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HomeMy WebLinkAbout20220019.tiffRESOLUTION RE: APPROVE AGREEMENT FOR CONSTRUCTION SERVICES FOR DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT BUILDING SECURITY WINDOWS PROJECT AND AUTHORIZE CHAIR TO SIGN - GROWLING BEAR COMPANY, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Construction Services for the Department of Public Health and Environment Building Security Windows Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and Growling Bear Company, Inc., commencing upon full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Construction Services for the Department of Public Health and Environment Building Security Windows Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and Growling Bear Company, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of January, A.D., 2022. BOARD OF COUNTY COMMISSIONERS ��,COLORADO tt�� ��,,,,,,// WEL ATTEST: %�nl G •�C,Gto%� Sco K. James, Chair Weld County Clerk to the Board Date of signature: 1 /& /22 CC*8 (TT/SG), PR. 2022-0019 BG0024 C�kc l FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 December 13, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Health Department Building security windows; B2100150 As advertised this bid is for security windows at the Health Department building. The low bid is from Growling Bear Co. INC. and meets specifications. Therefore, the Facilities Department is recommending the award to Growling Bear Co. INC. in the amount of $24,476.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 2022-0019 GI /G3 (3C-i0UZ4 AGREEMENT FOR CONSTRUCTION SERVICEa W ? WELD �ouNTY& GROWLING E .R CO INC, HEALTH DALR1MENT BUILDING tECIJR1TY WIC WS PROJjECT THIS AUREE'MEN F is made and +altered into this 34ay of ?ll`"r by and beiween the Board of Weld f'i ui . 't'ornmissiuners, on behalf of ;hDepas in{ of Public Works, hersittrii r refcrrrai to as 'Cur,'and mwlin t Bear Co, INC. hcrcinaher racm d to as •-C,u.atra1dw, -. WHEREAS, Colinryr desires to retain CTantrLGt{rr to perfbrrn co1Iciiuciiu+t1 Si! iccti as t wgt1lmd by County and set fbrth in the attached l!xhibits; and 'WHEREAS, Contractor is Nkilliri, to pertcrri and has the specifie abi1Jty. qu tli aticrns. and time to p rfjrrt the required creeslzarctiur serrricvs to prr vide the services aoiording to the terms of this Ann; and WHEREAS, Conti for is authctrbx :d to do busanefis in the State of Coiora and has the time, skill, expertise. and exp •rkiwee necessary to pirovidLn the equupntetTt. materials and sev.ikes as set forth below; NOW, THEREFORE, in weirder- lion of the mutual pruinbes and eo,'errmnL coniaiirt=d herein. the panics hereto agree as V�r7llcrt s: 1. Introduction. The terms of this Agrertnc,aat are contained in the terms recited in this docurent and in the E.xhihits. each of which forms an integral part of this Agr etnuvi and are asteoWrAwd herein_ The parties each wled,g and agree that this Agreeretcr, in .loth q the atwhi Fshihit , define the perlori ,vtiec tabligaticns of Controctir and Cvrrtrairtt�r's willtatartcsa and ability to meet those rquiremenig (the "Work"). If a conflict occurs between this Agrcemcc and any Exhibit or other armched dl -c tmcn1. the terms of this Agrectrtegt shall control. and the :maining order of prt±c*denec shall based upon order of xilachmec t. of aunt Inc> + si for Bid I 'I3; as set forth in Bid Pit kNo. 2 QO15 ". Exhibit B icts oftontraclor'; R ponce to ouni'-i Rcrque�L for Bid. 2. Service or Work. C ontractor agrees to procure the trtriterials, egraipment and/or product oc cisusy for the Work and agrees to diii,gently pro idc all seruicis. labor, persorTrici and maierit+is neceearto,pertnni, and t:-ontpleir: the Work deseribcd in the .meted Exhibit.. CnntrwLor shall faiihfullperf: rm the Work in ttc cord to ie with the siandards of pr)$l ssiarlt it care, skill, trsi►tiii_ di1igcn a and , tid&,nreni pim4 kd by higtxly cctm,pctcrtt Contractors per1�r4!iia ertnstruetirrn ,erviccs of a similar nature to those dscrbcd in this A r cnaent. Conttact!r shall furthirr be respunaihlc for the timely vompland ackrtowlede s that a failure to atop jy with the s artderds and of Work wit:ttin the time limits n cribc;d by Count% may result in cowH t:isi vn to w ithhvld ppywvnt or to rerTrt in ce this. �t:i iiactal, 3. Term. The term of this Avrcereni hei, ns upon the date of the :i utual e: ecutiun of this re m ref and shall tlntin-pe tbmugh and until Cur " L.w' compltLi an of the resp►,rtsibilkik deacrit cd in the attached x1iibits. Both of the portics to this Agrxwtui n arnderstand and agree that the laws of the State of Cobxidct prohibit Cuifuty from etttceing into gareemoznt which bind County for per:Qd5 longer than one year. This .A�ret enk may be extended upon mutual wfiitten agrecment of the Qarti - In its sole tlisf;rcti n, the Ccluat , by the :Dire tts.r of the Dcpartn cnt of Public Wcrf or his or her -desigti ', may extend the time iirr the C c►I�tra ttw to cttrrplete the scr" c or -firk, by not more than Thirty (30) days. Such cxtc�tsion shall not incise the compen ticn to be paid to the (unlraetcar nor htnge any other term larf ln. 4. Term,ina+doE Breath; Cure. County may tinte this •p.reerncnt for its own can -eni iwc upon thi (30) days w.rirtcu notice to C itractor. Either Party may .iscrraaediately wminrrte this A reemem upon material breach of the other party, ht' the bee thing party shall have fifteen (15) days after m4rviviag such notice to cure such breach. Upon termination, County shall take pos*ession of all :natacrial , equipGta�rat, tools and ffcilitics owned by f-u�umy which C�anttarctor is using. by whatever methr7d it deetrs expedienr; and, ractr shall di -liver to County all dmwins. s. dralf1s. or other Jecumcnts it has compiet�eci or par[ia�lly 4onrpleted under this Aemenr, together with all other herns. materials and docume►its which have been paid for by Count , and these items. rnaterialk and dociunents shall be the prcapeity of County. Copies of work Prc tract that is inenmplcfc at the time of termination shall be tttarkcd " DRAF T- INCOMPLET.F" If this A re mcnr is Germinated by County, C►zntrttctor shall be cemperosa�ted for, and such n11n� Lion shall be ii niter to, (1) the sum of the amQuttts contained in irrwice5 which it has adbnritw4I and which have been approved by the Cot ; (2) the rca onabIc value to Coati: of the :ices which Cuau fur provided prior to the date of the termination notice, but which had not yet been appre, ,i for payntent: and (3) the cost of any work which the Coinppraves in wri[ing which it determines is needed to :cornplish an orxlerl„y tcrmioadet of the