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Home My WebLink About20233097.tiffConT1 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & DS CONSTRUCTORS LLC PUBLIC WORKS WEEDS BUILDING INSULATION REPLACEMENT PROJECT TI -HS AGREEMENT is made and entered into this 4day of liNeVytigesV , 2023, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and DS Constructors, LLC hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2300191. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. c,onval-� ll/a4-13 2cz3--3°91 BC 0025 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Facilities Department or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $71,732.00, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person; $1,000,000 for bodily injury for each accident; and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors where: (1) the Work includes Construction Surveying and/or Survey Monumentation and/or (2) plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to (a) Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, (b) Mix designs, (c) Contractor performed design work as required by the plans and Specifications, (d) Change Orders, or (e) Approved Value Engineering Proposals. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Builders' Risk Insurance or Installation Floater — Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. 1) The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. 2) Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. 3) The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project. 4) The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 year floodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. 5) The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. 6) Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). 7) The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Caleb Bussard Position: Address: 903 N. Cleveland Ave. Suite 100 Address: Loveland, CO 80537 E-mail: cbussard@dsconstructors.com Phone: 970-635-3534 County: Name: Toby Taylor Position: Facilities Director Address: 1105 H Street Address: Greeley, CO. 80632 E-mail: ttaylor Nweldgov.com Phone: 970-400-2021 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 32. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary 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 A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: DS Constructors, LLC By: Name: r Title: -\-._c-5%.NE_I\T--- WELD COUNTY: ATTEST: C.( 4) Weld a ty Clerk to the B BY: Deputy Clerk t he Beard t 7f Date of ig nature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair Landmark Bundare 3BI2 Careen Ave Even≤, Colorado, Bob. 1. -2CT. DRRWwconne. WELD COUNTY PUBLIC WORKS GREELEY, COLORADO WEED CONTROL 6UILDING eoaa.a 1/411 = 11,011 DATE. dlHL 11 ZOI DRAWDIG No 1.. SOUTH ELEVATION a co acs UJ_ W m EAST ELEVATION fi r WEST ELEVATION NORTH ELEVATION II z ' c= Landmark � Builders 3812 Carson Ave Evans, Colorodo, 80620 DRAWING YIYI0 WELD COUNTY PUBLIC WORKS GREELEY, COLORADO WEED CONTROL HUILDIN6 ELECTRICAL PLAN scus /4" 1'—0" DATE JUNE 2, IOM DRAWING No Gov DRANO TIRE, Landmark 3812 Corson Ave Evans, Colorado, Do.° PROJR07, WELD COUNTY PUBLIC WORKS GREELEY, COLORADO WEED CONTROL BUILDING FLOOR PLAN 74' = 11—0" DATE ...E 44 2001 DRAWING No im w. P1 I -Ts m � CTl �r0 Pzo H co 00 ii Wolff !. M h l9J .Z{ X 08 .8.E ( B 'M w m I f X tlE .oa I Y 1 3Tt6 3dAl 3'ff103HJS ON�I1Q0�� J„ » w.uee�., 1 tm,vaw A.• a � � r.+Y.. Rc he�a,.a 4AvudA a G+.W uN,C [ V - old `per Ina„ ,cn 69 P>•� N tun up ..'AWI +N M vtef Ou olv» JmnnN'f .x9 4`47q A09.Cnh V1n4�uY Dn` ppJ WVI '{I✓w Gt In a /Jpx 1. N6.uil vn3n B� letsvvd 9r9v wadu tl4ZStl ! r li318YUd 88a9v 1YOIdAl �5d H318Y1d v9L9v 7YOIdA1 41 BYtid et9Y Ti V N8'SI a BZSV V :r "'DT+, +5 Exhibit B SCOPE OF WORK Weld County Public Works Weeds Building Insulation Replacement PROJECT OVERVIEW: Weld County is seeking lump sum bids for the removal and replacement of the vapor barrier and metal building insulation at the Weld County Public Works Weeds Building. Public Works Weeds Building is located at 1111 H Street, Greeley Colorado. METHOD OF PROCUREMENT: Request for Bid (RFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an RFB the contract. PROJECT SCOPE: The scope of this project is for the complete removal and replacement of approximately 2,250 square feet of wall insulation and vapor barrier, and 4,320 square feet of roof insulation and vapor barrier. Current vapor barrier and insulation have deteriorated and are no longer serving their intended purpose. ATTACHMENTS: ➢ Attachment A: Weld County Project Documents ➢ Attachment B: Existing As-Builts PDF Drawings 1. Contractor will be responsible for procuring and executing all scopes of work as outlined and specified in the projects contract documents that have been provided during this bid request per the attachments outlined above and this scope of work. This will include but not be limited to all labor, materials, and equipment to complete the total scope of work. It is the contractor's responsibility at the time of bid submission to ensure that all project specifications and requirements have been included per the project documents provided. PROJECT SPECIFIC TERMS AND CONDITIONS: 1. All submittals will need to be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Any modifications to the existing space and or tie ins that may be needed are the contractor's responsibility and must be included with their bid. This shall include but not limited to the removal and replacement of framing, liner panels, and mechanical or electrical equipment that may be needed to remove and replace the metal building insulation and vapor barrier as outlined in this request for bid. 3. Contractor is responsible for all material handling and deliveries. Weld County will not accept any deliveries made to the building. The contractor will use the work area(s) for any onsite storage that may be needed. BID REQUEST #B2300191 Page 9 4. All vapor barrier and metal building insulation above the interior existing liner panels is to be removed and replaced. 5. All vapor barrier and metal building insulation in the roof is to be removed and replaced. 6. Insulation must meet the following minimum specifications. a. UL 273, ASTM E84, NFPA 255 b. FHC 25/50 c. ASTM C99, Type 1 d. R. -Value 13 (Walls) / R -Value 30 (Roofs) e. Uniformly textured, inorganic fibrous glass and formed with a formaldehyde -free binding agent. f. Insulation must be mechanically fastened by pinning or strapping. g. Pins must be epoxied onto the existing metal surface. Waffle pins need to be 5" with a push washer to secure insulation without flattening. h. Straps must be 1" width and installed no more than 24" apart. 