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Home My WebLink About20232467.tiffCon-wac-1- ID1 7L --E 13 PROFESSIONAL SERVICE AGREEMENT BETWEEN WELD COUNTY AND COLORADO STANDBY, LLC GENERATOR MAINTENANCE -VARIOUS LOCATIONS THIS AGREEMENT is made and entered into this aday of ()eh bV , 2023 by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and Colorado Standby, LLC, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing and has the specific ability, qualifications, and time to perform the required 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 services as set forth below. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) or Request for Proposal (REP) as set forth in Bid Package No. B2300168. Exhibit B consists of Contractor's Response to County's Request. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and 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 conS2rrl- nSenoto- 1 0/23/23 cei:)0 ,071z,,a..., 6-) m#61,z zaZ3 -2.44(11 f3C-100Z5 extended upon mutual written agreement of the Parties. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. 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, (I) 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 Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. 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, unless approved and documented otherwise by the County Representative. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement, unless approved and documented otherwise by the County Representative. 6. Compensation. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay Contractor an amount not to exceed 2 $54,875.00 as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County as required pursuant to the Weld County Code. 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 the Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. 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, documents, 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. 3 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 the 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 wilt be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. For work in which Contractor produces a design to be used for construction purposes, Contractor shall carefully check all unit quantities and quantity calculations and shall submit them for County review. If the County experiences additional costs during project construction which are directly associated with errors and omissions (professional negligence) which require change orders to the construction contract resulting in costs greater than the construction contract bid unit costs, Contractor shall be financially liable for such increased costs. 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 and incidental material(s) furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default exists shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 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. 4 a. Types of Insurance. Workers' Compensation / Employer's Liability Insurance as required by state statute, covering all of the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver 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; $1,000,000 general aggregate; $1,000,000 Personal injury $5,000; Medical payment per person. Automobile Liability Insurance: Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Professional Liability (Errors and Omissions Liability). The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. 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. Minimum Limits: $1,000,000 Per Loss; $2,000,000 Aggregate. b. Proofof Insurance. Upon County's request, Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. County may require Contractor to provide a certificate of insurance naming Weld County, 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 their commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. 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 5 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 toss 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 an duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received. 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 6 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 and received by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice may be sent to: TO CONTRACTOR: Name: Brandon Taulango Position: Product Services Manager Address: 720 Seedling Ct. Address: Colorado Springs, CO. 80915 E-mail: brandon.taulango(4coloradostandby.com Phone: 866-888-6111 ext. 714 TO COUNTY: Name: Toby Taylor Position: Director of Facilities Address: 1105 H Street Address: Greeley, CO 80634 E-mail: ttaylor@weldgov.com Phone: 970-400-2020 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, 7 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 state that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 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 requirements) shall survive any such expiration or termination. 25. Severability. If any term or condition ofthis 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-l01 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 ofthis 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. 8 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 or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not 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 subcontract 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 an 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 of 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) shalt 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. 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. 32. 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. 9 Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: Colorado Standby. LLC Name: fja.v+ict✓1 ,uk e7p.2 Title: Datie of Signature WELD CQI T � C� 4 ATTES .,,1 BOARD OF COUNTY COMMISSIONERS Clerk to s oard WELD COUNTY, COLORADO x,020 �a7 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1301 N. 17T" AVENUE GREELEY, CO 80631 DATE: August 4, 2023 BID NUMBER: B2300168 DESCRIPTION: GENERATOR MAINTENANCE DEPARTMENT: FACILITIES MANDATORY PRE -BID CONFERENCE DATE: AUGUST 14, 2023 BID OPENING DATE: AUGUST 21, 2023 1. NOTICE TO BIDDERS: VARIOUS LOCATIONS The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: GENERATOR MAINTENANCE — VARIOUS LOCATIONS A mandatory pre -bid conference will be held on August 14, 2023 at 8:00 AM at the Weld County Facilities Building located at 1105 N. 17th Avenue, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: August 21, 2023 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 21, 2023 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, Fort St. Vrain Meeting Room, 1301 N. 17th Avenue, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 939 705 637# PAGES 1 - 7 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 7 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 7. 2. INVITATION TO BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County: A. Emailed bids are required. PREFERRED: email bids to bids(weldgov.com; however, if your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. B. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including. but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. BID REQUEST #B2300168 Page 2 B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. BID REQUEST #B2300168 Page 3 I Disadvantaged Business Enterprises Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award J Procurement and Performance The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement K Term The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid L Termination County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement M Extension or Modification Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder N Subcontractors The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors O Warranty The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike 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 one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests BID REQUEST # OFICIP Page 4 Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its o bligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee o r hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or u nenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order' authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. BID REQUEST #B2300168 Page 5 X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder 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 successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder 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, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder 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 successful bidder 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 BID REQUEST #B2300168 Page 6 successful bidder for the County A failure to comply with this provision shall result in County's right to immediately terminate this Agreement Types of Insurance The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment Policy shall contain a waiver of subrogation against the County This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act , AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be 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 Automobile Liability Successful bidder 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 Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid Proof of Insurance County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion Additional Insureds For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured Waiver of Subrogation For all coverages, Successful bidder's insurer shall waive subrogation rights against County Subcontractors All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub - vendors suppliers or other entities upon request by the County The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement Those documents are specifically incorporated herein by this reference BID REQUEST Page 7 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Generator Maintenance Various Locations Test OVERVIEW Weld County is seeking proposals for the repair and maintenance of generators that support various buildings and functions throughout the County. SCOPE The scope of this project is to perform the periodic maintenance of generators and to provide emergency on - call services for repair of generators using the scope below: 1. Contractor will be responsible for periodic maintenance. 2. Contractor shall coordinate dates and times for the maintenance Weld County Facilities Department to ensure Weld County can support/escort. 3. Periodic Maintenance inspections will include: A. Ignition system and components will be inspected and replaced as needed. B. The entire equipment will be lubricated, and the oil changed when 1 year have lapsed. C. Fuel system will be inspected for deterioration or rust collection. All fuel filters will be replaced annually. Price of parts shall be included in bid. D. Cooling system will be checked. When replacement of belts and hoses is recommended a quote will be provided. Belts and Hoses shall be replaced every 4 years. Price of parts shall be included in bid. E. All batteries will be checked, cleaned, or replaced every 3 to 4 years as needed. Price of parts shall be included in bid. F. All air cleaners will be inspected and will be replaced every year. Price of parts shall be included in bid. G. Safety shutdown system will be inspected and tested, if present. H. Exhaust system components will be checked for deterioration. I. All instruments will be checked for proper operation. J. The generator will be checked for proper setting and operation. Voltage and frequency will be adjusted, brushes will be inspected, if applicable. K. Automatic transfer switch will be inspected, cleaned, and adjusted as required. L. Exercise on generator will be set to Monday mornings no transfer on most generators. Certain Generator will transfer load once a month Owners discretion. M. Reset and test exercise clock. Check hour meter for proper operation. N. Generator set and transfer switch will be checked and wiped down as needed. O. Weld County staff will be instructed on operation and upkeep procedures to be followed by OWNER between regular calls by CONTRACTOR service personnel. P. After all the above has been completed, Contractor service personnel will run generator set(s) and conduct tests under Owner's load providing Owner makes such load available and it is practical to run the tests concerned. Q. Contractor will submit a report to the Owner of the entire inspection and will advise customer of any repairs needed. R. Contractor will verify proper operation of immersion heaters, block heaters, etc. S. Contractor will perform full load bank testing every two years or when major service is done. BID REQUEST #B2300168 Page 8 T. Work to be done during working hours. 