work. Cove iy shall be entitled to the use of all material , er►erawd pursuarot to this AErcerrrer�t upon termination. Upon term i itiun of this A ,recmcnt by C&.unt , Contractor shall have no claim of any kind whatsoever insthe.ounly- by reason of such tern instioii or by reason of any act in64cmal thereto- s -.cpt for s:QmM- tioi1 for work jiatisructoriI perILcm.i and/or ma,tw.ia6 c{escribed herein pmperl ► Hirer+ ,l, 5. £xteusliva or Modfficatiart. Any to t du eats or modifica.:tirsrsc to this agreznen& shall be in is rithau signed by both panics, No udditiorrai i o5 or work perforr.ned by Cona-Acior shall be the basis for additional •kompc 2isikrr+ unless and until Contracttar has obtained written a,a[bs rizaticr and at knQr..ledgemer+r by C kauAy for such addition ► c.utxlinaiy. no claim that the CQuft} has been urtiustl, ertrirlted by any adclitiotral service whether or not there is in fact any such unjo l cnriehrns:nt, shall be the basis of any incna apse in the cornper�sttk n puy9hle hcrek4ttd r,- In the event that Nvriuen ,sorl►ofii-tMticm and knsiwlerl nmrtt by the'+'aunty for such additkanal i es is not timely excciited and issued in strict r ". vrd.a a with this Agree,ttent. C pnlractuf s rights with respect to such a4ditinna) rr�rives shall be deemed w h cd and such Itailnie shall result in non-pztyrnettt for such additional services or work peribivoed- In the event the 'Cuutrty shall rc quiive tit in the scope, character, or of the work to be perforrtaed_ and said chary eg cause an itt+ci a or cleu-cain the time required or the costs to the C.: ut3racioc for ,perfbrl 1,ei. an equitibk ustinent in fees and c4:itip'1tti n time shall be nt;g- tinted b.ien the pw Tie and this to nl shall be ntudified asxord io ; l►' by k-liairjqe Order. Any elaiinn' by the Contratcb r for .aid jusIuient het *tuidcr must be made in writing prior to perform#trt�e of any work cttiwcred in the anti;ip4ttctl Chr a Order. Any chaogz in work made witIi . ut such prior f'hnitgc Order shall be deemed ctRwcreci in the camp rasalion and time prkwis3ans of this Agre m ni, 6. Cam peosattanlContruct Amount. '[poet Cnntrac:tor's succssful i ompletittii of the Wcrk, and Counts acccpk n ee of the some, Co uny agrees to pay an amrunt not to ex. id $24476.00, as set forth in Enhibxis• No pa ment in excess of that set forth in the Exhibits will be made by C.ia+r,iy unless a C1�sa�ae Order autlt.oriring such udditional pr.ttsnt has been sp .. is illy ipprc+ed by Weld C aunty. If, at any time luri the term or after ieination or exparaxittn of this Agwmwent. County retsotrablk letcrmines that any pa�mc tt made by C runty to Cnrttractorr was rmproper bevause the service for which payment was made did not pert'c m as set forth in this Agreeinent, then upon written notice of such determination and request for reimbursement from •C.vi,rrtty, C ractttr shall forth h return such payrttectt(s) to County. Upcn ter+ninaliott or expiration of this Agrcernent. tenexp.endcd funds advsnced by Ccunli.. if any, shall F+ rthwe h be returned to .Comy. Cou'nty' will not withhold. any taxes from monies paid to the C�+tstractor hereunder and Coutractar agrees to be soe1y resansiblc for the a .curate nepoi ing and payment of any taxes dated to pa 'ens made pursuant to the terms of this Agn tnertt. Unless expr sly° enumerated in the attached Exhibits: Contractor shall not be entitled to be paid for any other expenses (e.g. mikeage). Notwithstanding afi)-thirtr to the contrary conmined in this Agr'ecmeni County shall have no obligtations under this Aggrecmct t after, nor shall any pHyments be made to Contmetur in respect of any period after l ecember 31 of any year, without an appraprialiran Owreforc by County in acr-ordance with a budget adopted by the Board of County -oMMIhsunier' in ck pliance with Article 25, Title 30 of the Ccilo,rsdo R.e ised Statutes, the Local tJstvernment Budget Law (C -LS. 29-1-101 et. seq.) and the TABOR Amendment (Cokrcti Constitutinu. Article X, Sec. 20). 7. Independent Contractor. Coktkructor agrees that it is an ittclepertdeiit contractor and that Crrntraett is offi &rs. agc;ntt or ►=ncltloy es will not become cttiploye-es of County, nor enttitled to any entply-en benefits ludinS uremplt,}•nent irtsurtrtee or w arkers' a pettssrk n bei1iw1 from Cauuiy as a result of the execution of this .Agarcetawut,. Corltr ctor shall be s aicly rc p nsilste for its acts and those of its ngents and ei1tpk" a for all acts pc rmad p.rsuamt to this .uireen}eni. S. Subeontractors. Contractor .ckn ledgcs that County has entered into this Agrc cneirt in reliance upon the particular air and cxper1i&e of Cor�tractvr. Cori minor shall not enter into any subntrictor agrermeni for the completion of this Work without Cotanty.> prior written consent, which may be withheld in County _s sole disc:retiam. Count shall have the right in its reasonable discretion to approv c all psrsoimel a iaiwd to the Work during the perfirmsncr of this A,vcment and no per }nnel to whom County has an objection. in its a onable discretion, shall be assigned to the Work. Coniractor shall require each subr-emt etor, as appr vt;d by C uunt - and to the extent of the Work to be performed by the subcontr. u tor, to be bound to f: enrractor by the terms of this AP-rcement. and to assume toward Contractor all the obligatienand rponibilitei which Contrast. by this Aglm:emcnt. assumes to ctrd Counts.- County shall have the right (but not the oblig�atioi,) to enfbrc.:e the pr&,iOn5 of this Agceemttent against any subcontractor hired by C'ontiai.1u and Conic ctor shall v-voperau in such procn m The Contractor shall be rc pc+t 'l�* for the acts and omisiii�n1 of its inp.1i�yrc and subtuntF53 tktrs. 9. O+rtnwship, All work and informotk'n obtained by Contrsc:tclr under this .A,greermcrft or lnciividuai work order shall become or remain (as pit -l). the property cif #.'t}uniy. In addition. all :reporx . data, plcns. drawings..res :rd% and eo!rrpultr files gencrated by ritrntr x1c r in relation to this Agiec,rieni and all rcporis. test rcSrali and all other t ugible M. stethals obi.k cd 9udler produced in cc►nneciior with the perform sncc of this Agrecrn nt, whether or not such awcrials are in c uploed form, shall at all times be c tisielcrcd the property of the C' r+rrr'r€y. try}ntr oar shall not make use of such material fbrputpos other than in conne .T ion with this wlthopt prior i+critiein appwvi i ofCuw,u . 10. Confidentiality. Confidential in1 ati+arr of ([or should be transmitted :eparcJy from non-cwnfidential information. clearly denrnittg in red on the relev It document at the top the word, " CC)NFIDENT(AL' Howcyet, Ia�nmwAor is athi4 that as a public. entity, Weld C€�mrst; must comply with the pro -isit7u,i of the t olurado Opera .Ret.