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Home My WebLink About20210903.tiffCon vac ( uteG93 Signature CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS ~ ~ AND (Halcyon Construction, Inc) This Agreement Extension/Renewal ("Renewal"), made and entered into 9 day of )405W.r, 2023, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Halcyon Construction, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 20210903, approved on March 29, 2021. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The First Extension Agreement will end on March 5, 2023. The parties agree to extend the Original Agreement for an additional one-year period, which will begin March 6, 2023, and will end on March 5, 2024. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. This is the second year of two possible extensions. 2_ There is no change in bid prices from the original bid in 2021 as long as diesel stays below $4.00/ gallon. 3. The PO will not exceed $3000. All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair FEB 0 8 2323 ATTEST: .40/44.1 JCL ;#4. Weld Co •nt Gil to the 6 r BY: Deputy Clerk t., e Board COV1 .n ccnCS- c z/nc/a3 6° / .2 L3 26Z.i - 0c1Q3 CC -100-19 Tina Booton From: Sent: To: Subject: Adam Stamp <adam@halcyonconstruction.org> Friday, January 6, 2023 4:04 PM Tina Booton Re: Weld County Enforcement Contract extension 61!06'3 Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon Tina, We would to renew. Send over the info and I will have the office process it. Thanks Adam Halcyon Construction Inc 3540 State Highway 52 Suite F3 Frederick, CO 80515 On Fri, Jan 6, 2023, 7:37 AM Tina Booton <tbooton@weldgov.com> wrote: I wanted to take a few minutes and check in to see if you would be willing to renew our enforcement contract for the last time under this contract? I've attached the renewal document from last year. If you are willing to renew for another year, I'll send you a new form to sign. Please let me know if you have any questions. Sincerely, Tina Booton Weed Division Supervisor Weld County Public Works PO Box 758; 1111 H Street Greeley, CO 80632 970-400-3770 w ow.welfirf eCls,nr.g Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this 1 on nstruction Halcyon Construction Inc. 3540 State Highway 52, Suite F3 Frederick, CO 80513 970-515-6076 ret:+astmat,1111!OCej mow. _.awe Bid Number #B2100050 Description: Enforcement Services/ Mowing & Spraying Department: Public Works Dept/ Weed Division Bid Opening Date: February 25, 2021 www_halcyon construction HaI(yon nstruction SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: REQUEST FOR ENFORCEMENT SERVICES MOWING AND/OR SPRAYING WELD COUNTY COLORADO - COUNTY WIDE PROJECT LOCATIONS I. Purpose Weld County is soliciting bids from qualified consultants for contractual services of mowing and/or spraying in Weld County. Two separate bids are included in this contract. These bids are for mowing, and private parcel spraying. II. Scope of Services The Weed Division of the Weld County Public Works Department manages the noxious weed control program for Weld County, Colorado. The weed control program was established under the Colorado Weed Management Act, Section 35-5.5-101, et. seq., CRS, and Weld County Code, Chapter 15. Both laws provide the right to enforce weed control measures on negligent landowners if all of the appropriate steps have been followed. A. General Project Description The Weed Division will carry out enforcement procedures on landowners failing to comply with legal notice from May through October. Depending on the growth of the noxious weeds targeted, mowing or herbicide treatment will be used to bring the landowner's infestation into compliance with Weld County Code Chapter 15. B. Project Requirements The purpose of this bid is to establish the basic costs of various items such as different classes of mowing and different classes of herbicide treatment so that the County can, on relatively shod notice, have noncompliant lands within Weld County brought into compliance by applying one or a combination of the items most appropriate to an individual site and time. The Contractor must be able to respond to a County request for work within 3 working days, unless a longer time frame or future date is defined by Weld County, with all of the labor, equipment, and materials necessary to complete the requested work in a timely manner. All work shall be completed in accordance with these specifications, accepted horticultural practices, and the project work order. All permits, licenses, fees and traffic control associated with any work under this Contract are the responsibility of the Contractor, unless otherwise noted. Due to the size of Weld County, the variety of project types and that timeliness is essential in this contract, the Weed Division Supervisor will work with several Contractors. www.halcyon.construction H a l(yo n konstruction III. Term of Contract This Contract is a renewable one year term. The County, at its sole option, may offer to extend this Contract for up to two additional one-year terms (for a total of three possible years). The extension option may be exercised providing satisfactory service is given and all terms and conditions of the contract have been fulfilled. Such extensions must be mutually agreed upon in writing, by and between the Public Works Department Weed Division Supervisor and the Contractor. An increase of 5% or less can be approved by the Director of Public Works. Extensions more than 5% must be approved by the Board of County Commissioners or re -opened for a new bidding process. IV. Enforcement Specifications A. Areas to Be Treated All areas to be treated under this contract shall be within the unincorporated portion of Weld County as established by Section 35-5.5-109, CRS, or within municipality boundaries with written approval from the municipalities governing board. B. Class I Herbicide Classification Class I is field spraying. The minimum equipment required is a truck or pick-up mounted sprayer with a minimum tank capacity of one hundred (100) gallons. Sprayer must include a boom with nozzles spaced according to manufacturer's specifications and capable of delivering a minimum of ten (10) gallons per acre with a minimum swath width of fifteen (15) feet. C. Class II Herbicide Classification Class II is handgun applications. The minimum equipment required is a truck or pick-up mounted sprayer with a minimum tank capacity of two hundred (200) gallons. The handgun attachment must be capable of delivering a minimum of fifty (50) gallons per acre and having a minimum of 100 hundred (100) feet of hose. D. Class III Herbicide Classification Class III is hand applications. The minimum equipment required is a backpack or hand-held sprayer with a minimum tank capacity of three (3) gallons. E. Class IV Herbicide Classification Class IV is cut stump treatments. The minimum equipment required is a backpack or hand-held sprayer with a minimum tank capacity of three (3) gallons and chainsaw or other mechanical tools as appropriate. www. halcyon, construction H a yon nstruction F. Class I Mowing Classification Class I is tractor weed mowing. The minimum equipment required is a farm tractor with a minimum of fifty (50) horsepower and a five (5) foot rotary mower. G. Class II Mowing Classification Class II is tractor weed mowing. The minimum equipment required is a farm tractor with a minimum of eighty (80) horsepower and a 15 — 20 foot rotary mower. H. Class Ill Mowing Classification Class Ill is hand weed mowing. The minimum equipment required is hand-held equipment such as string mowers, hand sickles, or high wheeled industrial lawn mowers. J. Materials and Equipment The Contractor shall supply all materials and equipment including, but not limited to, herbicides, water, sprayers and mowers necessary for completion of the Contract. V. Execution of Specifications A. Method of Application Method of application shall be determined by the Weed Division Supervisor. This will be based on individual site conditions. B. Herbicides Allowed 1. 2, 4-D Amine 2. Dicamba 3. Vista XRT or Fluroxypyr 4. Telar 5. Plateau or Imazapic 6. Milestone 7. Rejuvra 8. Garlon 3A or Triclopyr aquatic 4.0 lb. active ingredient per gallon 4.0 lb. active ingredient per gallon 2.8 lb. active ingredient per gallon 75% D.F. 2.0 lb. active ingredient per gallon 2.0 lb. active ingredient per gallon 1.67 lb. active ingredient per gallon 3.0 lb. active ingredient per gallon 9. Surfactant: 90% non-ionic active ingredients, or methylated seed oil depending on the weed species targeted. www. halcyon.construction yora kOwn s. '' c' 'iou C. Rates and Usage Herbicide rate and type shall be subject to the approval of the Weed Division Supervisor. Such usage must conform to the environment conditions of the site, to the landowner's request, and shall conform to label restrictions. The contractor must follow all safety, application and precautionary statements on the label. D. Product Substitutions The Weed Division Supervisor shall evaluate all requests for product substitutions. All such requests must be in writing and must include a detailed description of the benefits and any alterations of price. No product substitutions shall be made without the prior written approval of the Weed Division Supervisor. E. Required Control All herbicide applications must be of the correct type, rate and timing to guarantee control of weed top growth for a period of 90 days following application. Translocating herbicides will be used to insure some root control and reduction of existing weed stands. F. Safety Clothing and Equipment for Applicators Spray applicators shall wear appropriate clothing and safety equipment as recommended on the label. If applicators are not properly clothed or protected, the Weed Division Supervisor or staff may stop the spray operations until minimum safety requirements are met. G. Equipment Inspection The County may inspect all pesticide application equipment, and/or the chemical tank mix of the Contractor at any time during the project period. All equipment shall be cleaned on the site, prior to leaving to decrease the potential for spreading noxious weeds. The County shall be under no duty to inspect every time. H. Mowing All weeds shall be cut to a height of not more than six inches. All seed heads and stems must be completely severed from the basal portion of the plant. Areas mown must be uniformly cut with no skips or weeds left standing. All patches of noxious weeds will be mowed. Only areas infested with the noxious weed will be mowed as discussed during the on -site meeting. I. Herbicide and Mowing Application Record The Contractor for both herbicide applications and mowing shall complete a record of application for each job assigned or more often as environmental and/or site conditions warrant, on forms supplied by Weld County. Application record forms shall be completed in full and delivered to the www, h alcyon.const ru ct io n HaIfyon nstruction Weed Division Supervisor within one (1) week after completion of the job. A site description detailing the location of the actual work performed shall be included. J. On Site Meeting A meeting between the Contractor and the Weed Division Supervisor or their staff shall be required for each parcel to be treated through herbicide or mowing operations. Said meeting will be held at the job site with the intention that the contractor will be able to start the job that day, if possible. The following information will be discussed at the job site: Expected starting date Expected completion date Property boundaries and estimated acreage as determined by an aerial map from Acrview and/or GPS mapping Extent of work to be done Herbicides to be used (if applicable) Application equipment Any potential problems with site or treatment Application records and maps will be given to the Contractor at this time Property owner K. Set -Up Charge The County shall pay the Contractor a one-time set-up fee for each separate landowner. The set- up fee includes but is not limited to, Contractor's time and travel expenses to and from the on - site meeting and any additional meetings necessary for the site. Set-up charge shall be a flat fee applicable to any and all parcel sites. L. Project Start Date If the Contractor returns to a property later than five (5) days after the initial meeting with the Weed Division Supervisor or their staff and finds the weed control work already completed by the landowner, the Contractor shall not be eligible for the set-up charge. If the Contractor does not return to a property to carry out weed control measures, after the Contractor accepts the job, the Contractor shall not be eligible for the set-up charge. Spraying the roadsides shall begin no later than seven (7) days after initial contact. M. Confronting the Landowner on Site If the Contractor is confronted and asked to leave the property by the landowner or his agent, the Contractor shall do so immediately, without performing further treatment. The Contractor shall be paid for work completed at the time of leaving. If no work was performed before the Contractor was removed, only the set-up charge will be paid. The Contractor shall notify the Weed Division Supervisor within twelve (12) hours of landowner interference in treating the property. Failure to notify the Weed Division Supervisor within said time limit will result in non-payment of all charges. www ha y n.c9nstruction i f1 yen ,f't.rtlof N. Down Time and Unforeseen Circumstances For the purposes of this contract, the term "down time" shall be defined as any project time spent in nonproductive activities such as, but not limited to: time spent gaining access; time required to secure Weed Division or Sheriffs office assistance for access; Landowner interference; Extreme operating conditions, such as trash removal or unseen field conditions. There shall be no "down time" for Class IV roadside noxious weed control applications. Down time shall NOT include: equipment difficulties; equipment breakdown; employee negligence or illness. Payment for any activity billed to the County as "down time" shall be contingent upon the approval of the Weed Division Supervisor, and shall not total more than two hours per parcel. VI. Work Order Request and Payment A. Notice to Proceed - The Weed Division Supervisor shall call the Contractor and discuss the work to be performed. The Contractor shall have the right to refuse any job. Refusing more than fifty percent (50%) of assigned jobs will result in the termination of this Agreement. B. Contractor's Cost Estimate - The Weed Division Supervisor will develop a written work order based on bid prices. At the On -Site Meeting the work order will be reviewed, the start date and an estimate of time required to complete the work will be filled in. C. Work Order - Upon receipt of and agreement with the Contractor's cost estimate and time to complete, the Weed Division Supervisor shall provide the Contractor with a signed Work Order (see Exhibit A). The Contractor shall begin and complete the work as agreed to in the estimate. A signed/accepted cost estimate will be the Notice to Proceed with the onsite meeting. D. Performance of the Work - All work is to be performed by qualified personnel thoroughly familiar with proper and accepted methods for herbicide applications and/or mowing operations. All work is to be performed under the direct supervision of the Contractor's superintendent, who shall be thoroughly familiar with the provisions of this contract. E. Job Start and Completion- The Contractor shall telephone the Weed Division Supervisor at (970) 304-6496 EXT. 3770 or at (970) 381-4052, when they reach the job site to start spraying or mowing operations as well as when they have completed the job. Failure to call the County at the start and completion of a job may result in nonpayment. The following information shall be given: Contractor's name and company; date and time; parcel location or number. F. Payment for Completed Work - When work has been completed on any project, the Contractor and the Weed Division Supervisor shall inspect the site together and determine the total area of the work, and whether or not the work is complete and has been done in www.halcyon.construction H a 1(yo on �truct on accordance with the work order. If mutual agreement cannot be reached on these issues, the determinations made by the Weed Division Supervisor shall be final. Deficiencies in the work, if any, shall be noted and a checklist of these deficiencies given to the Contractor by the Weed Division Supervisor. The Contractor shall immediately correct any deficiencies listed on the checklist. G. Billing — All work completed by the Contractor shall be billed to the County within 7 days after completion. The billing will also be complete for all parcels owned by an individual or company. VII. Warranty The Contractor shall warrant all herbicide treated areas against defective materials and/or workmanship for ninety (90) days from the date of Conditional Acceptance. The Contractor shall retreat (in accordance with the provisions in the original project work order) any areas that noxious weeds are able to flower again during the warranty period, at no additional cost to the County. ANY DEVIATIONS FROM THE STANDARDS GIVEN ABOVE MUST BE SUPPLIED AND APPROVED PRIOR TO THE AWARD RECOMMENDATION BY THE COUNTY WEED DIVISION SUPERVISOR. ww_w.halcyon.construction a yon onstruction Exhibit A Enforcement Services Contract Cost Estimate and Work Order Herbicide Spraying Mowing Contractor: Fax #: Please be advised that Weld County requests a Written Cost Estimate on this form, and Notice to Proceed on the following project: Landowner Name and Address: Property Parcel Number: Legal Description: Targeted Species: Visible evidence of prior treatment: Bid Item Item Description Acres Quart/Pint/Oz. Bid Costs Hours Current Acres Job # Current Est. Cost Job 1 Class I Mowing 2 Class II Mowing 3 Class III Mowing 4 Class I Spraying 5 Class II Spraying 6 Class III Spraying 7 Class IV Spraying 8 Herbicide 9 Herbicide 10 Surfactant • v 11 Down Time Subtotal: Extra Items Region 1 Region 2 Region 3 Region 4 Set -Up Charge** www.halcyon.construction Total Estimated Cost: on nstruction Contractor's Signature: Date: Actual Start Date and Time: Actual End Date and Time: County Weed Division Supervisor: Date: Herbicides: 1. Trade Name EPA Registration # Application Rate 2. Trade Name EPA Registration # Application Rate Temperature F Wind Direction and Speed MPH Soil Condition: Wet Dry Cloud Cover Exhibit B www.halcvon.constructron HSS(on nstruction Regions of Weld County n4/ Tioeti -nN IJ•w* .t -----* t •. sal W •• •M a •. —.q • •• ••• e a ••• a • • M •4 • ••• • �ilY�vs'$ay •Ti,N • • a -7)ise w• ,rR f e Ft+ta�6a� .. 77 0.• 4, ---7i' V Q67w 4440 00 . . • • ♦ • . • • Alga 44341 24.24d •• w a • • • • •• • • • • • • t • • • • • . ♦ • • • • • • . . • • . . .7.71.7 Remo .: ..,• _ .•H••.1 Y am MI 1•••14•• Paw RON 124440 an., the" r.1 anw ,tar aging., ego w l ✓ ••. • •I.'NM•q.••I ..... alit/ MO .••• His 1st -.. .r•n • .• •• • - NOS ••-••..•y�j ea, .-s w...••••4 x _'1I4REOION /i- NOBtiawsa, TIID REGION /a— NORTMl.4T WELD REGION 3— SOUTHWEST TAD REGION 14- SOUTHEAST nu) a • • . .`. ••• • • • •• I. _t_ • . .• .. ,u ..• • • M • N I. r••-..• • • • • • • • a • • -• r,•, • !•N.. M•I a 44 1• Of M 1f 1•H of s• Woo •• •/ a Nn•• nisi" or n NM" • +CGS•, R‘+lw £634' fLa,w R6/w www. ha Icyon,construction Ott_ •• .. • •—T/ant • A 7 • •• • • • • • • a a sass* •a•a•••bed•M :CAM : And HIP mt as IS 771 .1 .