7am to 3:30 Mon.- Fri. Completed within a 3 -week concurrent period in May, June, or July each year. Schedule to be coordinated with a representative from the Facilities Department. 4. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 5. No bid bond is required for this project. 6. All trash and debris to be properly disposed of offsite by Contractor. 7. Weld County is a tax-exempt entity. 8. Contractor will be required to enter a standard Weld County contract for this service. A standard County contract is available through the Weld County Purchasing Department and is available for viewing upon request. 9. The initial annual contract will be from October 1, 2023 through September 30, 2024. 10. Contract may be awarded up to three (3) additional annual increments pending performance, review and approval. SCHEDULE Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Proposals Are Due Bid Award Notice Contract Execution Service Start August 4, 2023 August 4, 2023 August 14, 2023 August 21, 2023 September 6, 2023 September 13, 2023 October 1, 2023 GENERATOR EQUIPMENT & LOCATION & PRICING Below are the list of generator sets and location. Please provide pricing for each annual Periodic Maintenance (PM) service. In addition, provide pricing for each full load bank testing that will occur every two years and/or following major service at request of Weld County. Building Name Unit Location Annual PM Service Price Load Bank Price 35th Tower Unit Unit 1207317 Unit F120356179 Make: Model Serial (200kw Onan #: #: DSGAE- diesel) 3105 Greeley 35th Ave S S 1150 Admin Unit Unit Unit Make: Model Serial Kohler #: 358704 400ROZD 1150 Greeley H St $ $ II: 1551 Dispatch Unit Unit 1335504 Unit Make: Model Serial (250kw Onan #: #: DQDAA- diesel) 1551 Greeley N 17th Ave S $ BID REQUEST #B2300168 Page 9 H130551423 Central Weld School Tower Unit Make Kohler Unit Model # 30REOZJC Unit Serial # 3053736 4977 County Road 59 Keenesburg $ $ Centennial Center Unit Make Kohler Unit Model # 150REOZGC Unit Serial # SGM32BS94 915 10th Street Greeley $ $ 1950 Law Administration Unit Make Onan Unit Model # DSGAC- 2773037 (150kw diesel) Unit Serial # A100082742 1950 O Street Greeley $ $ Coroner Unit Make Generac Unit Model # SD50 (50kw diesel) Unit Serial # 3007785668 1121 M Street Greeley $ $ Cnme Lab Unit Make Onan Unit Model # DSKCA- 1326825 (25kw diesel) Unit Serial # D130495358 2329 115th Ave Greeley $ $ Dacono Shed Unit Make Generac Unit Model # SD60 (60kw diesel) Unit Serial # 3000720296 5510 Hwy 52, Dacono $ $ Evidence Storage Unit Make Generac Unit Model # SD40 (40kw diesel) Unit Serial # 3006189487 2329 115th Ave Greeley $ $ Facilities Unit Make Kohler Unit Model # 10REOD Unit Serial # 2153652 1105 H Street Greeley $ $ Fort Lupton Shed Unit Make Generac Unit Model # SD50 (50kw diesel) Unit Serial # 3000720265 7623 County Road 31 Fort Lupton $ $ Fort Lupton Tower Unit Make Kohler Unit Model # 40REOZJC Unit Serial # SGM32257R 7623 County Road 31 Fort Lupton $ $ Greeley Fuel Site Unit Make Kohler Unit Model # 30RZ82 Unit Serial # 391736 1113 H Street Greeley $ $ BID REQUEST # Page 10 Greeley Water 40REOZJC Unit Unit Unit Make: Model Kohler #: #: 3053785 26997 Greeley 1315` Ave $ $ Tower Serial Grover Shed Unit Unit (12kw Unit Make: Model Serial LP) Generac #: 0058751 #: 7349924 43339 Road Grover 122 County $ $ Grover Unit Unit 20REOZJB Unit Make: Model #: Kohler #: 2064623 1.5 miles County & County 128 Grover west Road Road of 105 $ $ Tower Serial Hazardous Materials North — Unit Unit Unit Make: Model Serial #: Kohler #: 351880 20RZ82 1311 Greeley N 17th Ave $ $ Information Unit Unit 80REOZJB Unit Make: Model Kohler #: #: 2076219 1401 Greeley N 17th Ave $ $ Technology Serial Jail 2 West Unit Unit 1984504 Unit A200709497 Make: Model Serial (45kw Onan #: #: DFEJ- diesel) 2110 Greeley 0 -Street $ $ Jail Phase 1 & 2 Unit Unit (450kw Unit L950594154 Make: Model Serial diesel) #: Onan #: 450BFEC 2110 Greeley 0 Street $ $ Jail Phase 3 Unit Unit (400kw Unit D060915358 Make: Model diesel) Serial Onan #: #: 400DFCE 2110 Greeley 0 St $ $ Kersey Shed Unit Unit (20kw Unit Make: Model Serial LP) Generac #: 0058870 #: 5948511 23636 County Road 54 Kersey $ $ Keota Shed Unit Unit PSS12H4WC Unit Make: Model Serial Winco #: #: 1255Q2607 (12kw LP) 51565 Road Keota County 390 $ $ Kiowa Shed Unit Unit (22kw Unit Make: Model Serial LP) Generac #: 65510 #: 9554317 42649 Roggen HWY 52 $ $ LaSalle Tower Unit Unit Unit Make: Model Serial Kohler #: 150ROZ #: 2049880 18490 LaSalle Weld CR 38 S $ BID REQUEST # B2300168 Page 11 Law Unit Unit 276971020 diesel) Unit Make: Model Serial Generac #: (230kw #: 2070031 1950 Greeley 0 Street S S Administration Grader Ault shed New Tower Raymer Unit Unit (20kw Unit 2149310 Make: Model Serial LP) Dayton #: 4LM3813 #: 3149310 or 64990 New Hwy 14 Raymer $ $ Niwot Unit Unit (36kw Unit B160923376 Make: Model Serial NG) Cummins #: C36 N6 #: 6450 Road Niwot Sommerset S S Tower Nunn Shed Unit Unit QT02524ANNSNA (25kw Unit 3002827936 Make: Model Serial LP) #: Gencrac #: 17065 Road Nunn County 96 S Nunn Unit Unit Unit Make: Model Serial #: Kohler #: 0720958 2ORZ 16059 Road Nunn 100 County $ $ Tower Public Works Unit Unit (60ks Unit Make: Model Serial NG) Onan #: 60ENA #: 1111 Greeley H St S S E930507687 Public Health I100153837 Unit Unit 5663101 Unit Make: Model Serial (100kw Cummins #: DSGAA- diesel) #: 1555 Greeley N 17`h Ave S S Rockport Shed Unit Unit LSAPSSI2-112H4W (12kw Unit Make: Model Serial LP) #: Winco #: 12203F07 13626 Road Carr County 26 S $ Southwest Service Center Unit Unit (80kw Unit 3000729747 Make: Model Serial NG) Generac #: SG080 #: 4290 24 Firestone '/z County Road S S Southwest Unit Unit 40REOZJC Unit SGM3224SM Make: Model Serial Kohler #: #: 4209 24 '/z Firestone County Road $ $ Tower BID REQUEST #B2300168 Page 12 Training Center Unit Unit (100kw Unit D000088159 Make: Model Serial NG) Onan #: GGHD #: 1104 Greeley H Street $ $ Tower Unit Unit (125kw Unit G190615187 Make: Model Serial diesel) Cummins #: #: Spec: C125 D6D A 40800 Road Fort 15 Collins County $ $ Timnath Tri-Town Tower Unit Unit 20REOZJB Unit Make: Model Kohler #: #: 2133186 6800 17 Fort County Lupton Road $ $ Serial Mead Grader Unit Unit 362CSL Unit 0920 Make Model Serial 1604-1 Blue # # 749613- star 5698 Platteville 80651 CR 34 Co E PERIODIC MAINTENANCE FEE Provide the total of the annual fee for the Annual Periodic Maintenance Service AND total for the bi-annual load bank service: TOTAL ANNUAL PM SERVICE: $ TOTAL BI -ANNUAL LOAD BANK SERVICE: $ ON -CALL Due to the criticality of the systems these generators support, the contractor that is awarded this bid MUST be capable of performing on -call emergency response 24 -hours a day, 7 days a week, including all holidays and all-weather conditions. Call back one-half (1/2) hour of emergent or on -call notice. Contractor must be on site within three (3) hours of call. Therefore, contractor shall provide a listing of these hourly rates: HOURLY RATE ON -CALL RESPONSE - NORMAL: $ HOURLY RATE ON -CALL RESPONSE - HOLIDAY: $ _ HOURLY RATE ON -CALL RESPONSE - OTHER: $ BID REQUEST #B2300168 Page 13 ADDITIONAL MAINTENANCE & PARTS Weld County recognizes that additional maintenance will be required for anomalies and failures. Therefore, Weld County is requesting maintenance repair rates for scheduled normal workday hours. In addition, parts will be required. Weld County is seeking the percentage mark up on parts. When invoicing for parts, contractor must provide receipt showing price paid and the additional percentage. Therefore, contractor shall provide a listing of these fees: HOURLY RATE — DURING BUSINESS HOURS: $ HOURLY RATE - AFTER BUSINESS HOURS (OVERTIME): $ HOURLY RATE - OTHER: $ MARKUP ON PARTS: ADDITIONAL ITEMS Weld County recognizes vendors may have additional fees that may be requested that are not listed in this scope. Therefore, contractor shall provide a listing of these fees in the FEE Section below. ADDITIONAL FEES (DEFINE): $ (USE ADDITIONAL LINES OR PAGES AS NECESSARY) ESCALATION Weld County recognizes annual escalation rates for labor and parts. Therefore, contractor shall provide the annual escalation rate for the contact. ANNUAL ESCALATION RATE: $ BID REQUEST #B2300168 Page 14 SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on August 21, 2023: on or before the bid opening 1) Pages 8 thru 16 of the Bid Specifications and/or Scope of Work. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2300168 Page 15 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 for Request No. #B2300168. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids. and to accept the bid that, in the opinion of the Board of County Commissioners. is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO PRINTED NAME AND TITLE SIGNATURE E-MAIL FAX TAX ID # DATE WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 7. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller GS0323 BID REQUEST #B2300168 Page 16 Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Generator Maintenance Various Locations Test OVERVIEW Weld County is seeking proposals for the repair and maintenance of generators that support various buildings and functions throughout the County. SCOPE The scope of this project is to perform the periodic maintenance of generators and to provide emergency on - call services for repair of generators using the scope below: 1. Contractor will be responsible for periodic maintenance. 2. Contractor shall coordinate dates and times for the maintenance Weld County Facilities Department to ensure Weld County can support/escort. 3. Periodic Maintenance inspections will include: A. Ignition system and components will be inspected and replaced as needed. B. The entire equipment will be lubricated, and the oil changed when 1 year have lapsed. C. Fuel system will be inspected for deterioration or rust collection. All fuel filters will be replaced annually. Price of parts shall be included in bid. D. Cooling system will be checked. When replacement of belts and hoses is recommended a quote will be provided. Belts and Hoses shall be replaced every 4 years. Price of parts shall be included in bid. E. All batteries will be checked, cleaned, or replaced every 3 to 4 years as needed. Price of parts shall be included in bid. F. All air cleaners will be inspected and will be replaced every year. Price of parts shall be included in bid. G. Safety shutdown system will be inspected and tested, if present. H. Exhaust system components will be checked for deterioration. I. All instruments will be checked for proper operation. J. The generator will be checked for proper setting and operation. Voltage and frequency will be adjusted, brushes will be inspected, if applicable. K. Automatic transfer switch will be inspected, cleaned, and adjusted as required. L. Exercise on generator will be set to Monday mornings no transfer on most generators. Certain Generator will transfer load once a month Owners discretion. M. Reset and test exercise clock. Check hour meter for proper operation. N. Generator set and transfer switch will be checked and wiped down as needed. 0. Weld County staff will be instructed on operation and upkeep procedures to be followed by OWNER betweenregularcalls by CONTRACTOR service personnel. P. After all the -above has been completed, Contractor service personnel will run generator set(s) and conduct tests under Owner's load providing Owner makes such load available and it is practical to run the tests concerned. Q. Contractor will submit a report to the Owner of the entire inspection and will advise customer of any repairs needed. R. Contractor will verify proper operation of immersion heaters, block heaters, etc. S. Contractor will perform full load bank testing every two years or when major service is done. BID REQUEST #B2300168 Page 8 T. Work to be done during working hours. 7am to 3:30 Mon.- Fri. Completed within a 3 -week concurrent period in May, June. or July each year. Schedule to be coordinated with a representative from the Facilities Department. 4. Work will comply with all applicable Federal. State anti local laws, ordinances and regulatory requirements. 5. No bid bond is required for this proj,ct. 6. All trash and debris to be properly disposed of offsite by Contractor. 7. Weld County is a tax-exempt entity. 8. Contractor will be required to enter a standard Weld County contract for this service. A standard County contract is available through the Weld County Purchasing Department and is available for viewing upon request. 9. The initial annual contract will be from October 1, 2023 through September 30, 2024. 10. Contract may be awarded up to three (3) additional annual increments pending performance, review and approval. SCHEDULE Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Proposals Are Due Bid Award Notice Contract Execution Service Start August 4. 