7. Vapor barrier must meet the following minimum specifications. a. WMP 50, Heavy Duty Vapor Barrier 8. Insulation shall be strapped per manufacturers recommendation. 9. Vapor barrier shall be seamed and sealed per manufacturers recommendation. 10. Vapor barrier shall be white in color. 11. Vapor barrier shall be sealed to the existing interior liner panels. 12. Vapor barrier shall be installed and sealed behind any wall mounted or ceiling mounted equipment. Including but not limited to electrical outlets, piping, pipe penetrations, fans or any other piece of equipment mounted to the walls and or ceiling. 13. The contractor will provide a full-time superintendent or project manager on site while any work is being performed. 14. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal building operations are not interrupted. If at any time Weld County personnel or contractors have to clean or move materials or equipment that were not properly stored the contractor will assume all associated costs. 15. Contractor is to provide cut sheets and submittals for owner's approval to ensure that the new equipment will meet or exceed the capabilities of the removed units. PROJECT CLOSE OUT: 1. Contractor will provide all manufacturer's warranty documentation for all materials. 2. Contractor will provide a detailed report for all craftsmanship and labor warranties. 3. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 4. Contractor will provide formal training as outlined and required by all manufacturer's recommendations, to Weld County's designated staff. 5. Contractor will host a Project Closeout meeting with all contractors, design team, and Weld County personnel associated with this project. WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 2. Any additional work or scope that may result in changes must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 3. Any clarification or information needed from the contractor must be submitted through an RFI for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be BID REQUEST #82300191 Page 10 maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 4. RFI's are only to be sent through the County project manager. RFI responses will be sent from the County project manager to the construction team. Direct submissions to or responses from any other source will not be permitted. If additional resources are needed to clarify or answer an RFI the County project manager will coordinate as needed. 5. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 6. Project will be permitted through Weld County. Fees for Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. Contractor is responsible for the coordination and scheduling of all inspections that are required. The contractor will be responsible for having a qualified representative on site for any inspection. 7. All electrical work will be done by a qualified State licensed electrician. 8. All plumbing work will be done by a qualified State licensed plumber. 9. All mechanical work will be done by a qualified State Licensed technician. 10. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 11. All lifting and hoisting equipment shall be provided by the contractor as needed. 12. Work will comply with all applicable Federal, State, and local laws, ordinances and regulatory requirements. 13. No bid bond is required for this project. 14. Bids over $50,000 will require a payment (100%) and performance (100%) bond. Performance and payment bonds must be submitted using an AIA-A312 bond form. Other bond forms will not be accepted. 15. Retainage in the amount of 5% shall be held on all pay requests until the final acceptance of the project. 16. Contractor will be required to provide Professional Liability Insurance (PLI) and builders risk insurance in the amount of the bid. 17. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. 18. Weld County is a tax-exempt entity. 19. Davis -Bacon and Buy American requirements are NOT required. 20. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing department and is available for viewing upon request. BID REQUEST #B2300191 Page 11 SCHEDULE: 1. Contractor is responsible for providing and maintaining a full project schedule as well as a look ahead schedule throughout the life of this project. Contractor will have an updated project schedule available upon request. Below is the anticipated schedule for this project: Date Of This Bid Advertisement Date Pre -Bid Conference Bid Questions are Due Bids Are Due Bid Award Notice Contract Execution Construction Start Construction Finish September 18, 2023 September 18, 2023 October 2, 2023 October 9, 2023 October 16, 2023 November 1, 2023 November 15, 2023 Immediately upon receipt of signed contract January 31, 2024 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being November 15, 2023. Construction Start: Construction Finish: Provide a cost breakout per each description below: 11/16/2023 01/31/2024 DESCRIPTION COST MATERIALS $ 18,495 $ 24,243 $ 28,994 $ 71,732 LABOR OTHER TOTAL LUMP SUM COST BID REQUEST #82300191 Page 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on October 16.2023: 1) Pages 9 thru 14 of the Bid Specifications/Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications/Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above Items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid It may disqualified. BID REQUEST #B2300191 Page 13 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid No= '1191: 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying Bid sheets. 4. The signed hid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM DS Constructors, LLC BUSINESS ADDRESS 903 N Cleveland Ave Suite 100 BY Caleb Bussard (Please print) DATE 10/16/2023 CITY, Loveland STATE, CO ZIP 80537 TELEPHONE NO (970)635-3534 FAX (970)635 3537 SIGNATURE CODE TAXID# 24-3yl-13aSd E-MAIL cbussard@Dsconstructors.com WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT rNEED TO SEND BACK PAGES I 8 ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller PSRFB0323 BID REQUEST #B≥30019f Page 14 Form ■ ■ -9 (Ray. October 201 a) Department of the Treasury Inferno! Revenue Service 0 tt� ¢ O g C c C fi S S Request for Taxpayer Identification Number and Certification ► Go to www.irsgov/FormW9 for instructions and the latest information. 