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Home My WebLink About20243403.tiffCQn-kvad- ,tk190fl SERVICE AGREEMENT BETWEEN WELD COUNTY AND LUMIN8 TRANSPORTATION TECHNOLOGIES THIS AGREEMENT is made and entered into this, s day of jfkvuidv 202, by and between the Board of Weld County Commissioners, on behalf of Public Works, hereinafter referred to as "County," and Lumin8 Transportation Technologies, 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. B2400155 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 Cons -en+ ricsinck 2/3/25 1 cc: Onha ?wrongs -trig 775/25 zoz434c3 EGOCfZ entenng 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 wntten notice to Contractor Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days 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, matenals 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 satisfactonly 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 $15,000 for itemized quantities ordered from contractor's Schedule D pricing list 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 aftertermination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement'from County, Contractor shall forthwith return such payment(s) to County Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e g mileage) Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in 2 accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors. 9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. 10. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action 3 by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a "following form" basis. Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an "A.M. Best" rating of not less than A -VII. The County in no way warrants that the above -required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency. Required Types of Insurance. Workers' Compensation and Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 $ 500,000 Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds 4 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 PersonaVAdvertising 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 5 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. 6 The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement Failure of the Contractor to fully comply with these requirements dunng the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County The County reserves the nght to negotiate additional specific insurance requirements at the time of the contract award 14 Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above -described insurance 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 anse out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors The Contractor shall assess its own risks and if it deems 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 nght to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, 7 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:-cti\ Position: f. rf"i ii1!'1. vio t � - ��'��,� ri 4.11.��.t3.�' s19kleA St J Address: E-mail: Phone: TO COUNTY: Name: Position: Address: E-mail: Phone: 9 (.' k i/ fl - 1' r Y C' - flru ) `,.3a)-'1 t OhciA . 5-4-R2 111)-(1 ism �..../ , Kevin Hettinger Public Works Maintenance Support Division Supervisor 1111 H Street PO BOX 758 Greeley, CO 80632 khettinger@weld.gov weld.gov 970-400-3782 22. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 23. 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. 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 notanzed affirmation that it has examined the legal work status of an employee and shall comply with all other requirements of federal or state law Contractor agrees to comply with any reasonable request from the Colorado Department of Labor and Employment in the course of any investigation If Contractor fails to comply with any requirement of this provision, County may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages 10 34. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 35. Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of/this Agreement. �i CONTRACTOR:' By: / LAP - Name: f"tieici t rt Title: tflaviwyr1Vtcu rl ilaattdc )Y2 _2 +5 WELD COUNTY: ATTEST: AAA. Weld ounty Clerk to the Board BY: 111011 teAdos Deputy Clerk to thewBoanl Deputy Clerk to the Boar• t Date of Signature: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 11 ry L. Buck, Chair FEB 0 5 1025 ThANSPORTATION TECKIOLO6IES Contractor Qualifications Weld County Bid B2400155 Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80601 Exhibit B *SL.ALED BID PROPLOSAL TRANSPORTATION TECHNOLOGIES PROJECT IDENTIFICATION: TRAFFIC SIGNAL MAINTENANCE WELD COUNTY PUBLIC WORKS BID NUMBER: 82400155 TR!$ BID SUBMITTED TO WELD COUNTY PUBLIC WORKS 1301 North 17`f'Ave Greeley Colorado 80631 SUBMITTED BY: Lumin8 Transportation Technologies, LLC 5920 Lamar St Arvada, CO. 80003 Submitted Date: DECEMBER 23RD, 2024 @ 11:00am Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80601 General Services - Invitation for Bid (IFB) Cover Sheet Bid Number: B2400155 Title: Traffic Signal Maintenance Issue Date: December 2, 2024 Pre -Bid Meeting: December 12, 2024, at 10:00 AM Pre -Bid Location: Weld County Public Works, 1111 H -Street, Greeley, CO 80631 Questions Due: December 19, 2024, by 3:00 PM Questions email: bids@weld.gov Bid Due Date: December 23, 2024, by 10:00 AM, Purchasing's Clock Bid Delivery: Preferred email to bids@weld.gov or hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bidsgweld.gov Documents Included in this Bid Package IFB Schedules IFB Attachments S chedule A: Bid Instructions Attachment 1 — Weld County Traffic Signal S chedule B: Scope of Work Maintenance Checklist S chedule C: Project Schedule Schedule D: Bid Form S chedule E: Insurance S chedule F: Weld County Contract 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 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 5 Project Overview 5 Method of Procurement 5 Pricing Method 5 Project Scope 5 Schedule C - Project Schedule 12 Schedule 12 Schedule D - Bid Form 13 Bid Submittal Instructions 13 Fees 13 Attestation 15 Schedule E — Insurance 16 Insurance 16 Insurance Mailing Information 17 Schedule F - Weld County Contract 18 Contractual Obligations 18 Weld County Standard Contract 18 B2400155 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: Traffic Signal Maintenance A mandatory pre -bid conference will be held on December 12, 2024, at 10:00 AM at the Public Works Building located at 1111 H -Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: December 23, 2024, at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on December 23, 2024, 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. Phone number: 720-439-5261 Phone Conference ID: 490399436# 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 bidsAweld.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 him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also B2400155 3 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 negative impact on Weld County in the current term or in any future terms. B2400155 4 Schedule B - Scope of Work P roject Overview Weld County is seeking bids for a vendor to provide Traffic Signal Maintenance. Method of Procurement Invitation for Bid (IF3): is a procurement method often referred to as a sealed bid solicitation. When issued, the b d 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 the contract. P ricing Method U nit Pricing: Unit pricing is where the contractor simply sets a price for each unit of type of work, or category of cost. P roject Scope The scope of this project is for Traffic Signal Maintenance using On -Call, Preventative, & S cheduled Traffic S gnal Maintenance 1. Overview Weld County is seeking an experienced qualified respondent to perform comprehensive traffic signal maintenance, emergency repair of traffic signals and to provide locate services. The Contractor is to ensure the safe and efficient operation of Weld County's traffic signal(s) and traffic conflict warning system(s). Weld County has traffic signals at the following locations: a. Traffic Signal located at Weld County Road 60.5 (East 8TH Street) & Weld County Road 47 (Weld County Parkway) b. Traffic Conflict Warning located at Weld County Road 17 & Weld County Road 38 2. Scope of Service This solicitation is for the request of a qualified contractor to furnish all labor, equipment, and materials and perform all work necessary to maintain and repair all the county -owned traffic signal installations and conflict warning system installations listed in Attachment 1. Experienced firms must provide a proven track record in traffic signal and lighting maintenance and repair. The contractor shall always maintain a team of trained, qualified traffic signal and lighting maintenance employees sufficient to perform the work required and described herein. The team of qualified employees shall be sufficient to respond to emergency calls that may be received from time to time and to make temporary and permanent repairs promptly. 