••.Tio Aie e l • -'--�,A.., r • • • • • — • • • • M- lw • • N WILD COuarr c- as MI 1 HaI(yon nstruction BID ITEMS FOR MOWING CONTRACT All spaces must contain a bid price in the units indicated if bidding on the mowing contract. Bid Item Region 1 Region 2 Region 3 Region 4 Class I $50/acre $60/acre $40/acre $50/acre Class II $45/acre $55/acre $35/acre $45/acre Class III $55/hour $65/hour $40/hour $55/hour ** All mowing bid prices are on a per acre rate. Set-up charge per parcel: Region I Region II Region III Region IV $150 $ $100 $ $150 $150 Down -Time Charge: $100 per hour Respectfully submitted: Business Name: Halcyon Construction Inc. By: Adam Stamp Title: Owner Address: 3540 State Highway 52 Suite F3 Frederick, CO 80516 Date: 2/20/2021 Phone Number: Office 970-515-6076 Cell 303-775-9645 www.halcvon.coristruction Hai on %onstructjon Experience and References Please provide a brief description of your experience with spraying or mowing. Include years of work, types of projects worked on and any other pertinent information available. Describe equipment to be used. Adam Stamp, Land Services Director/Owner of Halcyon Construction. Adam owned and operated Stamp Land Services from 2002-2020, joined forces with Halcyon Construction in the fall of 2020. Stamp Land Services primary focus was mowing, maintenance and fencing of large and small tracts of ground in Boulder, Larimer, Adams and Weld counties. Extensive mowing experience with all types of clients from DR Horton to large and small HOA's as well as individual landowners. Crew sizes vary from 2 to 20 depending on the size and scope of the project. Mowing equipment ranges from small to large. Multiple zero turn mowers from 50" to 72" deck sizes. Tractors with 55hp and 8' mowing decks, as well as 100 hp tractors and 15' mowing decks. Handheld string trimmers with brush cutting heads are also used. Please provide contact information for at least three (3) business references. Name: Meg Heller Name: Dennis Bennett Address: 7520 Rodeo Dr Longmontt Address: Soaring Eagle Ranch HOA CO 80504 Severance CO Phone: 303-718-0657 Service provided and dates: Acreage Mowing String Trimming 2002- Present Phone: 303-912-2443 Service provided and dates: Acreage mowing. string trimming and finish mowing 2007- Present Name: B. Schlepp Address: 8712 Portico Ln Longmont CO 80501 Phone:970-373-8021 Service Provided and dates Mowing, String trimming 2007- Present ADDENDA Addendum Number B2100050 Date of Addendum 2/5/2021 www. ha Icyon.construction Date Received 2/10/2021 on nstruction The undersigned certifies that he has examined the specifications and instructions to bidders and has submitted a bid in full compliance and without collusion with any other person, individual or corporation. PLEASE READ THIS PARAGRAPH AND CHECK THE BOX BELOW X I understand that I must provide proof of insurance if awarded this bid. I also understand that the award may go to the next lowest bidder if I do not provide proof of insurance within the required 10 days after Notice of Award. 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 proposal for Request No. #B2100050. 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 proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal 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. FIRM: Halcyon Construction Inc. BY Adam Stamp (Please print) BUSINESS ADDRESS: 3540 State Highway 52 Suite F3 Frederic, CO 80516 DATE: February 20,2021 TELEPHONE NO 970-5156076 FAX : 303-845-8557 TAX ID # 46-1226732 SIGNATURE E-MAIL Adam@halcyon.construction www, ha Icypn.construction HaI(yon nstruction WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 - 10. THANK YOU! **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Director of General Services www.halcyon.construction H al(yon nstruction Halcyon Construction Inc agrees with and acknowledges the terms and conditions included in the Continuing Services Contract and supplemental Addendum 1 with no changes or deviations as of today February 20, 2021 www.haleyon.cons ruction A Fern W-9 (Flew. December 20,0 departmental The boas, Internal fleenueSince Identification Number and Certification Name (as shown on your income tax tekrinb Name L9 required on thus woo; do not leave mi* !me blank 2 Efeeines8 nener—0 feTrbrpd enlQy name, if different tram abova Hai on Construction, , Inca_- 3r-• Check aatinte pre box for federal tax c1a55,hcatnn: Check Dory rwt r to ---- 1„� fndrviaueV,role ixoWwlor ar �J C � In9 Bevan troxes; sfrgle•memhm t.LG Poratan (}�i g e � r� 4 Exemphony (� on R.=C corporation. I on pa0e 3): Vie r.x tiieaeif lC thel is datra0ardad, no 1 = '•pr.(ncvahlp) ► ompt fi.Yoa code N Anyy Dl °" '°r appropriate box in trr line .ho s Trot). and (number, L opt. W etsla na.) -".-. _ Nave• n awn) r ' 3540 Highway 52, Suite F3 ^ sir. va rc y krr:r, Net7tx>ster•s name and —' — e City. irate, And ZIP t»tj — addrays (ofttbnpq Frederick, CO 80516 7 List account number(s) here topliOnai) Of Request for Taxpayer Give Form to the requester. Do not send to the IRS, ' +, ParinaM �j cmtawn entiUea, rot p� only to [,f limited labifrty company enter Iho here clmrsiriWn� rrusVeefala tneblydllons kkuds, secs Nato. Far a stngtr mambo l 3 S carparnlfon P Irtrtrori a Iha 6I..mombm no elle. I.I.C. Chock turn r (seo+rtotn,etlom) r a ve ra Exempt. from FATCq reporting Address —'—•----. __,__ code (if an cart 1 Tax a er Identlfication Number (Tit Enter your TIN in the altfxopriate box. T. TIN '� _- backup your TI in p ovided must match the name given ;7;fin* 1 to awed -) sociatu backup alter, sale pnlpriator, r Illia is generally your Socra# security number entities, it ' regarded entity, see the Part I Instructions on page Hoot ooh, for a residenTIN an is your employer Identification number (EiN). U you do not have a nu Pape 3. For other fffiJTrni than one name, see the instructions far line I and the chart on page 4 tun Employer ktenurrcatron..r....7,—...........guidelines on whose number lo enter. Note. II the account IS in more -- - — • Certification R L.' r J Under penalties of —'` �j palm. I certify that: I. The number shown on this torn is my correct tax ^'— — —` payer identification number (or I am waiting fora number Io be issued to met am 2. 1 am not subject to backup withholding .cause (a) I am exempt from backup withholding. or (b) I have not been notified b the In that 1 arts subject to backup withholding as a result of a failure to report aft interest or dividends, or (c) the IRS has notified me that 1 am no longer subject to backup withholding: and Service (IRS) by Internal Revenue 3. 1 am a U.S citizen or other U.S, person (defined below); and 4. T. FATCA code(s) entered on this form fir any) ...Mina that i am exempt iron FATCA reporting is corner Certification Instructions. You roust cross out item 2 above it you have because you have laded to report ail interest and dividends on ^ For red es the IRS lftat you are currently subject y. For p withholding Interest paid, acquisition or abandonment of secured o your tax rattan Far real estate onrsstteliorss, item 2 does not apply. For mortgage osmocoll, payments other than interest and dividendsy you not required o ncellation ot debt. tthe Seri hca©tion, butt irldlviduan retirement ideoarcorre t Ti ORAL ee and instructions on page 3. you muss provide your correct TIN, See the Hign ere Signature of U.s, person ► General Instructions Section references arc to the inlemnl Revenue Code unions oMenvlse noted Fat.nt dew 0=0,nhi I totrrtlmrt about devatupments V/Zing Form W9 (such as leg station 811nat8d aR0 wa rmoese;t) is al wratV,irs gtrr/rw'J, Purpose of Form ....Wigwam entity (Form nurnrxn p 1 trot, edoplion 18xlkn rddMilir.81f0n number IN, la yo9, a 0theramount rep..Wxr oft an information iekrm F Ka�114os of jry{W n1ra]tj returns include, but Ciro nnl 'mile. to. I. following. • Form 1309 IN! (interest eon vet or pals) • Form 109'9-LXV (dividends, including nose trOrri stocks dr mutual rinds, • Form 1099-MISC Nero. types Of income pfi/x:7, awards rr Eno. procao(15) • Farm 1099.8 (SI0Gli or mute01 kind ails arc certain Weer trenx.rctluns by brokers) • Form 1099.5 f;xooeda; from real estate transactions) titer) who r°aWeer.4 tnxp tttisor 1�. 6/4/2020 • Formn1098 (home monocle interest), 1090-E (student loan 444...1, 1095-1 (tuitio) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of ,secured properly) Use Fanr, w-9 only if you area US person (including a resident alien), to Provide your correct TIN. ll sod du not reklfll tam W_g to the reyuesrer wfm a FIN, you might 6e serbrecr !o bxkup withr+Woynq, Sam What is bnckrrp w;rhlrord�np/ on page 2. fly signing the fined -out form. you' 1. Certify that the TIN you are giving is correct (or you are waiting fora number to be issued). 2. Certify that you ua not alibi. to backup withholding, or 3, Glare exempt. from batlem withhlokfmg if yeti wo a U.S 0.1.mPt tutypa, if tip gt7c;. you nm afsa urrtityit ,1fti11 A8 a V,5, Person. gut. arat:.bk1 snare of any PArirmrship inoome tmm a U.S, trade or bt>≤;inass is nil suhje:;t to rho manual, tax on fore l pnrRtern. shrueot effectroly connected mo oMe. and 4 Cert.ty that FA TCA artela(s) collared on this form (i any) ndlcariny that r..re page, rwtn Ito FA i Let +eperthin' Fry .unreel Sae What is Fn/CA rePdrYrrrg'? ar Pay)a 7 for flirtiler 1n#orrt;atfon, Gut Nn (0231X Form W-91, 12 01%) A IJ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 2/24/2021 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 policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IMA, Inc. - Colorado Division 1705 17th Street, Suite 100 Denver CO 80202 CONTACT NAN�a IMA Denver Team Jnlo.EoO X534-4567I,wN�i__.. nss: DenAccountTeimacorp.cOm INSURERS) AFFORDING COVERAGE NAIL # INSURER A: The Cincinnati Msuran. Company 10677 INSURED HALCCON Halcyon Construction, Inc. 3540 Highway 52, Suite F3 Frederick, CO 80516 SURER B : TinnaCOI Assurance 41190 INSURERC: ---- INSURER D: INSURER E :. INSURER F : S CERTIFICATE NUMBER: 1786488960 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 WTH 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. INSR TYPE OF INSURANCE ADDL EUan POLICY NUMBER POLICYEFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY j CLAIMS -MADE X OCCUR '( PD Dec: $250 ENP0559732 12/5/2020 { ? ' 12/5/2021 EACH OCCURRENCE $1,000,000 , DAMAGE TO RENTED : pouoiSES.,(,Fcov ,r encee r ' MED EXP (Any one person) $100,000 $ 10,000 PERSONAL 8,ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER X POLICY DI 78i n LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILELIABIOTY X �,_. X ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY _._.� SCHEDULED ,M,,,,,,, AUTOS E. X AUTOS ONLY AUTOS NLY ENP0559732 12/5/2020 12/5/2021SINGLE UMtT $1.000,000 BODILY INJURY (Per person) S , BODILY INJURY (Per accident) $ (p&OE $ A X UMBRELLA LIAR X i OCCUR EXCESS LIAR I CLAIMS -MADE ENP0559732 12:n:2020 I 12/512021 E EACH OCCURRENCE AGGREGATE $5,000,000 _ $ 5,000.,000 $ DEO X I RETENTION $ in,nnn B W DEMPLOMPENSAT'N NO EMPLOYERS' LIABILITY YIN ANYPROPRIETORlPARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? (MandatoryinNH) If Yes, describe under DESCRIPTION OF OPERATIONS below NIA 4160879 1/1/2021 --- j 1/1/2022 X TAAi TE I.. i FO.RTH- E EACH ACCIDENT I E. L. DISEASE -EA EMPLOYEE.$1,000,000 V-"�'i" E.L. DISEASE - POLICY LIMIT $ 1,000,000 $ 1,000,000 A Builders Risk ENP0559732 12/5/2020 12/5/2021 Any One Location Temp Loc/rransit Deductible $3,000,000 $500,000 $5,000 DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required( Contractors Equipment Coverage: Policy #ENP0559732 Effective Dates: 12/05/2020-12/05/2021 Insurer A: See Above 5161,200 Limit; $1,000 Deductible Leased & Rented Equipment Coverage: Policy #ENP0559732 Effective Dates: 12/05/2020.12:05/21121 Insurer A: See Above $352,000 Limit; $1,000 Deductible See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Weld County P. O. Box 758 Greeley, CO 80632 AUTHORtfEDRE ENTATiVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HALCCON LOC #: ACG RO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED IMA, Inc. - Colorado Division Halcyon Construction, Inc. 3540 Highway 52, Suite F3 Frederick, CO 80516 POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Professional/Pollution Coverage: Policy #PEC005329502 Effective Dates' 12/01/2020-12/01/2021 Insurer: Indian Harbor Insurance Company $1,000,000 Aggregate; $25,000 SIR ARId County is included as Additional Insured on the General Liability, Automobile Liability, and Umbrella Liability policies if required by written contract or agreement and with respect to work performed by Insured,, subject to the policy terms and conditions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only with respect to liability for: "Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b. "Bodily injury" or "property damage" caused, in whole or in part, by "your work" performed under that written contract or written agreement and in GA 472 09 18 cluded in the "products -completed operations hazard", but only if: (1) The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard"; and (2) The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products - completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products -completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the "prod- ucts -completed operations hazard", this Paragraph b. does not apply to that person or organization. 2. If the written contract or written agree- ment described in Paragraph 1. above specifically requires you to provide addi- tional insured coverage to that person or organization: a. Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- graph A.1.b. above, whichever apples, is replaced by the phrase arising out of. 3. With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4. This Paragraph A. does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations 1. Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing, a contract, agree- ment, permit or authorization. GA 472 09 18 2. With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b. "Bodily injury" or "property damage" included within the "products - completed operations hazard." C. The insurance afforded to additional insureds described in Paragraphs A. and B.: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and B., the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the addi- tional insured is the amount of insurance: 1. Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B,; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury" offense is com- mitted: 1. During the policy period; and Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F. Except when G. below applies, the following is added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1. As otherwise provided in Section IV - Commercial General Liability Condi- tions, 5. Other Insurance, b. Excess In- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, this insurance is also excess. G. The following is added to Section IV - Com- mercial General Liability Conditions, 5. Other Insurance, and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary to any other in- surance available to the additional in- sured. GA 472 09 18 As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. H. Section IV - Commercial General Liability Conditions, 9. Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation This provision does not apply unless the valid written contract has been: SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. 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 because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c. is replaced by the following: c. Regardless of the provisions of Par- agraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract SECTION II - LIABILITY COVERAGE, A. Coverage, I. Who is an Insured is amended to include as an insured any person or organi- zation with which you have agreed in a valid written contract to provide insurance as is af- forded by this policy. This provision is limited to the scope of the valid written contract. AA2880116 1. Executed prior to the accident causing "bodily injury" or "property damage"; and 2. Is still in force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the Section II - Liability Coverage, A. Coverage, 1. Who is an Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance is amended by replac- ing Paragraph 5.b. with the following: b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "em- ployee's" name, with your per- mission, white performing duties related to the conduct of your business. Includes copyrighted material of ISO Properties, Inc., with ipermission. Page 1 of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" is the lesser of: The actual cash value of the dam- aged or stolen property as of the time of the "accident"; b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently in- stalled housing unit as described in Paragraph 2.a. above; or c. An integral part of such equipment. F. Who is an Insured - Amended SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1, Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy, or would be an "insured" under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: AA2880116 Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H. Amended Fellow Employee Exclusion SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1, The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above. J. Rental Reimbursement SECTION III - PHYSICAL DAMAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 5. We will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under SECTION III - PHYSICAL DAM- AGE COVERAGE, A. Coverage, 4. Coverage Extensions. AA2880116 K. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L. Airbag Coverage SECTION III - PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and Carry-over balances from previous loans or leases, or (2) Actual cash value of the stolen or damaged property. b. An adjustment for depreciation and physical condition will be made in de- termining actual cash value at the time of "loss". (e) Includes copyrighted material of ISO Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N. Glass Repair - Waiver of Deductible SECTION III - PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manag- er, if you are a corporation; or 4. A member or manager, if you are a lim- ited liability company. AA2880116 P. Unintentional Failure to Disclose Hazards Q. SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DEFINITIONS, C. "Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. "Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness or disease. R. Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto" in operations for or affecting a railroad: 1. Section V - Definitions, H. "Insured con- tract", 1.c. is amended to read: c. An easement or license agreement; 2. Section V - Definitions, H. "Insured con- tract", 2.a. is deleted. Includes copyrighted material of ISO Properties, Inc., with its permission. Page 4 of 4 PINK LGOL ASSURANCE Halcyon Construction Inc 4627 W 20th Street Suite B Greeley, CO 80634 ENDORSEMENT: Blanket Waiver of Subrogation NCCI #: WC000313B Policy #: 4160879 IMA, Inc 1705 17th Street Suite 100 Denver, CO 80202 (303) 534-4567 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date:January 1, 2021 Expires on: January 1, 2022 Pinnacol Assurance has issued this endorsement December 28, 2020 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P DEANDAM - Underwriter 17:31:31 4160879 55083644 359-6 Contract Form New Corr Enfir quest Entity Name* HALCYON CONSTRUCTION INC Entity ID* O040605 Contract Name* ENFORCEMENT SERVICE MOWING CONTRACTOR Contract Status CTB REVIEW Contract ID 6663 Contract Lead* TBOOTON ❑ New Entity? Parent Contract ID 4581 Requires Board Approval YES Contract Lead Email Department Project # tbooton@co.weld.co.us Contract Description* ONE OF TWO MOWING CONTRACTORS TO CARRY OUT ENFORCEMENT PROCEDURES ON PRIVATE LANDS WHEN LANDOWNERS DO NOT COMPLY WITH THE NOXIOUS WEED ACT AND THE 10 -DAY LEGAL NOTICE ONCE RIGHT -OF -ENTRY HAS BEEN GRANTED. Contract Description 2 Contract Type* RENEWAL Amount* 03,000.00 Renewable* NO Automatic Renewal Department PUBLIC WORKS Department Email CM- Publ icWorks€weldgov. com Department Head Email CM-PublicWorks- DeptHead@weIdgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORNEY@WELDG OV.COM If this is a renewal enter previous Contract ID 5630 If this is part of a MSA enter NSA Contract ID Requested BOCC Agenda Date* 02,15 2023 Due Date 02/11?2023 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Effective Date Review Date 01/0112024 Renewal Date Termination Notice Period Conta Coot ation Contact Name Porch Purchasing Approver Approval Proc Department Head .CURTIS HALL DH Approved Date 02/02/2023 Fi ROCC Approved MCC Signed Date BOCC Agenda Date 02/08/2023 Originator TBOOTON Contact Type Committed Delivery Date Contact Email Finance Approver CHERYL PATTELL! Expiration Date* 03/04/2024 Contact Phone 1 Purchasing Approved Date Finance Approved Date 02,/03/2023 Tyler Ref # AG 020823 Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date 02/03/2023 Corrlvaci-i D456230 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Renewal of Enforcement Contractors DEPARTMENT: Public Works DATE: February 22, 2022 PERSON REQUESTING: Tina Booton Brief description of the problem/issue: 2021 was the first year of the bid for the enforcement mowing and spraying contracts. Therefore 2022 is the first year of a possible two-year renewal of the existing bids. The Consumer Price Index is 7%. Three of the four contractors from 2021 have agreed to keep their prices the same or under the CPI for 2022 and want to be used as the County enforcement contractors. The fourth contractor exceeds the 7% CPI and will be excluded from this contract. The contractors extending their contracts were responsive when contacted in 2021 and this spring. There were no issues with any of these contractors. • OneCor Services would like to renew their spraying contract at the same prices as in 2021. • Halcyon Construction, Inc. would like to renew their mowing contract at the same prices as in 2021. • GRC Consulting, Inc. would like to renew their mowing contract at 2% increase on the bid prices from 2021. • Weed Man contract for spraying will not be renewed. What options exist for the Board? (include consequences, impacts, costs, etc. of options): A. Accept the three contract extensions that kept their prices for the mowing and spraying enforcement contracts, while rejecting the fourth business that requested renewal at a rate higher than the CPI. These contractors allow us to work with negligent landowners and bring them into compliance with the State Noxious Weed Act and Weld County Code Chapter 15. Enforcement is the last option we utilize to achieve compliance. B. Re -bid the mowing and spraying enforcement contracts. Recommendation: A. Accept the three contract extensions for the mowing and spraying enforcement contracts that meet the terms of the contract. Approve Recommendation Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Consad- d 30/ ZZ Sc edule Work Session Other/Comments: 3/ 9/ate 202 -OGIO 3 6C-iVc1 Christie Peters From: Sent: To: Subject: Attachments: Adam Stamp <adam@halcyonconstruction.org> Thursday, February 25, 2021 9:59 AM bids Bid #B2100050 Weld County Enforcment Mowing Bid 02 25 2021.pdf ()r\mctceA tt X1 581 � I1812� Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attached please find a bid for Weld County Enforcement Services Mowing Bid#82100050. Please let me know if you have any questions or concerns. "I hereby waive my right to a sealed bid" Thank you for the opportunity Adam II. AN Adam Stamp Land Director Halcyon Con struction, Inc. Cell: 303-775-9645 Office: 970-515-60 76 Fax: 303-845-8557 Main: 3540 State Highway 52 Suite F3 Frederick, CO 80516 Email: wiatn alltalc pot,. construction Webslte: it-' is' ii.'