*xrds Act (CORA). CC1 ,']x 2472-201, et seq., with .re ewd to public mods, and cannot _2uar ntee the .:o.nfdertaial'2ty of all .rumen s. Contrat.t sr agrees to keep coidential all ofCou nty's confidential information, Cautracknr agrees not to sell, assign, distribute. or dis°losc any such canfi lentia1 information to any other person or ntity without seringwrIien permission from the County. Contractor agrees to advise its employees. agents, and consultants} of the confidential and pinry nature of this confidential inforotatiun and of thetrricti►trs itrtpsrsed by this A.greernzatt_ 11. Warranty. Contractor warrants that the Work perf+rmcd under this Ag►mt will be p eforrned in a manner consistent with the professional construe ioimdards ga"verning such stn1ies and the pro�rkiorrs of this A-ereement- Contractor l'wilter rcptesent and warrants that all Work shall be performed by quflhed per oanel in a prof t sional mannw, eunsi n2 with industr stanc[ards. and that all services will conform to app Iieable peel catickns. In addition to the 1 .eegoing kvarranti . Contractor is aware that all work peri rmed on this PnIJeci p.ruuwt to this Agrecrnwrt is objet to a vwarr rtty pe,eiod during which Crmtrarcwr must correct any 1allures or dcfacieocies rat#sed by Contractor`s wofkmanship or perfrrrrnanThis warranty shall commence on the date of Count) --"5 final nto and as:cc%unm of the Pot. and shall continue for one year, or such gveater time as tpctii1cd in the atlaehed E.hibils. 12. Acceptance of Services Not a Waiver. Vpon eoinlrleEiniT of the ► ork- CArrtrractor shall sttbm,'ri to C�nuirl„► ciriginals of all test ulfs, r+epr+ris. etc., gvnernted during compI t.on of this work. Accep4an� a by Counkv of repurtsineirlaotai materaaB's}, and trvctures furnished under this Agrccme+)t shall not in any way relieve Coralractcw of r sponsibiliry for the quality and accuracy of the constrw Liatr of the p.rojnct. In no event shall any action by Co�+uty hetcuide eorrstit'me or be constt�rcd to be a wai' r by County of any lxch cif this ,Areenrent or defiiult which may then exist on the part of Contraetor, and unt)' w action or inaction when any such breaJ or default shall exist shall not imp' or prejudice any right or Comedy available to Counly with mspcct to such breath or default. No fis ntr exprc c 1 or imnplied, to any hrl' of any one or more caveiaant�. pin a or coditions of the Aam runt shall be deemvt d or taken to be a wares° of any other Acceptance by the C corny of. or payment for, the Work vane aleid under this •A are+emcn1 shall not be consttued as a iA liver of any of the Vj lk rtty 'i rii!htm, under this A reerncnt or under the law generally.,. 13. Insurance. €'onkrarw must secure, before the commenccm,ent ofthe Work, the fo1 ko o insurancall operatives, onds, and s ,ri es provicl d pur�atam to this ArcmE1L and shall keep the rRquirr,l inssrr•trr}ee coverage in force at all times during the term of the Agreement or any extension ltwnr pt: and diari rig any warranty period. For all rover, s. C•t1ntratrtr c iti n rC r shall waive s1 ttygaEJCLn rights agatirzst Co unty. a. 1Z r'f lnurau; tl'rrrkrs s .Li rb l �.r lacurnirx as +•equired by state statvW. uo •cr#n, all the .contractor's pia ° esacng wanlain the course and scope of their employment. The policy shall roolain a A-aivec of sArogat'run against the County. This rcquiren1cnt shall not aPply when a Con rtoi or rwbcontruetnr is exempt under Colorado Woikces' Co pensaiion Act., AND when such C ntruclor or subcontractor exc ite.4 the 4fEl sole prCprieto!- wur form. inrrr r°rig} Gen oral .Iiuf+iMry Insuran,c-f' includinp, p+ blhc (hillry and property darns..a do •erin, all opera i ns requireL by the Work. Such pot icy shall include minimum limits as 1"+ lltawsr $1.000,004 each rrcerm n c; S2.40t1.000 gcneral atggre, aw. $2,000,fQ0 pr duds and crmpicted o} eiati ens agg gate=; $1.000, kO0 l rsoonal Adveim!5ing rrijurk_ $50,000 any one fire; and M.1i00 Medlcal payment per percon-Medical operaiions tovi2,rage shall be prokided for a minimum period of one (1) year fauns inP final .1tiluawhiie LlvNfitt C .traclof shall nr ia'1ain limits of $1.001}.400 for bodily+, injury per persorn; $1,QOQ-O00 for belciil injury for each ac:citkat. and $I,MQ,0Q0 for pr pert; damn,, a Applicable to all vc-l'icles operating both on f.u�ii ty prop ,, and clsewhcrc. for t°ehicles Awned. hire& and f ojr-o ned R•ehicles used in the rfrar�arnrwe of this ContrEr�t. .l rofe� iost�J.L hibi fVrrvr.x andOmissions Lrrrh�llr )- Contr&or shall muiniain limits of $1-000.000 Per Loss and $2-000,000 Annual A egale for both the ack r and trlr�orrtractor�► ene (1) the Work incicdks C i,astr+.tc:tk+�n Sutvc� keg, ttnd'nr S�uv Mleou�mentaltlo;l as1�llor (2) plan. 5per ilvcatitarr . and suubMitlaln are rrcq sired to be siaircd and sealed by the Conuacxcrr'5 or aubcgn torws Pro-fes.4arrna;l Poe-ineer• it :Reding but not limited to (a) Shop drawinss and )%-uri i'ng drawings as defined in trbs aloe 105.25 of the SpcciFlcatlolls- (b) Mix design. - (c) i:s+antrarwr performed design work as rquft d by the plans and S -p s.:il F 0prrs. (d) Grange Ord'. or (e) Value 'Prsrpa1. The p4+liev shall cover profcssioas-Al tnisicr+dttct or lack of rsrdisattr ' skill for those peg itaanS defined in the Sc;+ pe of Services of this contract. Contraetctr shall maintain limits for all claims cs .rJng wrongful acts, errors and/or mi:siogs- iwIudmni, design errors, if appiicnble. for damage .cu s .id by reason of or in the course of operaoott. under this f.=ntitrtt re a+lafxtg from P"o#essina3 s .ice . In the event that the ,rof si+on4J liabi lire inwancerequired by this C +ntrnct is written on a claims -made basis, Cntraor sw rants that any t.trtcti've date under the polaq shall pace the etTecuve date of this Cct}.zr#t:t. and that either continuous ctaverage will be malntaiur t or an cxten€led discover • p fris.