3. Materials a. The Contractor shall furnish all personnel, vehicles, equipment, and materials required to perform all traffic signal and lighting maintenance. B2400155 5 b. Hardware components - may include, but are not limited to, signal and pedestrian heads, pedestrian buttons (frame, hardware and signs), signal controller components, traffic signal lamp modules, battery backup system, conflict monitors, audible pedestrian signals Traffic signal control cabinet, poles (signal, ped and lighting). c. The contractor shall maintain adequate storage and shop repair facilities to perform all work, including a sufficient stock of spare parts, standby controllers, and signal equipment to effect permanent repairs to the system within a 30- day period. Failure to effect permanent repairs within this time limit shall be sufficient cause for the County to authorize repairs to be completed by others. Repetitive failure as determined by The County, shall be sufficient cause to cancel this Agreement. d. All replacement parts shall be in -kind, and no substitutions shall be made without approval by the County. Substitute replacement parts not incorporating the same features and operational characteristics as the part being replaced will not be approved. 4. Performance Standard The contractor shall perform all work hereunder in a manner consistent with the level of competency and standard of care normally observed by a person practicing in the contractor's profession. If The County determines that any of the contractor's work is not in accordance with such level of competency and standard of care, The County, in its sole discretion and in addition to any other remedies provided herein or by law, shall have the right to do any or all of the following: a. Require the contractor to meet with The County to review the quality of the work and resolve matters of concern. b. Require the contractor to repeat the work at no additional charge until it is satisfactory to the County; or c. Terminate this Agreement per Terms and Conditions. 5. Records a. Maintenance Log: The contractor shall maintain a maintenance history log in the cabinet at each intersection as well as a digital log of each intersection's maintenance log (Example Maintenance Log attached) The digital Maintenance logs will be emailed to County staff upon completion. b. Quarterly Maintenance Report: Quarterly Maintenance Report shall be provided to the County Maintenance Support Division Supervisor and Foreman. The Quarterly Maintenance Report shall be in Digital (MS Word or MS Excel) and Hard Copy format. The County is open to reviewing and accepting any maintenance report example the Contractor can provide that meets the criteria below. This report shall contain, as a minimum, the following information on every traffic signal, and traffic conflict warning system in the system: i. Time and date the maintenance (Unscheduled, Preventive, Emergency or Extra) work was performed. ii. All pending repair work needed at each intersection. iii. Time the contractor received service calls, arrival time at the intersection, response time, and the number of hours spent for each repair. iv. A complete record of all work that was performed on the traffic equipment during the time period covered by the report, including the make, model, and serial number of any replacement components or other equipment newly B2400155 6 installed at each intersection and the make, model and serial number of any replaced components v Detailed cost breakdown for non -routine work is required vi List of new materials purchased and replaced or upgraded and proof of purchase and Warranty information vii Weld County expects to receive the Quarterly Maintenance Report in Digital (MS Word or MS Excel) and Hard Copy format The county is open to reviewing and accepting any maintenance report example the Contractor can provide that meets the criteria listed above 6 Warranty Service a The Contractor shall guarantee the work against defective material or workmanship for one (1) year from the completion date of the work Damage due to acts of nature or from sabotage and/or vandalism is specifically excepted from the guarantee b When,defective material and/or workmanship are discovered that require repairs to be made under this guarantee, all such work shall be done by the Contractor at its own expense within five (5) calendar days after written notice of such defects has been given to the Contractor by the County c Should the Contractor fail to repair such defective material or workmanship within five (5) calendar days thereafter, the County may cause the necessary repairs to be made and charge the Contractor with the actual cost of all labor and materials required d In emergencies demanding immediate attention, if the Contractor is unable to respond, the County shall have the right to repair the defect and charge the Contractor with the actual cost of all labor and material required e Any repair work performed as herein specified shall be done under the provisions of the original contract specifications f During the warranty period, the Contractor is expected to coordinate warranty repairs with the appropriate manufacturer or installing contractor g The Contractor shall notify the County of any undue delays by the manufacturer or installing contractor in responding to warranty requests and provide a detailed summary of the nature and reason for said warranty requests I 7 Preventive Maintenance a The contractor shall implement a preventive maintenance program to extend the lifespan of traffic signal equipment and reduce the likelihood of unexpected failures This includes annual equipment assessments, preemptive replacements, and predictive maintenance practices b Weld County will preserve the right to identify the frequency and items required to be inspected as part of the preventive maintenance program i 8 TE's (Traffic Engineering) a Traffic Signal Maintenance Handbook states that it can be reasonably argued that the frequency and severity of response maintenance calls can be significantly reduced provided that a proper program of preventive maintenance is in place with the appropriate level of training for the technicians who respond Small preventive maintenance tasks help keep the intersection operating properly and will extend the life of some components b Performing them is time well spent according to ITE's Traffic Signal Maintenance Handbook B2400155 7 c. Preventive maintenance provides the means for identifying and correcting problems before they turn into more costly repairs. d. A sample preventive maintenance is attached. The sample checklist is from ITE's (Institute of Transportation Engineers) Traffic Signal Maintenance Handbook. e. Process to Initiate the Work: Authorization, Communication, & Documentation I. The Contactor and Public Works Maintenance Support Supervisor will craft a Preventive Maintenance template to serve this initiative. The Contractor can provide a sample of a Preventive Maintenance template, which can be revised to meet Weld County's needs. ii. The Public Works Maintenance Support Supervisor will identify the intersections and the frequency that need to be inspected. iii. Requests for preventive maintenance not generally included in Scheduled Traffic Signal Maintenance are made via a Work Order (WO). iv. WOs will be originated by the Public Works Maintenance Support Supervisor or Foreman during normal County business hours. v. The WO will include the list of intersections to be inspected. The Contractor Should expect WOs at the beginning of the year or any time during the year to initiate the preventive maintenance initiative as appropriate. The WO will be signed off by Public Works Maintenance Support Supervisor or Foreman. vi. While initial contact with the Contractor may be directly by phone, this will always be followed up with a written WO. Delivery of WO's may be via fax, US mail, e-mail, telephone or courier and will be made directly to the contractor's designated contact. vii. The County will maintain preventive maintenance logs on all work completed as part of this task. 9. Unscheduled Traffic Signal Maintenance i. Includes tasks not specifically included in Scheduled Traffic Signal Maintenance that are not considered emergency in nature and are performed as requested by the County to ensure that all traffic signal systems and equipment operate safely and continuously in good working order. The Contractor shall perform unscheduled traffic signal maintenance on all traffic signals, and traffic conflict warning systems. Common Unscheduled Traffic Signal Maintenance tasks include, but are not limited to the following: 1) Troubleshooting detection issues 2) Repair damaged heads or equipment. 3) Signal Timing Revisions/Adjustments 4) Assist in inspection of signal construction work performed by other contractors. ii. The process to Initiate the Work: Authorization, Communication & Documentation: 1) The contractor will be provided with an unscheduled maintenance task list by the Public Works Maintenance Support Supervisor or Foreman. 2) The contractor shall provide a schedule for completing each maintenance list Item within 5 business days. 3) It is expected that the Contractor's superintendent will review and assess each issue. Any further clarifications will be discussed within the following week. B2400155 8 4) The County shall be notified in writing upon the completion of each maintenance item. This notification must contain the date of the completed work, a description of the work completed, task order or WO, as well as a notification of any necessary additional work needed. 