directors
are insureds, but only with respect to their
duties as your officers or directors Your
stockholders are also insureds, but only with
respect to their liability as stockholders
(5) A trust, you are an insured Your trustees are
also insureds, but only with respect to their
duties as trustees
(3)
CU 00 01 12 07
b Each of the following is also an
insured
(1) Your "volunteer workers" only
while performing duties related to
the conduct of your business, or
your "employees", other than
either your "executive officers" (if
you are an organization other than a
partnership, joint venture or limited liability
company) or your managers (if you are a
limited liability company), but only for acts
within the scope of their employment by
you or while performing duties related to
the conduct of your business However,
none of these "employees" or "volunteer
workers" are insureds for
(a) "Bodily injury" or "personal and advertising
injury"
(i)
To you, to your partners or members (if
you are a partnership or joint venture),
to your members (if you are a limited
liability company), to a co -"employee" in
the course of his or her employment or
performing duties related to the conduct
of your business or to your other
"volunteer workers" while performing
duties related to the conduct of your
business,
(u) To the spouse, child, parent, brother or
sister of that co -"employee" or
"volunteer worker" as a consequence of
Paragraph (a)(0 above, or
(m) For which there is any obligation to
share damages with or repay someone
else who must pay damages because of
the injury described in Paragraphs (a)(0
or (u) above
(b) "Property damage" to property
(I) Owned, occupied or used by,
(u) Rented to, in the care, custody or
control of, or over which physical control
is being exercised for any purpose by
you, any of your "employees", "volunteer
workers", any partner or member (if you are
a partnership or joint venture), or any
member (if you are a limited liability
company)
(2) Any person (other than your "employee" or
"volunteer worker"), or any organization while
acting as your real estate manager
(3) Any person or organization having proper
temporary custody of your property if you die,
but only
(a) With respect to liability arising out of the
maintenance or use of that property, and
(b) Until your legal representative has been
appointed
Copyright, ISO Properties, Inc , 2007 Page 8 of 15
05/25/2023 11 57 48
(4) Your legal representative if you die, but only
with respect to duties as such That
representative will have all your rights and
duties under this Coverage Part
c Any organization you newly acquire or form, other
than a partnership, joint venture or limited liability
company, and over which you maintain ownership
or majority interest, will qualify as a Named
Insured if there is no other similar insurance
available to that organization However
(1) Coverage under this provision is afforded only
until the 90th day after you acquire or form the
organization or the end of the policy period,
whichever is earlier,
(2) Coverage A does not apply to "bodily injury" or
"property damage" that occurred before you
acquired or formed the organization, and
(3) Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization
2 Only with respect to liability arising out of the
ownership, maintenance or use of "covered autos"
a You are an insured
b Anyone else while using with your permission a
"covered auto" you own, hire or borrow is also an
insured except
(1) The owner or anyone else from whom you hire
or borrow a "covered auto" This exception
does not apply if the "covered auto" is a trailer
or semitrailer connected to a "covered auto"
you own
(2) Your "employee" if the "covered auto" is owned
by that "employee" or a member of his or her
household
(3) Someone using a "covered auto" while he or
she is working in a business of selling,
servicing, repairing, parking or stonng "autos"
unless that business is yours
(4) Anyone other than your "employees", partners
(if you are a partnership), members (if you are
a limited liability company), or a lessee or
borrower or any of their "employees", while
moving property to or from a "covered auto"
(5) A partner (if you are a partnership), or a
member (if you are a limited liability company)
for a "covered auto" owned by him or her or a
member of his or her household
(6) "Employees" with respect to "bodily injury" to
any fellow "employee" of the insured arising
out of and in the course of the fellow
"employee's" employment or while performing
duties related to the conduct of your business
Anyone liable for the conduct of an insured
described above is also an insured, but only to the
extent of that liability
CU 00 01 12 07
3 Any additional insured under any policy
of "underlying insurance" will
automatically be an insured under this
insurance
If coverage provided to the additional
insured is required by a contract or
agreement, the most we will pay on
behalf of the additional insured is the amount of
insurance required by the contract, less any amounts
payable by any "underlying insurance"
Additional insured coverage provided by this
insurance will not be broader than coverage provided
by the "underlying insurance"
No person or organization is an insured with respect to
the conduct of any current or past partnership, joint
venture or limited liability company that is not shown as a
Named Insured in the Declarations
SECTION III - LIMITS OF INSURANCE
1 The Limits of Insurance shown in the Declarations
and the rules below fix the most we will pay
regardless of the number of
a Insureds,
b Claims made, "suits" brought, or number of
vehicles involved, or
c Persons or organizations making claims or
bringing "suits"
2 The Aggregate Limit is the most we will pay for the
sum of all "ultimate net loss" under
a Coverage A, except "ultimate net loss" because of
"bodily injury" or "property damage" arising out of
the ownership, maintenance or use of a "covered
auto", and
b Coverage B
3 Subject to Paragraph 2 above, the Each Occurrence
Limit is the most we will pay for the sum of all
"ultimate net loss" under Coverage A because of all
"bodily injury" and "property damage" arising out of
any one "occurrence"
4 Subject to Paragraph 2 above, the Personal and
Advertising Injury Limit is the most we will pay under
Coverage B for the sum of all "ultimate net loss"
because of all "personal and advertising injury"