. I;ujcron. cull.vii'uc'twn 1 MAR 0 9 2022 CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF PUBLIC WORKS AND (Halcyon Construction, Inc) This Agreement Extension/Renewal ("Renewal"), made and entered into 7 day of February, 2022, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Public Works, hereinafter referred to as the "Department", and Halcyon Construction, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 20210903, approved on March 29, 2021. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on March 5, 2022. The parties agree to extend the Original Agreement for an additional one-year period, which will begin March 6, 2022, and will end on March 5, 2023. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. This is the first year of two possible extensions. 2. There is no change in bid prices from the original bid in 2021 as long as diesel stays below $4.00/ gallon. 3. The PO will not exceed $3000. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: AlarASAck, Print':, ame Sia`re BOARD OF COUNTY COMMISSIONERS WELD COjJNTY, COLORADO Scott K.`James, Chair ATTEST: Weld C Deputy Clerk _.-.x.903 Tina Booton From: Sent: To: Subject. Adam Stamp <adam@halcyonconstruction org> Monday, January 17, 2022 11 00 AM Tina Booton Re Weld County Enforcement Contract Caution This email originated from outside of Weld County Government Do not click links or open attachments unless you recognize the sender and know the content is safe Tina, Thank you for reaching out We greatly appreciate the opportunity to renew our contract There will be no price increase this season as long as diesel fuel prices stay under $4 00 a gallon Please let me know if you need anything else from us for the renewal Thanks again Adam Stamp On Fn, Jan 7, 2022 at 7 34 AM Tina Booton <tbooton@weldgov corn> wrote I am working on getting everything put together for this coming weed season I know we didn't do much in terms of enforcement last year with landowners, however it is good knowing that we have your assistance if needed to get compliance from landowners As such, I wondered if you wanted to renew the contract for a second year? If so, would there be an increase in costs? Please let me know so I can begin the paperwork on my end Sincerely, Tina Booton Weed Division Supervisor Weld County Public Works PO Box 758, 1111 HStreet Greeley, CO 80632 970-400-3770 www weldweeds org 1 H yon nstruction Halcyon Construction Inc. 3540 State Highway 52, Suite F3 Frederick, CO 80513 970-515-6076 Bid Number #B2100050 Description: Enforcement Services/ Mowing & Spraying Department: Public Works Dept/ Weed Division Bid Opening Date: February 25, 2021 y/w w.halcyo_n.cons ruction Hai&on onstruction SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: REQUEST FOR ENFORCEMENT SERVICES MOWING AND/OR SPRAYING WELD COUNTY COLORADO - COUNTY WIDE PROJECT LOCATIONS I. Purpose Weld County is soliciting bids from qualified consultants for contractual services of mowing and/or spraying in Weld County. Two separate bids are included p i n this contract. These bids are for mowing, and private parcel spraying. II. Scope of Services The Weed Division of the Weld County Public Works Department manages the noxious weed control program for Weld County, Colorado. The weed control program was established under the Colorado Weed Management Act, Section 35-5.5-101, et. seq., CRS, and Weld County Code, Chapter 15. Both laws provide the right to enforce weed control measures on negligent p d landowners if all of the appropriate steps have been followed. A. General Project Description The Weed Division will carry out enforcement procedures on landowners failing to comply with legal notice from May through October. Depending on the growth of the noxious weeds targeted, mowing or herbicide treatment will be used to bring the landowner's downer s infestation into compliance with Weld County Code Chapter 15. B. Project Requirements The purpose of this bid is to establish the basic costs of various items such as different classes of mowing and different classes of herbicide treatment so that the County can, on relatively short notice, have noncompliant lands within Weld County brought into compliance by applying one or a combination of the items most appropriate to an individual site and time. The Contractor must be able to respond to a County request for work within 3 working days, unless a longer time frame or future date is defined by Weld County, with all of the labor, equipment, and materials necessary to complete the requested work in a timely manner. All work shall be completed in accordance with these specifications, accepted horticultural practices, and the project work order. All permits, licenses, fees and traffic control associated with any work under this Contract are the responsibility of the Contractor, unless otherwise noted. Due to the size of Weld County, the variety of project types and that timeliness is essential in this contract, the Weed Division Supervisor will work with several Contractors. wwwhalcyon:cons truction on nstruction III. Term of Contract This Contract is a renewable one year term. The County, at its sole option, may offer to extend this Contract for up to two additional one-year terms (for a total of three possible years). The extension option may be exercised providing satisfactory service is given and all terms and conditions of the contract have been fulfilled. Such extensions must be mutually agreed upon in writing, by and between the Public Works Department Weed Division Supervisor and the Contractor. An increase of 5% or less can be approved by the Director of Public Works. Extensions more than 5% must be approved by the Board of County Commissioners or re -opened for a new bidding process. IV. Enforcement Specifications A. Areas to Be Treated All areas to be treated under this contract shall be within the unincorporated portion of Weld County as established by Section 35-5.5-109, CRS, or within municipality boundaries with written approval from the municipalities governing board. B. Class I Herbicide Classification Class I is field spraying. The minimum equipment required is a truck or pick-up mounted sprayer with a minimum tank capacity of one hundred (100) gallons. Sprayer must include a boom with nozzles spaced according to manufacturer's specifications and capable of delivering a minimum of ten (10) gallons per acre with a minimum swath width of fifteen (15) feet. C. Class II Herbicide Classification Class II is handgun applications. The minimum equipment required is a truck or pick-up mounted sprayer with a minimum tank capacity of two hundred (200) gallons. The handgun attachment must be capable of delivering a minimum of fifty (50) gallons per acre and having a minimum of 100 hundred (100) feet of hose. D. Class III Herbicide Classification Class III is hand applications. The minimum equipment required is a backpack or hand-held sprayer with a minimum tank capacity of three (3) gallons. E. Class IV Herbicide Classification Class IV is cut stump treatments. The minimum equipment required is a backpack or hand-held sprayer with a minimum tank capacity of three (3) gallons and chainsaw or other mechanical tools as appropriate. www.hal yon,constr.uctiun on nstruction F. Class I Mowing Classification Class I is tractor weed mowing. The minimum equipment required is a farm tractor with a minimum of fifty (50) horsepower and a five (5) foot rotary mower. G. Class II Mowing Classification Class II is tractor weed mowing. The minimum equipment required is a farm tractor with a minimum of eighty (80) horsepower and a 15 — 20 foot rotary mower. H. Class III Mowing Classification Class III is hand weed mowing. The minimum equipment required is hand-held equipment such as string mowers, hand sickles, or high wheeled industrial lawn mowers. J. Materials and Equipment The Contractor shall supply all materials and equipment including, but not limited to, herbicides, water, sprayers and mowers necessary for completion of the Contract. V Execution of Specifications A. Method of Application Method of application shall be determined by the Weed Division Supervisor. This will be based on individual site conditions. B. Herbicides Allowed 1. 2, 4-D Amine 4.0 lb. active ingredient per gallon 2. Dicamba 4.0 lb. active ingredient per gallon 3. Vista XRT or Fluroxypyr 2.8 lb. active ingredient per gallon 4. Telar 75% D.F. 5. Plateau or Imazapic 2.0 lb. active ingredient per gallon 6. Milestone 2.0 lb. active ingredient per gallon 7. Rejuvra 1.67 lb. active ingredient per gallon 8. Garton 3A or Triclopyr aquatic 3.0 lb. active ingredient per gallon 9. Surfactant: 90% non-ionic active ingredients, or methylated seed oil depending on the weed species targeted. www.halcyon.construction on nstruction C. Rates and Usage Herbicide rate and type shall be subject to the approval of the Weed Division Supervisor. Such usage must conform to the environment conditions of the site, to the landowner's request, and shall conform :o label restrictions. The contractor must follow all safety, application and precautionary statements on the label. D. Product Substitutions The Weed Division Supervisor shall evaluate all requests for product substitutions. All such requests must be in writing and must include a detailed description of the benefits and any alterations of price. No product substitutions shall be made without the prior written approval of the Weed Division Supervisor. E. Required Control All herbicide applications must be of the correct type, rate and timing to guarantee control of weed top growth for a period of 90 days following application. Translocating herbicides will be used to insure some root control and reduction of existing weed stands. F. Safety Clothing and Equipment for Applicators Spray applicators shall wear appropriate clothing and safety equipment as recommended on the label. If applicators are not properly clothed or protected, the Weed Division Supervisor or staff may stop the spray operations until minimum safety requirements are met. G. Equipment Inspection The County may inspect all pesticide application equipment, and/or the chemical tank mix of the Contractor at any time during the project period. All equipment shall be cleaned on the site, prior to leaving to decrease the potential for spreading noxious weeds. The County shall be under no duty to inspect every time. H. Mowing All weeds shall be cut to a height of not more than six inches. All seed heads and stems must be completely severed from the basal portion of the plant. Areas mown must be uniformly cut with no skips or weeds left standing. All patches of noxious weeds will be mowed. Only areas infested with the noxious weed will be mowed as discussed during the on -site meeting. I. Herbicide and Mowing Application Record The Contractor for both herbicide applications and mowing shall complete a record of application for each job assigned or more often as environmental and/or site conditions warrant, on forms supplied by Weld County. Application record forms shall be completed in full and delivered to the www. halt-tyon.construction H a yon nstruction Weed Division Supervisor within one (1) week after completion of the job. A site description detailing the location of the actual work performed shall be included. J. On Site Meeting A meeting between the Contractor and the Weed Division Supervisor or their staff shall be required for each parcel to be treated through herbicide or mowing operations. Said meeting will be held at the job site with the intention that the contractor will be able to start the job that day, if possible. The following information will be discussed at the job site: Expected starting date Expected completion date Property boundaries and estimated acreage as determined by an aerial map from Acrview and/or GPS mapping Extent of work to be done Herbicides to be used (if applicable) Application equipment Any potential problems with site or treatment Application records and maps will be given to the Contractor at this time Property owner K. Set -Up Charge The County shall pay the Contractor a one-time set-up fee for each separate landowner. The set- up fee includes but is not limited to, Contractor's time and travel expenses to and from the on - site meeting and any additional meetings necessary for the site. Set-up charge shall be a flat fee applicable to any and all parcel sites. L. Project Start Date If the Contractor returns to a property later than five (5) days after the initial meeting with the Weed Division Supervisor or their staff and finds the weed control work already completed by the landowner, the Contractor shall not be eligible for the set-up charge. If the Contractor does not return to a property to carry out weed control measures, after the Contractor accepts the job, the Contractor shall not be eligible for the set-up charge. Spraying the roadsides shall begin no later than seven (7) days after initial contact. M. Confronting the Landowner on Site If the Contractor is confronted and asked to leave the property by the landowner or his agent; the Contractor shall do so immediately. without performing further treatment. The Contractor shall be paid for work completed at the time of leaving. If no work was performed before the Contractor was removed, only the set-up charge will be paid. The Contractor shall notify the Weed Division Supervisor within twelve (12) hours of landowner interference in treating the property. Failure to notify the Weed Division Supervisor within said time limit will result in non-payment of all charges. www. halcyori.constr uction HaI(yon nstructiofli N. Down Time and Unforeseen Circumstances For the purposes of this contract, the term "down time' shall be defined as any project time spent in nonproductive activities such as, but not limited to: time spent gaining access; time required to secure Weed Division or Sheriffs office assistance for access; Landowner interference; Extreme operating conditions, such as trash removal or unseen field conditions. There shall be no "down time" for Class IV roadside noxious weed control applications. Down time shall NOT include: equipment difficulties; equipment breakdown; employee negligence or illness. Payment for any activity billed to the County as "down time" shall be contingent upon the approval of the Weed Division Supervisor, and shall not total more than two hours per parcel. VI. Work Order Request and Payment A. Notice to Proceed - The Weed Division Supervisor shall call the Contractor and discuss the work to be performed. The Contractor shall have the right to refuse any job. Refusing more than fifty percent (50%) of assigned jobs will result in the termination of this Agreement. B. Contractor's Cost Estimate - The Weed Division Supervisor will develop a written work order based on bid prices. At the On -Site Meeting the work order will be reviewed, the start date and an estimate of time required to complete the work will be filled in. C. Work Order - Upon receipt of and agreement with the Contractor's cost estimate and time to complete, the Weed Division Supervisor shall provide the Contractor with a signed Work Order (see Exhibit A). The Contractor shall begin and complete the work as agreed to in the estimate. A signed/accepted cost estimate will be the Notice to Proceed with the onsite meeting. D. Performance of the Work - All work is to be performed by qualified personnel thoroughly familiar with proper and accepted methods for herbicide applications and/or mowing operations. All work is to be performed under the direct supervision of the Contractor's superintendent, who shall be thoroughly familiar with the provisions of this contract. E. Job Start and Completion- The Contractor shall telephone the Weed Division Supervisor at (970) 304-6496 EXT. 3770 or at (970) 381-4052, when they reach the job site to start spraying or mowing operations as well as when they have completed the job. Failure to call the County at the start and completion of a job may result in nonpayment. The following information shall be given: Contractor's name and company; date and time; parcel location or number. F. Payment for Completed Work - When work has been completed on any project, the Contractor and the Weed Division Supervisor shall inspect the site together and determine the total area of the work, and whether or not the work is complete and has been done in www. h a lcyon.construction Hal yon onstruction accordance with the work order. If mutual agreement cannot be reached on these issues, the determinations made by the Weed Division Supervisor shall be final. Deficiencies in the work, if any, shall be noted and a checklist of these deficiencies given to the Contractor by the Weed Division Supervisor. The Contractor shall immediately correct any deficiencies listed on the checklist. G. Billing — All work completed by the Contractor shall be billed to the County within 7 days after completion. The billing will also be complete for all parcels owned by an individual or company. VII. Warranty The Contractor shall warrant all herbicide treated areas against defective materials and/or workmanship for ninety (90) days from the date of Conditional Acceptance. The Contractor shall retreat (in accordance with the provisions in the original project work order) any areas that noxious weeds are able to flower again during the warranty period, at no additional cost to the County. ANY DEVIATIONS FROM THE STANDARDS GIVEN ABOVE MUST BE SUPPLIED AND APPROVED PRIOR TO THE AWARD RECOMMENDATION BY THE COUNTY WEED DIVISION SUPERVISOR. www.halcvon.construction yon onstruction Exhibit A Enforcement Services Contract Cost Estimate and Work Order Herbicide Spraying Mowing Contractor: Fax Please be advised that Weld County requests a Written Cost Estimate on this form, and Notice to Proceed on the following project: Landowner Name and Address: Property Parcel Number: Legal Description: Targeted Species: Visible evidence of prior treatment: Bid Item Item Description Acres Quart/Pint/Oz. Bid Costs Hours Current Acres Job # Current Job Est. Cost 1 Class I Mowing 2 Class II Mowing 3 Class III Mowing 4 Class I Spraying 5 Class II Spraying 6 Class III Spraying 7 Class IV Spraying S Herbicide 10 9 Herbicide I Surfactant 11 Down Time Subtotal : Items Extra Region 1 Region 2 Region 3 Region 4 Set -Up Charge** www haIcyo .c()nstruction Hal yon nstruction Total Estimated Cost: Contractor's Signature: Date: Actual Start Date and Time: Actual End Date and Time: County Weed Division Supervisor: Date: Herbicides: Trade Name EPA Registration # Application Rate 2. Trade Name EPA Registration # Application Rate Temperature F Wind Direction and Speed MPH Soil Condition: Wet Dry Cloud Cover Exhibit B www, halcyon.construction 770 A/ 7-7AJ • -11J AJ %IV Plea nee FAIDIerot • • • .. 7 -IA/ ft a. --P • • _- • • .♦ • • -s a • • r S. • • • • •• .. • • - . • .. . . Halg'yon nstruction Regions of Weld County RUw R4S& /24,4J Alaw 424.7AJ ,e -4/A) •• • • • • • f\_t . • • . . . •• •.....•• . . . 7.1 ......... . .••• • ••.•V.•.•1, ►• ••• N .•N•• �•.••.•N*I •••...•...fl.• Of •••• N»N PIP 2Ow r161.O Eca.' R646w to id Am. ,QG/w A M • . • . .QGo a 116941 , a& RS27w ieSioe.. r• S - n..- to r•. III I M B.H...• m0.'01°1. •re •ee Sal w ..•rw..,.• ...r.«..... dsu - -47,;:17 •r•f• -" Maros ♦1- Norms? in • • . • 0... M MA"- • • • • .• ... It. T{hv w • REGION RYolo7 RsoroN .p • . • • 7%A/ www.halcyon.construction 111-• NORTHEAST WELL N- SMITHY*? MID t- SOUTHEAST WELD el. • , • • • • a • w S. • • r • • • • • . • • • • • • •• .- 1• $I IS r•• �n� • -w a . . • w S CO Math • • • r • K • • • .