+4i will be excnwisctl for a period of two (2) years pinning at the time work under this (:contract is co�s-s.p let► 4i . t.rtrl*r -flrr orLirrhrllr .l, rrrwr : Contraetsar shall .m in#ttin limits of $1,ftfU.fiia0 and shall bcnrn prism r in the event the prinaarr liabilit policy limits are i iip}aired or exbatksted. The jrnlicMiry shall be 'incn on an currencc form and shall be following form of the prier. ary. Po/lurkm Lkrbl?iii-, Weld Couaty requ.irc s this •wheneteerwork at issue under this Contract ins.olw es potential pot ion risk to the envRuarnent or losses cnued by pollution conditions that may arise from the operations of the Contractor described in the Exhibits, The p Aiev shall cover the Ccmtractar's cott�pleop►r;ratioits. Covesa a shall apply to sudden and rdwiI pollution conditions rrrsulling from the cscapc of terse of srnolu . vap ork_ Rime c. aids- &Ikali toxic cl�e,niea:l . Jia3uids_ or gases, natural gas, waste materials. or other itfrlt tat , cor1unix ants. or p'aIJulants tinrltkdin a h tkws , If the cmerax is wAtteq on a cliff rat-nbtd.e bal. the Contractor warrants that any :t tt'oaet'iwe date applicable to cucmgc under the policy pre des the elf -live date of this tract-, and that crntinuQns yrne will be maintained or an wended dir*,rc period will be e crei cd for a pgrivd of three (3) years be&inning from the time that work under this contact is c:campletgd. Mcuimisnt L1toits: Per Loss $ 1,000,flt?0 Aggrrxgale $ 1,0Q0.0IJ6 0rrzlct4rs.1 Risk lIiaitran c or 1 aftdtr Lion Fort r — urr+j. trwd Value Basta: Hilt. tiai?wa win pt lded in the attathncl Lxhibiis. the ' tssts`Actur shall put hasc and maintain. in a company or + ompanics l twf''ly autttoti d to do bns in Cr�le�r *dv. Cluald n Risk lnsuiance in the amount of the initial cantrnct emoutat as described in the a.Ltnchcd Lilaitait . plus the value of fcations, chaatge orders. and cost of mat rial supplied or iviskulled by other, srotr+pari ink total value of the entire PrI at the site on a n iarermcnt cost basis without jpt ici.il d ductibtes. 1) The pi'iy must provide t:o3erage from the time any 4ov red property h�.Cotnes the rwsponsibility of the Contractor. and continue wilhoka intcrrup4um dttri,tlr cOrr 4rcF zIe rettow'ti om or iilation. inc,iuding any time du ing which the cc�weiett pro pe • is Want, transportrdl to the onstruchon isastal.11ion site, or :awoltni in ta.Ilation. whet] ei on or off site. 2) Such Btiil cu ' Risk lnsrrrm t shall be niainl m'd unless vi#tcra use provaletl in the crntra,c% D ctur%w is or tli '.isc afire -d in writing by all pact`« and entities who are beneiidarics of such tance. until final laayment has been made or until no pes nn or ciu1iy other than the t=i roux} 's has insure ble interest in the p vpertt\ to be s:ovvmd. whit:lte 'kr is later. 3) The Builders' Risk trance shall iucludc iaitereof the County and if ,uppli ble. .atfiliatted or msoeiute ittitwes. the Get+era1 CL%tr.ador. sub ntractors and sub-i ier eonttractors in the PVLJjec(- 4) The BuEilden;' Risk (: rw °era ge shall be written on a Spc4isi Covered Cause of Loss form and shall include theft, vandalism- mullcious misctricl roliapse. Ihl se-rk. temptarary- buildings. trransit, debris removal kicI rding dernc iitiori, incr aced cost of corfi rtruciion, architect's fees and flood chitlrng water dsm e), cartliquake, and if applicalr'le. all below and above ground suctures. piping, -foundations including undec'urrrl water and sewer mains. ,piling includin¢ the ground on which the strr�cture rests and excavtion. back.Filling, fallln#. and grodiiig. Flood dainagotruge is not requic'rdJbr work within the f ewbi-t y or & �ardia%s- COPIraci r• shall bear all risk res. eir f ed with any and all loss . /1n PoM events during Ctrrr SPr it#:.t'f? Er. 5) The Builders' Risk shall include a Beneficial Occupancy Clause. The shall ,permit occupancy of the building during construction, CuMy Corrtr t(or shall take rrasder *K steps to obtain cans nt of the insurrnce company and delete any provisifns with rend to restrtirriis within any Occupmr,-y Clauses %ithin the Builder's Risk PolEq- The ► wilder s Risk Folic shall remUEI) in force until ac+ccptence of the project by the County. 6) :Etluif+:cr►erzt Breaikclsa .ai :Qvera Ra, k ra, Boiler & Matc(}inery shall be iticlur di as retvared by the Contract Dmuincnt or by law, which shall spe..itjtislly cover insured Imwt duriny, install Lion and resting (baclurlicold and hot test in) - 7) The deduelible shall not exoacd $ 5.{1J(I and shall be the re €toibiliiy of the Contractor for all rcl perils within the rctluir d For all pei i' it liahilit ;, erccess;umbrella liability_ and proles ion l iiribktirpolivirs. if the policy is a elaim6�rm do polio,. the ietowtic date must be on or bcfc+re the contract date or the first date when any !xot1F or servi s were peova l to County. . whichever is earlier. b. l"ctl'l r e: Cawfurlor shall pidc to County a t'crtilar:ate of la poht:y, or other prl�tc.f of insuran" as determined in C trinity 's sole d1►Cxtinn- Centrarlor shall provide a eci`tiiiiL'Edi s f insrrancc a ttamio Weld Comity, Colorado_ its el,cied otflc WN, and its ernplres as an additkir3a.I named :irrsu:aed. c. b •nni'al nsuranncc: Ccsnu i tur hcreb> r srranis that all :LIbcontracloN pro idinj xr ices under this A freemcnt have or will have the above deywrib d msurwt prior to the commcaar`enent of the Fork, or othe.wiMr that they are tovTe�d by the C'ontr cior% ptjl is#ss to the mniniinum limits as record hrtit, agrees to 3trt vide pc..o E' of icrstimnv for all such subvoupon rsegrseMM by the I , wnsy d. No timitiipn fLiUi The incur mce cvcrae p₹e ifi cl in this Agrecrne nt are the minimum re,gr#irements. and these r quirercni do not decrease or limit the lirsbili'ty of Cvntraot�r. The C Qvm • In no way warrants that the minimurn limits ntarnrl herein are sufficient to pt ci the f: ontr actor from l iabi l't k that nrigl[t arise out of the perforHi4nc of the Work under by the C'ont ctur, its agents. r prr;scrctatives. employces, or ou6cx)rar�taom- The Conirtu Lnr shall assess its own risks and if it deems ,pr -poste and/or pn d ni, rnalntsin hi, hce limits andrrrr broader overages, The Cerur for is not relieved of any liability or other obligations Qssc,med or ptar cant to the C ntim by reason of its failure to obtain or maintain insurance in ,sntfr;ient meunts. duration, or types. The Cantr tot shall rnairrt, in., at its own expense{ any ad iirional kinds or amounts ofinsrrraoce that it may deem ssr►xy to cover its obli tt s and liabilities under this Awn. e. _ j:ftcuon &Coniplince with bracva uircmnts. The Contractor Tjpu.lics that it has met the insurance r quircmcnts ide�ntibcd herein_ The C'or<tramor shall be sponsible for the pro heyisic nail guafity, techrri+eal accuracy, and tlu (ft%. of all servic -s pro idetl. the thn%y eiy of said sercfce , and the co-+rt inatio.n of all services lenc.l by the C.'