10. Emergency Repairs a. Emergency Traffic Signal Maintenance includes unforeseen maintenance -related tasks that must be performed on short notice due to potential impacts on public safety and convenience. b. The contractor shall be available on a 24/7 basis including holidays to respond to emergency repair calls related to traffic signals. Emergency repairs include situations where signal components are non-functional, posing a risk to public safety or causing traffic congestion. The contractor shall aim to respond to emergency calls within a maximum of two hours from the time of notification. c. To restore normal operation, contractor shall furnish and install a substitute controller unit and/or cabinet, if so directed by County, that is capable of providing the same signal operation, insofar as phasing and times, until the existing controller unit and/or cabinet can be returned to service or be replaced. d. Emergency Unscheduled Traffic Signal Maintenance tasks include, but are not limited to the following: i. Flash calls. ii. All out calls iii. Knockdowns iv. Conflicting indications v. Any situation that can be considered unsafe. e. The Process to Initiate the Work: Authorization, Communication & Documentation I. The contractor shall provide you with a local or toll -free telephone number which will be contacted during non -business hours, weekends, and legal holidays to handle emergency calls. ii. It is expected that the Contractor's superintendent will review and assess each issue which will be discussed on the following business day. iii. Requests for service after working hours, on weekends, and on holidays will be forwarded from the County's Emergency On -Call representative to the Contractor by phone. iv. A work order (WO) will be generated on the next regular business day. The WO will be signed off by the Public Works Maintenance Support Supervisor or Foreman. v. The County shall be notified in writing upon the completion of each emergency maintenance item. This notification must contain the date of the completed work, a description of the work completed, task order or WO as well as a notification of any necessary additional work needed. vi. The Contractor shall maintain dispatch records for the emergency works and will be provided to the County upon request. 11. Extra work or Planned Maintenance Work a. At any time during the term of this contract, the County may request that the contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by the County to be necessary for the proper completion of the contractor's services, but which the parties did not reasonably anticipate would be B2400155 9 necessary at the execution of this contract. the contractor shall not perform, nor be compensated for, Extra Work without prior written authorization from the County. b. Type of Works: i. Signal Installation Repair or Modification: This work consists of repairing or modifying any existing signal installation's features or components. ii. Signal Under Construction Component Testing: This work includes testing detector loops and detector lead-in cables for megohm reading, continuity, frequency and inductance, and testing and certifying controller cabinets and control equipment. County shall determine the documentation and certifications contractor shall furnish County as part of this work. iii. Signal Timing Installation: This work consists of entering new timing plans or altering existing timing plans in the direction of County. iv. Signal Power Turn -On: This work consists of controller cabinet component operation, signal installation feature testing, problem diagnosis, and other related tasks necessary to accomplish a successful turn -on. v. Equipment Testing and Inspection: This work consists of services to inspect and test traffic signal equipment and components as requested by County. 12. Communications a. Telephone Communications: Business Hours Contractor shall provide Weld County with a local or toll -free telephone number which may be contacted from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding County holidays for routine business and service calls. b. Telephone Communications: Non- Business Hours Contractor shall also provide the County with a local or toll -free telephone number which may be contacted during non- business hours, weekends, and legal holidays to handle emergency calls. The business hours and non -business hours contact numbers shall be answered by a live person capable of contacting Maintenance personnel and relaying instructions from the County. c. E-mail Communications: The County will store Work Orders for all non -routine, emergency, and preventive maintenance works and new work electronically (via E- mail). At a minimum the contractor shall be able to receive, print and reply to e - mails. 13. Regulations and Standards a. Safety Measures: The contractor shall implement safety protocols to ensure the safety of personnel, motorists, and pedestrians during maintenance activities. This includes the use of proper signage, safety equipment, and adherence to established safety procedures. 14. Contract Duration: The initial contract shall be for a period of one (1) year, with the option of two (2) annual renewals. 15. Contractor Qualifications: All Contractors submitting proposals must describe their background and qualifications as it relates to the following: a Describe the Organizational Structure for supporting Weld County's traffic signal and conflict warning programs. Please identify the key personnel with appropriate roles and responsibilities and availability for this program. b. Describe your past 3 years of experience operating County wide traffic signal and conflict warning program maintenance programs. B2400155 10 c. Describe your familiarity with any and all laws, statutes, rules, and regulations for these types of projects. d. Describe your process for managing and implementing a traffic signal scheduled, Unscheduled, Preventive, and Emergency maintenance program. e. Provide appropriate and active examples that demonstrate the high degree of sustainable customer satisfaction that your company achieved working for local jurisdictions. Please specify how you achieved such a high degree of sustainable customer satisfaction and provide references for these examples. 16. Measurement and Payment: a. Payment for Preventive Maintenance i. Compensation for Preventive Traffic Signal Maintenance tasks shall be in accordance with the unit prices shown on the Schedule D- Bid Form. ii. The Contractor's price proposal for Preventive Traffic Signal Maintenance shall be considered inclusive of all materials, equipment, labor, and traffic controls necessary to perform the work in accordance with Technical S pecifications as per the Weld County Engineering Standard. b. Payment for Unscheduled and Emergency Maintenance I. Compensation for Emergency and unscheduled Street Light and Traffic S ignal Maintenance work shall be on a Time and Materials basis in accordance with the cost quote submitted to and approved by the County. ii. The Contractor's cost quoted for Unscheduled Extra Work shall include the full cost for furnishing all materials, labor, tools, equipment, temporary traffic controls, and incidentals and for doing all work involved in completing U nscheduled Extra Work in accordance with these Technical Specifications and as directed by the Maintenance Support Supervisor or Foreman. c. Payment for Extra Work or Planned Maintenance i. Compensation for Extra Work or Planned Street Light and Traffic Signal Maintenance shall be in accordance with the independent cost quotes submitted to and approved by the County for the work requested. ii. The Contractor's cost quoted for Extra Work or Planned Maintenance shall include the full cost for furnishing all materials, labor, tools, equipment, temporary traffic controls and incidentals and for doing all work involved in completing Extra Work or Planned Maintenance in accordance with these Technical Specifications, an approved Work Order and as directed by the Maintenance Support Supervisor or Foreman. B2400155 11 Schedule C - Project Schedule Schedule Below is the anticipated solicitation schedule for this project: Date of this Bid Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution December 2, 2024 December 12, 2024, at 10:00 AM December 19, 2024 December 23, 2024, at 10:00 AM January 8, 2024 January 22, 2024 B2400155 12 Schedule D - Bid Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of December 23, 2024, at 10:00 AM. 1) Schedule D — Bid Form 2) W9, if applicable.* 3) Any potential or future Addenda must be completed/acknowledged. 4) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, 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 in the space below: 1. Annual Preventive Traffic Signal Maintenance Fixture Type Quantity Rate Per Service Total Cost Annual ($) 1 Traffic Signals Conflict Warning Systems 1 2. Rates for Unscheduled and Emergency Work The following Hourly Rates and Equipment Rates shall apply to work not covered under the unit prices included in the Part I. Hourly Rates and Equipment Rates shall include all costs to supply the necessary labor and equipment including, but not limited to, overhead and profit. Service Equipment Hourly Rate 1. Service Truck 2. Service Truck with Arrow Board 3. Arrow Board 4. Dump Truck 5. Air Compressor 6. Bucket Truck 7. Boom Truck (Crane) 8. Concrete Saw 9. Other (Describe) — Use additional sheets as necessary B2400155 13 Overtime Rate Hourly Personnel Regular Rate Hourly 1. Field Technician Supervisor 2. Field Superintendent 3. Electrical Technician 4. Field Technician 5. Laborer 6. Crane Operator 7. Bench Technician 8. Traffic Control Supervisor 9. Program Manager 10. Other (Describe) — Use additional sheets as necessary 3. Typical Traffic Control Cost Schedule Please provide a standard list of Pay Items for Traffic Control to conduct Unscheduled and Emergency Maintenance Work. A few Pay items are listed below. Please include other pay items as you feel appropriate based on your working experiences: Pay Item Unit Cost ($) 1. Temporary Protection & Direction of Traffic LS 2. Temporary Signs SF Each 3. Temporary Barricade II and III 4. Flaggers Hour 5. Temporary Traffic Signal LS 6. Portable Changeable Message Signs LS 7. Temporary Plastic Drums Each 8. Temporary Delineators Each 9. Other (Describe) — Use additional sheets as necessary 4. Please provide the annual escalation rate for subsequent year renewal, if used: Annual escalation rate: 3.5 The undersigned, by his or her signature, hereby acknowledges and represents that: 0/0 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #B2400155. 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 of Schedule E — Insurance and Bond 5. Acknowledgment of Schedule F — Weld County Contract 6. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms B2400155 14 and conditions of the solicitation as established by Weld County. 7. 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 p the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. Attestation - Item Entry Company Name: Lumina Transportation Technologies LLC Address: 5920 Lamar Street, Arvada, CO 80003 Phone 303-422-7985 Email: estimating-cogiumin8.com FEIN/Federal Tax ID #: 84-1044047 CONTRACTOR: By: Name: Chris Hanson Title: VP Western Operations B2400155 /2-r0 -zL, Date of Signature 15 Schedule E — Insurance Insurance 1. The Contractor shall furnish a certificate of insurance for commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability upon notification of award and prior to performance. Work shall not commence under this Agreement/Contract until the Contractor has submitted to the County, and received approval thereof, the certificate of insurance showing compliance with the following types and coverage of insurance. a. Commercial General Liability Insurance: to include products liability, completed operations, contractual, broad form property damage, and personal injury. Each Occurrence General Aggregate $1,000,000 $2,000,000 b. Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired, leased, or borrowed. Bodily Injury/Property Damage $1,000,000 (each accident) Personal Injury Protection Per Colorado Statutes c. Workers' Compensation Insurance: Per Colorado Statutes d. Professional Liability Insurance*: to include coverage for damages or claims for damages arising out of the rendering, or failure to render, any professional services. Each Occurrence $1,000,000 *This insurance requirement applies only to Contractors who are performing services under this Agreement as professionals licensed under the laws of the State of Colorado, such as physicians, lawyers, engineers, nurses, mental health providers, and any other licensed professionals. 2. The Contractor's commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability insurance policies and/or certificates of insurance shall be issued to include Weld County Government as an "additional insured" and shall include the following provisions: a. Underwriters shall have no right of recovery or subrogation against the County, it being the intent of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses resulting from the actions or negligence of the Contractor. b. The insurance companies issuing the policy or policies shall have no response against the County for payment of any premiums due or for any assessments under any form of any policy. B2400155 16 c. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 3. If any of the said policies shall be or at any time become unsatisfactory to the County as to form or substance, or if a company issuing any such policy shall be or at any time becomes unsatisfactory to the County, the Contractor shall promptly obtain a new policy, submit the same to the Purchasing Division of Weld County for approval, and thereafter submit a certificate of insurance as herein provided. a. Upon failure of the Contractor to furnish, deliver, and maintain such insurance as provided herein, this Agreement/Contract, at the election of the County, may be immediately declared suspended, discontinued, or terminated. b. Failure of the Contractor to obtain and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement/Contract, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning indemnification. c. Contractor shall provide copies insurance coverage policies to the County department maintaining contract administration duties. These include initial policy, updated/changes to coverage, extensions, renewals, etc. 4. If the Contractor is a Joint Venture, then the respective parties thereto are each individually held fully responsible for completion of the project according to the terms of this Agreement. The parties thereto also have joint and several liabilities to the County for any liquidated damages assessed or for performance bond claims against the Joint Venture. The performance bond and all insurance required by this Agreement shall set forth the identity of each party to the Joint Venture. Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below: Email: Project Manager: Kevin Hettinger Email: khettinger@weld.gov Telephone: (970) 400-3782 Mail: Weld County Public Works ATTN: Kevin Hettinger PO Box 758 Greeley, CO 80632 B2400155 17 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 Service Agreement Between Weld County and Lumin8 Transportation Technologies THIS AGREEMENT is made and entered into this _13 day of January, 2025, by and between the Board of Weld County Commissioners, on behalf of Public Works, hereinafter referred to as "County," and Lumin8 Transportation Technologies, 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: B2400155 18 1 . Introduction. The terms of this Agreement are contained in the teams recited in this document and in the attached Exhibits, each of which (Onus 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 pertonnance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request flu Bid (RFB) as set forth in Bid Package No. R2400155 Exhibit B consists of Contractor's Response to County's Request. 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 faliure 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) clays written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor iiiay terminate this Agreement for its own convenience Ll1)OIl 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 Linder 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 S15 000 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. lf, 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 B2400155 19 request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of 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 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. B2400155 20 1 1. 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. Types of Insurance. Workers' Compensation / 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 foam. Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. .automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $ 1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non - owned vehicles used in the performance of this Contract. Proof of Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, its elected officials, and its employees as an additional named insured. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor_ The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. 12. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, B2400155 21 judicial decision, or other law or court decree. The Contractor shall he fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. it is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 13. 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. 14. Examination of Records. To the extent required by law, the Contractor agrees that an duly authorized representative of County, including the County Auditor, shall have access to and the tight 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. 15. 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. 16. 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: Position: Address: Address: E-mail: Phone: TO COUNTY: Name: Position: Address: Address: Chris Hanson VP of Operations -Western Region 5920 Lamar St Arvada, CO. 80003 chris. hansoii lumi n8. cote 303-422-7985 Kevin Hettinger Public Works Maintenance Support Division Supervisor. 