-- • • fl?" flN ZLI COUNTY se 1614401 •Ns •• •• HaIn onstruction BID ITEMS FOR MOWING CONTRACT All spaces must contain a bid price in the units indicated if bidding on the mowing contract. B Bid Item Region 1 Region 2 Region 3 Region 4 Class I $50/acre $60/acre $40/acre $50/acre Class II $45/acre $55/acre $35/acre $45/acre Class III $55/hour $65/hour $40/hour $55/hour 1_J a .. . mowing bid prices are on a per acre rate. Set-up charge per parcel: Region 1 Region II Region III Region IV $150 $100 $150 $150 _ Down -Time Charge: $100 per hour Respectfully submitted: Business Name: Halcyon Construction Inc. By: Adam Stamp Title: Owner Address: 3540 State Highway 52 Suite F3 Frederick, CO 80516 Date: 2/20/2021 Phone Number: Office 970-515-6076 Cell 303-775-9645 www.hdlcyon.cor,struction on nstruction Experience and References Please provide a brief description of your experience with spraying or mowing. Include years of work, types of projects worked on and any other pertinent information available. Describe equipment to be used. Adam Stamp, Land Services Director/Owner of Halcyon Construction. Adam owned and operated Stamp Land Services from 2002-2020, joined forces with Halcyon Construction in the fall of 2020. Stamp Land Services primary focus was mowing, maintenance and fencing of large and small tracts of ground in Boulder, Larimer, Adams and Weld counties. Extensive mowing experience with all types of clients from DR Horton to large and small HOA's as well as individual landowners. Crew sizes vary from 2 to 20 depending on the size and scope of the project. Mowing equipment ranges from small to large. Multiple zero turn mowers from 50" to 72" deck sizes. Tractors with 55hp and 8' mowing decks, as well as 100 hp tractors and 15' mowing decks. Handheld string trimmers with brush cutting heads are also used. Please provide contact information for at least three (3) business references. Name: Meg Heller Address: 7520 Rodeo Dr Longmont, Co 80504 Phone: 303-718-0657 Service provided and dates: Acreage Mowing String Trimming 2002- Present Name: Dennis Bennett Address: Soaring Eagle Ranch HOA Severance CO Phone: 303-912-2443 Service provided and dates: Acreage mowing, string trimming and finish mowing 2007- Present Name: B. Schlepp Address: 8712 Portico Ln Longmont CO 80501 Phone:970-373-8021 Service Provided and dates Mowing, String trimming 2007- Present ADDENDA Addendum Number B2100050 Date of Addendum 2/5/2021 www.h aicyon.coristruction Date Received 2/10/2021 on nstruction The undersigned certifies that he has examined the specifications and instructions to bidders and has submitted a bid in full compliance and without collusion with any other person, individual or corporation. PLEASE READ THIS PARAGRAPH AND CHECK THE BOX BELOW X I understand that I must provide proof of insurance if awarded this bid. I also understand that the award may go to the next lowest bidder if I do not provide proof of insurance within the required 10 days after Notice of Award. 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 proposal for Request No. #B2100050. 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 proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal 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. FIRM: Halcyon Construction Inc. BY Adam Stamp (Please print) BUSINESS ADDRESS: 3540 State Highway 52 Suite F3 Frederic, CO 80516 DATE: February 202021 TELEPHONE NO 970-5156076 FAX : 303-845-8557 TAX ID # 46-1226732 SIGNATURE E-MAIL Adam@halcyon construction ‘tip.n w.hd►cyon.construction Ir r Hai(yon nstruction WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 -- 10. THANK YOU! **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Director of General Services www. ha Icyoi' construction on nstruction Halcyon Construction Inc agrees with and acknowledges the terms and conditions included in the Continuing Services Contract and supplemental Addendum 1 with no changes or deviations as of today February 20, 2021 www. haicyon.construction 6 ty, state. slid ZIP code — --- _. Frederick, CO 80516 7 tit account mint e,(s) hero loptiarial) — Texpayer Iclentification Number,'iN) Enter TIN in the appropriate box. -The he TINprovided—must —.. backup your TIN withholding. For appropriate bo this is TIN prid your motto the name given j resident alien, solegenerally Y soon) security g litre i to avoid--Tssosul,ty ^Umber — re proprietor. or disregarded entity, see the Part i instn tionson(page . However. o heron a t = TIN on page 3- emp(ovr3r Idenktication number (EIN). If you do not have a number, see Flow to get a Note. If the account is in more 'hair one name, see the Instructions for tine 1 and Iho chart on page 4 for guidettnes on whose number to enter Form lRev. December 2014) Depanindu of the Crease, Internal Revenue Sense "Y 1 Name (as Shown on your lucerne tax return) Name is required on the lino, do not leave this line blank 2 Businoae narriktiarraq,earde d entity name, if ditteient from above Haic on Construction, Inc. W-9 3 Cheek appropriate box tort +_-- �--aederet tax ctassthcatxtn; check a xcez I J Indwicual/aae propaator or �'� C Corporation NY ORe Or IhA (CdInVling aeygra baxox. Angle -member t.Lc A S Corporation Partnership -� U Limited Mobility company Enter the tax classic' p Trusuastoto .=C corporation, S>S corporation. Popyrtrmaidp) ► Note. Furs ar le. Kr+twn « n9 'Mph the LLC IRaf is dtsrowner ?. do not check tI.C, Chock the appropriate t—� the tax cfasadkarlbrmf singreenemeor owner -- D Other free aiateietioie) ► F p pilafs box in the We above rot Adtlrosa (number, straw. and apt ur a 3540 Highway 52, Suite F3 nn.j - entities it is your Request Identification Number and Certific ation Give Form to the requester. Do not send to the IRS. 4 Exennptions (cot)0S any qty to Wnakt entities, not Inetweeala. sea, i instructions on pane 3), Exempt payee code (it any) Exemption from FATCA reporting code (if any) ("patios to wrru,a, toototatocaotaseu ow St` Raquestr's tame and a t&ris (optwna) `— -- or employer Identification number Under __ f J l < I. The number shown on this torn is my correct taxpayer identification number (or I am waiting for a number to be issued to me): and 2. tam not subject to backup withholding because; (a) I am exempt from backup wtthhokiinq, or (b) I have not been notified Service (IRS) that I am subjecto backup withholding as a result of a failure to report all interest of dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and by the Internal Revenue 3, I am a U.S. citizen or Other U.S, person (defined below): and 4. The FATCA code(s) entered on this form (il any) indicating that I am exempt front FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2r does note apply or mortgage ding interest paid, acquisition Or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement generafiy, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. (IRA), and Sign signature of Here U.s. person ► Certification penalties or p�)tny l certify th General Instructions Sechon refcvencea are to the Internal Rovwwe Coda txWaSs otherwise noted Future developments tetormaho+. atx.;a devetopmenls affecting Form W-9 (such as legislation enacted actor no rotunso r1p rs at ttAmira.lrovlAw9. Purpose of Form An +nawvtlual or entity (herrn W-9 nrx(tteteer) who iS required to hie an elferrtlalmn return wan the IRS must Obtain yOta core, t fnxpavnr inontitwatian ,O,mtl.,r (rilf) wince may be your erxia, Cocurity mamba. (:Sip), mrytvitluel taxpayer ktantitioation nuamcter STIN), adoption taxpayer xIontiticclion number IATIN), U employer identification number (EOM, to report 0n an information return the amount ptud to you. Cr atria: amount repnrt,lba on an Iniwmation return F ,ambles of Nor.mation retwnS eu;krde. but are not '1. nttod ts, the following • `:win 1099 -'Ill (interest eau mil nr pain) • Form 1099 -LW (dhndcnrts Solace -up tneaO.roan 3lcc'n Or mutual rurott) • Form '099-MISC (Vie QUO types di income 00102, awards., rt 1)rrass rrucecds) • Form 10.19.8 iStOie 0r muttioI hind stile and 0Crlar t olnn .ra~sn,u_II.r,a bk broken) • foul 1099.9 f;XUw*nus from real estatl$re,isecribns) • Farm lnest-K (o, all card and I'Iliu'no ly net with Val lOaCtln,15) su Date ► 6/4/2020 • Form 1098 (home mortgage interest), 'owe (student loan irdervel( 1090. I (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you an, a U S. person (inckiding a resident alien), to provide your correct TIN. If you do not return Fop,; W-9 to file requester with a TIN, you 'rigor be, suaiecr to backup withho!as,ng. Soo Whet Is backup witbholdsng7 on page 2. By signing the filled -out form. you 1. Certify that toe TIN you are giving is correct (or you are waling fora number to be issued), 2 Certify that you are not alibied to backup withholding, or 3 Claim r, xnr!tpliorl horn backup wrthllnkhrtg if you dra it U S exempt peyoo. If applxab!c. you pro alsncrylityirrp teat as a LI.5 person, y,rur al'ocablo snare ul any partnership irctxnr.i Imo, a U. 5. Irarin Or Meant: SS la not 9ubeol to the wivaltik irtg tax on tororr l pawnor,' smart 01 effectively connected acme. aryl Curtly That I-Mt.7A,1rxi0(s) entered on this form (if any) Indicating teat y0,, art exempt 'tom the FAICra reporting, is eorreir;t Sao Wnat is FAICA tepwteXl! 0r+ page ? for further 'Morn lion., iidl No 10231X Form W-9 (Rev 12-2014) ACc1Rtf CERTIFICATE OF LIABILITY INSURANCE `----- DATE(MMIDD/YYYY) 2/24/2021 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 policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IMA, Inc. - Colorado DivisionPHONE 1705 17th Street, Suite 100 Denver CO 80202 CONTACT IMA Denver Team 1 FAT ,.Ell 303-534-4567 U , Not_ ADDREss: DenAccountTechs@imacorp.com INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A : The Cincinnati Insurance Company 10677 INSURED HALCCON Halcyon Construction, Inc. 3540 Highway 52, Suite F3 INSURER a : *Pinnacol Assurance 41190 INSURER C:_ Frederick, CO 80516 INSURERD: INSURER E : INSURER F : • THIS INDICATED. CERTIFICATE EXCLUSIONS IS TO CERTIFY THAT THE POLICIES OF NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY PERTAIN, AND CONDITIONS OF SUCH POLICIES. INSURANCE LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN ISSUED TO CONTRACT THE POLICIES REDUCED BY IMMIDDIYYYYI THE INSURED OR OTHER DESCRIBED PAID CLAIMS. NAMED ABOVE FOR THE DOCUMENT WITH RESPECT HEREIN IS SUBJECT TO -_-__. LIMITS POLICY PERIOD TO WHICH THIS ALL THE TERMS, __ _ _ INSR LTR TYPE OF INSURANCE AbDL MST] SUER WVD --------__.,,--.-_._._.....__.P0LI�EFF POLICY NUMBER POLICY EXP (MIWDDIYYYY) A X COMMERCIAL GENERALLIABILITY CLAIMS -MADE ( %( OCCUR ENP0559732 12/5/2020 12/5/2021 i EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED RREMIS, $-(EaOcaxrence) $100,000 _-_..._.0. $ 10,000 -- GE X PD Den: $250 MED EXP (Any one person) --------- PERSONAL & ADV INJURY $ 1,000.000 1. AGGREGATE LIMIT APPLIES PER- 1 .I POLICY _; JC LOC OTHER. GENERAL AGGREGATE ._.- $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILELIABLITY X _ _ ANY AUTO OWNED (( ( SCHEDULED AUTOS AUTOS ONLY I —� AUTOS i NON -OWNED AUTOS ONLY HIRED I -X_i AUTOS ONLY ENP0559732 12/5/2020 12/5/2021 COMBINEDDSINGLE LIMIT ga $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY(Per acddent) $ PROPERTY l4MAGE I $ A X UMBRELLALIAB EXCESS LIAB X 1 OCCUR i CLAIMS -MADE ENP0559732 12/5/2020 12/5/2021 EACH OCCURRENCE $ 5,000.000 AGGREGATE $ $ 5,000,000 1 OED X RETENT ON $ 1llnnn $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR!PARTNERIEXECUTIVE N OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under._. DESCRIPTION OF OPERATIONS below NIA 4160879 1/1/2021 I 1/1/2022 X i PER STATUTE 0TH - I STATUTE . ER. E..L. EACH ACCIDENT — $ 1,000,000 EML- DISEASE - EA EMPLOYEE E1- DISEASE - POLICY LIMIT L$ 1,000,000 ___._. S 1,000,000 A Builders Risk ENP0559732 12/5/2020 ( 12/5/2021 Any One Location Temp Loo/Trans,t Deductible $3,000,000 $500,000 $5,000 DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES IACORD Contractors Equipment Coverage: Policy #ENP0559732 Effective Dates: 12/05/2020-12/05/2021 Insurer $181,200 Limit; $1,000 Deductible Leased & Rented Equipment Coverage: Policy #ENP0559732 Effective Dates: 12/05/2020-12/05/2021 Insurer $352,000 Limit; $1,000 Deductible See Attached... 101, Additional Remarks Schedule, may be A: See Above A: See Above attached if more space is required) CANCELLATION • Weld County P. O. Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HALCCON LOC #: AC R ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY IMA, Inc. - Colorado Division NAMED INSURED Halcyon Construction, Inc. 3540 Highway 52, Suite F3 Frederick, CO 80516 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: RKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Professional/Pollution Coverage: Policy #PEC005329502 Effective Dates: 12/01/2020-12/01/2021 Insurer: Indian Harbor Insurance Company $1,000,000 Aggregate; $25,000 SIR Weld County is included as Additional Insured on the General Liability, Automobile Liability, and Umbrella Liability policies if required by written contract or agreement and with respect to work performed by Insured, subject to the policy terms and conditions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only with respect to liability for: a. "Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf. under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b. "Bodily injury" or "property damage" caused, in whole or in part, by "your work" performed under that written contract or written agreement and in GA 472 09 18 cluded in the "products -completed operations hazard", but only if: (1) The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard"; and (2) The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products - completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products -completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the "prod- ucts -completed operations hazard", this Paragraph b. does not apply to that person or organization. 2. If the written contract or written agree- ment described in Paragraph 1. above specifically requires you to provide addi- tional insured coverage to that person or organization: a. Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- graph A.1.b. above, whichever applies, is replaced by the phrase arising out of. 3. With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4. This Paragraph A. does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations 1. Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing, a contract, agree- ment, permit or authorization. GA 472 09 18 2. With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b. "Bodily injury" or "property damage" included within the "products - completed operations hazard." C. The insurance afforded to additional insureds described in Paragraphs A. and B.: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and B., the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the addi- tional insured is the amount of insurance: 1. Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A, and B.: or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury" offense is com- mitted: 1. During the policy period; and Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F. Except when G. below applies, the following is added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1. As otherwise provided in Section IV - Commercial General Liability Condi- tions, 5. Other Insurance, b. Excess In- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, this insurance is also excess. G. The following is added to Section IV - Com- mercial General Liability Conditions, 5. Other Insurance, and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary to any other in- surance available to the additional in- sured. GA 472 09 18 As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. H. Section IV - Commercial General Liability Conditions, 9. Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. 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 because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c. is replaced by the following: c. Regardless of the provisions of Par- agraph a. above, this Coverage Farm's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract SECTION II - LIABILITY COVERAGE, A. Coverage, I. Who is an Insured is amended to include as an insured any person or organi- zation with which you have agreed in a valid written contract to provide insurance as is af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1. Executed prior to the accident causing "bodily injury" or "property damage"; and 2. Is still in force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the Section II - Liability Coverage, A. Coverage, 1. Who is an Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance is amended by replac- ing Paragraph 5.b. with the following: b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "em- ployee's" name, with your per- mission, while performing duties related to the conduct of your business. AA 288 01 16 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" is the lesser of: a. The actual cash value of the dam- aged or stolen property as of the time of the "accident"; b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently in- stalled housing unit as described in Paragraph 2.a. above; or c. An integral part of such equipment. F. Who is an Insured - Amended SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1. Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy, or would be an "insured" under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H. Amended Fellow Employee Exclusion SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. I. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. AA 288 01 16 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage indudes loss of use of that hired au- to, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above. J. Rental Reimbursement SECTION II - PHYSICAL DAMAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 5. We will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under SECTION III - PHYSICAL DAM- AGE COVERAGE, A. Coverage, 4. Coverage Extensions. AA 288 01 16 K. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L. Airbag Coverage SECTION III - PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or (2) Actual cash value of the stolen or damaged property. b. An adjustment for depreciation and physical condition will be made in de- termining actual cash value at the time of "loss". Includes copyrighted material of ISO Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N. Glass Repair - Waiver of Deductible SECTION III - PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manag- er, if you are a corporation; or 4. A member or manager, if you are a lim- ited liability company. AA 288 01 16 P. Unintentional Failure to Disclose Hazards Q. SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DEFINITIONS, C. "Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. "Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness or disease. R. Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto" in operations for or affecting a railroad: 1. Section V - Definitions, H. "Insured con- tract", 1.c. is amended to read: c. An easement or license agreement; 2. Section V - Definitions, H. "Insured con- tract", 2.a. is deleted. Includes copyrighted material of ISO Properties, Inc., with its permission. Page 4 of 4 PINNI%C+OL ASSURANCE Halcyon Construction Inc 4627 W 20th Street Suite B Greeley, CO 80634 ENDORSEMENT: Blanket Waiver of Subrogation NCCI #: WC000313B Policy #: 4160879 IMA, Inc 1705 17th Street Suite 100 Denver, CO 80202 (303) 534-4567 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date:January 1, 2021 Expires on: January 1, 2022 Pinnacol Assurance has issued this endorsement December 28, 2020 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P DEANDAM - Underwriter 17:31:31 4160879 55083644 359-B ACCDRE, CERTIFICATE OF LIABILITY INSURANCE .-- DATE(MMIDD/VYYY) 2/24/2021 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 policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IMA, Inc. - Colorado Division 1705 17th Street, Suite 100 Denver CO 80202 CONTACT NAME; IMA Denver Team PHONE Na,Faiti s03-534-4567 _____ WC, Na EMAIL gODaEDenAccounlTechs C imac_99, corn ,g INSURER S AFFORDING COVERAGE INSURER A : The Cincinnati Insurance Comport ` INSURER B : *Pinnatol Assurance INSURER C,,,: NA(C/r 10677 41190 . _ INSURED HALCCON Halcyon Construction, Inc. 3540 Highway 52, Suite F3 Frederick, CO 80516 INSURERD: INSURER E : MBER: • THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF INSURANCE LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY PERTAIN, THE INSURANCE AFFORDED BY POLICIES. LIMITS SHOWN MAY HAVE BEEN `ii -j{ INSI.It y9YO 9 POLICY NUMBER ISSUED TO CONTRACT THE POLICIES REDUCED BY MMIDCY EFF I ID/YYVY THE INSURED OR OTHER DESCRIBED PAID CLAIMS. NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, ,_ LIMITS INSR LT.._-..,..._..._..,.�.. LTR TYPE OF INSURANCE fPOLICY M /OD A X .