+�rrtraeror and shall, without additk*tial cotnrpen etion, promptly tvmerrdy and correct any errors, omission . or other de fcit;ncics- 14. Indemnity, The f'r mmdor shall dcfbnd, indem.n i and hold havnicss County, its of eke ' agents, and ernpl cues. from and against any and all inj'r�. loss, drmnge. ;liah.ility, suits, actf u.nm. �clairrrs. or 3 fitful acts or of any type or chat-aaer ar,i,sing out of the Work done in iiiIf.rllntent of the terms of this Agreeenent or on account of any act, claim or amount ariSinj or recovered under workers' compcnsasioix law or arising out of the Failure of the Cnie1r to corttbnn to any statuics, or fijrance . r olalir+n, judicial d ci icn, or other law or court decree. The Ctantrnei r shall be fully re psrnsiblc and liable for any and all irtlai'gc. or damage raee.ived or svtuiiied by any Fe u. persr. ns. or Wo ery on accourtil of its per'fbrmanec under this .Agr+reiauent or its failure to c+ npIy with the provisions of the Agtx�cnent. It is agreed that the Cordractcw will be .iesronibk for primary loss inveatigEaiic'n. defenticand judgment costs where this c:,nrtract of irrd fianity applies. In corzsidcration of the award of this ntract, the CQntritnr agrees to waive all rim of wbrcagaxior, %ainst the C iirnt) its asa*uciaicd and/or t1iiliated entities- sumessoc ., or cosigns, its cfcetcd offic.ial . trustees, er plaa s, sgepts, and voiurxteers for losses rris r«, from the work per$ rnerI by the C'3antr aor for the icatrn[ . A Ihilure to cc rr ply with this provision shall result in C trot* !s right to arnruedi rt&fy krrmint to this ktiErrce4fi1�m. 15. Nnp.Assignment. Ciut w ur may not as sign or trunslcr this Arecincnt or any interact therein or claim thereunder. itho t the prior ' i'il n approval of C oonty. Any ammtz by C'�rnttwrvr to assign or transt,er its righit hereunder'ilhuut such prior appi-c* ,f by County shall, at the option of ('ivy, 22ul►aryl€ .ic;aily vrminale this Areeii and all rkzts of CinimctrrM +hesetrndc. Such consent may be granted or denic l at the sole and ab-A tc diuri tiori of f tirurrt? . 16. Examination of .Reeurds. To the extent mquirecl by law, the C'nlnLr tc r agrees that any duly iuhorirccl rcpr `sc*iitative of f �?unt� , including the Count, Aud1�or, shall have access to and the right to examirtc and audit any book*, t1tacr mcntc. papers and mcim b of (oniracror inti Ol ing all matters and/or t:°anaacc on r latccl to this Agreeinerit. The Contractor agrees to main#ain these documents for three years from the date of the last ptent rec ivcd. 17. 1ntcerriuptions, Ncitber party to this gmenlenr shall be liable to the other for in deliver or failure to deli •er or otherwi to pe.r rn any abliwatirn under this Aareernent, where such failure is due to any cause '1 ynnd its rrasunahle ..intrii1. includirt r but not limited to Acts of God, fires, s?rtk►ec. war, tlovd. a=A glrakes or Gov tomr*aui arik rtis, 18. Notiees. ourMir may designa1. prior to cc mtmcncement o1'wcs c, its pmjecr rep c Cctun i cprewmad a"t who shall make. within the scope of his or her authority, all neccss r, and proper drkisions with .fcmwc to the prtf'tcc'r" All qust for` nrrtract inte++prr tie ns- charge oithc , and other clarification or instructinn shall be directs to Criuni tepte nt t i c. All noiiccs or other om nicati +ns made by one party to the other cgncernh the terms and condititans of this contract shall be deemed dalired under the fciils inq ci umst ,nc : a) personal sr?rviee by a reputable c€wrier service requiring signatUFe for receipt; or b) five (5) days falllow•ing deliver • to the Linhed States Postal S rvioe. postage prepaid ndtlresscd to a party at the akIvcss set forth in this emirsct; or c) elketronic tiara rnis3io1 via email at the etddraEs set forth hcicawwhere a Mceipt or n xwled ment is mgcit:rcd by the sending party; or Either party may cirumu its notice ridrr;s(es) by voiit n notice to the other. Notice shall be sent to: Corr Name: Gary Shiror [tion: Pr hlcnt Addre. 2330 4a' Ave. Address; 2 reeler . CO. 80631 E -mil: Phone: g70.3i3-6964 1311. Name: Toby `AFLylac Pasiti�rn: Direi"tor Addrers; 1105 H Street Address, irceky. CO. 80632 L:-mailr Mlonle: 970-41181-202O 19. Cermpliraoce with Law. Cnn#r Lor shall _4 t�tIk comply with all appltcabl :1't+icral and State laws, rules and rii4�n. in effect or liar lies cstabiishrcl. ir7ckiding zvizlr�nt linliiaticln laws appii);aVc to r1iscrimiil�atiian and unfair uiploy ncnt rrarc ic-fi' 20. Naan.JExrfusivc i.tnQtarl, This i rrtnt is and Ci�ut+ty may eiazaE-e or use other (:ontructors or persons to pc rr rrin 4erv: fcc:c of the same or air !filar nature. 21. J ntire Agreement Mudificatioos, This a pt+<enict►t including the C,xJubii-sUtaachi d hereto and in tryriaoratet# hcmi:a�. tati:ithe entire agra ern nt between the pxnles with respcc to the sub, egt matter ct ntairaed in this A rerattierit. This instrt!Iucnt supersc J¢5 all prior Ite �j�;a li as. r sca tioti . and uor recuts with rc wvct to the .ul k .t matter ntairtcd in this A,greetparait. This Aar mcnt may be chanuayd or supplr�mcntcd only by a written itrgrumenl signcd by both ,parties, 22. Fund Availabilit . Finanei. i obligations of the oct.ni> lrayable after the current fiscal year are r oming�rn1 upon funds for that pu.rpo a baring t)ppropriated, budl;eted. and oihrr%lse made Kaauiiab1e. Exrcution of this Agxrerttenl by C'ow t does not create an uilxli !'ion on the part of C'tount.+ to expend funds not othcrwi a appropriated in each suecceding year. 23. Employe Financial laterestlCouflier of 1Dtere t — C.R.5, § 24-10-201 et seq. and §24- 50-507. The m ics to this Agreentcat agree that to their 3wokyledj . no npk' eof Weld County has any pearscrrral or b nellcial +nte.re t whatsua per in the arse or pr pertl which is the subject matter of this Aineensent, 24. Survival of Termination. The obligations of the parties under this Agre inr-}nt that by their nature would rntitinue b vrm& piration or tnninarizn ofthis Agreemsmt iina`ludinu w.tthcatu limitation_ the %atitsni �tion ob1i a2ia5 . u nfkJei iali4 . and record kcepirgl shall surv!• a any such e,pira.tiaan or zeaaninatign. 25. Sa�•v rabilit '. If any term or ndition of this A,,reer,ern shall be held to be inwilitJ_ iJk gal, or uneEtfbtreeblc by a court of ccatniaet t juri dit:bon, this Ag-ra_-ernent shall be constriIfd and eaaforced witbo t such isw.n. to the extent that this A gra crn ati is then carp bie of tear ui ILan within the Priyutal intent of the parties. 