1 111 H Street PO BOX 758 Greeley CO 80632 B2400155 22 t L. -mail: khettinger(«)welcgov Phone: 970-400-3782 17. 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. 18. 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. 19 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 iii this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 20 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. 21. 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. 22. 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 suck expiration or leililitiatiuti. 23. 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. 24. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. 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. 26. 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. B2400155 23 27. 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. 28. 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) 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. 29. 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. 30. 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: Lumin8 Transportation Technologies, LLC Name: Chris Hanson Title: VP of Operations -Western Division 1/13/2025 Date of Signature WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Perry L. Buck, Chair B2400155 24 Lumin8 Transportation Technologies 5920 Lamar St. Arvada, CO 80003 303-422-7985 FAX 303 422-1634 Date: 12/23/2024 SCHEDULE D -Bid Form Job Name or Bid Number: 2412231 -Weld Coundty Signal Maintenance Customer: Weld County Attention: Public Works Total Bid: $ 18,440.50 Bid# Description 100 Annual Preventitive Maintenance 110 Traffic Siganls 120 Conflict Warnig System 130 Service Equipment 140 Sevice Truck 150 Service Truck/W Arrow Board 160 Arrow Board 170 Dump Truck 180 Air Compressor 190 Bucket Truck 200 Boom Truck(Crane) 210 Concrete Saw 220 Excavator 230 Fiber Van 240 Personnel 250 Supervisor(Foreman) 260 Superindendent 270 Electrician 280 Technician(Journeyman) 290 Laborer 300 Operator 310 Bench Technician 320 Traffic Control Supervisor 330 Program Manager 340 Administrative 350 Personnel -Overtime 360 Supervisor(Foreman) 370 Superindendent 380 Electrician 390 Technician(Journeyman) 400 Laborer 410 Operator 420 Bench Technician Quantity Unit Prices Unit 1.00 $ 464.00 EA $ 1.00 $ 328.00 EA $ 0.00 $ $ 1.00 $ 37.00 HR $ 1.00 $ 55.00 HR $ 1.00 $ 20.00 HR $ 1.00 $ 40.00 HR $ 1.00 $ 16.00 HR $ 1.00 $ 48.00 HR $ 1.00 $ 65.00 HR $ 1.00 $ 85.00 HR $ 1.00 $ 67.00 HR $ 1.00 $ 38.00 HR $ 100 $ 90.00 HR $ 1.00 $ 95.00 HR $ 1.00 $ 95.00 HR $ 1.00 $ 80.00 HR $ 1.00 $ 65.00 HR $ 1.00 $ 70.00 HR $ 100 $ 90.00 HR $ 1.00 $ 76.00 HR $ 1.00 $ 120.00 HR $ 1.00 $ 65.00 HR $ 1.00 $ 135.00 HR $ 1.00 $ 142.50 HR $ 1.00 $ 142.50 HR $ 1.00 $ 120.00 HR $ 1.00 $ 97.50 HR $ 1.00 $ 105.00 HR $ 1.00 $ 135.00 HR $ Ext. 464.00 328.00 37.00 55.00 20.00 40.00 16.00 48.00 65.00 85.00 67.00 38.00 90.00 95.00 95.00 80.00 65.00 70.00 90.00 76.00 120.00 65.00 135.00 142.50 142.50 120.00 97.50 105.00 135.00 2412231- Weld County Signal Maintenance Personnel Regular Rate Hourly Overtime Rate Hourly 1. Field Technician Supervisor 2. Field Superintendent 3. Electrical Technician 4. Field Technician 5. Laborer 6. Crane Operator 7. Bench Technician 8. Traffic Control Supervisor 9. Program Manager 10.Other sheets (Describe)- as necessary Use additional 3. Typical Traffic Control Cost Schedule: SEE ATTACHED Please provide a standard list of Pay Items for Traffic Control to conduct Unscheduled and Emergency Maintenance Work. A few Pay items are listed below. Please include other pay items as you feel appropriate based on your working experiences: Pay Item Unit Cost($) 1. Temporary Protection & Direction of Traffic LS 2. Temporary Signs SF 3. Temporary Barricade II and III Each 4. Flaaaers Hour LS 5. Temporary Traffic Signal LS 6. Portable Changeable Message Si ins Each 7. Temporary Plastic Drums 8. Temporary Delineators Each 9. Other as necessary (Describe)- Use additional sheets 4. Please provide the annual escalation rate for subsequent year renewal, if used Annual escalation rate: 3.5 The undersigned, by his or her signature, hereby acknowledges and represents that: 0/0 1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Bid for Request No. #82400155. 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 of Schedule E - Insurance and Bond 5. Acknowledgment of Schedule F - Weld County Contract 6. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms B2400155 14 Lumin8 Transportation Technologies 5920 Lamar St Arvada, CO 80003 303-422-7985 FAX 303-422-1634 Date:12/23/2024 430 Traffic Control Supervisor 440 Program Manager -NIA 450 Administrative -N A 460 Traffic Control 470 Temporary Protection & Direction of Traffic 480 Temporary Signs 490 Temporary Barricade II & Ill 500 Flaggers 510 Temporary Traffic Signal 520 Portable Changeable Message Sign 530 Temporary Plastic Drums 540 Temporary Deliniators Timothy McGinn Senior Estimator - Western Region 303 422-7985 - Office 720-219-7089 -{Cell ll �ICyli iil � lUmiv.8 Cci i 100 $ 1.00 $ 100 $ 100 $ 100 $ 100 $ 1.00 $ 100 $ 100 $ 100 $ 100 $ 114.00 3,250.00 65.00 610.00 60.00 11,100.00 150.00 75.00 30.00 HR HR HR DAY SF EA HR DAY DAY EA EA 114.00 3,250.00 65.00 610.00 60.00 11,100.00 150.00 75.00 30.00 2412231- Weld County Signal Maintenance and conditions of the solicitation as established by Weld County. 7. 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 bld(s) may be awarded to more than one vendor. Attestation Item Entry Comoany Name: Lumin8 Transportation Technologies LLC Address. 5920 Lamar Street, Arvada, CO 80003 Phone 303-422-7985 Email: estimating-co@Iumin8.com FEIN/Federal Tax ID#: 84-1044047 CONTRACTOR: By: Name: Chris Hanson Title: VP Western Operations Date of Signature 82400155 15 Weld County Traffic Signal Maintenance Addendum #1 ***We need signed copy on file. Thank You!*** Reads as: Bids will be received until: December 23, 2024, at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on December 23, 2024, at 10:30 AM. Should now read: Bids will be received until: December 23, 2024, at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on December 23, 2024, at 11:30 AM. r received : // i,,; 7rief cx-cLiA -71)C AnJ is : LCD Addendumece l- � r> . FIRM -59020 ZaAncAr ADDRESS c ,-,.1)c ( C1. "e/v03 s CITY AND STATE BY /nvtlAy ( fC� rrl 71/inC) inn EMAIL December 6, 2024 /L11A e 4 Con? Weld County Traffic Signal Maintenance Addendum #2 ***We need signed copy on file. Thank You!*** ADDENDUM NO 1 WAS POSTED INCORRECTLY WITH DOCUMENT INFORMATION: SEE BELOW CORRECT INFORMATION ON ADDENDUM NO 2. Reads as: Bids will be received until: December 23, 2024, at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on December 23, 2024, at 10:30 AM. Should now read: Bids will be received until: December 23, 2024, at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on December 23, 20241 at 11:30 AM. received b :t-anl'vl /rte S %�'f. �i ��•,,, C-JL�%eAddendum y FIRM S%2C) ZlabitAr SZ- ADDRESS 4rv4v:L o CITY AND STATE EMAIL BY it -J /, December 6, 2024 /1lV ec C /17 C ?,-rlr Addendum # 3 Bid Request Number 82400155 Traffic Signal Maintenance Questions & Answers: 1. Can the county provide the contractor list from the Mandatory pre -bid meeting? The pre -bid meeting attendance sheet will be posted. 2. Please confirm that the contractor will be reimbursed for material and subcontractor costs if they are needed? As stated on page 11 #16 weld County will pay for al! services, and materiats as long as the costs are in accordance to the cost quotes and prices shown on Schedule D. 3. Please clarify the following for the Traffic Control Cost Schedule: a. Please clarify what the county is wanting for item #1 Temporary Protection & Direction of Traffic? Schedule D 3) #1 is looking for temporary traffic control to protect work being done from the traveling public while keeping traffic flowing in all directions. (In example: closing one lane for work operations, using 1 Lane for 2 way traffic being controlled by flaggers. ) b. Please clarify what the county is wanting for item #5 Temporary Traffic Signal? Schedule D 5) is want a cost for a temporary traffic signal to be used to control traffic — due to the current traffic signal not operating for what ever reason. The unit for the cost can be changed to hour, or day if necessary. 4. On page 14 for acknowledgement, #4 States that we need to acknowledge Insurance & Bond? Will a bid bond be required for this maintenance bid? There are not bonds associated with this contract. Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: /O1),,) ..