2023 August 4, 2023 August 14, 2023 August 21, 2023 September 6. 2023 September 13, 2023 October 1, 2023 GENERATOR EQUIPMENT & LOCA'T'ION & PRICING Below are the list of generator sets and location. Please provide pricing for each annual Periodic- Maintenance (PM) service. In addition, provide pricing for each full load bank testing that will occur every two ears and/or followin major service at request of Weld County. Building Name Unit Location Annual PM Service Price Load Bank Price 350 Tower Unit Make: Onan 3105 35° Ave Unit Model 6: DSGAE- Greeley S YOO $ 1 ) CSC-) 1207317 (200kw diesel . . Unit Serial #: _ F120356179 a=., { 1150 Admin Unit Make: Kohler 1150 H St `h `"` "t °. ; Unit Model 6: 400ROZD Unit Serial #: 358704 Greeley S 13.2.- S )100, r0n?;1 t5. 1551 Dispatch Unit Make: Onan 1551 N 17th Ave Unit Model #: DQDAA- Greeley S ? 25 S 1 /OO 1335504 (250kw diesel) U Unit Serial 6: BID REQUEST # Page 9 ': Central (Weld School. Tower Centennial Center H Unit Model ,: 30REOZJC Unit Serial 0: 3053736 ['nit Make: Kohler Unit Model y: 150REO7GC Unit Serial ,4: SGM32BS94 1950 Law Unit 'Wake: Administration Unit Model u: DSGAC- 1 Greeley 2773037 (l 50kw diesel) 4977 1 aunts ft sac 59 Kecnesbur�, Greeley A 100(7 42 Coroner Crime Lab Dacono Unit Make: Generac Unit Model SD50 (50kw diesel) Unit Serial 3007785668 Unit Make: Onan Unit Model 4: DSKC A- 1326825 (25kw diesel) Unit Serial p: Dl 30495358 t Make. Model (60kiv Unit Serial =: ;30007,20296 Evidence Unit Make: Generac Storage I Unit Model-: SD40 (40kw diesel) Unit Serial 0. 3006189457 Facilities Unit Make: Kohler 1 Unit Model 4: 10REOD Unit Serial 2153652 Fort Luptu:.,: : , Mike: Genera Shed 4. twit Model �� Mort t Lipton Unit S.. '3000720265 Fort Lupton Unit Make: Kohler 17623 County_ Road Tower ! Unit Model 31 ' 0 40REO7_.IC 1 Fort Lupton Unit Serial 4: SGM32257R (:ireclea Dacono Ave Greeley Fuel Unit Make: Kohler Site Unit Model 4: 31)RZ82 Unit Serial 4: 391736 BID REQ Greeley S %d S ?Oc:. Page 10 Greeley Water Tower Unit Make: Kohler Unit Model #: 40REOZJC Unit Serial #: 3053785 26997 13151 Ave Greeley $ S Z5 $ 7OO Grover Shed Unit Make: Generac Unit Model #: 0058751 (12kw LP) Unit Serial #: 7349924 43339 County Road 122 Grover $ L(S—O $ 7(96 Grover Tower Unit Make: Kohler Unit Model #: 20REOZJB Unit Serial #: 2064623 1.5 miles west of County Road 105 & County Road 128 Grover r $ S ,25 $ 7oO Hazardous Materials — North Unit Make: Kohler Unit Model #: 20R282 Unit Serial #: 351880 1311 N 17th Ave Greeley $ 5 $ 7Dd Information Technology Unit Make: Kohler Unit Model #: 80REOZJB Unit Serial #: 2076219 1401 N 17`h Ave Greeley $ r).5- $ 7o' Jail 2 West Unit Make: Onan Unit Model #: DFEJ- 1984504 (45kw diesel) Unit Serial #: A200709497 2110 0 -Street Greeley $ S) S $ 7c Jail Phase 1 & 2 Unit Make: Onan Unit Model #: 450BFEC (450kw diesel) Unit Serial #: L950594154 2110 O Street Greeley $ 1) 0O $ 1100 Jail Phase 3 Unit Make: Onan Unit Model #: 400DFCE (400kw diesel) Unit Serial #: D060915358 2110 O St Greeley $ 11 DD — $ 1100 Kersey Shed Unit Make: Generac Unit Model #: 0058870 (20kw LP) Unit Serial #: 5948511 23636 County Road 54 Kersey 5. , - , $ `'(DC) Keota Shed Unit Make: Winco Unit Model #: PSS12H4WC (12kw LP) Unit Serial #: 1255Q2607 51565 County Road 390 Keota $ L15Z) $ ?ad Kiowa Shed Unit Make: Generac Unit Model #: 65510 (22kw LP) Unit Serial #: 9554317 42649 HWY 52 Roggen _ $ 37,25— $ 7Dc7 LaSalle Tower Unit Make: Kohler Unit Model #: 150ROZ Unit Serial #: 2049880 18490 Weld CR38 LaSalle - $ ?c J j,.::.: .$. 7,96 r, BID REQUEST #B2300168 Page 11 Law Administration Unit Make: Generac Unit Model #: 276971020 (230kw diesel) Unit Serial #: 2070031 1950 O Street Greeley $ 9 Z5-- $ / 1Oo Grader shed Ault -aZ,5--- 7OO YJr New Raymer Tower ,... Unit Make: Dayton Unit Model #: 4LM3813 (20kw LP) Unit Serial #: 3149310 or 214931.0 64990 Hwy 14 New Raymer $ .O-5— $ 700 Niwot Tower Unit Make: Cummins Unit Model #: C36 N6 - (36kw NG) Unit Serial #: B160923376 6450 Sommerset Road Niwot $ .5-12 $ ?o Nunn Shed Unit Make: Generac Unit Model #: QTO2524ANNSNA (25kw LP) Unit Serial #: 3002827936 17065 County Road 96 Nunn $ s.2.5— $ ?oc7 Nunn Tower Unit Make: Kohler " Unit Model #: 20RZ Unit Serial #: 0720958 16059 County Road 100 Nunn $ r7_,)-- $ 7w Public Works Unit Make: Onan Unit Model #: 60ENA (60ks NG) Unit Serial #: E930507687 1111 H St Greeley $ S-25- $ ?dO Public Health Unit Make: Cummins Unit Model #: DSGAA- 5663101 (100kw diesel) Unit Serial #: I1.00153837 1555 N 17th Ave Greeley $ 3-2,5— 5 7Dc) Rockport Shed Unit-Make:.Winco . Unit Model #:. LSAP- `,� i2-112H4W.. (12kw LP) Unit Serial #: 12203F07 13626 County Road 26 Carr $ $ 2 .S— $ 7Oc) Southwest Service Center Unit Make: Generac Unit Model #: SG080 (80kw NG) Unit Serial #: 3000729747 4290 County Road 24 '/2 Firestone $ i12-5- $ 70 C2 Southwest Tower Unit Make: Kohler Unit Model #: 40REOZJC Unit Serial 6:. SGM3224N M 4209 County Road 24 '/2 Firestone . - $ ti r2 $ 7ov BID REQUEST #62300168 Page 12 Training Center Unit Make Onan Unit Model # GGHD (100kw NG) Unit Serial # D000088159 1104 H Street Greeley S ,-Z .- $ 7190 Timnath Tower Unit Make Cummins Unit Model # C125 D6I) (125kw diesel) Unit Serial # G190615187 Spec A 40800 County Road 15 Fort Collins S ( 7 5 $ 5 0d Tn-Town Tower Unit Make Kohler Unit Model # 20REOZJB Unit Serial # 2133186 6800 County Road 17 Fort Lupton _ S 5 -2 $ z-106) Mead Grades Unit Make Blue star Unit Model # 362CSL1604-1E Unit Serial # 749613- 0920 5698 CR 34 Platteville Co 80651 S �� 6-77c) PERIODIC MAINTENANCE FEE Provide the total of the annual fee for the Annual Penodic Maintenance Service AND total for the bi-annual load bank service TOTAL ANNUAL PM SERVICE $ LG(, 7 /5 - TOTAL BI -ANNUAL LOAD BANK SERVICE $ 3e3 /Dc) ON -CALL Due to the criticality of the systems these genes ators support, the contractor that is awarded this bid MUST be capable of performing on -call emergency response 24 -hours a day, 7 days a week, Including all holidays and all-weather conditions Call back one-half (1/2) hour of emergent or on -call notice Contractor must be on site within three (3) hours of call Therefore, contractor shall provide a listing of these hourly rates HOURLY RATE ON -CALL RESPONSE - NORMAL $ 2.2.5 - HOURLY RATE ON -CALL RESPONSE - HOLIDAY $ 2 75 89,1,x,,,,_ HOURLY RATE ON -CALL RESPONSE - OTHER $ A /1S^ BID REQUEST #B2� 03 0168 Page 13 ADDITIONAL MAINTENANCE & PARTS Weld County recognizes that additional maintenance will be required for anomalies and failures. Therefore, Weld County is requesting maintenance repair rates for scheduled normal workday hours. In addition, parts will be required. Weld County is seeking the percentage mark up on parts. When invoicing for parts, contractor must provide receipt showing price paid and the additional percentage. Therefore, contractor shall provide a listing of these fees: HOURLY RATE — DURING BUSINESS HOURS: $ ) 3s" -- HOURLY RATE - AFTER BUSINESS HOURS (OVERTIME): $ ,.DO HOURLY RATE - OTHER: $ 2 .25 - MARKUP ON PARTS: 3/0 % ADDITIONAL ITEMS 4 ' Weld County recognizes vendOrs'mai/ have additional fees that may be requested that are not listed in this scope. Therefore, contractor shall provide a listing of these fees in the FEE Section below. ADDITIONAL FEES (DEFINE): $ a2,®s9 ESCALATION (USE ADDITIONAL LINES OR PAGES AS NECESSARY) Ghc.f.,9e OW- ,SidL pp7 Sccv,oc, r � Low ) nth aft- doitc. cJ ( -n I9p'1 d-hs �rlif /Z°' APP//. 1, !oc..c) )9a/+/i . 494c Sc Peru -4C- s cui/ PPv Weld County lecogaies;annual escalation rates for labor and pails. Therefore, contractor shall provide the annual escalation rate:for the cortant:; ANNUAL ESCALATION RATE: $ 3( BID REQUEST #B2uuh r Page 14 SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on August 21, 2023: on or before the bid opening 1) Pages 8 thru 16 of the Bid Specifics ions and/or Scope L,r Work. 2) W9. if applicable.* 3) Any future Addenda must be como!'?ted. 4) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County. only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. 1 p r . . « . BID REQUEST #B2300168 Page 15 The undersigned. by his or her signature, hereby acknowle 4•ges and represents that: 1. The bid proposed herein meets all of the conditions.. pecifications and special provisions set forth in the Request for Bid for Request No. #B2300168. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including. but not limited to. product specifications and scope or 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. S. 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 /zb etok? £ICA/tth) ti -c BUSINESS ADDRESS Jr) 5rteciiii>"2c° _ CITY. STATE. ZIP CODE /0/otto4) SPrays C.�/D✓0�(] TELEPHONE NO 7/ oz69 9 avOF,4X 719 5-.31 /9; TAX ID # ?'V/ 572? f'g5: PRINTED NAME AND TITLE Biaakaci asiediyC) ,5,ccr CC niefin t4 SIGNATURE E-MAIL DATE oghl/zo23 WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #08-03551-0000. ATTEST: YOU DO NOT NEED TO SEND BACK PAGES 1 - 7. BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Mike Freeman. Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller GS0323 BID REOLIr , 'T #62300168 Page 16 ADDENDUM#1 BID REQUEST NO. B2300168 Generator Maintenance — Various Locations 1. Add the following description for the Ault Grader Shed Make Model Serial Kohler 48RCLC 3677GMKJo154 ***We need signed copy on file. Thank You!*** Addendum received by: August 15, 2023 Colo�acb S3e✓Y-/(6)' FIRM ADDRESS C*1oracb s ',izpS (olor'cr a2 CITY AND STATE 80abt) BY brba,),. filalc,,,,, c. C9/Or i 7Jkv e/by,Go%'? EMAIL ACO DR CERTIFICATE OF LIABILITY INSURANCE DATE (MM/ODI 09/29/20YYYY)23 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moody Insurance Agency, Inc. 8055 East Tufts Avenue Suite 1000 Denver CO 80237 CONTACT Moody Insurance Agency AME: 1a/CNn o. Exfl: (303) 824-6600 I {ac, No): (303) 370-0118 mass: certrequest@moodyins.com RE INSURER(S) AFFORDING COVERAGE NAIL # INsuRERA: Cincinnati Indemnity Company 23280 INSURED Colorado Standby, LLC 720 Seedling Ct Colorado Springs CO 80915 INSURER B : Plnnacol As...nee 41190 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 23-24 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. TIN LTR TYPE OF INSURANCE ADDL SUER INSR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR ENP0509951 07/01/2023 07/01/2024 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) 500,000 $ MED EXP (Any one person) $ 10,000 pERSONALBAG, ifs, JURY $ 1,000,000 GENERAL AGGREGATE $ 2'000'000 GENT. AGGREGATE LIMIT APPLIES PER: POLICY E JECT PRO E LOC OTHER: PRODUCTS - COMP/OPAGG $ 2,000,000 Employee Benefit Liability $ 1,000,000 A AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY X HIRED AUTOS ONLY x SCHEDULED /� AUTOS X NON -OWNED /� AUTOS ONLY ENP0509951 07/01/2023 07/01/2024 COMBINED SINGLE LIMIT (Ea accident) $ 1 ,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Uninsured motorist BI- $ 1,000,000 A UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE ENP0509951 07/01/2023 07/01/2024 EACH VOCCUC60RRENCE $ 4,000,000 AGGREGATE $ 4,000,000 $ DED I XI RETENTION $ 0 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIVB R/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 4238651 08/01/2023 08/01/2024 XI STATUTE I I EORH E.L. EACH ACCIDENT 100,000 $ E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT 500,000 $ A Leased/Rental Equipment ENP0509951 07/01/2023 07/01/2024 Limit 25,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County, Colorado ACCORDANCE WITH THE POLICY PROVISIONS. 1150 O Street AUTHORIZED REPRESENTATIVE Greeley I CO 80631 KOC(44 K,.0. ,, 4\0,9j/`CV/ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGES Ref # Description Medical payments Coverage Code MEDPM Form No. Edition Date Limit 1 Limit 2 Limit 3 10,000 Deductible Amount Deductible Type Premium Ref # Description Underinsured motorist BI single limit Coverage Code UNDSG Form No. Edition Date Limit 1 Limit 2 Limit 3 Included Deductible Amount Deductible Type Premium Ref # Description Annual Policy Fee Coverage Code APF Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $160.00 Ref # Description Designated Medical Provider Coverage Code MEDP Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$77.00 Ref # Description Schedule Rating & Designated Provider Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$108.00 Ref # Description Ratable Manual Premium Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $4,482.00 Ref # Description Pinnacol Edge Discount Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$720.00 Ref # Description Experience Modification Coverage Code MOD Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$341.00 Ref # Description Terrorism Coverage Code TERO` Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $37.00 Ref # Description Catastrophe Coverage Code CATAS Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $74.00 Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 3 2. Unintentional Failure To Disclose Hazards 9 3. Damage To Premises Rented To You 9 4. Supplementary Payments 10 5. Medical Payments 10 6. 