�__. COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Jj1 J 1! I ENP0559732 { 12/5/2020 12/5/2021 I I EACH OCCURRENCE D IAGETO NTED` PREMISES ( a r ce) MED EXP (Any one person) $1,000,000 ---------_._._._ $100,000 $10,000 X GENt --- - X PD Dad- $250 PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER AL GENERAGGREGATE i PRODUCTS-COMP/OP AGG $ 2 000,000 $ 2,000,000 $ A AUTOMOBILE X �__X LIABILITY ANY AUTO OWNED I SCHEDULED 1 ENP0559732 12/5/2020 { i 12/5/2021 COMBINdoinLED SINGLE LIMIT $1,000,000 $! ,.----- $ $ `5 — - BODILY INJURY (Per person) BODILY INJURY Per accident) 3 leR1` } iACrE A X X O € UMBRELLA LIAB OCCUR t EXCESS LIAR __. i t ^LATHS MADE I DOD X RETENTION$ 1ntnnn ENP0559732 ( E d 12/5/2020 € 12/5/2021 EACH OCCURRENCE 1.$5000,000 , AGGREGATE $ 5,000,000 B _AND WORKERS COMPENSATION EMPLOYERS' LIABILITY Y /N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? C N I (Mandatory in NH) ' I If yes, describe under DESCRIPTION OF OPERATIONS below N I A I 4160879 { 1/1/2021 1/1/2022 ( j X i DER � SATUTE ;_._ HRH E L EACH ACCIDENT $ 1 000 000 E L DISEASE EA EMPLOYEE: $ 1 000 000 E.L. DISEASE - POLICY LIMIT I $1,000,000 A Builders Risk I f i t I ENP0559732 I 12/5/2020 12/5/2021 I I Any One Location Temp Luc/franca Deductible $3,000,000 $500,000 $5,000 DESCRIPTION OF OPERATIONS t LOCATIONS 1 VEHICLES (ACORO 101, Additional Remarks Schedule, may be attached if more space Is required) Contractors Equipment Coverage: Policy #ENP0559732 Effective Dates: 12/0512020-1210512021 Insurer A: See Above $181,200 Limit; $1,000 Deductible Leased & Rented Equipment Coverage: Policy #ENP0559732 Effective Dates: 12/0512020-12/05/2021 Insurer A: See Above $352,000 Limit; $1,000 Deductible See Attached... CANCELLATION Weld County P. O. Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016(03) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HALCCON LOC #: ACRD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY IMA, Inc. - Colorado Division NAMED INSURED Halcyon Construction, Inc. 3540 Highway 52, Suite F3 Frederick, CO 80516 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Professional/Pollution Coverage: Policy #PEC005329502 Effective Dates: 12/01/2020-12/01/2021 Insurer: Indian Harbor Insurance Company $1,000,000 Aggregate; $25,000 SIR Weld County is included as Additional Insured on the General Liability, Automobile Liability, and Umbrella Liability policies if required by written contract or agreement and with respect to work performed by Insured. subject to the policy terms and conditions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractoes - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured .any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only with respect to liability for: a. "Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after: CO All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b. "Bodily injury" or "property damage" caused, in whole or in part, by "your work" performed under that written cortract or written agreement and in GA 472 09 18 cluded in the "products -completed operations hazard", but only if: (1) The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard"; and (2) The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products - completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products -completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the "prod- ucts -completed operations hazard", this Paragraph b. does not apply to that person or organization. 2. If the written contract or written agree- ment described in Paragraph 1. above specifically requires you to provide addi- tional insured coverage to that person or organization: a. Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- graph A.1.b. above, whichever applies, is replaced by the phrase arising out of. 3. With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4. This Paragraph A. does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations 1. Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing, a contract, agree- ment, permit or authorization. GA 472 09 18 2. With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b. "Bodily injury" or "property damage" included within the "products - completed operations hazard." C. The insurance afforded to additional insureds described in Paragraphs A. and B.: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and B., the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the addi- tional insured is the amount of insurance: 1. Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury" offense is com- mitted: 1. During the policy period; and Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F. Except when G. below applies, the following is added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1. As otherwise provided in Section IV - Commercial General Liability Condi- tions, 5. Other Insurance, b. Excess In- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, this insurance is also excess. G. The following is added to Section IV - Com- mercial General Liability Conditions, 5. Other Insurance, and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary to any other in- surance available to the additional in- sured. GA 472 09 18 As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. H. Section IV - Commercial General Liability Conditions, 9. Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. 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 because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c. is replaced by the following: c. Regardless of the provisions of Par- agraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract SECTION II - LIABILITY COVERAGE, A. Coverage, I. Who is an Insured is amended to include as an insured any person or organi- zation with which you have agreed in a valid written contract to provide insurance as is af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1. Executed prior to the accident causing "bodily injury" or "property damage"; and 2. Is still in force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the Section II - Liability Coverage, A. Coverage, 1. Who is an Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance is amended by replac- ing Paragraph 5.b. with the following: b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "em- ployee's" name, with your per- mission, while performing duties related to the conduct of your business. AA 288 01 16 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" is the lesser of: a. The actual cash value of the dam- aged or stolen property as of the time of the "accident" b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered 'auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment: b. Removable from a permanently in- stalled housing unit as described in Paragraph 2.a. above; or c. An integral part of such equipment. F. Who is an Insured - Amended SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1. Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy, or would be an "insured" under such policy but for termi- nation of such policy or the exhaustion of such policy's lin its of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H. Amended Fellow Employee Exclusion SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. I. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. AA 288 01 16 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above. J. Rental Reimbursement SECTION III - PHYSICAL DAMAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 5. We will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under SECTION III - PHYSICAL DAM- AGE COVERAGE, A. Coverage, 4. Coverage Extensions. AA 288 01 16 K. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L. Airbag Coverage SECTION III - PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or (2) Actual cash value of the stolen or damaged property. b. An adjustment for depreciation and physical condition will be made in de- termining actual cash value at the time of "loss". Includes copyrighted material of ISO Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N. Glass Repair - Waiver of Deductible SECTION III - PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible apples to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manag- er, if you are a corporation; or 4. A member or manager, if you are a lim- ited liability company. AA 288 01 16 P. Unintentional Failure to Disclose Hazards SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Q. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DEFINITIONS, C. "Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. "Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness or disease. R. Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto" in operations for or affecting a railroad: 1. Section V - Definitions, H. "Insured con- tract", 1.c. is amended to read: c. An easement or license agreement; 2. Section V - Definitions, H. "Insured con- tract", 2.a. is deleted. Includes copyrighted material of ISO Properties, Inc., with its permission. Page 4 of 4 PINK ACOL ASSURANCE Halcyon Construction Inc 4627 W 20th Street Suite B Greeley, CO 80634 ENDORSEMENT: Blanket Waiver of Subrogation NCCI #: WC000313B Policy #: 4160879 IMA, Inc 1705 17th Street Suite 100 Denver, CO 80202 (303) 534-4567 7501 E. Lowry Blvd. Denver, CO 80230-7006 303.361.4000 / 800.873.7242 Pinnacol.com We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date:January 1, 2021 Expires on: January 1, 2022 Pinnacol Assurance has issued this endorsement December 28, 2020 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P DEANDAM - Underwriter 17:31:31 4160879 55083644 359-B Contract Form Entity Information New Contract Request Entity Name* Entity ID* HALCYON CONSTRUCTION INC 040040606 Contract Name* ENFORCMENT MOWING CONTRACT Contract Status CTB REVIEW Contract ID 5630 Contract Lead* TBOOTON ❑ New Entity? Parent Contract ID 4581 Requires Board Approval YES Contract Lead Email Department Project # tbooton@co.weld.co.us Contract Description * MOWING ENFORCEMENT CONTRACTOR FOR CARRYING OUT LANDOWNER COMPLAINCE REQUIREMENTS FOR THE NOXIOUS WEED ACT AND WELD COUNTY CODE CHAPTER 15. Contract Description 2 Contract Type CONTRACT Amount* 53,000.00 Renewable* YES Automatic Renewal Department PUBLIC WORKS Department Email CM- PublicWorks weldgov.com Department Head Email CM-PublicWorks- DeptHeadO veldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTO RN EY OWELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 03;14(2022 Due Date 03/10/2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? 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 Review Date* 01L.16r2023 Renewal Date* 04:03:2023 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head ELIZABETH RELFORD DH Approved Date 02/2512022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03'09;2022 Originator TBOOTON Contact Type Contact Email Finance Approver CHRIS D'OV1DIO Contact Phone I Purchasing Approved Date Finance Approved Date 03'02/2022 Tyler Ref # AG 030922 Legal Counsel CAITLIN PERRY Contact Phone 2 Legal Counsel Approved Date 03;07; 2022 Christie Peters From: Sent: To: Subject: Attachments: Adam Stamp <adam@halcyonconstruction.org> Thursday, February 25, 2021 9:59 AM bids Bid #B2100050 Weld County Enforcment Mowing Bid 02 25 2021.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Attached please find a bid for Weld County Enforcement Services Mowing Bid#B21OOO5O. Please let me know if you have any questions or concerns. "I hereby waive my right to a sealed bid" Thank you for the opportunity Adam Adnn Stain Land Director H�icy on Consfuel Cell: 303-77: 9645 Office: 9 70- 5/5-6076 Fax: 303-S45-8557 `.ahu 354 Sta Suite F3 Fre e Highway 52 crick, CO 80516 a l: rrcl tm( 'tron. Cocas/rue/ nfi We site: it'Et.';bpi* Iidcvat,. consiruc ion sen eta aq ef-Vdg 2021-0903 E-CDO nt1'WCt1 O Halcyon Construction Inc. 3540 State Highway 52, Suite F3 Frederick, CO 80513 970-515-6076 Bid Number #B2100050 Description: Enforcement Services/ Mowing & Spraying Department: Public Works Dept/ Weed Division did Opening Date: February 25, 2021 ww'v haI ryon.t:ol struchon on nstructio SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED r -'MCI G. REQUEST FOR ENFORCEMENT SERVICES MOWING AND/OR SPRAYING WELD COUNTY COLORADO r COUNTY WIDE PROJECT LOCATIONS is Purpose Weld County is soliciting bids from qualified consultants for contractual services of mowing and/or spraying in Weld County. Two separate bids are included in this contract. These bids are for mowing, and private parcel spraying IL Scope of Services The Weed Division of the Weld County Public Works Department manages the noxious weed control program for Weld County, Colorado. The weed control program was established under the Colorado Weed Management Act, Section 35-5.5-101, et. seq., CRS, and Weld County Code, Chapter 15. Both laws provide the right to enforce weed control measures on negligent landowners if all of the appropriate steps have been followed. A. General Project Description The Weed Division will carry out enforcement procedures on landowners failing to comply with legal notice from May through October. Depending on the growth of the noxious weeds targeted, mowing or herbicide treatment will be used to bring the landowner's infestation into compliance with Weld County Code Chapter 15. B. Project Requirements The purpose of this bid is to establish the basic costs of various items such as different classes of mowing and different classes of herbicide treatment so that the County can, on relatively short notice, have noncompliant lands within Weld County brought into compliance by applying one or a combination of the items most appropriate to an individual site and time. The Contractor must be able to respond to a County request for work within 3 working days, unless a longer time frame or future date is defined by Weld County, with all of the labor, equipment, and materials necessary to complete the requested work in a timely manner. All work shall be completed in accordance with these specifications, accepted horticultural practices, and the project work order. All permits, licenses, fees and traffic control associated with any work under this Contract are the responsibility of the Contractor, unless otherwise noted. Due to the size of Weld County, the variety of project types and that timeliness is essential in this contract, the Weed Division Supervisor will work with several Contractors. t vw. Fla Icyo construction H on nstruction III. Term of Contract This Contract is a renewable one year term. The County, at its sole option, may offer to extend this Contract for up to two additional one-year terms (for a total of three possible years). The extension option may be exercised providing satisfactory service is given and all terms and conditions of the contract have been fulfilled. Such extensions must be mutually agreed upon in writing, by and between the Public Works Department Weed Division Supervisor and the Contractor. An increase of 5% or less can be approved by the Director of Public Works. Extensions more than 5% must be approved by the Board of County Commissioners or re -opened for a new bidding process. IV. Enforcement Specifications A. Areas to Be Treated All areas to be treated under this contract shall be within the unincorporated portion of Weld County as established by Section 35-5.5-109, CRS, or within municipality boundaries with written approval from the municipalities governing board. B. Class I Herbicide Classification Class I is field spraying. The minimum equipment required is a truck or pick-up mounted sprayer with a minimum tank capacity of one hundred (100) gallons. Sprayer must include a boom with nozzles spaced according to manufacturer's specifications and capable of delivering a minimum of ten (10) gallons per acre with a minimum swath width of fifteen (15) feet. C. Class II Herbicide Classification Class II is handgun applications. The minimum equipment required is a truck or pick-up mounted sprayer with a minimum tank capacity of two hundred (200) gallons. The handgun attachment must be capable of delivering a minimum of fifty (50) gallons per acre and having a minimum of 100 hundred (100) feet of hose. D. Class III Herbicide Classification Class III is hand applications. The minimum equipment required is a backpack or hand-held sprayer with a minimum tank capacity of three (3) gallons. E. Class IV Herbicide Classification Class IV is cut stump treatments. The minimum equipment required is a backpack or hand-held sprayer with a minimum tank capacity of three (3) gallons and chainsaw or other mechanical tools as appropriate. www.halcyon.construction H F. Class I Mowing Classification on nstruction Class I is tractor weed mowing. The minimum equipment required is a farm tractor with a minimum of fifty (50) horsepower and a five (5) foot rotary mower. G. Class II Mowing Classification Class II is tractor weed mowing. The minimum equipment required is a farm tractor with a minimum of eighty (80) horsepower and a 15 — 20 foot rotary mower. H. Class III Mowing Classification Class III is hand weed mowing. The minimum equipment required is hand-held equipment such as string mowers, hand sickles, or high wheeled industrial lawn mowers. J. Materials and Equipment The Contractor shall supply all materials and equipment including, but not limited to, herbicides, water, sprayers and mowers necessary for completion of the Contract. V. Execution of Specifications A. Method of Application Method of application shall be determined by the Weed Division Supervisor. This will be based on individual site conditions. B. Herbicides Allowed 1. 2, 4-D Amine 2. Dicamba 3. Vista XRT or Fluroxypyr 4. Telar 5. Plateau or Imazapic 6. Milestone 7. Rejuvra 8. Gallon 3A or Triclopyr aquatic 9. Surfactant: 90% non-ionic active species targeted. 4.0 lb. active ingredient per gallon 4.0 lb. active ingredient per gallon 2.8 lb. active ingredient per gallon 75% D.F. 2.0 lb. active ingredient per gallon 2.0 lb. active ingredient per gallon 1.67 lb. active ingredient per gallon 3.0 lb. active ingredient per gallon ingredients, or methylated seed oil depending on the weed www,ha_Icy4onconstruction on nstruction C. Rates and Usage Herbicide rate and type shall be subject to the approval of the Weed Division Supervisor. Such usage must conform to the environment conditions of the site, to the landowner's request, and shall conform to label restrictions. The contractor must follow all safety, application and precautionary statements on the label. D. Product Substitutions The Weed Division Supervisor shall evaluate all requests for product substitutions. All such requests must be in writing and must include a detailed description of the benefits and any alterations of price. No product substitutions shall be made without the prior written approval of the Weed Division Supervisor. E. Required Control All herbicide applications must be of the correct type, rate and timing to guarantee control of weed top growth for a period of 90 days following application. Translocating herbicides will be used to insure some root control and reduction of existing weed stands. F. Safety Clothing and Equipment for Applicators Spray applicators shall wear appropriate clothing and safety equipment as recommended on the label. If applicators are not properly clothed or protected, the Weed Division Supervisor or staff may stop the spray operations until minimum safety requirements are met. G. Equipment Inspection The County may inspect all pesticide application equipment, and/or the chemical tank mix of the Contractor at any time during the project period. All equipment shall be cleaned on the site, prior to leaving to decrease the potential for spreading noxious weeds. The County shall be under no duty to inspect every time. H. Mowing All weeds shall be cut to a height of not more than six inches. All seed heads and stems must be completely severed from the basal portion of the plant. Areas mown must be uniformly cut with no skips or weeds left standing. All patches of noxious weeds will be mowed. Only areas infested with the noxious weed will be mowed as discussed during the on -site meeting. I. Herbicide and Mowing Application Record The Contractor for both herbicide applications and mowing shall complete a record of application for each job assigned or more often as environmental and/or site conditions warrant, on forms supplied by Weld County. Application record forms shall be completed in full and delivered to the www.halcyon.construction on nstruction Weed Division Supervisor within one (1) week after completion of the job. A site description detailing the location of the actual work performed shall be included. J. On Site Meeting A meeting between the Contractor and the Weed Division Supervisor or their staff shall be required for each parcel to be treated through herbicide or mowing operations. Said meeting will be held at the job site with the intention that the contractor will be able to start the job that day, if possible. The following information will be discussed at the job site: Expected starting date Expected completion date Property boundaries and estimated acreage as determined by an aerial map from Acrview and/or GPS mapping Extent of work to be done Herbicides to be used (if applicable) Application equipment Any potential problems with site or treatment Application records and maps will be given to the Contractor at this time Property owner K. Set -Up Charge The County shall pay the Contractor a one-time set-up fee for each separate landowner. The set- up fee includes but is not limited to, Contractor's time and travel expenses to and from the on - site meeting and any additional meetings necessary for the site. Set-up charge shall be a flat fee applicable to any and all parcel sites. L. Project Start Date If the Contractor returns to a property later than five (5) days after the initial meeting with the Weed Division Supervisor or their staff and finds the weed control work already completed by the landowner, the Contractor shall not be eligible for the set-up charge. If the Contractor does not return to a property to carry out weed control measures, after the Contractor accepts the job, the Contractor shall not be eligible for the set-up charge. Spraying the roadsides shall begin no later than seven (7) days after initial contact. M. Confronting the Landowner on Site If the Contractor is confronted and asked to leave the property by the landowner or his agent, the Contractor shall do so immediately, without performing further treatment. The Contractor shall be paid for work completed at the time of leaving. If no work was performed before the Contractor was removed, only the set-up charge will be paid. The Contractor shall notify the Weed Division Supervisor within twelve (12) hours of landowner interference in treating the property. Failure to notify the Weed Division Supervisor within said time limit will result in non-payment of all charges. www.hdlcyui!