---1• -A Ili n13,r41/,'cAL. _ O2(1 Date of Signature Name: Title: '7,07" 7//,14i - December 23, 2024 Farm (Rev October 2018) Depadmenl of the Treasury Intomal Rovenue SeMce Request for Taxpayer identification Number and Certification D. Go to www its gov/FormVV9 for instructions and the latest Information Give Form to the requester Do not send to the IRS 1 Name (as shown on your Income tax return) Name is required on this line, do not leave this line blank. Lumina Transportation Technologies, LLC 2 Business name/disregarded entity name, if different from above 3 Check appropnate box for federal tax classification of the person whose name Is entered on line 1 Check only one of the fallowing seven boxes ❑ individual/sole propnetar or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate single -member LLC ❑✓ Limited liability company Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► P Note Check the appropriate box in the line above for the tax classification of the single -member ° mar Do not check LLC If the LLC Is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U S federal tax purposes Otherwise, a single member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of its owner ❑ Other (see Instruebons) ► 4 Eooepbons (codes apply onl'is to certain entitles, not Individuals, sae instructions on page 3) Exempt payee code (if any) Exemption from FATCA reporting code (if any) OPP. to wawa" aNn..ova. the USJ 5 Address (number, street, and apt or suite no ) See Instructions 5920 Lamar Street City state and ZIP code Arvada, CO 80003 7 List account number(s) here (optional) Requester's name and address (optional) KNIM Taxpayer Identification Number (TIN) Enter your TIN in the eppropnate box The TIN provided must match the name given on fine 1 to avoid backup withholding For individuals, this is generally your social secunty number (SSN) However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later For other entities, it is your employer identification number (EIN) If you do not have a number, see How to get a TIN, later Note If the account is in more than one name, see the instructions for line 1 Also see What Name and Number To Give the Requester for guidelines on whose number to enter prajni Certification Under penalties of perjury, I certify that 1 The number shown on this form is my correct taxpayer identification number (or I am waiting fora number to be issued to me), and 2 I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3 1 am a U S citizen or other U S person (defined below), and 4 The FATCA code(s) entered on this form (if any) indicating that 1 am exempt from FATCA reporting a correct Certification instructions. You must cross out (tem 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have faded to report all interest and dividends on your tax return For real estate transactions, item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contnbutions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN See the instructions for Part II, later social security number 11 or Employer identdicatien number 4 0 4 4 0 4 7 Sign I Signature of Here U S person ► ruk- General instructions Section references are to the Internal Revenue Code unless otherwise noted Future developments For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www ifs gov/FormW9 Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social secunty number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to roped on an information return the amount paid to you, or other amount reportable on an information return Examples of information returns include, but are not limited to, the following • Form 1099-INT (interest earned or paid) Date► —1 /2_,I o Form 1099-DIV (dividends, including those from stocks or mutual funds) • Fermi 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Forth 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Forth 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you area U S person (Including a resident alien), to provide your correct TIN If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding See What is backup withholding, later Cat No 1023. Form W-9 (Rev 10-2016) CCBRD CERTIFICATE OF LUAU- ILUTY INSURANCE DATE (MMtDD1YYYY) 12/1/2025 11/25/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must have ADDITIONAL INSURED provIslons or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of tho policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In Ileu of such endersement(s) PRODUCER Lockton Companies, LLC 8110E Upton Avenue suite 100 Denver CO 80237 (303) 414-6000 NAM ACV PHONE FAx IAJC. Na. E..[AlC, Not p nRE5s IN5URER(S) AFFORDING COVERAGE NAIC R INSURER A Zortch Arne! lean Insurance Company 16535 INSURED 1486517 Lti ntn8 Ttanspotratton Technologies, LLC 5920 Lamm St Arvada, CO 80003 INSURER a Amencan Guarantee and Dab Ins Co 26247 INSURER C Admiral Insurance Company 24856 INSURER D Endurance American Insurance Company 10641 INSURER E Travelers Property Casualty Company of Atnenca 25674 INSURER F 17137350 vim V V Y LnM�l F,7 , . , ,....� .. -� ..-.-.-._... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WOOS 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 ILTIi AbbL TYPE OF INSURANCE Irygp SUER y/yp POLICY NUMBER POLICY e, Irar4iDllrvYYY1 POLICY EXP LIMNS IRILYOD/YYYYl A X COMMERCIAL GENERAL LIABILITY y CLAIMS-MADE111 OCCUR Y GLO-3116890-02 12/12024 12/1/2025 EA0H OCCURRENCE s 2,000,000 S 100,000 D`A1t4CfGEEEl`1517t�Ti'� PREMISES LEa oxurrnncel MED EIP (Any one person) $ 5,000 PERSONAL & AOV INJURY $ 2,000,000 $ 4,000 000 GENERAL AGGREGATE GENT. AGGREGATE UMIT APPLIES PER POLICY [I is e LOS 071. PRODUCTS-COMP/OP AGG $ 4,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED _ AUTOS ONLY HIRED AUTOS ONLY y SCHEDULED AUTOS NON rNED AUTOS OtJLY y BAP -3I16888-02 12/1/2024 12/1/2025 eicdengINGLt:uMlr I0 2,008,000 $ XXXXXXX BODILY INJURY {Poi person) eODILY INJURY (Par accident) $ XXXXXXX PROPERTY OArdVA (Ppra.ddenil $ XXXXXXX IXXXXXXX $ D UMBRELLA LIAR C OCCUR Y X EXCESS LIAR CLAIMS MADE Y SXS-3294053-02 EXC30073841500 12/10024 12/10024 12/1/2025 12/1/2525 EACH OCCURRENCE S 10 00 .000 AGGREGATE s 10,000.000 s XXXXXXX QED I I RETENTIONS A YrORKERSCOMPENSATION 000001PLOYER5 LIABILITY ANYgRE R,ETOR/PART lVETECt1TIVE Y/N ,NlA 000A1eMEMBER EXCLUDED? r(Afesulalory In Nip t1 yos dosalbo undor pESCRIPTION OF OPERAT10N3 bolcw N WC -3116889-02 12/1/t01rt 10/1/2025 f X I STATUTE I 1 Nl1 EL EACH ACCIDENT f1 S 1,000.000 000 11,M000 F L DISFASE- FA EMPLOYEE --� 0 1,000,000 EL DISEASE - POLICY LIMIT C B Prof /Pollution Ltab Leased/Rented Equipment N N EO000051999 05 QT -650-A6931950 I5L-24 12/1/2024 12/1/2024 12/1/2025 12/1/2025 $5M Each Clain SSNt 4ggrcgate Limit 0300k Jobsite $500k DESCRIPTIDN OF OpERAT1QNS 1 LOCATIQNS! VEHICLES (ACORD tDl, AddWonal Ramarks Schoduio, maq 6o attached 11 more space Is required) R8 Weld County Publto Works, localul at 1-11 S-Sttrct, OTCCIny, CO 80031 AE Wold Coont} u an «dd)Nortal lmumd on genernl habtltty, automobile Itab/tty & exn0ss Imbdlty us required by wnl en contraA 551001 of subrogotton on gennrat babiltty, automobile liability, excess babilay and workers compensation in favor of the Insureds) where pernusstble by law CERTIFICATE HOLDER CANCELLATION SrnAltachmen ts 17197350 Weld County PO Box 758 Greeley CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHORIZED REPRESENTATIYE_1.� © 1988-201055 ACORD CORPSRATION All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code D618544 Master ID 1486517, Certificate ID 17197350 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 per form 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 ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACTOR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy ) Endorsement Effective 12/1/2024 Policy No WC -3116889-02 Endorsement No Insured Lumina Transportation Technologies, LLC Premium $ Insurance Company Zurich American Insurance Company Countersigned by WC124 (4-84) Copyright 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 WC000313 Attachment Code D6I8545 Master ID 1486517, Cet ttficate ID 17197350 Waiver Of Subrogation (Blanket) Endorsement ZU IC Poltcy No Eff Date of Pol Exp Date of Pol Off Date of End Producer No Addi Prem Return Prem GLO-3116690-02 12/1/2024 12/1/2025 12/1/2024 09079000 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endoisement modifies tnsntance provided under the Commercial General Liability Coverage Pal t The following is added to the Transfer Of Rights Of Recovery Against Otheis To Us Condition. If you are requited by a written contract of agreement, which is executed before a loss, to waive you]. rights of recovery from others, we agree to waive our rights of recovery This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest UGL-925-B CW (12101) Page 1 of 1 Attachment Code: D618546 Master ID: 1486517, Certificate ID: 17197350 Additional Insured -- Automatic — Owners, Lessees Or Contractors ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO-3116890-02 Effective 12/1/2024 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or in part, by (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, Includes copyrighted material of Insurance Services Office, Inc , with its permission. U -GL -2162-A CW (02/19) Page 1 of 4 Attachment Code D6t8546 Master ID 1486517, Cettaloate ID 17197350 in the performance of (a) Your ongoing operations, with respect to Paragraph 2 a above, or (b) "Your work" and included in the "products -completed operations hazard", with respect to Paragraph 2 b above, which is the subject of the written contract or written agreement However, solely with respect to this Paragraph 2 , insurance afforded to such additional insured (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement, and (ii) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured 3 If neither Paragraph 1 nor Paragraph 2 above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured a Under the ISO CG 2010 (04/13 edition, any subsequent edition or if no edition date is specified), or b With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily Injury", "property damage" or "personal and advertising injury" is 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, which is the subject of the written contractor written agreement However, solely with respect to this Paragraph 3 , insurance afforded to such additional insured (a) Only applies to the extent permitted by law, (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured, and (C) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement 4 If neither Paragraph 1 nor Paragraph 2 above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured a Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified), or b With respect to the "products -completed operations hazard" Of no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products -completed operations hazard", which is the subject of the written contractor written agreement However, solely with respect to this Paragraph 4 , insurance afforded to such additional insured (1) Only applies to the extent permitted by law, (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured, (3) Only applies if the "bodily injury" or "property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement, and Includes copyrighted material of Insurance Services Office, Inc, with its permission o -GL -2182-A CW (02119) Page 2 of 4 Attachment Code O618546 Master ID 1486517, Cei tificate ID 17197350 (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products -completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured B Solely with respect to the insurance afforded to any additional insured referenced in Section A of this endorsement, the following additional exclusion applies This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including 1 The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or 2 Supervisory, inspection, architectural or engineering activities 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", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services C Solely with respect to the coverage provided by this endorsement, the following is added to Paragraph 2 Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions The additional insured must see to it that (1) We are notified as soon as practicable of an "occurrence" or offense that may result in a claim, (2) We receive written notice of a claim or "suit" as soon as practicable, and (3) A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory O Solely with respect to the coverage provided by this endorsement 1 The following is added to the Other insurance Condition of Section IV - Commercial General Liability Conditions Pnmary and Noncontributory insurance This insurance is primary to and will not seek contnbution from any other insurance available to an additional insured provided that a The additional insured is a Named Insured under such other insurance, and b You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured 2 The following paragraph is added to Paragraph 4 b of the Other Insurance Condition under Section IV — Commercial General Liability Conditions This insurance is excess over Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy In which the additional insured is a Named Insured on such other policy and where our policy is required by a written contractor written agreement to provide coverage to the additional insured on a primary and non- contnbutory basis E This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that Includes copynghied material of Insurance Services Office, Inc , with Its permission U -GL -2162-A Cw (02/19) Page 3 of 4 Attachment Code D618546 Master ID 1486517, Ceihficate ID 17197350 F Solely with respect to the insurance afforded to an additional insured under Paragraph A 3 or Paragraph A 4 of this endorsement, the following is added to Section III. Limits Of Insurance Additional Insured — Automatic — Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance 1 Required by the written contract or wntten agreement referenced in Section A of this endorsement, or 2 Available under the applicable Limits of Insurance shown in the Declarations, whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations Includes copyrighted material of Insurance Sermons Office, Inc , with Its permission U -GL -2162-A CW (021191 Page 4 of 4 Attachment Code: D618547 Master ID: 1486517, Certificate ID: 17197350 Coverage Extension Endorsement ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP -3116888-02 Effective Date: 12/1/2024 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form l A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section I1 Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision it Section II -- Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Fellow Employee Coverage Includes copyrighted material of Insurance Services Office, Inc., with its permission. U -CA -424-H CW (10/21) Page 1 of 6 Attachment Code D618547 Master ID 1486517, Certificate ID 17197350 D Driver Safety Program Liability and Physical Damage Coverage 1 The following is added to the Racing Exclusion in Section II - Covered Autos Liability Coverage This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations 2 The following is added to Paragraph 2 in B Exclusions of Section III - Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2 b in B Exclusions of Section IV - Physical Damage Coverage of the Motor Carrier Coverage Form This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations E Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section Lease Or Loan Gap Coverage In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less Any amount paid under the Physical Damage Coverage Section of the Coverage Form, and b Any (1) Overdue lease or 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 leases or loans F Towing and Labor Paragraph A 2 of the Physical Damage Coverage Section is replaced by the following We will pay up to $75 for towing and labor casts incurred each hme a covered "auto" that is a "private passenger type", light truck or medium truck is disabled However, the labor must be performed at the place of disablement. As used in this provision, "private passenger type" means a private passenger or station wagon type "auto" and includes an "auto" of the pickup or van type if not used for business purposes G Extended Glass Coverage The following is added to Paragraph A 3 a of the Physical Damage Coverage Section If glass must be replaced, the deductible shown in the Declarations will apply However, if glass can be repaired and Is actually repaired rather than replaced, the deductible will be waived You have the option of having the glass repaired rather than replaced H Hired Auto Physical Damage - Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following 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 driver under a written rental contract or written rental 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 Includes copyrighted material of Insurance Services Office, Inc , with as permission U -GA -424-H CW (10/21) Page 2of6 Attachment Code D618547 Master ID 1486517, Certificate ID 17197350 (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 $100 per day, to a maximum of $3000 I Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section Personal Effects Coverage a We will pay up to $750 for "loss" to personal effects which are (1) Personal property owned by an "insured", and (2) In or on a covered "auto" b Subject to Paragraph a above, the amount to be paid for "loss" to personal effects will be based on the lesser of (1) The reasonable cost to replace, or (2) The actual cash value c The coverage provided In Paragraphs a and b above, only applies in the event of a total theft of a covered "auto" No deductible applies to this coverage However, we will not pay for "loss" to personal effects of any of the following (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value (2) Bullion, gold, silver, platinum, or other precious alloys or metals, furs or fur garments, jewelry, watches, precious or semi-precious stones (3) Paintings, statuary and other works of art (4) Contraband or property in the course of illegal transportation or trade (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss" J Tapes, Records and Discs Coverage 1 The Exclusion in Paragraph B.4.a of Section III -- Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B 2 c of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply 2 The following is added to Paragraph 1 a Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices (a) Are the property of an "insured", and (b) Are in a covered "auto" at the time of "loss" The most we will pay for such "loss" to tapes, records, discs or other similar devices is $500 The Physical Damage Coverage Deductible Provision does not apply to such "loss" K Airbag Coverage The Exclusion in Paragraph B 3 a of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B 4 a