1 Name (as shown or your incame tax return , N DS Constructors, LLC to on this fine; da not leave this line blank. Give Form to the requester. Do not send to the IRS. 2 nametdisregarded entity name, t from above 3 Check appropriate box for federal lax classification of the person whose name Is entered on line 1. Check only one of th fallowing seven boxes. ❑ individual/sole proprietor or O C Corporation O 5 Corporation O Partnership O Trustfestate single -member LLC Q limited liability company. Enter the tax classification (C=C corporation, 5=5 corporation, P=Partnership) ► S Note: Check the appropriate box in the line above for the tax classification of the single member owner. Do not check LLC it the LLC is classified as a single -member LLC that is disregarded from the owner unless the ownerol the LLC is another LLC that is not disregarded from the owner for U,S, federal tax purposes, Otherwise, a single -member LLC Ihal Is disregarded from the owner should check the appropriate box for the tax classification of Its owner, ❑ Other (see Instructions) 4 Exemptions (codes apply only to certain entities, not individuals; see nstructions or page 3): ernpt payee code lif any) Exemption from FATCA reporting Code (if any) imnert a:tx;,ter lie U.3.) 3 Address (number. sire t, and apt, or suite no.) See instructions, 903 N Cleveland Ave, Ste 100 City, state, and ZIP code Loveland, CO 80537 is name address (opti 7 List account num ophOna Taxpayer Identific Lion Number (TIN) Enter TIN in the appropriate box. The TIN prowled must match the name given on line 1 to avoid backup withholding. For individuals. this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Nate: ff 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. security numbs I I or IEmployer identification number 2 6 3 4 8 B 0 • 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 2.1 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 are 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 I am exempt from FATCA reporting is correct. Cetttfieation instructions, You trust cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest . nd dividends on your tax relum. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of iu: property, cancellation ofd contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividend•, you : re not required to sign the c r fication, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of Here U.S. person ► General Instructions op& Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. 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 security number (SSN), Individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN). or employer identification number (EIN, to report on an infomnation 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. • Farm 1099-INT (interest earned or paid) Date► , f3 • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-t3 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099S (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) • Form 1099-C (canceled debt) • Fenn 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. II 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. vol, No. 13231X Form W-9 (Rev. t0-2078) ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 11 /14/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Olson & Olson Ltd 5655 S. Yosemite St. #200 Greenwood Village CO 80111 PHONE I FAX (Vito Ext): 303-867-2055 (Arc, No): 303-867-2074 ADDRESS: Certl1CateS@Olsonand0lson.Com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Westfield Insurance Company 24112 INSURED 00000/ DS Constructors, LLC INSURER B : Pinnacol Assurance 41190 INSURER C: Columbia Casualty Company 31127 903 N Cleveland Ave, Ste. 100 INSURER D: Loveland CO 80537 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 670388916 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TT LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR CWP5154002 OO2023 OO2024 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 5,000 PERSONAL 8, ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECT DLOC OTHER: PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY CWP5154002 1/1/2023 1/1/2024 COMBINEDSINGLELIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE CWP5154002 1/112023 1/1/2024 EACH OCCURRENCE $2,000,000 AGGREGATE $ 2,000,000 DED I X I RETENTIONS n B ITIgliSCOMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 4130202 1/1/2023 - 1/1/2024 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability Pollution Liability Claims -Made Form 2088389111 1/1/2023 1/1/2024 Per Claim Aggregate 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County Plublic Works Weeds Building Insulation ACCORDANCE WITH THE POLICY PROVISIONS. Replacement 1111 H Street AUTHORIZED REPRESENTATIVE Greeley CO 80631 rt /t.G!/�►nty -- ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: DSCON-1 LOC #: ACO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Olson & Olson Ltd POLICY NUMBER CARRIER NAIL CODE NAMED INSURED DS Constructors, LLC 903 N Cleveland Ave, Ste. 100 Loveland CO 80537 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE CONTRACTUAL LIABILITY APPLIES PER POLICY TERMS AND CONDITIONS A WRAP EXCLUSION APPLIES PER POLICY TERMS AND CONDITIONS LEASED/RENTED EQUIPMENT POLICY Policy Number: QT6607D85962ATIL23 Policy Effective Date: 1-1-2023 to 1-1-2024 Insurer: Travelers Prop Cas Co of Amer (NAIC # 25674) Limit: $200,000 Deductible: $1,000 Other Coverages: GENERAL LIABILITY: CG2010 Form Attached Includes: Blanket Additional Insured — Ongoing Operations status when required by written contract. CG2037 Form Attached Includes: Blanket Additional Insured — Competed Operations status when required by written contract. CG7137 Form Attached Includes: Blanket Additional Insured for Various Relationships when required by written contract or written agreement. Blanket Primary & Non -Contributory status to Additional insured applies when required by a written contract. Blanket Waiver of Subrogation applies when required by written contract. AUTO LIABILITY: CA7077 Form Attached Includes: Blanket Additional Insured status applies when required by written contract. CA0444 Form Attached Includes: Blanket Waiver of Subrogation applies when required by written contract. WORKERS COMPENSATION WC000313 Form Attached Includes: Blanket Waiver of Subrogation applies when required by written contract. UMBRELLA LIABILITY Umbrella Liability policy is on a follow form basis for the following underlying insurance coverages: General Liability, Automobile Liability and Employers Liability. PROFESSIONAL/POLLUTION LIABILITY: CNA90786XX Form Attached Includes: Blanket Additional Insured status when required by written contract or written agreement for Pollution Liability. Blanket Primary & Non -Contributory status to Additional insured applies when required