26. Governmental Imunudt?r. No term or arnuditi€m of this Agre .m rit shall be core trued or entr:rpraried as a wai;c.r. expre5 or irrrpliedof any of the intrnunitia:s, right% bcneiits, pru#ecxEcr4ts. or other pr icio3a1s, of the C viletr st (mil In trttiuti[ ' Act t§24-10-101 et seq., as aappli+~N c now or hc*raraaticr wiwntied 27. No TIiir4-Party Aeneti iary. It is cpa sJy and ttgr cd that the r►#arcrent of the terms and candir-iorts ofthis Agreemitent. and all riAh% of action relcttin, to such ctrtoa car aa't, shall be ,Lrie tl reserved to the uodcrNig€reLt paetks and nt hirtgg in this Agreerneilt shall give or allow any claim or right of action'whalsoovei' by any other person not included in this Agrccn n•t. It is the crc&,s irltarnKia n of the dtzul+e,rsi .aaed j rtr s that any ent;t) other than the uaa r�i, ja► parties rev civ into serves or J cnefits under this Agmemet�G shall been incidental betickziaay only. 28. Board of County Comaniisxiuners of Weld County Approval. This Agri. rent shall not be valid until it has been tpprod by the Board of Crwaft sataa a}tis ien erof Weld C. s�un1 C"olkaatlk or its 1.net. 29. Choice of Law/duribdictiou. C tiiic 7aclo law, and rules and cu[atson ctablished pzu i unt therelp, shall be applied in the iirlcrprLtation., i;x uiirxit; and enforcer i nt of this Atreemeni. Any provision included or crrrturralcd herein by riefereiwwhich ccrn flirts with said laws, rules and/or r+e ilation.s shall be null and void. In the event of a legal dispute betwcn the panes. Contrscw agrees that the Weld Ccluni District Court shall have er lasGvejtirisdiezlRito res+�lve said rihspote. 30. Public Cuutracta for Sr ivies C'.;R.S. §S -17,E -lot. Voni"arlor lifies. warrants. and agrees that it does not knowingly employ or contract with an iIiegal alien who will perform work under this . givei�7enr. Ceiizriictrr will ronfrrn the , rrtip(vumei7t iibiIty of all upIoets who are i7ev l�r hired for cmpinyrxrent in the Uiiitcd States to ,perform work under this Agmement, throurglh pa 1i ipat'iari in the E-Vrrify pr►�gram of the State of Colrrado program established pL:rsuant to C.R.S. §8-17.5-1112 5) ). Contract�ir shall not knowingly cmploy or contract with an ille ,al alien to perf rm work under this Agrcetxrc+t or enter into a .nrttrsct with a !ubeo�7tm+ for that fails to ce i.ty with C4rntracior that the :bcantraetur• shall not kuc a ingly cinpfky or ContrCt with an a tkvti alien to prrforni work under this ,Agrenxent- Contruraor shall not use E-Veelr' Prim or State of Colorado program pr +arcs to undertake pre-Iuployment scr-cuing or job applieatits while this A'reeruent is being per,rorwneda If Conirisctor chtans actual knowledge that a subet�ntractcr eIiruiing work under this Aprecrncit[ known ly cmpl+�y5 or contracts with an illc ti alien Contrictc'r shall notify the subcontractor and (un1y within three (3) days that Contractor has actual knowledge that a subeomtractoc is cmployin8 or contr ictiizr with an illegal alien and shall terminate the si,bccntract if a .subconu' vt r does not sop t inployinn or wonf.rteting with the ilJegil alien within three (3) days of ceivhig attire. Ca itrav r shall not ten7711tatc the contra if within three days the 5Lihvontracitar Jar. w+des iufortnation to establish that the s,ubcontmct�ar has not k it3+wiFig± employed or cotitra.cted with an illegal alien. Contractor shall damply with reajnuhle request: made in the course of an igatinrt_ widcntaken pursuant to C.R.S. §8-17.5-iti2(A). by the Colorado Department of Labor and Empkyueat. If Contractor participati?5 in the State of Colorado pro,gram. C rLtr a for shall, within twenty days after hiring; a new employee to partorm work under the contract, affirm that Conrnctor has examined the legal work status of such mp1n v-Ae,, retsiincd file copies of the d cu nts. and not altcred or Oil filled the identi.fcatirrn docamcnts for such iploy es. Contr' tur shall deliver to Coui3Cy, a wwritt n notarized nffirmatlon that it has exarnirred the legal work status of such cn]plo5te and shall comply with all the other rquirenrenig of the State of Co$ r v prgrwn. If Cfails to comply with any rquir i7tent of this pro.i;iitn or of C,R.S, §8-17.5-101 et seq., C€runt . may tenninatc this Agrcer,will for breach. and if so tcnttinaicd. Clrtrett,r shall be liable for actual and co►queallal ddmiges, l?ccept where ctccmpted by federal law and exvept as pr videal in C.R.S. § 24-76.5-U}33) if Contactor irei:ci acs %:decal or state funds under the cvntriu:x. C'nntrsctcr must comliriti that any individual n t+rril perurrti ei gh i3 (18) years of age or older is lave #ully pr : nt. in the iJnivd States pursuant to C.I - S= § 24-76.5-103(4), if such individutil appii s for pkublie bencfts ptv lde+3 under the contract. If C'rrntrair operate« as a sole psoprictor, it hersby swears or sf1ir-mrs under pci,alt� of pLiy that it: (a) is a citizen of the Uttitcd States or is other+vi:e lvo&R lli pre.xit'tit in the t�uited States uant to fr:ds;rsl law, (b) shall prtuiuct one of the forms of ideriti.1iettirr7 reguined by C.R.S. § 24-76.5-101, et seq., and (c) shall product: one of the forms of idcnitficratiorr wquircci by C.R.S. § 24-76.5-103 prior to the date of the ci�,ntmct 31. Public Coutracia for Ser0ces -I . - §$-17-101, For pribli� ntrncts in excess of 'MOO ND aimnually or for public c•c ntrnci for road or bridge cranstructic3n in excess of $50.000. ( iu for zertif es. wawws, and agrees that Colorado labor shall be r`mploycd to re&irin at least ei�hu pert-cnt of the work under this +E. anttaca. •'t'lorain labor" means any person who is a rvideat of the state of Cnk radr at the time of the public works prr3icct, who can pro' ldc a valid Itrad dri+'license, a valid Colt+�adtc-ud ,ph +tic idordc +merit lkn that he or she has resided in Coto do for the last thank days. The deity, in its sole dicrLtzrn. may waive the eighty pereerrt k quirement if there is re isc?nable cr.-id r+cc to den3nnstrute ins crff cicat ('tondo labor is available to pert'orm the work, and this recuire,nen[ would create an undue burden that would pub }ball prev t the work from pet trdin , to complxtion- [This . ecrimr shall not apply to an rmj2ttt which £ tmkd In whole or in part with f S.St rl fien s, or where 0111V1,16rr• rr rrlrar to ederallaw. In evrdlwciwith C.RS j817--107 and2CF.R,}�200.319(c), this section shall not oppl if the Work is f coded hr�Iir- or in part iw itls 1ec rive-fxrnds-j 32. Affornr `s .Pees/Legal Costs. In the event of a Deli -pate ben -v n Count and Ct rnractcr. i &.cming this Agreetne'tt: the parries agree that each party shall be xspPrsab1Q for the payment of attorrr y fees and'or legal costs incurrl by or on its own behsl i'. 