of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Eons does not apply to the accidental discharge of an airbag L Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section Includes copyrighted material of Insurance Services Office, Ins , with Its permission U -CA -424-H CW (10/21) Page 3 of 6 Attachment Code D6I8547 Master ID 1486517, Ceiticatc ID 17197350 if an accident Is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis 1 If the deductible on this policy or Coverage Form Is the smaller (or smallest) deductible, it will be waived, or 2 If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible M Temporary Substitute Autos - Physical Damage 1 The following is added to Section I — Covered Autos Temporary Substitute Autos - Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its 1 Breakdown, 2 Repair, 3 Servicing, 4 "Loss", or 5 Destruction 2 The following is added to the Paragraph A Coverage Provision of the Physical Damage Coverage Section Temporary Substitute Autos - Physical Damage We will pay the owner for loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part if we make any payment to the owner, we will obtain the owner's rights against any other party The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces N Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a of the Duties in The Event Of Accident, Claim, Sult Or Loss Condition Is replaced by the following In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss" However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you area partnership), a member (if you area limited liability company) or an executive officer or insurance manager Of you area corporation) The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy Include, as soon as practicable (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "sud", (2) The "insured's" name and address, and (3) To the extent possible, the names and addresses of any injured persons and witnesses If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you O Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition Includes copyrighted material of insurance Services Office, Inc , with its permission Li -Cu -424-H CW (10/21) Page 4 of 6 Attachment Code D618547 Master ID 1486517, Ceitrficate ID 17197350 This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or loss' arises out of operations contemplated by such contract This waiver only applies to the person or organization designated in the contract P Employee Hired Autos - Physical Damage Paragraph b of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contractor written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you However, any "auto" that is leased, hired, rented or borrowed with a dnver a not a covered "auto" 0 Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition However, we will not deny coverage under this Coverage Form if you unintentionally (1) Fail to disclose any hazards existing at the inception date of this Coverage Form, or (2) Make an error, omission, improper description of "autos" or other misstatement of information You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy R Hired Auto — World Wide Coverage Paragraph 7 b (5) of the Policy Period, Coverage Territory Condition is replaced by the following (5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time Mental anguish means any type of mental or emotional illness or disease T Expected Or Intended injury The Expected Or Intended Injury Exclusion In Paragraph B Exclusions under Section It — Covered Auto Liability Coverage is replaced by the following Expected Or intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured" This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property U Physical Damage —Additional Temporary Transportation Expense Coverage Paragraph A 4 a of Section III — Physical Damage Coverage is replaced by the following 4 Coverage Extensions a Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type 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, Includes copyrighted material of Insurance Services Office, Inc , with its permission U -CA -424-H CW (10/21) Page 5 of 6 Attachment Code D618547 Master ID 1486517, Certificate ID 17197350 V Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A Coverage of the Physical Damage Coverage Section In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500 The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement To qualify as a hybnd "auto", the "auto' must be powered by a conventional gasoline engine and another source of propulsion power The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source W Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Secton If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you We will pay only for those covered 'autos' for which you carry either Comprehensive or Specified Causes of Loss Coverage All other terms, conditions, provisions and exclusions of this policy remain the same Includes copyrighted material of Insurance Services Office, Inc , with its permission U -CA -424-H CW (10121) Page 6 of 6 Contract Form Entity Information Entity Name* Entity ID* LUMINB TRANSPORTATION @00043272 TECHNOLOGIES LLC Contract Name* TRAFFIC SIGNAL MAINTENANCE BID B24001 5 5 Contract Status CTB REVIEW I_) New Entity? Contract ID 9027 Contract Lead * KHETTINGER Contract Lead Email khettinger@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * TRAFFIC SIGNAL MAINTENANCE FOR THE INTERSECTION OF WCR 60.5 AND WCR 47 AS WELL AS MAINTENANCE OF TRAFFIC CONFLICT WARNING SYSTEMS TO BE INSTALLED AT WCR 17 AND WCR 38. 1 YEAR CONTRACT RENEWABLE FOR 2 ADDITIONAL YEARS BEGINNING IN JANUARY 2025. Contract Description 2 Contract Type * CONTRACT Amount * $15,000.00 Renewable * YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney BYRON HOWELL County Attorney Email BHOWELL@WELD.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date * 01 /27/2025 Due Date 01/23/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/REP #* B2400155 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver CONSENT Approval Process Department Head .CURTIS HALL DH Approved Date 01/17/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 01/22/2025 Review Date * 1 1 /03/2025 Committed Delivery Date Contact Type Contact Email Finance Approver CONSENT Renewal Date* 01/09/2026 Expiration Date Contact Phone 1 Purchasing Approved Date 01/17/2025 Finance Approved Date 01/17/2025 Tyler Ref # AG 012225 Originator KHETTINGER Legal Counsel CONSENT Contact Phone 2 Legal Counsel Approved Date 01/17,2025 Contract Form Entity Information Entity Name* Entity ID* LUMIN8 TRANSPORTATION @00043272 TECHNOLOGIES LLC Contract Name * TRAFFIC SIGNAL MAINTENANCE BID B24001 5 5 Contract Status CTB REVIEW O Contract ID 9027 Contract Lead * KHETTINGER Contract Lead Email khettinger@weld.gov New Entity? Parent Contract ID Requires Board Approval YES Department Project # Contract Description * TRAFFIC SIGNAL MAINTENANCE FOR THE INTERSECTION OF WCR 60.5 AND WCR 47 AS WELL AS MAINTENANCE OF TRAFFIC CONFLICT WARNING SYSTEMS TO BE INSTALLED AT WCR 17 AND WCR 38. 1 YEAR CONTRACT RENEWABLE FOR 2 ADDITIONAL YEARS BEGINNING IN JANUARY 2025. Contract Description 2 Contract Type * CONTRACT Amount* S15,000.00 Renewable* YES Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- PublicWorks@weld.gov Department Head Email CM-PublicWorks- DeptHead@weld.gov County Attorney BYRON HOWELL County Attorney Email BHOWELL@WELD.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date * 01;'27/2025 Due Date 01/23/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B24001 5 5 Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver TOBY TAYLOR Approval Process Department Head .CURTIS HALL DH Approved Date 01/31/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 02/05/2025 Review Date* 11/03/2025 Committed Delivery Date Contact Type Contact Email Finance Approver CHERYL PATTELLI Renewal Date* 01/09/2026 Expiration Date Contact Phone 1 Purchasing Approved Date 02/03'2025 Finance Approved Date 02/03/2025 Tyler Ref # AG 020525 Originator KHETTINGER Legal Counsel BYRON HOWELL Contact Phone 2 Legal Counsel Approved Date 02/03/2025 MEMORANDUM TO: Board of Commissioners DATE: January 8, 2025 FROM: Curtis Hall, Director of Public Works SUBJECT: Traffic Signal Maintenance Bid, B2400155 The Public Works Department recommends that the Board of County Commissioners award the bid for the Traffic Signal Maintenance Contract to the sole bidder, Lumin8 Transportation Technologies LLC. Lumin8 has previously had the Traffic Signal Maintenance Contract for Public Works. If you have any questions, please contact me at extension 3721. I/3 WELD COUNTY PURCHASING 1301 N 17TH Avenue, Greeley, CO 80631 E-mail: reverettaweldgov.com E-mail: caeisert8weldgov.com E-mail: ttaylor@weldgov.com Phone: (970) 400-4222, 4223, 4454 DATE OF BID: DECEMBER 23, 2024 REQUEST FOR: TRAFFIC SIGNAL MAINTENANCE DEPARTMENT: PUBLIC WORKS BID NO: B2400155 PRESENT: DECEMBER 30, 2024 APPROVAL DATE: JANUARY 13, 2025 VENDORS Lumin8 Transportation Technologies LLC 5920 Lamar Street Arvada, CO 80003 Lighthouse Transportation Group, LLC (Non -responsive) 11861 Bradburn Blvd. Westminster, CO 80031 PUBLIC WORKS WILL BE REVIEWING THE PROPOSALS. 2024-3403 i z i3o EC -10C2_ Hello