180 Day Coverage For Newly Formed Or Acquired Organizations 10 7. Waiver Of Subrogation 11 8. Automatic Additional Insured - Specified Relationships: 11 • Managers Or Lessors Of Premises; • Lessor Of Leased Equipment; • Vendors; • State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises; and • Mortgagee, Assignee Or Receiver 9. Property Damage To Borrowed Equipment 14 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services 15 11. Broadened Notice Of Occurrence 15 12. Nonowned Aircraft 15 13. Bodily Injury Redefined 15 14. Expected Or Intended Injury Redefined 15 15. Former Employees As Insureds 15 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 b. Loss Of Earnings: $ 500 GA2100917 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 15 5. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit $10,000 Deductible Amount: $ 250 GA 210 0917 Indudes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 15 C. Coverages 1. Employee Benefit Liability Coverage a. The following is added to Section I - Coverages: Employee Benefit Liability Cover- age (1) Insuring Agreement (a) We will pay those sums that the insured becomes legally obligated to pay as damag- es caused by any act, error or omission of the insured, or of any other person for whose acts the insured is legally liable, to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this in- surance does not apply. We may, at our discretion, in- vestigate any report of an act, error or omission and settle any claim or "suit' that may result. But: 1) The amount we will pay for damages is limited as described in Section III - Limits Of Insur- ance; and 2) Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judg- ments or settlements. GA 210 0917 No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. (b) This insurance applies to damages only if the act, er- ror or omission, is negligent- ly committed in the "admin- istration" of your "employee benefit program"; and 1) Occurs during the policy period; or 2) Occurred prior to the "first effective date" of this endorsement pro- vided: a) You did not have knowledge of a claim or "suit" on or before the "first ef- fective date" of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any "author- ized representa- tive"; i) Reports all, or any part, of the act, error or omission to us or any other insurer; ii) Receives a written or ver- bal demand or claim for dam- ages because of the act, er- ror or omis- sion; and b) There is no other applicable insur- ance. (2) Exclusions This insurance does not apply to: (a) Bodily Injury, Property Damage Or Personal And Advertising Injury "Bodily injury", "property damage" or "personal and advertising injury". (b) Dishonest, Fraudulent, Criminal Or Malicious Act Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, induding the willful or reck- less violation of any statute. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 15 GA 210 0917 (c) Failure To Perform A Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d) Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan induded in the "employee benefit program". (e) Inadequacy Of Perfor- mance Of Invest- ment/Advice Given With Respect To Participation Any daim based upon: 1) Failure of any invest- ment to perform; 2) Errors in providing in- formation on past per- formance of investment vehicles; or 3) Advice given to any person with respect to that person's decision to participate or not to par- ticipate in any plan in- cluded in the "employee benefit program". (f) (g) Workers' Compensation And Similar Laws Any daim arising out of your failure to comply with the mandatory provisions of any workers' compensation, un- employment compensation insurance, social security or disability benefits law or any similar law. ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local laws. (h) Available Benefits Any daim for benefits to the extent that such benefits are available, with reasonable (i) U) effort and cooperation of the insured, from the applicable funds accrued or other col- lectible insurance. Taxes, Fines Or Penalties Taxes, fines or penalties, in- cluding those imposed un- der the Internal Revenue Code or any similar state or local law. Employment -Related Prac- tices Any liability arising out of any: (1) Refusal to employ; (2) Termination of employ - Coercion, demotion, evaluation, reassign- ment, discipline, defa- mation, harassment, humiliation, discrimina- tion or other employ- ment - related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exdusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the in- jury. (3) Supplementary Payments Section I - Coverages, Sup- plementary Payments - Cover- ages A And B also apply to this Coverage. (3) b. Who Is An Insured As respects Employee Benefit Lia- bility Coverage, Section II - Who Is An Insured is replaced by the follow- ing: (1) If you are designated in the Dec- larations as: (a) An individual, you and your spouse are insureds, but on- ly with respect to the con - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 15 duct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with respect to their duties as your man- agers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "execu- tive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with re- spect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with respect to their duties as trustees. (2) Each of the following is also an insured: (3) GA2100917 (a) Each of your "employees" who is or was authorized to administer your "employee benefit program"; (b) Any persons, organizations or "employees" having prop- er temporary authorization to administer your "employ- ee benefit program" if you die, but only until your legal representative is appointed; or (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and duties under this Coverage Part. Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited (3) liability company, and over which you maintain ownership or major- ity interest, will qualify as a Named Insured if no other similar insurance applies to that organi- zation. However, coverage under this provision: (a) Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c. Limits Of Insurance As respects Employee Benefit Lia- bility Coverage, Section III - Limits Of Insurance is replaced by the fol- lowing: (1) The Limits of Insurance shown in Section B. Limits Of Insurance, 1. Employee Benefit Liability Coverage and the rules below fix the most we will pay regardless of the number of (a) Insureds; (b) Claims made or "suits" brought; (c) Persons or organizations making claims or bringing "suits"; (d) Acts, errors or omissions; or (e) Benefits induded in your "employee benefit program". (2) The Aggregate Limit shown in Section B. Limits Of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all dam- ages because of acts, errors or omissions negligently committed in the "administration" of your "employee benefit program". Subject to the limit described in (2) above, the Each Employee Limit shown in Section B. Limits Of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus- tained by any one "employee", including damages sustained by Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 15 (c) GA 210 0917 such "employee's" dependents and beneficiaries, as a result of: (a) An act, error or omission; or (b) A series of related acts, er- rors or omissions, regard- less of the amount of time that lapses between such acts, errors or omissions; negligently committed in the "administration" of your "employ- ee benefit program". However, the amount paid under this endorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program." (4) Deductible Amount (a) Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the Deductible Amount stated in the Decla- rations as applicable to Each Employee. The limits of insurance shall not be re- duced by the amount of this deductible. (b) The Deductible Amount stated in the Declarations applies to all damages sus- tai•ed by any one "employ- ee, including such "employ- ee`s" dependents and bene- ficiaries, because of all acts, errors or omissions to which this insurance applies. The terms of this insurance, including those with respect to: 1) Our right and duty to defend the insured against any "suits" seeking those damag- es; and 2) Your duties, and the du- ties of any other in- volved insured, in the event of an act, error or omission, or daim; apply irrespective of the ap- plication of the Deductible An'ount. (d) We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as we have paid. d. Additional Conditions As respects Employee Benefit Lia- bility Coverage, Section IV - Com- mercial General Liability Condi- tions is amended as follows: (1) Item 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is replaced by the following: 2. Duties In The Event Of An Act, Error Or Omission, Or Claim Or Suit You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a daim. To the extent possible, notice should indude: (1) What the act, error or omission was and when it oc- curred; and (2) The names and addresses of any- one who may suf- fer damages as a result of the act, error or omission. b. If a daim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the daim or "suit" as soon as practicable. You and any other in- volved insured must: Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 15 (3) (1) Immediately send us copies of any demands, notices, summonses or le- gal papers re- ceived in connec- tion with the daim or "suit; (2) Authorize us to ob- tain records and other information; Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organi- zation which may be liable to the in- sured because of an act, error or omission to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our consent. (2) Item 5. Other Insurance is re- placed by the following: 5. Other Insurance GA2100917 If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: Primary Insurance This insurance is prima- ry except when c. below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other insurance is also prima- ry. Then, we will share with all that other insur- ance by the method de- scribed in b. below. b. Method Of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this meth- od also. Under this ap- proach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not permit contribution by equal shares, we will contrib- ute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery under any other insurance in force previous to the effective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Lia- bility Coverage, Section V - Defini- tions is amended as follows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b. Interpreting the "em- ployee benefit pro- grams"; c. Handling records in connection with the "employee benefit pro- grams"; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 15 GA2100917 d. Effecting, continuing or terminating any "em- ployee's" participation in any benefit included in the "employee benefit program". However, "administration" does not include: a. Handling payroll deduc- tions; or b. The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits. 2. "Cafeteria plans" means plans authorized by applica- ble law to allow "employees" to elect to pay for certain benefits with pre-tax dollars. 3. "Employee benefit pro- grams" means a program providing some of all of the following benefits to "em- ployees", whether provided through a "cafeteria plan" or otherwise: Group life insurance; group accident or health insurance; dental, vision and hearing plans; and flexible spending ac- counts; provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligibil- ity requirements; b. Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans, pro- vided that no one other than an "employee" may subscribe to such benefits and such bene- fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; c. Unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits; and d. Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, includ- ing military, maternity, family, and civil leave; tuition assistance plans; transportation and health dub subsidies. 4. "First effective date" means the date upon which cover- age was first effected in a series of uninterrupted re- newals of insurance cover- age. (2) The following definitions are de- leted in their entirety and re- placed by the following: 8. "Employee" means a person actively employed, formerly employed, on leave of ab- sence or disabled, or retired. "Employee" includes a 'leased worker". "Employee" does not include a "tempo- rary worker". 21. "Suit" means a civil proceed- ing in which money damag- es because of an act, error or omission to which this in- surance applies are alleged. "Suit" includes: An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; b. Any other alternative dispute resolution pro- ceeding in which such damages are daimed and to which the in- sured submits with our consent; or c. An appeal of a civil pro- ceeding. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 15 2. Unintentional Failure To Disclose Haz- ards Section IV - Commercial General Liabil- ity Conditions, 7. Representations is amended by the addition of the following: Based on our dependence upon your rep- resentations as to existing hazards, if un- intentionally you should fail to disdose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part based solely on such failure. 3. Damage To Premises Rented To You a. The last Paragraph of 2. Exclusions under Section I - Coverage A - Bod- ily Injury And Property Damage Li- ability is replaced by the following: Exdusions c. through q. do not apply to "property damage" by fire, explo- sion, lightning, smoke or soot to premises while rented to you or tem- porarily occupied by you with permis- sion of the owner, for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in Section III - Limits Of Insurance. b. The insurance provided under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability ap- plies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. (1) As respects Water Damage Le- gal Liability, as provided in Para- graph 3.b. above: The exdusions under Section I - Coverage A - Bodily Injury And Property Damage Liability, 2. Exclusions, other than i. War and the Nuclear Energy Liabil- ity Exclusion (Broad Form), are deleted and the following are added: GA2100917 This insurance does not apply to: (a) "Property damage": (i) Assumed in any con- tract or agreement; or (ii) Caused by or resulting from any of the follow- ing: 1) Wear and tear; 2) Rust or other cor- rosion, decay, de- terioration, hidden or latent defect or any quality in property that caus- es it to damage or destroy itself; 3) Smog; 4) Mechanical break- down, including rupture or bursting caused by centrif- ugal force; 5) Settling, cracking, shrinking or ex- pansion; 6) Nesting or infesta- tion, or discharge or release of waste products or secre- tions, by insects, birds, rodents or other animals; or 7) Presence, growth, proliferation, spread or any ac- tivity of fungus, in- cluding mold or mildew, and any mycotoxins, spores, scents or byproducts pro- duced or released by fungi. (b) "Property damage" caused directly or indirectly by any of the following: (i) Earthquake, volcanic eruption, landslide or any other earth move- ment; (i) Water that backs up or overflows or is other- wise discharged from a sewer, drain, sump, sump pump or related equipment; (iii) Water under the ground surface pressing on, or flowing or seeping through: 1) Foundations, walls, floors or paved surfaces; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 15 2) Basements, whether paved or not; or 3) Doors, windows or other openings. (c) "Property damage" caused by or resulting from water that leaks or flows from plumbing, heating, air condi- tioning, fire protection sys- tems, or other equipment, caused by or resulting from freezing, unless: (i) You did your best to maintain heat in the building or structure; or (ii) You drained the equip- ment and shut off the water supply if the heat was not maintained. (d) "Property damage" to: (i) Plumbing, heating, air conditioning, fire protec- tion systems, or other equipment or applianc- es; or (i) The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit Of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b. above, the Damage To Premises Rented To You Limit as shown in the Decla- rations is amended as follows: (1) Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A - Bodily Injury And Property Dam- age Liability for damages because of "property dam- age" to any one premises: a. While rented to you, or temporarily occupied by GA 210 0917 you with permission of the owner; b. In the case of damage by fire, explosion, light- ning, smoke or soot, while rented to you; or c. In the case of damage by water, while rented to and occupied by you. (2) The most we will pay is limited as described in Section B. Limits Of Insurance, 3. Damage To Premises Rented To You of this endorsement. 4. Supplementary Payments Under Section I - Supplementary Pay- ments - Coverages A And B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits Of Insurance, 4.a. Bail Bonds of this endorsement 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 ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: 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 the limit shown in Sec- tion B. Limits Of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits Of Insurance, 5. Medical Pay- ments of this endorsement. 6. 180 Day Coverage For Newly Formed Or Acquired Organizations Section II - Who Is An Insured is amended as follows: Subparagraph a. of Paragraph 3. is re- placed by the following: a. Insurance under this provision is af- forded only until the 180th day after Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 15 you acquire or form the organization or the end of the policy period, whichever is earlier; 7. Waiver Of Subrogation Section IV - Commercial General Liabil- ity Conditions, 9. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract or agree- ment with that person or organization and included in the "products -completed oper- ations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Cov- erage Part The insured must do nothing after a loss to impair our rights. At our re- quest, the insured will bring "suit' or trans- fer those rights to us and help us enforce those rights. 8. Automatic Additional Insured - Speci- fied Relationships a. The following is added to Section II - Who Is An Insured: (1) Any person(s) or organization(s) described in Paragraph 8.a.(2) of this endorsement (hereinafter re- ferred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of a written contract, written agree- ment, written permit or written authorization. (2) Only the following persons or or- ganizations are additional in- sureds under this endorsement, and insurance coverage provided to such additional insureds is lim- ited as provided herein: (a) Managers Or Lessors Of Premises GA 210 0917 The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 8.a.(1) of this en- dorsement to provide insur- ance, but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem- ises leased to you, subject to the following additional exdusions: This insurance does not ap- ply to (i) Any "occurrence" which takes place after you cease to be a tenant in that premises; (i) Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b) Lessor Of Leased Equip- ment Any person or organization from whom you lease equipment when you and such person(s) or organiza- tion(s) have agreed per Par- agraph 8.a.(1) of this en- dorsement to provide insur- ance. Such person(s) or or- ganization(s) are insureds only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or or- ganization(s). A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. However, this insurance does not ap- ply to any "occurrence" which takes place after the equipment lease expires. (c) Vendors Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 8.a.(1) of this endorsement to provide insurance, but on- ly with respect to "bodily in- jury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 15 GA2100917 vendor's business, subject to the following additional exclusions: (i) The insurance afforded the vendor does not apply to: 1) "Bodily injury' or "property damage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liability in a contract or agreement. This exdusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2) Any express war- ranty unauthorized by you; 3) Any physical or chemical change in the product made intentionally by the vendor; 4) Repackaging, ex- cept when un- packed solely for the purpose of in- spection, demon- stration, testing, or the substitution of parts under in- structions from the manufacturer, and then repackaged in the original con- tainer; 5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normal- ly undertakes to make in the usual course of busi- ness, in connection with the distribution or sale of the products; 6) Demonstration, in- stallation, servicing or repair opera- tions, except such operations per- formed at the ven- dor's premises in connection with the sale of the product; 7) Products which, af- ter distribution or sale by you, have been labeled or re- labeled or used as a container, part or ingredient of any other thing or sub- stance by or for the vendor; or 8) "Bodily injury' or "property damage" arising out of the sole negligence of the vendor for its own acts or omis- sions or those of its employees or anyone else acting on its behalf. How- ever, this exdusion does not apply to: a) The excep- tions contained in Paragraphs (c) (i) 4) or 6) of this en- dorsement; or b) Such inspec- tions, adjust- ments, tests or servicing as the vendor has agreed to make or nor- mally under- takes to make in the usual course of business, in connection with the distri- bution or sale of the prod- ucts. (ii) This insurance does not apply to any insured person or organization: 1) From whom you have acquired such products, or any ingredient, part Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 15 GA 210 0917 or container, enter- ing into, accompa- nying or containing such products; or 2) When liability in- cluded within the "products - completed opera- tions hazard" has been excluded un- der this Coverage Part with respect to such products. (d) State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises Any state or governmental agency or subdivision or po- litical subdivision with which you have agreed per Para- graph 8.a.(1) of this en- dorsement to provide insur- ance, subject to the follow- ing additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political sub- division has issued a permit or authorization in connec- tion with premises you own, rent or control and to which this insurance applies: (i) The existence, mainte- nance, repair, construc- tion, erection or removal of advertising signs, awnings, canopies, cel- lar entrances, coal holes, driveways, man- holes, marquees, hoist away openings, side- walk vaults, street ban- ners or decorations and similar exposures; or (ii) The construction, erec- tion or removal of eleva- tors; or (ii) The ownership, mainte- nance or use of any el- evators covered by this insurance. (3) (e) Mortgagee, Assignee Or Receiver Any person or organization with whom you have agreed per Paragraph 8.a.(1) of this endorsement to provide in- surance, but only with re- spect to their liability as mortgagee, assignee, or re- ceiver and arising out of the ownership, maintenance, or use of the premises by you. However, this insurance does not apply to structural alterations, new construction and demolition operations performed by or for that per- son or organization. The insurance afforded to addi- tional insureds described in Par- agraph 8.a.(1) of this endorse- ment: (a) Only applies to the extent permitted by law; and (b) Will not be broader than that which you are required by the written contract, written agreement, written permit or written authorization to pro- vide for such additional in- sured; and Does not apply to any per- son, organization, vendor, state, governmental agency or subdivision or political subdivision, specifically named as an additional in- sured under any other provi- sion of, or endorsement added to, this Coverage Part, provided such other provision or endorsement covers the injury or damage for which this insurance ap- plies. b. With respect to the insurance afford- ed to the additional insureds de- scribed in Paragraph 8.a.(1) of this endorsement, the following is added to Section Ill - Limits Of Insurance: (c) The most we will pay on behalf of the additional insured is the amount of in- surance: (1) Required by the written contract, written agreement, written permit or written authorization described Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 13 of 15 in Paragraph 8.a.(1) of this en- dorsement; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. c. Section IV - Commercial General Liability Conditions is amended to indude the following: Automatic Additional Insured Pro- vision This insurance applies only if the "bodily injury" or "property damage" occurs, or the "personal and advertis- ing injury" offense is committed: (1) During the policy period; and (2) Subsequent to your execution of the written contract or written agreement, or the issuance of a written permit or written authori- zation, described in Paragraph 8.a.(1). d. Section IV - Commercial General Liability Conditions is amended as follows: Condition 5. Other Insurance is amended to include: Primary And Noncontributory In- surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.