33. Binding Arbitration Prohibited: Weld (rty does not agree to binding *ubftrstion by any eattra jutlirricxl body or pc;r rm. Any pr in n to the Zomin this Agreccnent or'irrcorporaictl herein by ref r°eric:r shall be null and void. Acknowledgment. C£n ty and Contractor acknowledge~ that each has read this 4, reemerrt uf3dcr,5tnnr{s it and agrees to be bound by its terms. Both p rt.iiz,, .fitrrther agree that this A, recincill, with the ailciched Exhibits A and B, is the complete and rive statcr�aerat ofa, rcame1►t bet��;r. rc the pariacs and supers d all propossl or prior nUmmentss oral or k rinser, and any other comer uni�^ins berweeal the parties ral�t++ng to the suI js t matter n.t ihis Arctnacnt Ct NTRAC lOR: Growl1n BcJo,lnc. By-�` Title:______ se - 1• Date of $m an i arc: WELD COUNTY: ATTEST: Weld BY: S Deputy Clerk BOARD OF COUNTY COMMISSIONERS WELICCOUNTY, COLORADO I aoz2-O0/9 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150O STREET GREELEY, CO 80631 DATE: NOVEMBER 18, 2021 BID NUMBER: B2100150 DESCRIPTION: HEALTH DEPARTMENT BUILDING SECURITY WINDOWS DEPARTMENT: FACILITIES PRE -BID CONFERENCE: NOVEMBER 30, 2021 BID OPENING: DECEMBER 10, 2021 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller (collectively referred to herein as, "Weld County"), wishes to purchase the following: HEALTH DEPARTMENT BUILDING SECURITY WINDOWS A mandatory pre -bid conference will be held on November 30, 2021 at 9:00 AM at the Weld County Health Department, 1555 N 17th Avenue, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received for the above stated merchandise, equipment, and/or services up to, but not later than: December 10, 2021 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on December 10, 2021 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, St. Wain Meeting Room, 1150O Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 475165283 PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION. FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 -8 MAYBE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 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. 1. Email. Emailed bids are required. Bids may be emailed to bids6a weldgov.com. If your bid exceeds 25MB please upload your bid to https://www.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: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970-400-4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. 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 BID REQUEST #B2100150 Page 2 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 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. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. BID REQUEST #82100150 Page 3 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 workerscompensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been BID REQUEST #B210015o Page 4 unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or BID REQUEST #62100150 Page 5 beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its 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. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void, V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: County's acceptance of the same, bid. The successful bidder ackno, a "change order" authorizing such employee, or by formal resolution the Weld County Code. Upon the successful bidder's successful completion of the service, and County agrees to pay an amount no greater than the amount of the accepted Nledges no payment in excess of that amount will be made by County unless additional payment has been specifically approved by the County's delegated of the Weld County Board of County Commissioners, as required pursuant to X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above - described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible forthe payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, BID REQUEST #B2100150 Page 6 maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. BID REQUEST #B2100150 Page 7 Proof of Insurance: County reserves the right to require the successful bidderto provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #62100150 Page 8 OVERVIEW: This bid is to provide and install security windows (glazing) at various locations in the building located at 1555 North 17th Avenue, Greeley, CO 80631. SPECIFICATIONS: 1. Provide and install storefront system from countertop to extend above finished ceiling. Window will have an open space at the bottom and just below the finished ceiling. These spaces shall be approximately 5" tall. Window system will need to be supported from structure above with bracing or a wall. Countertop will remain flat and smooth so that paperwork or other items can be slid through the opening. See pictures with building layout plans for similar installation. 2. Frames at lower -level windows shall extend to above suspended acoustical ceiling and be braced to structure above. Provide support legs at countertops as necessary. 3. Frames at upper -level windows shall attach to existing drywall framed walls. At upper -level windows, remove existing pleated blinds and provide new blinds at new frames. 4. Al) glass to be '/4" tempered. 5. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 6. Repair / replace any damaged ceilings that have been damaged due to installation of glazing systems. 7. Dispose of / recycle all trash off -site in a legal manner. 8. Payment and Performance bonds are required if the costs exceed $50,000.00. 9. Bidder is expected to enter into a standard County contract. 10. Based on a contract being ready by December 29, 2021, provide a start and completion date in the area below. 11. No bid bond is required for this project. 12. Davis -Bacon and Buy American requirements are NOT required Start date Completion date PRICE: Provide a price for the turn -key installation of security glazing systems. Total price for all glazing and frames $ BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on December 10 2021: 1. Completed page 9 of the Bid Specifications 2_ Completed page 10 of the Bid Specifications 3. Current W-9 4. Any future Addenda must be completed Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. BID REQUEST #B2100150 Page 9 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. #B2100150. 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. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TI SIGNATURE E-MAIL DA **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. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. ATTEST: Weld County Clerk to the Board BY; Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller rr- PM Mi ag First floor reception area. Stdiffont. window 'std with 5" .$p1ce at top and ' ' b'otto 1. r� a r !id Light fixture will need to be relocated at this :"ac don. .7i :: ('/7 1 • p. I. JF fj P � Second floor reception area. Storefront window system with 5" space at top and bottom. Examples • V1 L i so: HEALTH DEPARTMENT SECURITY WINDOWS Question & Answer B-2100150 1. Question: If we don't have to go above ceiling and can support from desk is that okay? Answer: If they are not supported at the top, they will not be rigid enough to be secure. Frames must be supported above grid. 2. Question: Expected no work to be done to drywall or need of paint for this project? Answer: If drywall or paint is damaged during construction, patching and touch up will be required by contractor. 