_construction on nstruction N. Down Time and Unforeseen Circumstances For the purposes of this contract, the term "down time" shall be defined as any project time spent in nonproductive activities such as, but not limited to: time spent gaining access; time required to secure Weed Division or Sheriffs office assistance for access; Landowner interference; Extreme operating conditions, such as trash removal or unseen field conditions. There shall be no "down time" for Class IV roadside noxious weed control applications. Down time shall NOT include: equipment difficulties; equipment breakdown; employee negligence or illness. Payment for any activity billed to the County as "down time" shall be contingent upon the approval of the Weed Division Supervisor, and shall not total more than two hours per parcel. VI. Work Order Request and Payment A. Notice to Proceed - The Weed Division Supervisor shall call the Contractor and discuss the work to be performed. The Contractor shall have the right to refuse any job. Refusing more than fifty percent (50%) of assigned jobs will result in the termination of this Agreement. B. Contractor's Cost Estimate - The Weed Division Supervisor will develop a written work order based on bid prices. At the On -Site Meeting the work order will be reviewed, the start date and an estimate of time required to complete the work will be filled in. C. Work Order - Upon receipt of and agreement with the Contractor's cost estimate and time to complete, the Weed Division Supervisor shall provide the Contractor with a signed Work Order (see Exhibit A). The Contractor shall begin and complete the work as agreed to in the estimate. A signed/accepted cost estimate will be the Notice to Proceed with the onsite meeting. D. Performance of the Work - All work is to be performed by qualified personnel thoroughly familiar with proper and accepted methods for herbicide applications and/or mowing operations. All work is to be performed under the direct supervision of the Contractor's superintendent, who shall be thoroughly familiar with the provisions of this contract. E. Job Start and Completion- The Contractor shall telephone the Weed Division Supervisor at (970) 304-6496 EXT. 3770 or at (970) 381-4052, when they reach the job site to start spraying or mowing operations as well as when they have completed the job. Failure to call the County at the start and completion of a job may result in nonpayment. The following information shall be given: Contractor's name and company; date and time; parcel location or number. F. Payment for Completed Work - When work has been completed on any project, the Contractor and the Weed Division Supervisor shall inspect the site together and determine the total area of the work, and whether or not the work is complete and has been done in h.ilcyon.conslruc[lon H On nstruction accordance with the work order. If mutual agreement cannot be reached on these issues, the determinations made by the Weed Division Supervisor shall be final. Deficiencies in the work, if any, shall be noted and a checklist of these deficiencies given to the Contractor by the Weed Division Supervisor. The Contractor shall immediately correct any deficiencies listed on the checklist. G. Billing — All work completed by the Contractor shall be billed to the County within 7 days after completion. The billing will also be complete for all parcels owned by an individual or company. VII. Warranty The Contractor shall warrant all herbicide treated areas against defective materials and/or workmanship for ninety (90) days from the date of Conditional Acceptance. The Contractor shall retreat (in accordance with the provisions in the original project work order) any areas that noxious weeds are able to flower again during the warranty period, at no additional cost to the County. ANY DEVIATIONS FROM THE STANDARDS GIVEN ABOVE MUST BE SUPPLIED AND APPROVED PRIOR TO THE AWARD RECOMMENDATION BY THE COUNTY WEED DIVISION SUPERVISOR. www.halcion.construction on nstruction Exhibit A Enforcement Services Contract Cost Estimate and Work Order Herbicide Spraying Mowing Contractor: Fax #: Please be advised that Weld County requests a Written Cost Estimate on this form, and Notice to Proceed on the following project: Landowner Name and Address: Property Parcel Number: Legal Description: Targeted Species: Visible evidence of prior treatment: Bid Item Item Description Bid Costs Acres Quart/Pint/Oz. Hours Current Job # Acres Current Job Est. Cost 1 Class I Mowing 2 Class II Mowing 3 Class III Mowing 4 Class I Spraying 5 Class II Spraying 6 Class III Spraying 7 Class IV Spraying 8 Herbicide 9 Herbicide 10 Surfactant 11 Down Time Subtotal: Extra Items Region 1 Region 2 Region 3 Region 4 Set -Up Charge** lnstruction H on nstruction Total Estimated Cost: Contractor's Signature: Date: Actual Start Date and Time: Actual End Date and Time: County Weed Division Supervisor: Date: Herbicides: 1. Trade Name EPA Registration # Application Rate 2. Trade Name EPA Registration # Application Rate Temperature F Wind Direction and Speed MPH Soil Condition: Wet Dry Cloud Cover Exhibit B uuwnahalcyon construction lairagercwse rel Mtn rAtilika I Regions of Weld County /dc7W p4b& 124.5-4-, ge•1/44 ,2G,3u graPiki n° gu,rJ &b9u 2 nik> #2s7,CQ -i! a. ,a .•a S +M' 8P si, 9F aw t� v a 04% * ..t ty 40 4* M to tfr M.* N h1 at * 3t M *1t•ar' t' Of a&PH at aft' $;rain np.fr'0.1a:1,a Po poem Pmt Pala:WI WS •Jam't„11w11.eao..•1l4 a33d (pi jag wr von. to a • V e Y Y • t i 0 * w • • • •' 77'OA/ rays/ 7-7^/ 73 Pi 75 w co* • AS 441. II I it/ 4 •.t t s x R :YN Y* • • a •• • ail- MO • ,as 4 .r I. 4444 44401 a • 3• Na k! I{ •a' • • x • w wr • • W • NY • • $ 6 •• I II a i wl • ai. • % `V.w.l.•a'•ow .✓• a w s I 4 ▪ 41* t,_, • 4 ff. • • • * 4 -4*`• r• • •• W . . p. Y ♦ 4 • w t • e • s R It • a 14 • • 4 • • w • • t • w. • ;b a i w +r • sit Yf • • • * O. tad 1 *O• it OF 4 d#. - dy HiLF R4tAM SO &t *4 #t 1141 Pi'►) 1$ ii ** fl *4 •k$ PO i'Y #44; 4••• Row atil40 &LS.O /Ri4lw ' •v /1L Ruro r 1. s :I t:3:a.t$•P'VW WV'S. "4' :t•A' a 110 y 1Ra..n N"44'''lt� 1 N #1- NORTRW'nnutF n • iwworu #2- $* fMST WILD ;• REGION # 9- t' W� a RIGION 44- Se rIM WILD tab, 77,4/ AJ t t wwww.ha Icyon,construction t ;F • • a,. S t • • • • • a • • • • • PH eaaa e• / • I.,* +0 e� ' ay Pt F .4 30 • •PIOT • I • 1 I,• • a.* a •r aeY.•i tint •t; rip", 77,0i iv ►rat. ntAer ' fs fl ,1r *a A -onstruction SIP ITEMS FOR MOWING COTRACT All spaces must contain a bid price in the units indicated if bidding on the mowing contract. Bid Item Region 1 Region 2 Region 3 Region 4 Class 1 $50/acre $60/acre $40/acre $50/acre Class II $45/acre $55/acre $35/acre $45/acre Class III $55/hour $65/hour $40/hour $55/hour ** All mowing bid prices are on a per acre rate. Set- u charge per parcel_ Region I Region II Region III Region IV $150 $100 $150 $150 Down -Time Charge: $100 1 csp. c.ttuliy submitted: Business Name: Halc� Construction Inc. •Adam Stem Address: 3540 State Hi Title. Owner per hour ha 52 Suite F3 Frederick. CO80516 Date: 2/20/2021 Phone Number: Office 970-515-6076 Cell 303-775-9645 ruct. Experience and References Please provide a brief description of your experience with spraying or mowing. Include years of work, types of projects worked on and any other pertinent information available. Describe equipment to be used. Adam Stamp, Land Services Director/Owner of Halcyon Construction. Adam owned and operated Stamp Land Services from 2002-2020, joined forces with Halcyon Construction in the fall of 2020. Stamp Land Services primary focus was mowing, maintenance and fencing of large and small tracts of ground in Boulder, Larimer, Adams and Weld counties. Extensive mowing experience with all types of clients from DR Horton to large and small HOA's as well as individual landowners. Crew sizes vary from 2 to 20 depending on the size and scope of the project. Mowing equipment ranges from small to large. Multiple zero turn mowers from 50" to 72" deck sizes. Tractors with 55hp and 8' mowing decks, as well as 100 hp tractors and 15' mowing decks. Handheld string trimmers with brush cutting heads are also used. Please provide contact information for at least three (3) business references. Name; Meg Heller Address: 7520 Rodeo Dr Longmont. CO 80504 Phone: 303-718-0657 Service provided and dates: Acreage Mowing String Trimming 2002- Present Name: Dennis Bennett Address: Soaring Eagle Ranch HOA Severance CO Phone: 303-912-2443 Service provided and dates: Acreage mowing, string trimming and finish mowing 2007- Present Name: B. Schlepp Address: 8712 Portico Ln Longmont CO 80501 Phone:970-373-8021 Service Provided and dates Mowing, Strin trirnmin 2007- Present ADDENDA Addendum Number B2100050 Date of Addendum 2/5/2021 www,hatc pn.construction Date Received 2/10/2021 iron nstruction The undersigned certifies that he has examined the specifications and instructions to bidders and has submitted a bid in full compliance and without collusion with any other person, individual or corporation. PLEASE READ THIS PARAGRAPH AND CHECK THE BOX BELOW X I understand that I must provide proof of insurance if awarded this bid. I also understand that the award may go to the next lowest bidder if I do not provide proof of insurance within the required 10 days after Notice of Award. The undersi ned9 by his or her signature, hereby acknowledges and represents that: 1. The bid proQosed herein meets all o₹ the conditions, specifications and special provisions set forth in the request for proposal for Request No. B2100050. 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 proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal 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. .FIRIVIt Halc on Construction Inc. BY Adam Stain (Please print) BUSINESS ADDRESS: 3540 State Highway 52 Suite F3 Frederic CO 30516 DATE: February 20,2021 TELEPHONE NO 970-5156076 FAX : 303-845-8557 TAX ID # 46-1226732 SIGNATURE E-MAIL Adam@halcyon.construction www. h a lcyo n.constructipn .. .. ...._ .. .��.-y.... nth. ..�.�i.. WELD COU E E T I O THANK OW TV IS EXEMPT FR M COL RDO LES T ::eXESu THE CERTIFICATE OF L 1 i ER IS #98-03551-0000 DNOT NEED TO SEND BACK PACES 1® 10. .. .... . _ .. • _ ... .. . •. • - trra'alHnr 1 RJ%nMwM�`iOC`T^'tan^ *ALL BIDDERS SHALL PROVIDE A -9 WITH THE SUBMISSION OF TI-IEIR BID** WEL s°•,E p COUNTY I EXEMPT FR COLORADO S;.LE TAXES. THE CERTIFICATE OF ,,IPTION NUM ER IS N98-03551-0000. J ATTEST: . Pre .a, 'p rkli127 Weld C u ty Clerk :. kh Bo.: rd BY: &est BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO )4?o- Deputy Clergy, to the 0 ray _. teve Moreno, Chair www. n a lcyp i cp.pstructic MAR 2 9 2OtJ 11 V ) -t r t Halcyon Construction Inc agrees with and acknowledges the terms and conditions included in the Continuing Services Contract and supplemental Addendum 1 with no changes or deviations as of today February 20, 2021 Form V11.9 IRev. December 2014) Departs:r�m e of the Treasury Revenue Sanicc 1 Nana (13 shown on your exxtma tax retort,), Nano h,eosI, d.on this Imo; do not leave this line blank.. est for Taxpayer identification Number Number and Certific ation �i Y 8ltsIntl= remand! '— ardae entity name, a different from above' "' —�-- iq on Construction, Inc. a �— d gy c Rc yg a Give Form to the requester. Do not send to the IRS, 3 Ch appropriate box for federal tax e(assilicalo k a l J leek app rJaolo a eos of or nh' n,�.�°a of thQ following seven boxes: sl+rB+e m Tmbty LLC ❑ C Corporation l�fJ S Corporation 1 4 Exemptions bodes apply only to U sin Unified IiaAffd co ; ` ❑ Partnership O 'rustresrate 1 wrtaln enbtiaa, rWt ytdtvloupl3' sae y company Eller the tax clessilfcation (C C cot Exempt pay Paulo 3p 5 ACdross tnumb�, st+aat, anC spt sr 3540 Highway 52, Suite F3 e City, state, and ZIP code' Frederick, CO 80516 Note. For a single -member - potation, S=S Corporation, P=partnership) ► Exempt payee code (i f any) Ne etax LLC that is disregarded, do not check LLC: chock the appropriate box in the line above for p on from FATCA reporting classification of the single -member owner. Exam tl Other (see irtshuckons) ► coda (if any) *oil. in, acat.... „wlywxwd outstay fin US.) Taxpa er Identlficaticn Number IN) Enter your TIN in the a -.___ appropriate box. The TIN provided must match the name given Oct line i to However, for a soetal security numbm backup withholding. Fur individuals, this Is generally your social s , resident alien, sole proprietor, or disregarded entity,ertstnj number (page, Forth a — —' — — entities, it is your employer identification number (IN).iit the do not have a numberr Nor to gel a TIN on page 3. Note. If the account is In more emit one name, see the instnrctions (or tine 1 and the chart on page 4 for guldednes on whose number to enter, Requester's name and address (optgape Certification Under penalties of perjury. I cattily that: I. The number shown on this form is my correct taxpayer idenlificallon number (or tarn waiting for a number to be issued to me): and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report ail interest or dividends. or (c) the IRS has notified me that I at no longer subject to backup withholding: and 3. I am a U.S.. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (it any) indicating that I ant exempt from FATCA reporting is correct, Certification instructions. You must cross out item 2 above II you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends an your tax return For real estate transactions, Item 2 does not apply, For mortgage Interest paid, acquisition or abandonment of secured property, cancellation Of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other then interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Signature of Here U.S. parson ► General Instructions 5.xc1,nn references are to the Internet Revenue Code enkssa otherwise noted Future developments. Information about developments attesting Form W.9 (such as legislation enacted after ivo release it) is al wvv.irapnvrAv9. Purpose of Form An individual or entity <Fomt W-9 requester) who roqureb to file an information return won the IRS moot obtain your r.rrrrecl laxpnyof Idonfi'iratrnn number (Tee) whfchr may t» yule, court, security numbs, (q.SN), individual taxpayer efentiticete,, number (ITIN). attaptton taxpayer tdorttiecation number (ATIN), or employer Wontificatign number (Eel), to report en an infarrtlion return the antotutt paid to you, or Other amount rapretable or en information return. Fxentptos or;ntormalticn reran include, but se not v' -cited to, the following • Form 1099-INT (interest earned or paid) • Form 1099 -UN (didrk;nds, lrmtudi,itt Inoso own stocks or rxilra' 9rrdtt) • Form 1099-MISC famous typos of income prima, a wile ri ,y i ss prr>usadst • Form 1099-6 (Slrx;k Of mul'tal fund sakes are certain other traesarrlikrts by brokers) • Four, 1099-S fproceeco Irom reel estate transactions) • Far.., 1O511.K (,,,..chant ,:..a and urru ualisscnons) Date P.614/2020 • Form 1095 (home mortgage interest), 1008-E (swoon& loan it krreet), lose- I (1 111 n) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured properly) Use Form W-9 only if you a,e a U.S person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be suoreel to barkr,p withholding. See What is bncRUP wigviindrng;+ on page 2. Ely signing the filled -out form, you' 1. Certify that the TIN you are giving is correct (or you ere wailing for a number to be issued), 2 Certify that you are riot subteen to backup withholding, or 3. Glair") exemption from backup withhoktmg if you tire a ti .5 exempt payee, If apprEahic, you aro also certifying that ere a US, person, pug elks: able sham el any partnership income from a U.S. trade or business a nab subject to too witnholoing tax on roroign partner shaleol effectively connected tncxtnte, and ,t Curtly that FATCA codes) entered on this form 61 any) hulicating filet yd.' are exranpfkoin the Mt CA reporting, is correct See What is FA (CA reporritrg7 or pnt)n 7 for further int;trfnalion, Gut No 10231X Forme W-9 (Rev 12-201^:) n A� if CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 2/24/2021 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 policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IMA, Inc. - Colorado Division 1705 17th Street, Suite 100 Denver CO 80202 CONTACT NAME: IMA Denver Team PHONE Fax tNC. EX(1: 303-534-4567 LArc rrorE-M AntRESS: DenAccountTechs%€imacorp.com INSURERS) AFFORDING COVERAGE NAIC # INSURER A: The Cincinnati Insurance Company 10677 INSURED HALCCON Halcyon Construction, Inc. 3540 Highway 52, Suite F3 Frederick, CO 80516 INSURER B: *Pinnacol Assurance 41190 INSURER c___________________.______ INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1786488960 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, INSR LTR TYPE OF INSURANCE ADtX_ 'NW alga INVD POLICY EFF POLICY NUMBER IMMIDDIYYYYI POLICY EXP IMMIDD(YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY OCCUR ENP0559732 12/5/2020 1 j I 12/5/2021 EACH OCCURRENCE $1,000,000 X GEN'L X CLAIMS -MACE LX PD Ded: $250 PREMISE$ t oQY1KrQttpgi MED EXP (Any one person) $100:000_.___. $ 10,000 __. AGGREGATE LIMIT APPLIES PER: POLICY LOC OTHER= PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 $ A AUTOMOBILELIABILITY X X ' ANY AUTO OWNED SCHEDULED HUTOSIRED ONLY I AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY I I ENP0559732 12/5/2020 I i I 12/5/202 BiNED1SINGLE GMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ I -Pit ErRTY DAMAGE °, (Par accident) $ $ A _ X j UMBRELLA LIAB it 1 EXCESS LIAB OCCUR CLAIMS -MADE) it (inn 9 ( ENP0559732 12/512020 12/5/2021 I I EACH OCCURRENCE $ 5,000,000 , AGGREGATE I $ 5 000,000 $ DED X RETENTIONS B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY V I N I ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N I, N IA. € (Mandatory inNH) I If yes, describe under ' DESCRIPTION OF OPERATIONS below .. i 4160879 ' 1/1/2021 1/1/2022 lX PER 11 OT STAT lTE E L. EACH ACCIDENT -"""- ' E DISEASE - EA EMPLOYEE E . DISEASE - POLICY LIMIT $ 1,000,000 $1,000,000 $ 1,000,000 A Builders Risk I ENP0559732 2/5/2020 12/5/2021 My One Location $3,000,000 i Temp e Deductible Loc/ ransit $500,000 $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contractors Equipment Coverage: Policy #ENP0559732 Effective Dates: 12/05/2020-12/05/2021 Insurer A: See Above $181,200 Limit; $1,000 Deductible Leased & Rented Equipment Coverage: Policy #ENP0559732 Effective Dates: 12/05/2020-12/05/2021 Insurer A: See Above $352,000 Limit; $1,000 Deductible See Attached... ATE HOLDER CANCELLATION Weld County P. O. Box 758 Greeley, CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. '' AUTHORIZED REPR ENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: HALCCON LOC #: ACORIY ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY IMA, Inc. - Colorado Division NAMED INSURED Halcyon Construction, Inc. 3540 F3 Frederick, CO 805 52, Suite 6 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Professional/Pollution Coverage: Policy #PEC005329502 Effective Dates: 12/01/2020-12/01/2021 Insurer: Indian Harbor Insurance Company $1,000,000 Aggregate; $25,000 SIR Weld County is included as Additional Insured on the General Liability, Automobile Liability, and Umbrella Liability policies if required by written contract or agreement and with respect to work performed by Insured, subject to the policy terms and conditions. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only with respect to liability for: a. "Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b. "Bodily injury" or "property damage" caused, in whole or in part, by "your work" performed under that written contract or written agreement and in GA 472 0918 cluded in the "products -completed operations hazard", but only if: (1) The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard"; and (2) The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products - completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products -completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the "prod- ucts -completed operations hazard", this Paragraph b. does not apply to that person or organization. 2. If the written contract or written agree- ment described in Paragraph 1. above specifically requires you to provide addi- tional insured coverage to that person or organization: a. Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- graph A.1.b. above, whichever applies, is replaced by the phrase arising out of. 3. With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4. This Paragraph A. does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations 1. Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing, a contract, agree- ment, permit or authorization. GA 472 09 18 2. With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b. "Bodily injury" or "property damage" included within the "products - completed operations hazard." C. The insurance afforded to additional insureds described in Paragraphs A. and B.: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and B., the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the addi- tional insured is the amount of insurance: 1. Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury" offense is com- mitted: 1. During the policy period; and Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F. Except when G. below applies, the following is added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1. As otherwise provided in Section IV - Commercial General Liability Condi- tions. 5. Other Insurance, b. Excess In- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, this insurance is also excess. G. The following is added to Section IV - Com- mercial General Liability Conditions, 5. Other Insurance, and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary to any other in- surance available to the additional in- sured. GA 472 09 18 As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. H. Section IV - Commercial General Liability Conditions, 9. Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. 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 because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c. is replaced by the following: c. Regardless of the provisions of Par- agraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract SECTION II - LIABILITY COVERAGE, A. Coverage, I. Who is an Insured is amended to include as an insured any person or organi- zation with which you have agreed in a valid written contract to provide insurance as is af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1. Executed prior to the accident causing "bodily injury" or "property damage"; and 2. Is still in force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the Section II - Liability Coverage, A. Coverage, 1. Who is an Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance is amended by replac- ing Paragraph 5.b. with the following: b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "em- ployee's" name, with your per- mission, while performing duties related to the conduct of your business. AA 288 01 16 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" is the lesser of: a. The actual cash value of the dam- aged or stolen property as of the time of the "accident"; b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently in- stalled housing unit as described in Paragraph 2.a. above; or c. An integral part of such equipment. F. Who is an Insured - Amended SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1. Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy, or would be an "insured" under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H. Amended Fellow Employee Exclusion SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. I. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. AA 288 01 16 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above. J. Rental Reimbursement SECTION III - PHYSICAL DAMAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 5. We will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for under SECTION III - PHYSICAL DAM- AGE COVERAGE, A. Coverage, 4. Coverage Extensions. AA 288 01 16 K. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L. Airbag Coverage SECTION III - PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and Carry-over balances from previous loans or leases, or (2) Actual cash value of the stolen or damaged property. b. An adjustment for depreciation and physical condition will be made in de- termining actual cash value at the time of "loss". (e) Includes copyrighted material of ISO Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N. Glass Repair - Waiver of Deductible SECTION III - PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manag- er, if you are a corporation; or 4. A member or manager, if you are a lim- ited liability company. AA2880116 P. Unintentional Failure to Disclose Hazards SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Q. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DEFINITIONS, C. "Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. "Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness or disease. R. Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto" in operations for or affecting a railroad: 1. Section V - Definitions, H. "Insured con- tract", 1.c. is amended to read: c. An easement or license agreement; 2. Section V - Definitions, H. "Insured con- tract", 2.a. is deleted. Includes copyrighted material of ISO Properties, Inc., with its permission. Page 4 of 4 MEMORANDUM TO: Rob Turf, Director of General Services DATE Marc , h 5 2021 FROM: Tina Booton, Weed Division Supervisor 1.4/04---B% Jay McDonald, Public Works Director SUBJECT: Noxious Weed Enforcement Bid: reference B2100050 Bids have been received from several companies for enforcement mowing and spraying for the Public Works Department. The following are my recommendations for carrying out enforcement spraying throughout the County for 2021: Mowing Class I & II Primary Class I & II Secondary Halcyon Construction 3540 State Highway 52 Suite F3 Frederick, CO 80516 GRC Consulting Inc PO Box 777 Frederick, CO 80644 Set-up charge: $ 100.00 - $150.00 Class II Regions 1 & 4: $45.00/Acre Class II Regions 3: $35.00/Acre Class II Region 2: $55.00/Acre Class I Region 1 & 4: $50.00/Acre Class I Region 3: $40.00/Acre Class I Region 2: $60.00/Acre Set-up charge: $160.00 Class II Regions 3 & 4: $85.00/Acre Class I Regions 3 & 4: $75.00/Acre * Class I mowing is used only when Class II (15 foot mower) cannot access the site; such as on the river bottom with the proximity of the trees.* Class III Primary Class III Secondary Halcyon Construction 3540 State Highway 52 Suite F3 Frederick, CO 80516 GRC Consulting Inc PO Box 777 Frederick, CO 80644 Set-up charge: $ 100.00 - $150.00 Class III Regions 1 & 4: $50.00/Hour Class III Regions 3: $40.00/Hour Class III Region 2: $60.00/Hour Set-up charge: $160.00 Class III Regions 3 & 4: $100.00/Hour * Class III mowing is for small areas such as lots or around structures such as buildings and fences. * Herbicidal Application Class I Primary Class I Primary Class I Secondary Class I Secondary Weed Man 1001-A E. Harmony Rd #133 Fort Collins, CO 80525 CR Dotterer Inc; Weed Wranglers 7070 W 117th Ave, Unit D Broomfield, CO 80020 Weed Man 1001-A E. Harmony Rd #133 Fort Collins, CO 80525 OneCor Services 818 Acoma St. Unit #1513 Denver, CO 80204 Set-up charge: $ 150.00 Class I Regions 1, 2, 4: $100.00/Acre Set-up charge: $ 175.00 Class I Regions 3: $65.00/Acre Set-up charge: $ 150.00 Class I Regions 3: $100.00/Acre Set-up charge: $ 125.00 Class I Regions 1-4: $155.00/Hour * Class I is for field spraying. Chemical charges will be in addition to the labor charges.* Class II, Ill & IV Primary Class II, III & IV Secondary Class II, Ill & IV Secondary OneCor Services 818 Acoma St. Unit #1513 Denver, CO 80204 Weed Man 1001-A E. Harmony Rd #133 Fort Collins, CO 80525 CR Dotterer Inc; Weed Wranglers 7070 W 117t Ave, Unit D Broomfield, CO 8002O Set-up charge: $ 125.00 Class II & Ill Regions 1-4: $125.00/Hour Class IV Regions 1-4: $150.00/Hour Set-up charge: $ 150.00 Class II, Ill & IV Regions 1,2 &4: $150.00/Hour Set-up charge: $ 175.00 Class II Regions 3: $110.00/Hour Class III & IV Region 3: $95.00/Hour * Class 11 is large scale handgun work. This is the class we use the most. Chemical charges will be in addition to the labor charges. Class III is backpack work and class IV is cut stump treatment for salt cedar. Classes III and IV are not readily utilized. Chemical charges will be in addition to the labor charges for these classes as well.* DATE OF BID: FEBRUARY 25, 2021 REQUEST F ENFORCEMENT CERVICES- , , O DEPARTMENT: PUBLIC WORKS WEED & PEST DIVISIO ID NO: #B2100050 PRESENT DATE: MARCH 3, 2021 AsrPR L ATE: MARC .3 179 2021 i Y e /O R P - fI G ONTRAC_ +TWLL BE A 1 FAR TERMAND MAY EXTEND UP TO 2 YEARS DESCRIPTION OF REMO REGIONS_ REGION #1 - NORTHWEST WELD REGION #2 - NORTHEAST WELD REGION #3 - SOUTHWEST WELD REGION #4 - SOUT E EAST WELD WELD COUNTY PURCHASG 1150 0 Street, Room 107, Greeley CO 80631 IE-Mail: rtur@wof dgov. oom E -Mail: reverettV eId ov.com E -Mail: cmpeters@weldgov.com Phone: (970) 400-4216, 4222 or 4223 Fax; (970) 3364226 3 YEAR MAX 6 MOWING CLASS I - TRACTOR. WEED MOWING (MIN. OF 5 ROTARY MOWER) MOWING CLASS II - TRACTOR WEED MOWING (MIN. ' 'F 15°--.20' ROTARY MOWER) MOWING CLASS III - HAND WEED MOWING HE: _BIDICAL CLASSES: (St -RAYING) HERBICIDAL CLASS I - FIELD SPRAYING HERBICIDAL CLASS II - HANDGUN APPLICATION HERBICIDAL CLASS III - BACKPACK APPLICATION HERBICIDAL CLASS IV - CUT STUMP TREATMENTS VENDOR CO SULTI1NG INC PO BOX 777 FREDERICK, CO 80644 ,5-2\ C:17cid MOWING SE VICES RICE PE EGI REGION #1 CLASS I — $78.00/ACRE REGION #1 CLASS II - $90.00/ACRE REGION #1 CLASS III 415 .00/ACRE (Set up charge for region #1 = $450.00) REGION #3 CLASS I - $75.00/ACRE REGION #3 CLASS II - $85.00/ACRE REGION #3 CLASS III - $100.00/ACRE (Set up charge for region #3 = $160.00) **DOWNTIME CHA CL SS REGION #2 CLASS I - 582.00/ACRE REGION #2 CLASS II - 01.00/ACRE REGION #2 CLASS III - 155.00/ACRE (Set up charge for region #2 = $450.00) REGION #4 CLASS I ® $75.00/ACRE REGION #4 CLASS H ® 65.001, :CRE REGION 1 _A CLASS III - 100.00/HOUR (Set up charge for region #4 = $160.00) RGE FOR ALL REGIONS IS 63.00/HOUR** Page 2 REQUEST FOR: ENFORCEMEfl SERVICES -- MOWING AND/OR SPRAYING DEPARTMENT: PUBLIC WORKS - WEED & PEST DIVISION BID NO: #B2100050 VENDOR H2 ENTERPRISES LLC 4626 CR 65 KEENESBURG CO 80643 HALCYON CONSTRUCTION 3540 STATE HIGHWAY 52 SUITE F3 FREDERICK CO 80516 L ND , }-NTERPRISES 1 C PO BOX W BERTHOUD CO 80513 MOWING SERVICES - PRICE PER REGION & CLASS REGION #1 CLASS I - $5Q0.00/ACRE REGION #1 CLASS II - $750.00/ACRE REGION #1 CLASS III - $600.00/ACRE (Set up charge for region #1 = $400.00) REGION #3 CLASS I - $400.00/ACRE REGION #3 CLASS II - $600.00/ACRE REGION #3 CLASS III - $500.00/ACRE (Set up charge for region #3 = $350.00) **DOWNTIME CHARGE FOR ALL REGIONS IS $225.00/HOUR** REGION #2 CLASS I - $500.00/ACRE REGION #2 CLASS II - $750.00/ACRE REGION #2 CLASS III - $500.00/ACRE (Set up charge for region #2 = $450.00) REGION #4 CLASS I - $400.00/ACRE REGION #4 CLASS II - $600.00/ACRE REGION #4 CLASS III - $500.00/HOUR (Set up charge for region #4 = $350.00) REGION #1 CLASS I - $50.00/ACRE REGION #1 CLASS II -$45.00/ACRE REGION #1 CLASS III - $55/PER HR* (Set up charge for region #1 = $150.00) REGION #3 CLASS I -$40.00/ACRE REGION #3 CLASS II - $35.00/ACRE REGION #3 CLASS III - $40.00/PER HR REGION #2 CLASS I - $60.00/ACRE REGION #2 CLASS II -$55.00/ACRE REGION #2 CLASS III - $65/PER HR* (Set up charge for region #2 = $100.00) REGION #4 CLASS I - $50.00/ACRE REGION #4 CLASS II - $45.00/ACRE REGION #4 CLASS III - $55.00/PER HR (Set up charge for region #3 = $150.00) (Set up charge for region #4 = $150.00) **DOWNTIME CHARGE FOR ALL REGIONS IS $100.00/HOUR** REGION #1 CLASS I - $442.00/ACRE REGION #1 CLASS II -$810.00/ACRE REGION #1 CLASS III - $767.00/PER HR (Set up charge for region #1 = $267.00) REGION #3 CLASS I -$515.00/ACRE REGION #3 CLASS II - $368.00/ACRE REGION #3 CLASS III - $240.00/PER HR REGION #2 CLASS I - $515.00/ACRE REGION #2 CLASS II -$958.00/ACRE REGION #2 CLASS All - $481/PER HR (Set up charge for region #2 = $311.00) REGION #4 CLASS I - $294.00/ACRE REGION #4 CLASS II - $515.00/ACRE REGION #4 CLASS III - $301.00/PER HR (Set up charge for region #3 = $133.00) (Set up charge for region #4 = $178.00) **DOWNTIME CHARGE FOR ALL REGIONS IS $222.00/HOUR** Page 3 REQUEST FOR: ENFORCEMENT SERVICES - MOWING AND/OR SPRAYING DEPARTMENT: PUBLIC WORKS - WEED & PEST DIVISION BID NO: #B2100050 VENDOR ONECOR SERVICES 816 ACOMA ST,UNIT #1513 DENVER CO 80204 MOWING SERVICES - PRICE PER REGION & CLASS REGION #1 CLASS I - $175.00/HR REGION #1 CLASS II -$200.00/HR REGION #1 CLASS III - $90.00/PER HR (Set up charge for region #1 = $225.00) REGION #2 CLASS I - $175.00/HR REGION #2 CLASS II -$200.00/HR REGION #2 CLASS III - $90.00/PER HR (Set up charge for region #2 = $225.00) REGION #3 CLASS I-$175.00/HR REGION #4 CLASS I - $175.00/HR REGION #3 CLASS II - $200.00/HR REGION #4 CLASS II - $200.00/HR REGION #3 CLASS III - $90.00/PER HR REGION #4 CLASS III - $90.00/PER HR (Set up charge for region #3 = $225.00) (Set up charge for region #4 = $225.00) **DOWNTIME CHARGE FOR ALL REGIONS IS $50.00/HOUR** • tern .+u °uxr�wr na.t .a.h► I REQUEST FOR BID WELD OUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: JANUARY 21, 2021 BID NUMBER: #12100050 DESCRIPTION: ENFORCEMENT SERVICES/MOWING & SP ,y`°.YING DEP.= "'?TENT: PU'= LIC WORKS DEPT/WEED DIVISION BID OPENING DATE: FEBRUAY 25TH, 2021 1. NOTICF TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: ENFORCEMENT SERVICES/MOWING SPRAYING. Bids for the above stated merchandise, equipment, and/or services will be received until 10:00 AM on February 25, 2021 (Weld County Purchasing Time Clock). Due to COVlD=19, the bid opening a 911- be rein v oa a W11crooft Teams C� f rn rec i cal the phone number and enter the Conference [ID provide below: Phone iitmber ( 7 2 439-5261 C nference n: 13.92244 PAGE`' 1-10 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE RE VEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-10 MAY 1E APPLICABLE FOR EVERY PUCHASE. BID SPECIFICS FOLLOW PAGE 11. 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 which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County — 3 methods: 1 Email. Due to the Coronavirus (COVlD-19), emailec Lids are required. Bids may be emailed to bids@weldgov.com; however, if your bid exceeds 25MB please upload your bid to https://wwvv.bidnetdirect.com/. The maximum file size to upload to Bidnet is 500 MB. PDF format is required. Emailed bids must include the following statement on the email: "N hereby waive my right t € sealed bid". An email confirmation will be sent when we receive your bid/proposal. Please cal] Purchasing at 970-400-4223 or 4222 with any questions. B2100050 1 3. NsTRUC1 nOkr S 0 �y ODD R °. DNTRODUJ CT ORY 0NFORM° SOON Bids shall be typewritten or written in ink on f orms 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 :he 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 b signed with the legal name of the corporatio1, followed by th n ame of the state of the incorpor.mtion and by the signature and title of the president, secretary, oar other person auth,•;rizt-d to bind it in the matter. The name of each person signing shall also be typed or printed below he signature. A bid by a person who affix's to his signature the word "president," "secretary,' "agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the VVeld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing on behalf of a c.rpo-ation shall be furnished. 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 design ns ano prices shall be fully nd clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on ::he oart of a bioder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. 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/Purchasing Director for the premature opening of a bid n ot properly addressed and identified. In accordance? with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County oidders in all cases where said bids are competitive in price and quality. Weld County reserves the right to reject any and Al bids, to waive any informality in the bias, to award the bid to multipl _ 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. Familiarization with the Work: Before submitting his Bid, each prospective Bidder shall famili,.rize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, state and federal laws, o rdinances, rules, regulations and other factors affecting performance of the Work. He shall carefully correlate his bserviutions with requirements of the Contract Documents and Drawings and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submissioDn of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this par graph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discovers ambiguities o r is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engireer for an interpretation thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Controller/Purchasing Director, no interpretation Addenda will be issued within the last seven (7) days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Preoaration of the }id: Bidders are required to use the Proposal Forms which are included in this package and r the basis indicated in the Bid Forms. The Bid Proposal must oe filled out completely, in detail, and signed by the Bidder. Bids by partnerships must be executed in the partnership name and signed by a p :rtner. His title must appear under his signature and the official address of the partnership must be shown below the signature. Bids by corporations must be executed in the corporate name by th president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. B2100050 2 Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Controller/Purchasing Director may at her sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid, Labor& Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFP. 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. 6. INDIRECT COSTS Governmental Fees: The cost of all construction licenses, building and other permits, and governmental inspections required by public authorities for performing the Work, which are applicable at the time Bids are opened and which are not specified to be obtained by the County, shall be included in the Bid price. Royalties: The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the Bid price. B2100050 3 Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sanitary, ga fOephone, and similar facilities and services required by him in performing the Work. Cash Allowances: The Bidder shall include in his Bid such sums as he deems proper for overhead costs and profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS Familiarization with the Site: The prospective Bidder shall by careful examination, satisfy himself of the following: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local conditions. Availability of lands as set forth in the General Conditions. Access to the Site: The Bidder shall carefully review the Drawings and the Project Special Conditions for provisions concerning access to the site during performance of the Work. The Bidder shall carefully review the locations of the site where the work is to be performed. The Bidder shall make all arrangements, as deemed necessary, for access to property outside of County Right of Way, prior to beginning the work. 8. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder 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). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder 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 Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder 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. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder 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 Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder 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. Successful bidder 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 Successful bidder 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, Successful bidder 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 Successful bidder B2100050 4 receives federal or state funds under the contract, Successful bidder 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 Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 9. GEN PROVISIONS A. Fund Availability: Financial obligations of the 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. B. Trade Secrets an •` 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 B2100050 5 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. 