(1) of this endorsement provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract, agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. Property Damage To Borrowed Equip- ment a. The following is added to Exclusion 2.j. Damage To Property under Sec - GA 210 0917 tion I - Coverage A - Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they am not being used to perform operations at the time of loss. b. With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi- sions apply: (1) The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement with respect to coverage provid- ed by this endorsement. These limits are indusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement fix the most we will pay in any one "occurrence" re- gardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making daims or bringing "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated in Section B. Limits Of Insur- ance, 9. Property Damage To Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such Deductible Amount. (b) Section IV - Commercial General Liability Condi- tions, 2. Duties In The Event Of Occurrence, Of- fense, Claim Or Suit, ap- plies to each claim or "suit" irrespective of the amount. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. Page 14 of 15 (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees As Insureds - Specified Health Care Services And Good Samar- itan Services Paragraph 2.a.(1)(d) under Section II - Who Is An Insured does not apply to: a. Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or b. Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice Of Occurrence Paragraph a. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Com- mercial General Liability Conditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a daim. To the extent possible, no- tice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". GA 210 0917 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto Or Watercraft under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: This exdusion does not apply to an air- craft you do not own, provided that: a. The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b. The aircraft is rented with a trained, paid crew; and c. The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 4. "Bodily injury" is replaced by the following: 4. "Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, induding care, loss of services or death resulting from any of these at any time. 14. Expected Or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex- pected Or Intended Injury under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the fdlowing: This exdusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect per- sons or property. 15. Former Employees As Insureds The following is added to Paragraph 2. under Section II -Who Is An Insured: 2. Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 15 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE COVERAGE Bodily Injury Liability OR Property Damage Liability OR Bodily Injury Liability and/or Property Damage Liability Combined Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE $ $ $ $ 500 $ $ (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to damages for all "bodily injury" and "property damage", how- ever caused): A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any de- ductible amounts stated in the Schedule above as applicable to such coverages. B. You may select a deductible amount on either a per claim or a per "occurrence" basis. Your selected deductible applies to the coverage option and to the basis of the deductible indi- cated by the placement of the deductible amount in the Schedule above. The deducti- ble amount stated in the Schedule above ap- plies as follows: 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis, that deductible applies as follows: Under Bodily Injury Liability Cover- age, to all damages sustained by any one person because of "bodily injury"; b. Under Property Damage Liability Coverage, to all damages sustained by any one person because of "property damage"; or c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages sustained by any one person because of: (1) "Bodily injury"; (2) "Property damage"; or (3) "Bodily injury" and "property damage" combined as the result of any one "occurrence". If damages are claimed for care, loss of services or death resulting at any time from "bodily injury", a separate deductible amount will be applied to each person making a claim for such damages. With respect to "property damage", per- son includes an organization. 2. PER OCCURRENCE BASIS. If the de- ductible amount indicated in the Sched- ule above is on a "per occurrence" basis, that deductible amount applies as follows: Under Bodily Injury Liability Cover- age, to all damages because of "bodily injury"; b. Under Property Damage Liability Coverage, to all damages because of "property damage"; or c. Under Bodily Injury Liabili and/or Property Damage Liability overage CG 03 00 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Covrage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure To Disclose Hazards 8 3. Damage To Premises Rented To You 8 4. Supplementary Payments 9 5. Medical Payments 9 6. 180 Day Coverage For Newly Formed Or Acquired Organizations 9 7. Waiver Of Subrogation 10 8. Automatic Additional Insured - Specified Relationships: 10 (a) Managers Or Lessors Of Premises (b) Lessor Of Leased Equipment (c) Vendors (d) State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises (e) Mortgagee, Assignee Or Receiver 9. Property Damage To Borrowed Equipment 13 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services 14 11. Broadened Notice Of Occurrence 14 12. Nonowned Aircraft 14 13. Bodily Injury Redefined 14 14. Expected Or Intended Injury Redefined 14 15. Former Employees As Insureds 14 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 b. Loss Of Earnings: $ 500 5. Medical Payments Medical Expense Limit: $10,000 9. Property Damage To Borrowed Equipment GA2100920 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 14 Each Occurrence Limit: $10,000 Deductible Amount: $ 250 C. Coverages 1. Employee Benefit Liability Coverage a. The following is added to Section I - Coverages: EMPLOYEE BENEFIT LIABILITY COVERAGE (1) Insuring Agreement (a) We will pay those sums that the insured becomes legally obligated to pay as damag- es caused by any act, error or omission of the insured, or of any other person for whose acts the insured is legally liable, to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this in- surance does not apply. We may, at our discretion, in- vestigate any report of an act, error or omission and settle any claim or "suit' that may result. But: 1) The amount we will pay for damages is limited as described in C. Cov- erages, 1. Employee Benefit Liability Cover- age, c. Limits Of Insur- ance of this endorse- ment; and 2) Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judg- ments or settlements. GA2100920 No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay- ments. (b) This insurance applies to damages only if the act, er- ror or omission is negligently committed in the "admin- istration" of your "employee benefit program"; and 1) Occurs during the policy period; or 2) Occurred prior to the "first effective date" of this endorsement pro- vided: a) You did not have knowledge of a claim or "suit" on or before the "first ef- fective date" of this endorsement. You will be deemed to have knowledge of a claim or "suit" when any insured listed under C. Coverages, 1. Employee Benefit Liability Coverage, b. Who Is An In- sured, (1) of this endorsement or any "employee" authorized by you to give or receive notice of a daim or "suit": i) Reports all, or any part, of the act, error or omission to us or any other insurer; ii) Receives a written or ver- bal demand or claim for dam- ages because of the act, er- ror or omis- sion; and b) There is no other applicable insur- ance. (2) Exclusions This insurance does not apply to: (a) Bodily Injury, Property Damage Or Personal And Advertising Injury "Bodily injury", "property damage" or "personal and advertising injury". Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 14 GA2100920 (f) (b) Dishonest, Fraudulent, Criminal Or Malicious Act (c) Damages arising out of any intentional, dishonest, fraudulent, criminal or mali- cious act, error or omission, committed by any insured, induding the willful or reck- less violation of any statute. Failure To Perform A Con- tract Damages arising out of fail- ure of performance of con- tract by any insurer. (d) Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan induded in the "employee benefit program". (e) Inadequacy Of Perfor- mance Of Invest- ment/Advice Given With Respect To Participation Any daim based upon: 1) Failure of any invest- ment to perform; 2) Errors in providing in- formation on past per- formance of investment vehicles; or 3) Advice given to any person with respect to that person's decision to participate or not to par- tidpate in any plan in- cluded in the "employee benefit program". Workers' Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, un- employment compensation insurance, social security or disability benefits law or any similar law. (g) ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local laws. (h) Available Benefits Any daim for benefits to the extent that such benefits are available, with reasonable effort and cooperation of the insured, from the applicable funds accrued or other col- lectible insurance. (i) U) Taxes, Fines Or Penalties Taxes, fines or penalties, in- cluding those imposed un- der the Internal Revenue Code or any similar state or local law. Employment -Related Prac- tices Any liability arising out of any: 1) Refusal to employ; 2) Termination of employ- ment; 3) Coercion, demotion, evaluation, reassign- ment, discipline, defa- mation, harassment, humiliation, discrimina- tion or other employ- ment -related practices, acts or omissions; or 4) Consequential liability as a result of 1), 2) or 3) above. This exdusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the in- jury. (3) Supplementary Payments Section 1 - Supplementary Pay- ments - Coverages A and B also apply to this Coverage, however 1.b. and 2. of the Supplementary Payments provision do not apply. b. Who Is An Insured Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 14 As respects Employee Benefit Liabil- ity Coverage, Section II - Who Is An Insured is replaced by the following: (1) If you are designated in the Dec- larations as: (a) An individual, you and your spouse are insureds, but on- ly with respect to the con- duct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with respect to their duties as your man- agers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "execu- tive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with re- spect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with respect to their duties as trustees. (2) Each of the following is also an insured: GA 210 09 20 (a) Each of your "employees" who is or was authorized to administer your "employee benefit program"; (b) Any persons, organizations or "employees" having prop- er temporary authorization to administer your "employ- ee benefit program" if you die, but only until your legal representative is appointed; or (3) (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and duties under this Coverage Part. Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or major- ity interest, will qualify as a Named Insured if no other similar insurance applies to that organi- zation. However, coverage under this provision: (a) Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c. Limits Of Insurance As respects Employee Benefit Liabil- ity Coverage, Section III - Limits Of Insurance is replaced by the follow- ing: (1) The Limits of Insurance shown in Section B. Limits Of Insurance, 1. Employee Benefit Liability Coverage of this endorsement and the rules below fix the most we will pay regardless of the number of (a) Insureds; (b) Claims made or "suits" brought; (c) Persons or organizations making daims or bringing "suits" (d) Acts, errors or omissions; or (e) Benefits induded in your "employee benefit program". (2) The Aggregate Limit shown in Section B. Limits Of Insurance, 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all dam- ages because of acts, errors or omissions negligently committed Indudes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 14 (3) in the "administration" of your "employee benefit program". Subject to the limit described in (2) above, the Each Employee Limit shown in Section B. Limits Of Insurance, 1. Employee Bene- fit Liability Coverage of this en- dorsement is the most we will pay for all damages sustained by any one "employee", induding damages sustained by such "employee's" dependents and beneficiaries, as a result of: (a) An act, error or omission; or (b) A series of related acts, er- rors or omissions, regard- less of the amount of time that lapses between such acts, errors or omissions; negligently committed in the "administration" of your "employ- ee benefit program". However, the amount paid under this endorsement shall not ex- ceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "employee benefit program." (4) Deductible Amount GA2100920 (a) Our obligation to pay dam- ages on behalf of the in- sured applies only to the amount of damages in ex- cess of the Deductible Amount shown in Section B. Limits Of Insurance, 1. Em- ployee Benefit Liability Cov- erage of this endorsement as applicable to Each Em- ployee. The limits of insur- ance shall not be reduced by the amount of this de- ductible. (b) The Deductible Amount shown in Section B. Limits Of Insurance, 1. Employee Benefit Liability Coverage of this endorsement applies to all damages sustained by any one "employee", includ- ing such "employee's" de- pendents and beneficiaries, because of all acts, errors or omissions to which this in- surance applies. (c) The terms of this insurance, including those with respect to: 1) Our right and duty to defend the insured against any "suits" seeking those damag- es; and 2) Your duties, and the du- ties of any other in- volved insured, in the event of an act, error or omission, or claim; apply irrespective of the ap- plication of the Deductible Amount. (d) We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as we have paid. d. Additional Conditions As respects Employee Benefit Liabil- ity Coverage, Section IV - Commer- cial General Liability Conditions is amended as follows: (1) Item 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is replaced by the following: 2. Duties In The Event Of An Act, Error, Omission, Claim Or Suit You must see to it that we are notified as soon as practicable of an act, error or omission which may result in a daim. To the extent possible, notice should indude: (1) What the act, error or omission was and when it oc- curred; and (2) The names and addresses of any- one who may suf- fer damages as a result of the act, error or omission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 14 b. If a daim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the daim or "suit" as soon as practicable. c. You and any other in- volved insured must: (1) Immediately send us copies of any demands, notices, summonses or le- gal papers re- ceived in connec- tion with the claim or "suit; (2) Authorize us to ob- tain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organi- zation which may be liable to the in- sured because of an act, error or omission to which this insurance may also apply. d. No insured will, except at that insured's own cost, vduntarily make a payment, assume any obligation, or incur any expense without our consent. (2) Item 4. Other Insurance is re- placed by the following: 4. Other Insurance GA 210 09 20 If other valid and collectible insurance is available to the insured for a loss we cover under this Employee Benefit Liability Coverage, our obli- gations are limited as fol- lows: a. Primary Insurance This insurance is prima- ry except when c. below applies. If this insurance is primary, our obliga- tions are not affected unless any of the other insurance is also prima- ry. Then, we will share with all that other insur- ance by the method de- scribed in Paragraph b. below. b. Method Of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this meth- od also. Under this ap- proach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not permit contribution by equal shares, we will contrib- ute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur- ers. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery under any other insurance in force previous to the effective date of this Employee Benefit Liability Cover- age. e. Additional Definitions Indudes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 14 GA2100920 As respects Employee Benefit Liabil- ity Coverage, Section V - Definitions is amended as follows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b. Interpreting the "em- ployee benefit pro- grams"; c. Handling records in connection with the "employee benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's" participation in any benefit included in the "employee benefit program". However, "administration" does not indude: a. Handling payroll deduc- tions; or b. The failure to effect or maintain any insurance or adequate limits of coverage of insurance, including but not limited to unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits. 2. "Cafeteria plans" means plans authorized by applica- ble law to allow "employees" to elect to pay for certain benefits with pre-tax dollars. 3. "Employee benefit pro- grams" means a program providing some or all of the following benefits to "em- ployees", whether provided through a "cafeteria plan" or otherwise: a. Group life insurance; group accident or health insurance; dental, vision and hearing plans; and flexible spending ac- counts; provided that no one other than an "em- ployee" may subscribe to such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligibil- ity requirements; b. Profit sharing plans, employee savings plans, employee stock ownership plans, pen- sion plans and stock subscription plans, pro- vided that no one other than an "employee" may subscribe to such benefits and such bene- fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; c. Unemployment insur- ance, social security benefits, workers' com- pensation and disability benefits; and d. Vacation plans, includ- ing buy and sell pro- grams; leave of ab- sence programs, includ- ing military, maternity, family, and civil leave; tuition assistance plans; transportation and health dub subsidies. 4. "First effective date" means the date upon which cover- age was first effected in a series of uninterrupted re- newals of insurance cover- age. (2) The following definitions are de- leted in their entirety and re- placed by the following: 5. "Employee" means a person actively employed, formerly employed, on leave of ab- sence or disabled, or retired. "Employee" includes a 'leased worker". "Employee" does not include a "tempo- rary worker". Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 14 18. "Suit" means a civil proceed- ing in which money damag- es because of an act, error or omission to which this in- surance applies are alleged. "Suit" includes: a. An arbitration proceed- ing in which such dam- ages are claimed and to which the insured must submit or does submit with our consent; b. Any other alternative dispute resolution pro- ceeding in which such damages are daimed and to which the in- sured submits with our consent; or c. An appeal of a civil pro- ceeding. 2. Unintentional Failure To Disclose Haz- ards Section IV - Commercial General Liabil- ity Conditions, 6. Representations is amended by the addition of the following: Based on our dependence upon your rep- resentations as to existing hazards, if un- intentionally you should fail to disdose all such hazards at the inception date of your policy, we will not reject coverage under this Coverage Part based solely on such failure. 3. Damage To Premises Rented To You a. The last paragraph of 2. Exclusions under Section I - Coverage A - Bod- ily Injury And Property Damage Li- ability is replaced by the following: Exdusions c. through n. do not apply to damage by fire, explosion, light- ning, smoke or soot to premises while rented to you or temporarily occupied by you with permission of the owner, for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in Section III - Limits Of Insurance. b. The insurance provided under Sec- tion I - Coverage A- Bodily Injury And Property Damage Liability applies to "property damage" arising out of wa- ter damage to premises that are both rented to and occupied by you. As respects Water Damage Legal Li- ability, as provided in Paragraph 3.b. above: GA 210 09 20 The exdusions under Section I - Coverage A - Bodily Irjjury And Prop- erty Damage Liability, 2. Exclusions, other than i. War and the Nuclear Energy Liability Exclusion (Broad Form), are deleted and the following are added: This insurance does not apply to: (a) "Property damage": (t) Assumed in any contract or agreement; or (ii) Caused by or resulting from any of the following: 1) Wear and tear; 2) Rust or other corrosion, decay, deterioration, hidden or latent defect or any quality in proper- ty that causes it to damage or destroy it- self; 3) Smog; 4) Mechanical breakdown, including rupture or bursting caused by cen- trifugal force; 5) tling, cracking, shrinking Setor expansion; 6) Nesting or infestation, or discharge or release of waste products or secretions, by insects, birds, rodents or other animals; or 7) Presence, growth, pro- liferation, spread or any activity of fungus, in- cluding mold or mildew, and any mycotoxins, spores, scents or by- products produced or released by fungi. (b) "Property damage" caused di- rectly or indirectly by any of the following: (i) Earthquake, volcanic erup- tion, landslide or any other earth movement; (ii) Water that backs up or over- flows or is otherwise dis- charged from a sewer, drain, sump, sump pump or related equipment; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 14 (iii) Water under the ground sur- face pressing on, or flowing or seeping through: 1) Foundations, walls, floors or paved surfac- es; 2) Basements, whether paved or not; or 3) Doors, windows or other openings. (c) "Property damage" caused by or resulting from water that leaks or flows from plumbing, heating, air conditioning, fire protection sys- tems, or other equipment, caused by or resulting from freezing, unless: (i) You did your best to main- tain heat in the building or structure; or (ii) You drained the equipment and shut off the water sup- ply if the heat was not main- tained. (d) "Property damage" to: (i) Plumbing, heating, air condi- tioning, fire protection sys- tems, or other equipment or appliances; or (ii) The interior of any building or structure, or to personal property in the building or structure, caused by or re- sulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit Of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b. above, the Damage To Premises Rented To You Limit as shown in the Declara- tions is amended as follows: (1) Paragraph 6. of Section III - Lim- its Of Insurance is replaced by the fdlowing: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A - Bodily Injury And Property Damage Liability for damages be- cause of "property damage" to any one premises: GA2100920 a. While rented to you, or temporarily occupied by you with permission of the owner; b. In the case of damage by fire, explosion, light- ning, smoke or soot, while rented to you; or In the case of damage by water, while rented to and occupied by you. (2) The most we will pay is limited as described in Section B. Limits Of Insurance, 3. Damage To Prem- ises Rented To You of this en- dorsement. 4. Supplementary Payments Under Section I - Supplementary Pay- ments - Coverages A and B: a. Paragraph 1.b. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits Of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehide to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 1.d. is replaced by the fol- lowing: 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 the limit shown in Sec- tion B. Limits Of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as shown in the Declarations is amended to the limit shown in Section B. Limits Of Insurance, 5. Medical Payments of this endorsement. 6. 180 Day Coverage For Newly Formed Or Acquired Organizations Section II - Who Is An Insured is amended as folows: Subparagraph a. of Paragraph 3. is re- placed by the fdlowing: Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 14 a. Coverage under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 7. Waiver Of Subrogation Section IV - Commercial General Liabil- ity Conditions, 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: We waive any right of recovery against any additional insured under this en- dorsement, because of any payment we make under this endorsement, to whom the insured has waived its right of recov- ery in a written contract, written agree- ment, written permit or written authoriza- tion. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such additional insured prior to loss. 8. Automatic Additional Insured - Speci- fied Relationships The following is added to Section II - Who Is An Insured: (1) Any person(s) or organization(s) described in Paragraph 8.a.(2) of this endorsement (hereinafter re- ferred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of a written contract, written agree- ment, written permit or written authorization. (2) Only the following persons or or- ganizations are additional in- sureds under this endorsement, and insurance coverage provided to such additional insureds is lim- ited as provided herein: (a) GA2100920 Managers Or Lessors Of Premises The manager or lessor of a premises leased to you you are required per Paragraph 8.a.