by a written contractor written agreement for Pollution Liability. CNA83662XX Form Attached Includes: Blanket Waiver of Subrogation applies when required by written contract for Professional and Pollution Liability. IMPORTANT: The policy forms referenced 511 50 sent via email only. To obtain copies, please send your request with the email address to certificates@olsonandolson.com Bid Pkg # B2300191 Weld County Public Works Weeds Building Insulation Replacement Additional Insured: Weld County, Colorado, its elected officials, and its employees ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All persons or organizations when you have agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured. All Locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and adver- tising injury" 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 oper- ations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent per- mitted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or "property damage" occurring after: Insurance Services Office, vc., 2018 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the ap- plicable limits of insurance. CG 20 10 12 19 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) And Description Of Covered Operations All persons or organizations when you have agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured. All Locations nformation required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig- nated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent per- mitted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the Insurance Services Office, Inc., 2018 contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the ap- plicable limits of insurance. CG 20 37 12 19 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY CONTRACTORS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details effecting each coverage please refer to the terms and condi- tions in this endorsement. A. Expected or Intended Injury • Reasonable force B. Liquor Liability Coverage Extension C. Non -Owned Watercraft • Increased to 60 feet D. Non -Owned Aircraft E. Damage To Property - Borrowed Equipment F. Damage To Premises Rented To You G. Personal And Advertising Injury • Contractual Personal and Advertising Injury . Exclusions H. Supplementary Payments • Bail Bonds - $2,500 • Loss of Earnings - $1,000 I. Additional Insureds - Automatic Status • State or Governmental Agency or Subdivision or Political Subdivision Controling Interest • Managers or Lessors of Premises • Mortgagee, Assignee or Receiver • Owners or Other Interests From Whom Land Has Been Leased • Co -Owners of Insured Premises • Lessor of Leased Equipment J. Who Is An Insured broadened • Joint Ventures / Partnership / Limited Liability Company • Health Care Professionals (Incidental Medical Malpractice) • Individual Owners of Building are Insured's • Newly Formed or Acquired Entities K. Knowledge and Notice of Occurrence L. Other Insurance Condition Amended M. Unintentional Failure To Disclose Hazards N. Waiver of Transfer Of Rights Of Recovery Against Others To Us - Automatic Status O. Liberalization P. Definitions • Bodily Injury redefined • Insured Contract redefined • Expanded Personal and Advertising Injury definition A. EXPECTED OR INTENDED INJURY Under SECTION 1, COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE exclusion a. is replaced with the following: a. Expected Or Intended Injury "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This ex- clusion does not apply to "bodily in- jury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property. CG 7137 12 17 Page 1 of 7 B. LIQUOR LIABILITY COVERAGE EXTENSION SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions c. Liquor Li- ability is deleted. C. NON -OWNED WATERCRAFT Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions g.2(a) is re- placed with the following: (a) Less than 60 feet long; and D. NON -OWNED AIRCRAFT Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions g. Aircraft, Auto or Watercraft, the following is added: (6) An aircraft you do not own pro- vided that: (a) The pilot in command holds a currently effective certif- icate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; (b) It is rented with a trained, paid crew; and (c) It does not transport per- sons or cargo for a charge. E. DAMAGE TO PROPERTY - BORROWED EQUIPMENT Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions j. is deleted and replaced by the following: j. Damage To Property: (1) Property you own, rent or oc- cupy; (2) Premises you sell, give away or abandon, if the "property dam- age" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the in- sured; (5) That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing op- erations, if the "property dam- age" arises out of those operations; or (6) That particular part of any real property that must be restored, replaced, or repaired because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to: (i) "property damage" to tools or equipment loaned to you if the tools or equipment are not being used to per- form operations at the time of loss; or (ii) "property damage" (other than damage by fire) to premises rented to you or temporarily occupied to you with the permission of the owner or to the con- tents of premises rented to you for a pe- riod of seven (7) or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as de- scribed in Section III - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were not occupied, rented or held for rental by you beyond one year from the date "your work" was completed. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." F. DAMAGE TO PREMISES RENTED TO YOU Under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions, the last para- graph of Item 2. Exclusions is replaced with the following: Exclusion c. through n. do not apply to dam- age by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - LIMITS OF INSUR- ANCE. CG 7137 12 17 Page 2 of 7 G. PERSONAL AND ADVERTISING INJURY Under SECTION 1, COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LI- ABILITY, Item 2. Exclusions e. Contractual Liability is deleted. Under SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LI- ABILITY, the following are added to Item 2. Exclusions: q. Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. r. Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. H. SUPPLEMENTARY PAYMENTS Under SECTION I - SUPPLEMENTARY PAY- MENTS COVERAGES A AND B, item 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the "Bodily Injury" Liability Coverage applies. We do not have to furnish these bonds. Under SECTION I - SUPPLEMENTARY PAY- MENTS COVERAGES A AND B, item 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. I. ADDITIONAL INSUREDS - AUTOMATIC STA- TUS SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs a. through g. below whom you are required to add as an addi- tional insured on this policy under a written contract or written agreement. However the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of the policy; and 2. Executed prior to the "bodily injury", "property damage" or "personal injury and advertising injury", but Only the following persons or organizations are additional insureds under this endorse- ment and coverage provided to such addi- tional insureds is limited as provided herein: State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or govern- mental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies; (a) The existence, repair main- tenance, erection, con- struction, or removal of advertising signs, awnings canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar ex- posures; or (b) The construction, erection, or removal of elevators. (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or poli- tical subdivision has issued a permit or authorization. This insurance does not apply to "bodily injury", "property dam- age" or "personal and advertis- ing injury" arising out of operations performed for the federal government, state or municipality. b. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclu- sions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or CG 7137 12 17 Page 3 of 7 (2) Structural alterations, new con- struction or demolition oper- ations performed by or on behalf of such additional in- sured. c. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new con- struction or demolition operations performed by or for such additional insured. d. Owners Or Other Interests From Whom Land Has Been Leased An owner or other interest from who land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the fol- lowing additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new con- struction or demolition oper- ations performed by or on behalf of such additional in- sured. e. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this in- surance but only with respect to the co -owners liability as co-owner of such premises. f. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, op- eration or use by you of equipment leased to you by such person or or- ganization. A person's or organization's status as an insured under this endorse- ment ends when their written con- tract or written agreement with you for such leased equipment ends. With respect to the insurance af- forded these additional insureds, the following exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the sole negligence of such ad- ditional insured. Any insurance provided to an addi- tional insured designated under par- agraphs a. through f. above does not apply to "bodily injury" or "property damage" included within the "pro- ducts -completed operations hazard". As respects the coverage provided under this provision, Paragraph 4.b.(1) of Section IV - Commercial General Liability Conditions is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance (1) This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, con- tingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and non-contributing. Where re- quired by written contractor written agreement, we will con- sider any other insurance main- tained by the additional insured for injury or damage covered by this endorsement to be excess and non-contributing with this insurance. J. WHO IS AN INSURED BROADENED Under SECTION II - WHO IS AN INSURED the following is added to item 1: f. Joint Ventures / Partnership / Lim- ited Liability Company Coverage You are an insured when you had an Interest in a joint venture, partner- ship or limited liability company which is terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This cov- erage does not apply: (1) Prior to the termination date of any joint venture, limited liability company or partnership; or CG 7137 12 17 Page 4 of 7 (2) If there is other valid and collectible insurance purchased specifically to insure the joint venture, legal liability company or partnership. Under SECTION II - WHO IS AN INSURED, 2.a.(1)(d) is deleted and replaced with the fol- lowing: (d) Arising out of his or her providing or failing to pro- vide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics employed by you to provide health care services, but only if you are not in the business or occupation of providing such professional services. Under SECTION II - WHO IS AN INSURED the following is added: 4. For COVERAGE A and COVERAGE B only, the owner of any building leased to you, but only if the building owner is a shareholder in your corporation or a partner in your partnership insured by this policy, and only with respect to li- ability arising out of the ownership, maintenance or use of that part of the premises leased to you. However, this insurance does not apply: To any "occurrence" or offense which takes place after you cease to be a tenant in the premises; or b. To structural alterations, new con- struction or demolition operations performed by or on behalf of the building owner. Under SECTION II - WHO IS AN INSURED, 3.a. is deleted and replaced with the following: a. Coverage under this provision is af- forded only until the end of the policy period or the next anniversary of this policy's effective date after you ac- quire or form the organization whichever is earlier. Under SECTION II - WHO IS AN INSURED the last paragraph in this section is deleted and replaced with the following: Except as provided in 3. above, no per- son or organization is an insured with respect to the conduct of any current or past joint venture, limited liability com- pany or partnership that is not shown as a named insured in the Declarations. K. KNOWLEDGE AND NOTICE OF OCCURRENCE Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties in the Event of Occurrence, Offense, Claim Or Suit, the following is added: e. The requirement in Condition 2.a. applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partner- ship; (3) An "executive officer" or insur- ance manager, if you are a cor- poration; or (4) A manager, if you are a limited liability company. f. The requirement in Condition 2.b. will not be breached unless the breach occurs after such claim or "suit" is known to: 9. (1) You, if you are an individual; (2) A partner, if you are a partner- ship; (3) An "executive officer" or insur- ance manager, if you are a cor- poration; or (4) A manager, if you are a limited liability company. Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim, or "suit" and that failure is solely due to your reason- able belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim, or "suit" to us as soon as you are aware this insurance may apply to such "occurrence," offense, claim or "suit." L. OTHER INSURANCE CONDITION AMENDED When required by written contract with any additional insured owner, lessee, or contrac- tor to provide insurance on a primary and noncontributory basis, Condition 4 of Section IV - Commercial General Liability Conditions is deleted and replaced by the following: 4. Other Insurance If other valid and collectible insurance is available for a loss we cover under Cov- erage A or B of this Coverage Part, our obligations are limited as follows: CG 7137 12 17 Page 5 of 7 Primary Insurance This insurance is primary and non- contributory except when b. below applies. b. Excess Insurance This insurance is excess over any of the other insurance, whether pri- mary, excess, contingent, or on any other basis: (1) That is Fire, Extended Coverage, Builders Risk, Installation Risk, or similar coverage for your work; (2) That is Fire insurance for prem- ises rented to you or temporar- ily occupied by you with permission of the owner; or (3) If the loss arises out of the maintenance or use of aircraft, "autos," or watercraft to the ex- tent not subject to Exclusion g. of Section I - Coverage A. (4) If the loss is caused by the sole negligence of any additional in- sured, owner, lessee, or con- tractor. When this insurance is excess, we will have no duty under Coverage A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other defends, we will undertake to do so, but we will be entitled to the other insured's rights against all those other insur- ers. When this insurance is excess over other insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductibles and self -insured amounts under all that other insurance. We will share the remaining loss, if any with any other insurance that is not described in this Excess Insur- ance provision and was not bought specifically to apply in excess of the limits of Insurance shown in the declarations of this Coverage Part. M. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 6. Representa- tions, the following is added: d. Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided such failure to disclose all hazards or prior "oc- currences" is not intentional. N. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US - AUTO- MATIC STATUS Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 8. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: We waive any right of recovery we may have against any person or organization with re- spect to which the insured has waived its right of recovery. It is further agreed that work commenced un- der letter of intent or work order, subject to subsequent reduction to writing, with cus- tomers whose customary written contracts would require a waiver of recovery rights against them also falls within this blanket waiver of recovery rights. O. LIBERALIZATION If we adopt a change in our forms or rules which would broaden coverage for contrac- tors under this coverage form without an ad- ditional premium charge, your policy will automatically provide the additional cover- age's as of the date the broadened coverage is effective in your state. P. DEFINITIONS Under SECTION V - DEFINITIONS, item 3. is deleted and replaced with the following: 3. "Bodily Injury" means bodily injury, disa- bility, sickness, or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". Under SECTION V - DEFINITIONS, item 9. is deleted and replaced with the following: 9. "Insured Contract" means: A contract for a lease of premises. However, that portion of the contract for a lease of premises that indem- nifies any person or organization for damage by fire to premises while rented to you or temporarily occu- pied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; CG 7137 12 17 Page 6 of 7 d. An obligation, as required by ordi- nance, to indemnify a municipality, except in connection with work for a municipality; An elevator maintenance agree- ment; f. That part of any other contract or agreement pertaining to your busi- ness (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort li- ability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer, or survey or for injury or damage arising out of: (a) Preparing, approving or failing to prepare or ap- prove, maps, shop drawings, opinions, reports, surveys, held orders, change orders or drawings and specifications; or (b) Giving directions or in- structions, or failing to give them, if that is the primary cause of the injury or dam- age; or (2) Under which the insured if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sureds rendering or failure to render professional services in- cluding those listed in (1) above and supervisory, inspection, ar- chitectural or engineering, ac- tivities. Under SECTION V - DEFINITIONS, item 14. the following is added to the definition of "Personal and advertising injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such dis- crimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer", director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; (2) Not directly or indirectly related to the employment, prospective em- ployment, past employment or ter- mination of employment of any person or persons by any insured. CG 7137 12 17 Page 7 of 7 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PR0DUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contra ry: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance avail- able to an additional insured under your pol- icy provided that: ,surznce Sew.. OM., Inc (1) The additional insured is a Named In- sured under such other insurance, and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contrite ution tram any other insurance available to the additional Insured. CG 20 01 12 19 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details affecting each coverage, please refer to the terms and condi- tions in this endorsement. A. Who Is An Insured broadened: • Additional Insured by Contract, Agreement or Permit • Legally Incorporated Subsidiaries • Newly Acquired Organizations B. Supplementary Payments • Bail Bonds - $5000 • Loss of Earnings - $500 C. Fellow Employee Exclusion Amendment D. Coverage Extensions • Transportation Expenses • Personal Effects (Excess Basis) E. Additional Coverages • Expenses paid for returning a stolen covered auto • Fire Department Service Charge F. Airbag Coverage - Accidental Discharge G. Glass Repair - Waiver of Deductible H. Knowledge and Notice of an Accident, Claim or Suit I. Unintentional Failure To Disclose Hazards J. Worldwide Coverage K. Definitions • Bodily Injury Redefined In addition to the policy amendments contained in A. through K. listed above, the endorsements listed below will automatically be attached to your policy to complete the coverage provided by the Signature Series Business Auto Endorsement: • Audio, Visual and Data Electronic Equipment Coverage Added Limits - CA 99 60 • Auto Loan/Lease Gap Coverage - CA 20 71 • Drive Other Car Coverage - Broadened Coverage For Named Individuals (Executive Officers/Spouses) - CA 99 10 • Employee Hired Autos - CA 20 54 • Employees As Insureds - CA 99 33 • Hired Auto Physical Damage (Refer to Auto Declarations page) • Rental Reimbursement Coverage - CA 99 23 • Waiver of Transfer of Rights of Recovery (Waiver of Subrogation) - CA 04 44 A. WHO IS AN INSURED BROADENED SECTION II - COVERED AUTOS LIABILITY COVERAGE, item A. Coverage, 1. Who Is An Insured is amended to include the following additional paragraphs: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the ef- fective date of this endorsement. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limit of insurance. CA 70 77 10 13 Page 1 of 3 Coverage under this provision is af- forded only for the first 180 days af- ter you acquire or form the organization or until the end of the policy period, whichever comes first. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or a majority in- terest. However, coverage under this provision: (1) Does not apply if the organiza- tion you acquire or form is an "insured" under another auto li- ability policy or would be "in- sured" under such a policy but for its termination or the ex- haustion of its limits of insur- ance; (2) Does not apply to "bodily injury" or "property damage" that oc- curred before you acquired or formed the organization; and (3) Is afforded only for the first 180 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization with whom you agreed in writing in a contract, agreement or permit, to provide insurance such as is af- forded under this policy. This provision only applies if the written contract or agreement has been executed or permit has been issued, prior to the "bodily injury" or "property damage". B. SUPPLEMENTAL PAYMENTS SECTION II - COVERED AUTOS LIABILITY COVERAGE, item A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, sub- paragraphs (2) and (4) are deleted and re- placed with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for re- lated traffic law violations) re- quired because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses in- curred by the "insured" at our request, including actual loss of earnings up to $500 per day be- cause of time off from work. C. FELLOW EMPLOYEE EXCLUSION AMEND- MENT SECTION II - COVERED AUTOS LIABILITY COVERAGE, item B. Exclusions, 5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. D. COVERAGE EXTENSIONS SECTION III - PHYSICAL DAMAGE COVER- AGE, Item A. Coverage, 4. Coverage Exten- sions, a. Transportation Expenses is replaced with the following: Transportation Expenses We will pay up to $100 per day to a maximum of $1,800 for transporta- tion expense incurred by you be- cause 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 transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". The following is added to Item 4. Cover- age Extensions: c. Personal Effects We will pay up to $500 for the "loss" of your personal effects that are contained in a covered "auto" due to the total theft of the covered "auto." We will pay only for those personal effects that are contained in covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. Our payment for "loss" of or damage to personal effects will apply only on an excess basis over other collect- ible insurance. E. ADDITIONAL COVERAGES SECTION III - PHYSICAL DAMAGE COVER- AGE, A. Coverage, is amended to include the following additional coverage items: 5. We will pay the expense of returning a stolen covered "auto" to you. 6. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equip- ment, its contents or occupants from a Covered Cause Of Loss, we will pay up to $1,000 for your liability for Fire De- partment Service Charges: CA 70 77 10 13 Page 2 of 3 (a) Assumed by contract or agreement prior to loss; or (b) Required by local ordinance. No deductible applies to this additional coverage. F. AIRBAG COVERAGE - ACCIDENTAL DIS- CHARGE SECTION III - PHYSICAL DAMAGE COVER- AGE, Item B. Exclusions, subparagraph 3.a. is deleted and replaced with the following: a. Wear and tear, freezing, mechanical or electrical breakdown. Mechanical breakdown does not ap- ply to the accidental discharge of an airbag. G. GLASS REPAIR - WAIVER OF DEDUCTIBLE SECTION III - PHYSICAL DAMAGE COVER- AGE, item D. Deductible the following para- graph is added: No deductible shall apply to glass dam- age if the glass is repaired rather than replaced. H. KNOWLEDGE AND NOTICE OF AN ACCI- DENT, CLAIM OR SUIT SECTION IV - BUSINESS AUTO CONDITIONS, Item A. Loss Conditions is amended as fol- lows: Subparagraph a. under Item 2. Duties In The Event Of Accident, Claim, Suit Or Loss, is amended to include the following paragraphs: This requirement applies when the "accident," claim, "suit" or "loss" is first known to: (1) You, if you are an individual; (2) A partner, if you are a partner- ship; or (3) An executive officer or insur- ance manager, if you are a cor- poration. Subparagraph b.(2) under 2. Duties In The Event Of Accident, Claim, Suit Or Loss is amended as follows: (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit." Your employees may know of documents received concerning a claim or "suit". This will not mean that you have such know- ledge, unless receipt of such documents is known to you, any of your executive officers or partners or your insurance manager. I. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 2. Concealment, Misrepresentation Or Fraud is amended to include the following additional paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. J. WORLDWIDE COVERAGE Under SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, subparagraph (5) is deleted and replaced with the following: (5) Anywhere in the world, if: (a) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and (b) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, Puerto Rio or Canada or in a settlement we agree to. (c) If, for such "autos" a "suit" is brought outside the territory de- scribed in 7.(1) through 7.