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 faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. 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. 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, The successful bidder'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. 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 B2100050 6 in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty_ Contractor warrants that construction services performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all construction 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. This warranty shall commence on the date of County's final inspection and acceptance of the Project. P. Non -Assignment. The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Compliance with Davis -Bacon Wage Rates. The successful bidder understands and agrees that, if required by the Scope of Work, the work shall be in compliance with the Davis -Bacon Wage Rates. 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. W. Compensation Amount. Upon the successful bidder's successful completion of the construction of the Project, 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 Director of Weld County Public Works, or by formal resolution of the Weld County Board of County B2100050 7 Commissioners, as required pursuant to the Weld County Code. 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 10. INSURANCE REQUIREMENTS General Requirements: Successful bidders/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director 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/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. 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/Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The 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 construction 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 construction 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 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/Contract Professional shall obtain, and maintain at all times during the B2100050 8 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 Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a 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. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 500,000 $ 500,000 $ 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosions, collapse and underground hazard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured —owners, lessees or successful bidders endorsement, ISO Form 2010 or equivalent, additional insured —owners, lessees or successful bidders endorsement, ISO CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and 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 $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payments one person Automobile Liability: Successful bidder/Contract Professional 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. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. Successful bidders/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the successful bidder/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder/Contract Professional's insurer shall waive B2100050 9 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/Contract Professional. Successful bidder/Contract Professional 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/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for each claim, and $2,000,000 aggregate limit 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 provided by the successful bidder as part of the Contract. Successful Bidders Pollution Liability: Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the operations of the successful bidder described in the Successful bidder's scope of services. Policy shall cover the successful bidder's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the successful bidder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations". Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 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. B2100050 10 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: REQUEST FOR ENFORCEMENT SERVICES MOWING AND/OR SPRAYING WELD COUNTY COLORADO - COUNTY WIDE PROJECT LOCATIONS I. Purpose Weld County is soliciting bids from qualified consultants for contractual services of mowing and/or spraying in Weld County. Two separate bids are included in this contract. These bids are for mowing, and private parcel spraying. II. Scope of Services The Weed Division of the Weld County Public Works Department manages the noxious weed control program for Weld County, Colorado. The weed control program was established under the Colorado Weed Management Act, Section 35-5.5-101, et. seq., CRS, and Weld County Code, Chapter 15. Both laws provide the right to enforce weed control measures on negligent landowners if all of the appropriate steps have been followed. A. General Project Description The Weed Division will carry out enforcement procedures on landowners failing to comply with legal notice from May through October. Depending on the growth of the noxious weeds targeted, mowing or herbicide treatment will be used to bring the landowner's infestation into compliance with Weld County Code Chapter 15. B. Project Requirements The purpose of this bid is to establish the basic costs of various items such as different classes of mowing and different classes of herbicide treatment so that the County can, on relatively short notice, have noncompliant lands within Weld County brought into compliance by applying one or a combination of the items most appropriate to an individual site and time. The Contractor must be able to respond to a County request for work within 3 working days, unless a longer time frame or future date is defined by Weld County, with all of the labor, equipment, and materials necessary to complete the requested work in a timely manner. All work shall be completed in accordance with these specifications, accepted horticultural practices, and the project work order. All permits, licenses, fees and traffic control associated with any work under this Contract are the responsibility of the Contractor, unless otherwise noted. Due to the size of Weld County, the variety of project types and that timeliness is essential in this contract, the Weed Division Supervisor will work with several Contractors. III. Term of Contract This Contract is a renewable one year term. The County, at its sole option, may offer to extend this Contract for up to two additional one-year terms (for a total of three possible years). The extension option may be exercised providing satisfactory service is given and all terms and conditions of the contract have been fulfilled. Such extensions must be mutually agreed upon in writing, by and between the Public Works Department Weed Division Supervisor and the Contractor. An increase of 5% or less can be approved by the Director of Public Works. Extensions more than 5% must be approved by the Board of County Commissioners or re -opened for a new bidding process. B2100050 11 IV. Enforcement Specifications A. Areas to Be Treated All areas to be treated under this contract shall be within the unincorporated portion of Weld County as established by Section 35-5.5-109, CRS, or within municipality boundaries with written approval from the municipalities governing board. B. Class I Herbicide Classification Class I is field spraying. The minimum equipment required is a truck or pick-up mounted sprayer with a minimum tank capacity of one hundred (100) gallons. Sprayer must include a boom with nozzles spaced according to manufacturer's specifications and capable of delivering a minimum of ten (10) gallons per acre with a minimum swath width of fifteen (15) feet. C. Class II Herbicide Classification Class II is handgun applications. The minimum equipment required is a truck or pick-up mounted sprayer with a minimum tank capacity of two hundred (200) gallons. The handgun attachment must be capable of delivering a minimum of fifty (50) gallons per acre and having a minimum of 100 hundred (100) feet of hose. D. Class III Herbicide Classification Class III is hand applications. The minimum equipment required is a backpack or hand-held sprayer with a minimum tank capacity of three (3) gallons. E. Class IV Herbicide Classification Class IV is cut stump treatments. The minimum equipment required is a backpack or hand-held sprayer with a minimum tank capacity of three (3) gallons and chainsaw or other mechanical tools as appropriate. F. Class I Mowing Classification Class I is tractor weed mowing. The minimum equipment required is a farm tractor with a minimum of fifty (50) horsepower and a five (5) foot rotary mower. G. Class II Mowing Classification Class II is tractor weed mowing. The minimum equipment required is a farm tractor with a minimum of eighty (80) horsepower and a 15 — 20 foot rotary mower. H. Class III Mowing Classification Class III is hand weed mowing. The minimum equipment required is hand-held equipment such as string mowers, hand sickles, or high wheeled industrial lawn mowers. J. Materials and Equipment The Contractor shall supply all materials and equipment including, but not limited to, herbicides, water, sprayers and mowers necessary for completion of the Contract. B2100050 12 V. Execution of Specifications A. Method of Application Method of application shall be determined by the Weed Division Supervisor. This will be based on individual site conditions. B. Herbicides Allowed 1. 2, 4-D Amine 2. Dicamba 3. Vista XRT or Fluroxypyr 4. Telar 5. Plateau or lmazapic 6. Milestone 7. Rejuvra 8. Garlon 3A or Triclopyr aquatic 9. Surfactant: 90% non-ionic active C. Rates and Usage 4.0 lb. active ingredient per gallon 4.0 lb. active ingredient per gallon 2.8 lb. active ingredient per gallon 75% D.F. 2.0 lb. active ingredient per gallon 2.0 lb. active ingredient per gallon 1.67 lb. active ingredient per gallon 3.0 lb. active ingredient per gallon ingredients, or methylated seed oil depending on the weed species targeted. Herbicide rate and type shall be subject to the approval of the Weed Division Supervisor. Such usage must conform to the environment conditions of the site, to the landowner's request, and shall conform to label restrictions. The contractor must follow all safety, application and precautionary statements on the label. D. Product Substitutions The Weed Division Supervisor shall evaluate all requests for product substitutions. All such requests must be in writing and must include a detailed description of the benefits and any alterations of price. No product substitutions shall be made without the prior written approval of the Weed Division Supervisor. E. Required Control All herbicide applications must be of the correct type, rate and timing to guarantee control of weed top growth for a period of 90 days following application. Translocating herbicides will be used to insure some root control and reduction of existing weed stands. F. Safety Clothing and Equipment for Applicators Spray applicators shall wear appropriate clothing and safety equipment as recommended on the label. If applicators are not properly clothed or protected, the Weed Division Supervisor or staff may stop the spray operations until minimum safety requirements are met. G. Equipment Inspection The County may inspect all pesticide application equipment, and/or the chemical tank mix of the Contractor at any time during the project period. All equipment shall be cleaned on the site, prior to leaving to decrease the potential for spreading noxious weeds. The County shall be under no duty to inspect every time. H. Mowing All weeds shall be cut to a height of not more than six inches. All seed heads and stems must be completely severed from the basal portion of the plant. Areas mown must be uniformly cut with no skips or weeds left standing. All patches of noxious weeds will be mowed. Only areas infested with the noxious weed will be mowed as discussed during the on -site meeting. B2100050 13 I. Herbicide and Mowing Application Record The Contractor for both herbicide applications and mowing shall complete a record of application for each job assigned or more often as environmental and/or site conditions warrant, on forms supplied by Weld County. Application record forms shall be completed in full and delivered to the Weed Division Supervisor within one (1) week after completion of the job. A site description detailing the location of the actual work performed shall be included. J. On Site Meeting A meeting between the Contractor and the Weed Division Supervisor or their staff shall be required for each parcel to be treated through herbicide or mowing operations. Said meeting will be held at the job site with the intention that the contractor will be able to start the job that day, if possible. The following information will be discussed at the job site: Expected starting date Expected completion date Property boundaries and estimated acreage as determined by an aerial map from Acrview and/or GPS mapping Extent of work to be done Herbicides to be used (if applicable) Application equipment Any potential problems with site or treatment Application records and maps will be given to the Contractor at this time Property owner K. Set -Up Charge The County shall pay the Contractor a one-time set-up fee for each separate landowner. The set-up fee includes but is not limited to, Contractor's time and travel expenses to and from the on -site meeting and any additional meetings necessary for the site. Set-up charge shall be a flat fee applicable to any and all parcel sites. L. Project Start Date If the Contractor returns to a property later than five (5) days after the initial meeting with the Weed Division Supervisor or their staff and finds the weed control work already completed by the landowner, the Contractor shall not be eligible for the set-up charge. If the Contractor does not return to a property to carry out weed control measures, after the Contractor accepts the job, the Contractor shall not be eligible for the set-up charge. Spraying the roadsides shall begin no later than seven (7) days after initial contact. M. Confronting the Landowner on Site If the Contractor is confronted and asked to leave the property by the landowner or his agent, the Contractor shall do so immediately, without performing further treatment. The Contractor shall be paid for work completed at the time of leaving. If no work was performed before the Contractor was removed, only the set-up charge will be paid. The Contractor shall notify the Weed Division Supervisor within twelve (12) hours of landowner interference in treating the property. Failure to notify the Weed Division Supervisor within said time limit will result in non-payment of all charges. N. Down Time and Unforeseen Circumstances For the purposes of this contract, the term "down time" shall be defined as any project time spent in non- productive activities such as, but not limited to: time spent gaining access; time required to secure Weed Division or Sheriffs office assistance for access; Landowner interference; Extreme operating conditions, such as trash removal or unseen field conditions. There shall be no "down time" for Class IV roadside noxious weed control applications. B2100050 14 Down time shall NOT include: equipment difficulties; equipment breakdown; employee negligence or illness. Payment for any activity billed to the County as "down time" shall be contingent upon the approval of the Weed Division Supervisor, and shall not total more than two hours per parcel. VI. Work Order Request and Payment A. Notice to Proceed - The Weed Division Supervisor shall call the Contractor and discuss the work to be performed. The Contractor shall have the right to refuse any job. Refusing more than fifty percent (50%) of assigned jobs will result in the termination of this Agreement. B. Contractor's Cost Estimate - The Weed Division Supervisor will develop a written work order based on bid prices. At the On -Site Meeting the work order will be reviewed, the start date and an estimate of time required to complete the work will be filled in. C. Work Order - Upon receipt of and agreement with the Contractor's cost estimate and time to complete, the Weed Division Supervisor shall provide the Contractor with a signed Work Order (see Exhibit A). The Contractor shall begin and complete the work as agreed to in the estimate. A signed/accepted cost estimate will be the Notice to Proceed with the onsite meeting. D. Performance of the Work - All work is to be performed by qualified personnel thoroughly familiar with proper and accepted methods for herbicide applications and/or mowing operations. All work is to be performed under the direct supervision of the Contractor's superintendent, who shall be thoroughly familiar with the provisions of this contract. E. Job Start and Completion- The Contractor shall telephone the Weed Division Supervisor at (970) 304-6496 EXT. 3770 or at (970) 381-4052, when they reach the job site to start spraying or mowing operations as well as when they have completed the job. Failure to call the County at the start and completion of a job may result in nonpayment. The following information shall be given: Contractor's name and company; date and time; parcel location or number. F. Payment for Completed Work - When work has been completed on any project, the Contractor and the Weed Division Supervisor shall inspect the site together and determine the total area of the work, and whether or not the work is complete and has been done in accordance with the work order. If mutual agreement cannot be reached on these issues, the determinations made by the Weed Division Supervisor shall be final. Deficiencies in the work, if any, shall be noted and a checklist of these deficiencies given to the Contractor by the Weed Division Supervisor. The Contractor shall immediately correct any deficiencies listed on the checklist. G. Billing — All work completed by the Contractor shall be billed to the County within 7 days after completion. The billing will also be complete for all parcels owned by an individual or company. VII. Warrant The Contractor shall warrant all herbicide treated areas against defective materials and/or workmanship for ninety (90) days from the date of Conditional Acceptance. The Contractor shall retreat (in accordance with the provisions in the original project work order) any areas that noxious weeds are able to flower again during the warranty period, at no additional cost to the County. ANY DEVIATIONS FROM THE STANDARDS GIVEN ABOVE MUST BE SUPPLIED AND APPROVED PRIOR TO THE AWARD RECOMMENDATION BY THE COUNTY WEED DIVISION SUPERVISOR. B2100050 15 Exhibit B Regions of Weld County ,267+.J 446w ,26Su Q641.1 2G+3u 0248u 124/14.$ +ado,✓ /16`I. gzi /2% j. 4%w RE ICI 72,4 L/AtespA �-�• aiWS76r✓ r21^, Of L .u� »'-17/1REGION #1- NORnERBSP •RWD " REGION #2- NORTHEAST TEM . REGION #3- SOUTHWEST RID REGION 0- SOUTHEAST TRW tJ $ P I If nn noun. =a nn..ganahnpaaaR.nN an.n f.S3a nalLtLfMf 77A1 eau Row ?264) gip) /26t() e6 10-4a0.1 k4/k/ 17, — % N -- T74I WWWW Rsb4+ WELD COUNTY+ COLORADO MSS • SD 41.. p a B2100050 16 tity Information Entity Name* Entity ID* HALCYON CONSTRUCTION INC X00040606 Contract Name* ENFORCEMENT MOWING Contract Status CTB REVIEW ❑ New Entity? Contract ID 4581 Contract Lead* TBOOTON Contract Lead Email tbootonPco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project I Contract Description* ENFORCEMENT MOWING FOR LAN©OWNER CONTROL OPTIONS FOR COMPLIANCE WITH THE STATE NOXIOUS WEED LAW AND COUNTY CODE. Contract Description 2 Contract Type* CONTRACT Amount* 33,000.00 Renewable* YES Automatic Renewal Department PUBLIC WORKS Department Email CM- PublicWorks ?weldgov.com Department Head Email CM-PublicWorks- DeptHeadn+eidgov.com County Attorney BOB CHOAIE County Attorney Email BCH OATEQPCO. WELD. CO. U S Requested ROCC Agenda Date* 03,,, 29i 2021 Due Date 03/25/2021 Will a work session with ROCC be NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP#* B2100050 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 ination Notice Period Contact Info tion Review Date* 01 t°10/2022 Committed Delivery Date Renewal Date* 03'1712022 Expiration Date Contact Info Contact Name Contact Type Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver CONSENT Approval Pr+ce Department Head JAY MCDONALD DH Approved Date 03/23/2021 Final pr BOCC Approved BOCC Signed Date BOCC i 03/'2912021 Originator TBOOTON finance Approver CONSENT Purchasing Approved Date 03/23/2021 Finance Approved Date 03/23!2021 Tyler Ref # AG 032921 Legal Counsel CONSENT Legal Counsel Approved Date 03/23,`2021 Hello