(1) of this endorsement to provide insurance, but on- ly with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the own- ership, maintenance or use of that part of the premises leased to you, subject to the following additional exdu- sions: This insurance does not ap- ply to: (i) Any "occurrence" which takes place after you cease to be a tenant in that premises; (ii) Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b) Lessor Of Leased Equip- ment Any person(s) or organiza- tion(s) from whom you lease equipment you are required per Paragraph 8.a.(1) of this endorsement to provide in- surance. Such person(s) or organization(s) are insureds only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or or- ganization(s). A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. However, this insurance does not ap- ply to any "occurrence" which takes place after the equipment lease expires. (c) Vendors Any person or organization (referred to below as ven- dor) you are required per Paragraph 8.a.(1) of this en- dorsement to provide insur- ance, but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the ven- dor's business, subject to the following additional ex- clusions: Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 14 GA2100920 (i) The insurance afforded the vendor does not apply to: 1) "Bodily injury" or "property damage" for which the ven- dor is obligated to pay damages by reason of the as- sumption of liability in a contract or agreement. This exdusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2) Any express war- ranty unauthorized by you; 3) Any physical or chemical change in the product made intentionally by the vendor; 4) Repackaging, ex- cept when un- packed solely for the purpose of in- spection, demon- stration, testing, or the substitution of parts under in- structions from the manufacturer, and then repackaged in the original con- tainer; 5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normal- ly undertakes to make in the usual course of busi- ness, in connection with the distribution or sale of the products; 6) Demonstration, in- stallation, servicing or repair opera- tions, except such operations per- formed at the ven- dor's premises in connection with the sale of the product; 7) Products which, af- ter distribution or sale by you, have been labeled or re- labeled or used as a container, part or ingredient of any other thing or sub- stance by or for the vendor; or 8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omis- sions or those of its employees or anyone else acting on its behalf. How- ever, this exdusion does not apply to: a) The excep- tions contained in Paragraphs (c)(i)4) or 6) of this endorse- ment; or b) Such inspec- tions, aclust- ments, tests or servicing as the vendor has agreed to make or nor- mally under- takes to make in the usual course of business, in connection with the distri- bution or sale of the prod- ucts. (i) This insurance does not apply to any insured person or organization: 1) From whom you have acquired such products, or any ingredient, part or container, enter- ing into, accompa- nying or containing such products; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 14 GA2100920 2) When liability in- cluded within the "products - completed opera- tions hazard" has been excluded un- der this Coverage Part with respect to such products. (d) State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises Any state or governmental agency or subdivision or po- litical subdivision you are required per Paragraph 8.a.(1) of this endorsement to provide insurance, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political sub- division has issued a permit or authorization in connec- tion with premises you own, rent or control and to which this insurance applies: (i) The existence, mainte- nance, repair, construc- tion, erection or removal of advertising signs, awnings, canopies, cel- lar entrances, coal holes, driveways, man- holes, marquees, hoist away openings, side- walk vaults, street ban- ners or decorations and similar exposures; The construction, erec- tion or removal of eleva- tors; or (ii) The ownership, mainte- nance or use of any el- evators covered by this insurance. (e) Mortgagee, Assignee Or Receiver Any person or organization you are required per Para- graph 8.a.(1) of this en- dorsement to provide insur- ance, but only with respect (3) to their liability as mortga- gee, assignee or receiver and arising out of the own- ership, maintenance or use of the premises by you. However, this insurance does not apply to structural alterations, new construction and demolition operations performed by or for that per- son or organization. The insurance afforded to addi- tional insureds described in Par- agraph 8.a.(1) of this endorse- ment: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract, written agreement, written permit or written authorization to pro- vide for such additional in- sured; and (c) Does not apply to any per- son, organization, vendor, state, governmental agency or subdivision or political subdivision, specifically named as an additional in- sured under any other provi- sion of, or endorsement added to, this Coverage Part, provided such other provision or endorsement covers the injury or damage for which this insurance ap- plies. b. With respect to the insurance afford- ed to the additional insureds de- scribed in Paragraph 8.a.(1) of this endorsement, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of in- surance: (1) Required by the written contract, written agreement, written permit or written authorization described in Paragraph 8.a.(1) of this en- dorsement. For the purpose of determining the required amount of insurance only, we will include the minimum amount of any Um- brella liability or Excess Liability coverage required for that addi- tional insured in that written con - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 14 tract, written agreement, written permit or written authorization; or (2) Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. c. Section IV - Commercial General Liability Conditions is amended to indude the following: Automatic Additional Insured Pro- vision This insurance applies only if the "bodily injury" or "property damage" occurs, or the "personal and advertis- ing injury" offense is committed: (1) During the policy period; and (2) Subsequent to your execution of the written contract or written agreement, or the issuance of a written permit or written authori- zation, described in Paragraph 8.a.(1). d. Section IV - Commercial General Liability Conditions is amended as follows: Condition 4. Other Insurance is amended to indude: Primary And Noncontributory In- surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.(1) of this endorsement provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract, agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. Property Damage To Borrowed Equip- ment a. The following is added to Exclusion 2.j. Damage To Property under Sec- tion I - Coverage A- Bodily Injury And Property Damage Liability: GA2100920 Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they am not being used to perform operations at the time of loss. b. With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi- sions apply: (1) The Limits of Insurance shown in the Declarations are replaced by the limits shown in Section B. Limits Of Insurance, 9. Property Damage To Borrowed Equip- ment of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not in addi- tion to the limits being replaced. The Limits of Insurance shown in Section B. Limits Of Insurance, 9. Property Damage To Bor- rowed Equipment of this en- dorsement fix the most we will pay in any one "occurrence" re- gardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making daims or bringing "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount shown in Section B. Limits Of Insur- ance, 9. Property Damage To Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such Deductible Amount. (b) Section IV - Commercial General Liability Conditions, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit, applies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 13 of 14 tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees As Insureds - Specified Health Cam Services And Good Samar- itan Services Paragraph 2.a.(1)(d) under Section II - Who Is An Insured does not apply to: 1) Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or 2) Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice Of Occurrence Paragraph a. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Com- mercial General Liability Conditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a daim. To the extent possible, no- tice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occur- rence" or offense. GA2100920 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto Or Watercraft under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: This exdusion does not apply to an air- craft you do not own, provided that: The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b. The aircraft is rented with a trained, paid crew; and c. The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 3. "Bodily injury' is replaced by the following: 3. "Bodily injury' means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time. 14. Expected Or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex- pected Or Intended Injury under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: This exdusion does not apply to "bodily injury' or "property damage" resulting from the use of reasonable force to protect per- sons or property. 15. Former Employees As Insureds The following is added to Paragraph 2. under Section II -Who Is An Insured: 2. Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. Page 14 of 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ASBESTOS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exdusion is added to Paragraph 2. Exclusions of Section I — Coverage A— Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Asbestos "Bodily injury" or "property damage" arising out of, attributable to, or any way related to asbestos in any form or transmitted in any manner. B. The following exdusion is added to Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Asbestos "Personal and advertising injury" arising out of, attributable to, or any way related to asbestos in any form or transmitted in any manner. GA 3064 09 20 Page 1 of 1 Contract Form Entity Information Entity Name* Entity ID* COLORADO STANDBY LLC @00027707 Contract Name GENERATOR MAINTENANCE Contract Status CTB REVIEW Contract Description" GENERATOR MAINTENANCE AT VARIOUS LOCATIONS Contract Description 2 Contract Type" CONTRACT Amount* $ 54,875.00 Renewable* YES Automatic Renewal Grant IGA Ej New Entity? Contract ID 7413 Contract Lead * SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.0 s;lredfern@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 09/28/2023 GROUNDS 10/02/2023 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 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* B2300168 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" 09/03/2024 Renewal Date 10/01/2024 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CHERYL PATTELLI 10/16/2023 Approval Process Department Head Finance Approver Legal Counsel TOBY TAYLOR CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/16/2023 10/16/2023 10/16/2023 Final Approval BOCC Approved Tyler Ref # AG 102323 BOCC Signed Date Originator SGEESAMAN BOCC Agenda Date 10/23/2023 August 28, 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: Generator Maintenance - B2300168 As advertised this bid is for generator maintenance at various locations. The low bid is from Colorado Standby LLC and meets specifications. Therefore, the Facilities Department is recommending the award to Colorado Standby LLC in the amount of $24,775.00 for annual Periodic Maintenance and $30,100.00 for bi-annual load bank services. In addition, this bid allows annual renewal for up to three additional annual terms depending on performance. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Q/Co ZOZ3-Z4(01 ,BC-,CO2S DATE OF BID: AUGUST 21, 2023 REQUEST FOR: GENERATOR MAINTENANCE - VARIOUS LOCATIONS DEPARTMENT: FACILITIES BID NO: B2300168 PRESENT DATE: AUGUST 23, 2023 APPROVAL DATE: SEPTEMBER 6, 2023 VENDOR COLORADO STANDBY LLC 720 SEEDING COURT COLORADO SPRINGS, CO 80915 GEN-TECH OF COLORADO 8080 PONTIAC STREET COMMERCE CITY, CO 80022 CUMMINS, INC 8211 EAST 96TH AVENUE HENDERSON, CO 80640 *INCLUDES $3300 FOR AIR FILTERS TOTAL TOTAL BI -ANNUAL ANNUAL LOAD BANK PM SERVICE SERVICE $24,775.00 $30,100.00 $75,034.41 $22,859.00 $42,009.70* $58,112.03 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. WELD COUNTY PURCHASING 1301 N. 17th Avenue, Greeley, CO 80631 reverett S,weldgov.com coeisert(weldgov.com Phone: (970) 400-4222 or 4223 TOTAL $54,875.00 $97,893.41 $100,121.73 2023-2467 $/Z3 i3C--1 onZ5 Hello