(4) above, we will reimburse the insured for defense expenses incurred with our written con- sent, but we will make no pay- ment, nor will we reimburse the insured for damages. K. DEFINITIONS Under SECTION V - DEFINITIONS, Item C. is replaced by the following: C. "Bodily injury" means bodily injury, sick- ness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". CA 70 77 10 13 Page 3 of 3 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply un- less modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Automatic Status when required by Contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Sched- ule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. © Insurance Services Office, Inc., 2011 CA 04 44 10 13 PINK ICOL ASSURANCE 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com DS Constructors LLC 3780 N Garfield Ave Ste 206 Loveland, CO 80538 ENDORSEMENT: Blanket Waiver of Subrogation NCCI #: WC000313B Policy #: 4130202 Olson and Olson Insurance Services, 5655 S. Yosemite St. Suite 200 Greenwood Village, CO 80111 (303) 867-2055 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date:January 1, 2023 Expires on: January 1, 2024 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P DORSEYR - Underwriter 4130202 59090178 359-B 1111111111111111111111111111111111111111111111111 CNA SUBROGATION AMENDMENT ENDORSEMENT CNA83662XX (Ed. 10-15) It is understood and agreed that the Section of the Policy entitled CONDITIONS, the Condition entitled Subrogation, is deleted in its entirety and replaced by the following: Subrogation If any of you have rights to recover amounts from another, those rights are transferred to us to the extent of our payment. You must do everything necessary to secure these rights and must do nothing after a claim is made to jeopardize them. We hereby waive subrogation rights against any person or organization with whom the Named Insured has made a written agreement, prior to a claim or circumstance, to waive such rights, to the extent provided in such agreement. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA83662XX (Ed. 10-15) Page 1 of 1 Policy No: Endorsement No: Effective Date: Insured Name: Copyright, CNA All Rights Reserved. 5002000 20883891 3263 CNA CNA90786XX (Ed. 12-17) ADDITIONAL INSURED WITH PRIMARY/NON CONTRIBUTORY PROVISION ENDORSEMENT It is understood and agreed that the Policy is amended as follows: The Section of the Policy entitled COVERAGE, the sub -section entitled DEFENSE & SETTLEMENT is amended by the addition of the following: Additional Insured with Primary/Non-Contributory Provision We also have the right and duty to defend a claim against any person or organization whom you are required to add as an additional insured under this Policy under a written contract or written agreement, provided such contract or agreement: A. is currently in effect or becomes effective during the term of this policy; B. was executed prior to the bodily injury or property damage for which such additional insured seeks coverage; and C. expressly requires making the person or organization an additional insured for pollution coverage such as is provided by this policy. II. The insurance provided to the additional insured is limited as follows: A. The person or organization is an additional insured only with respect to liability for bodily injury or property damage: 1. caused entirely by your negligent acts or omissions or those of others working on your behalf; and 2. for which you would be covered under this policy, if the claim had been brought against you. B. If defense of such a claim results in the additional insured's legal obligation to pay compensatory damages for bodily injury or property damage described in paragraph 2.a. above, then subject to all of the terms and conditions of this policy, we will pay such damages in excess of the self -insured retention up to the applicable Limit of Liability. C. This insurance is excess of all other insurance available to the additional insured, whether on a primary, excess, contingent or any other basis. But if required by written contract or agreement to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. Any coverage granted by this provision shall apply only to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. CNA90786XX (12-17) Page 1 of 1 Insured Name: Policy No: Endorsement No: Effective Date: Copyright, CNA All Rights Reserved. tract Entity Information Entity Name* DS CONSTRUCTORS LLC Entity ID* @00033794 Contract Name * PUBLIC WORKS WEEDS BUILDING INSULATION REPLACEMENT Contract Status CTB REVIEW O New Entity? Contract ID 7577 Contract Lead * SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;Iredfern@weldgov.com Contract Description * REPLACE THE INSULATION IN THE PUBLIC WORKS WEEDS BUILDING Contract Description 2 Contract Type * CONTRACT Amount* $71,732.00 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 11/09/2023 11/13/2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2300191 If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 12/02/2024 Committed Delivery Date Renewal Date Expiration Date* 12/02/2024 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date TOBY TAYLOR 11/20/2023 Approval Process Department Head Finance Approver Legal Counsel CURTIS NAIBAUER CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 11/15/2023 11/15/2023 11/17/2023 Final Approval BOCC Approved Tyler Ref # AG 112223 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 11/22/2023 October 26, 2023 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Public Works Weeds Building Insulation Replacement - B2300191 As advertised this bid is for the removal and replacement of the insulation system at the Public Works Weeds Building. The low bid is from DS Constructors, LLC and meets specifications. Therefore, the Facilities Department is recommending the award to DS Constructors, LLC. in the amount of $71,732.00. If you have any questions, please contact meat extension 2023. Sincerely, Toby Taylor Director l VI Z6Z3-3o91 BG25 DATE OF BID: OCTOBER 13, 2023 REQUEST FOR: PUBLIC WORKS WEEDS BUILDING INSULATION REPLACEMENT DEPARTMENT: FACILITIES BID NO: B2300191 PRESENT DATE: OCTOBER 18, 2023 APPROVAL DATE: NOVEMBER 1, 2023 VENDOR DS CONSTRUCTORS, LLC 903 N. CLEVELAND AVENUE, SUITE 100 LOVELAND, CO 80537 GROWLING BEAR CO. INC. 2330 4TH AVENUE GREELEY, CO 80631 WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett($,weldgov. com cgeisertc5ii.weldgov.com Phone: (970) 400-4222 or 4223 START FINISH DATE DATE TOTAL 11/16/2023 1/31/2024 $71,732.00 11/30/2023 3/31/2024 $92,118.00 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. 2023-3097 lbA g �GOOZ.5 Hello