sustained by any one person or organization
5 If there is "underlying insurance" with a policy period
that is non -concurrent with the policy period of this
Commercial Liability Umbrella Coverage Part, the
"retained limit(s)" will only be reduced or exhausted
by payments for
a "Bodily injury" or "property damage" which occurs
during the policy period of this Coverage Part, or
b "Personal and advertising injury" for offenses that
are committed during the policy period of this
Coverage Part
However, if any "underlying insurance" is written on a
claims -made basis, the "retained limit(s)" will only be
reduced or exhausted by claims for that insurance
that are made during the policy period, or any
Extended Reporting Period, of this Coverage Part
Copyright, ISO Properties, Inc , 2007 Page 9 of 15
05/25/2023 11 57 48
P1NNACOL
ASSURANCE
7501 E. Lowry Blvd.
Denver, CO 80230-7006
303.361.4000 / 800.873.7242
Pinnacol.com
South Paw Electric Corporation
4433 E County Line Road
Erie, CO 80516
ENDORSEMENT: Blanket Waiver of Subrogation
NCCI #: WC000313B
Policy #: 4105735
Network Insurance Services, LLC-
P O Box 910
Castle Rock, CO 80104
(303) 708-9999
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
To any person or organization when agreed to under a written contract or agreement, as defined above
and with the insured, which is in effect and executed prior to any loss.
Effective Date:June 1, 2024 Expires on: June 1, 2025
Pinnacol Assurance has issued this endorsement May 16, 2024
7501 E. Lowry Blvd Denver, CO 80230-7006
Page 1 of 1 P ROBERTSA - Underwriter 05/16/2024 15:04:26 4105735 83344546 359-B
Contract Form
Entity Information
Entity Name*
SOUTHPAW ELECTRIC
Entity I D *
17;00042061
Contract Name*
GROVER AND KERSEY GRADER SHEDS BACKUP
GENERATOR REPLACEMENTS
Contract Status
CTB REVIEW
Contract ID
9392
Contract Lead*
CNAI BAU ER
Contract Lead Email
cnai Bauer{ ��weld.gov
New Entity?
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
REPLACE THE EMERGENCY GENERATORS AT THE KERSEY GRADER SHED AND THE GROVER GRADER SHED.
Contract Description 2
Contract Type*
CONTRACT
Amount*
S133,797.70
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
BUILDINGS AND
GROUNDS
Department Email
CM-
BuildingGroundsgweld.go
v
Department Head Email
CM-BuildingGrounds-
DeptHeadg weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Requested BOCC Agenda
Date*
05 0712025
Due Date
05,!03/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Review Date*
10/31/2025
Committed Delivery Date
Contact Type Contact Email
Renewal Date
Expiration Date*
10 31 2025
Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
PATRICK O'N EI LL
DH Approved Date
04/24 '2025
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
04 30 2025
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
04'28/2025 04/28/2025
Tyler Ref #
AG 043025
Originator
CNAIBAUER
April 9, 2025
FACILITIES DEPARTMENT
PHONE: (970) 400-2020
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
To: Board of County Commissioners
From: Patrick O'Neill
Subject: Grover & Kersey Grader Shed Backup Generator Replacements - B2500037
As advertised this bid is for two new replacement generators at Grover & Kersey Grader Shed for the
Weld County Public Works Department. The low bid is from South Paw Electric Corporation and meets
the specifications.
Therefore, the Facilities Department is recommending the award to South Paw Electric Corporation in
the amount of $133,797.70.
If you have any questions, please contact me at extension 2023.
Sincerely,
Patrick O'Neill
Director
4121
za5 -09a
136-,002:1
WELD COUNTY PURCHASING
1301 N. 17th Avenue, Greeley, CO
80631
reverettaweld.gov
cgeisertAweld.gov
ttaylor crweld.gov
Phone: 970-400-4222, 4223 or 4454
DATE OF BID: MARCH 31, 2025
REQUEST FOR: GROVER & KERSEY GRADER SHED BACKUP GENERATOR REPLACEMENT
DEPARTMENT: FACILITIES
BID NO: B2500037
PRESENT DATE: APRIL 2, 2025
APPROVAL DATE: APRIL 21, 2025
VENDOR
South Paw Electric Corporation
4433 NE Countyline Road
Erie, CO 80516
Expedia Power
2245 W. Saddle Way
Taylorsville, UT 84129
THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS.
AMOUNT
$133,797.70
$169,279.30
2025-0908
9/Z 5&100771
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