3. Question: We can re -use the blinds on the second floor if do not get destroyed in the process of removing them? Answer: If the blinds are the correct size for the new frames and fit properly, they can be re- used. If not they will need to be replaced by contractor. 4. Question: Work can be performed during the day if we are quiet or is this strictly off hours? Answer: Work will need to be completed outside of normal business hours. Normal business hours are Monday through Friday (8 AM until 5 PM). Exhibit B Health Department Building Security Windows OVERVIEW: This bid is to provide and install security windows (glazing) at various locations in the building located at 1555 North 17th Avenue, Greeley, CO 80631. SPECIFICATIONS: 1. Provide and install storefront system from countertop to extend above finished ceiling. Window will have an open space at the bottom and just below the finished ceiling. These spaces shall be approximately 5" tall. Window system will need to be supported from structure above with bracing or a wall. Countertop will remain flat and smooth so that paperwork or other items can be slid through the opening. See pictures with building layout plans for similar installation. 2. Frames at lower -level windows shall extend to above suspended acoustical ceiling and be braced to structure above. Provide support legs at countertops as necessary. 3. Frames at upper -level windows shall attach to existing drywall framed walls. At upper -level windows, remove existing pleated blinds and provide new blinds at new frames. 4. All glass to be' " tempered. 5. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 6. Repair / replace any damaged ceilings that have been damaged due to installation of glazing systems. 7. Dispose of / recycle all trash off -site in a legal manner. 8. Payment and Performance bonds are required if the costs exceed $50,000.00. 9. Bidder is expected to enter into a standard County contract. 10. Based on a contract being ready by December 29, 2021, provide a start and completion date in the area below. 11. No bid bond is required for this project. 12. Davis -Bacon and Buy American requirements are NOT required Start date /21/22 Completion date 3/31/21 PRICE: Provide a price for the turn -key installation of security glazing systems. Total price for all glazing and frames$ 24,476.00 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 AM on December 10 2021: 1. Completed page 9 of the Bid Specifications 2. Completed page 10 of the Bid Specifications 3. Current W-9 4. Any future Addenda must be completed Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. BID REQUEST #62100150 Page 9 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. #B2100150. 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. The bid(s) may be awarded to more than one vendor. FIRM Growling Bear Co inc BUSINESS ADDRESS. 2330 4th Ave CITY, STATE, ZIP CODE Greeley, CO 80631 TELEPHONE NO 970.353.6964 FAX 970.353.6964 PRINTED NAME AND TIT Gary Shironaka, President SIGNATUR E-MAIL bid@growlingbear.com DATE 12/10/21 TAX ID # 84-0673636 **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. YOU DO NOT NEED TO SEND BACK PAGES 1 -8. ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller BID REQUEST #B2100150 Page 10 farm w-9 pow. Oclo�w 2014 r2rmiantol liil l�i+sin 1 1 Name 1.v ahoy S L WI Request for Taxpayer Identification Number and Certification hGoto an your iusom. tax retu it. nfrlp9 for Inseminations and the latest Information. on chic line; kiss not leave this One blank. name, i<dtrir rent from above 3 Check appropriate bar for ledad tax dneeicason of the person whose nuns Is amend an lost. Check only ens of the k*awkg seven boars. ❑ ins>3c+rfti.arraor6 Prupn! lv or 0 C Corporation ❑ S Corporation ❑ Part' ship O 1hatleatale syyra.•rno"ni Lift hive Form to the rtqueater. Do not send to the IRS. 4 xunrptlaa (cod6u 6PF*i only to ea taro entRies, not rnei"+dL . ue Instrudlare an peps 3I: burp gags coda pf semi ❑ United tEligr company. Ent& the tax akresifcation (C. 7 carparation. S-8 oarporarlone P=PWMcr ipl R Nader Check the eyrarcrulnlc box li the in above for the tax dsealtoatlan of the 6t 2!u.rntkobor owner. Do not chock Ewnniptin Warr FATCA nporlinp LLC lieu. LLC f• alasn•lhed es a a-niale-mznWr LLC Via! dmTrtmdsd tom the owner unlaw ihs owur ar the LLC Ia another LLC th h not drarspndsd Pram 'he nurser for U.B. tederel tea purpc.es 0therwtss, a r' z■mbo LLC fast sods M In dioru xrdsd From the carter should chuck the appropriate box for the tax daselllcatlon of No owner. Other We or name Enter your TIN In the pi ap"Iate box. The TIN provided must match the name given on Ins Ito avoid Goctul *arwrt member backup wilthhpldkrg Far ir4.riduais, Vile! generally your social security number (a'£Nl- However for a m resident elan, sole prapvt itmor , din grded hnluty, see the Instructions for Part 1. later. For other- entltiss, it Is your ernplayar idanti(icetlon number WIN). It you do not have a number, see How to get a TiN, later, or Note: lithe account Is In more thin one name, seethe irrtruiielnrc for Inc" Also see What Name and layer ldenflllrsiian stint s Abiriber To Give the fit"quesf tr for guiclOiles on whose number to enter. B 4- 0 6 713 6 9 6 Under pens(Ilss of perjury, I certify that: 1 The number shown on this form! my cons# to ,cry+ • idttntificadon number (or I am waiting for a number to be Issued to me); and 2.1 am not subisu to hal~kup withlKWing t*ta to I am cxsmp.,t from backup vrhhhotding. yr Ih) I have not been notified by the Internal Revenue Service (IRS) that I am ruhea1 To barIa p t ftzW.ir see rmull of a feiflure to report ail interest or dividends, or (c) the IRS has notified me that I em no longer sails t to backup rrithhc1cling' and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(p) entered an this form (If any) indlatuhg that I am exempt from FATCA reporting Is correct. Certification last rlaeltlarts. You must cross out Item 2 above if you have been notified by the IRS tivat you are Currently suubjject to backup wiil+hvJrlr"g because you have feud to Fugate alt interest and dMdends on your tea return. For rest estate SFhntsa�t.nne, item 2 dais rat ap4 For mortgage interest paid aegkir,',t'an or all nl nnmomi of secured property. anru {Iktlon of debt, writs hohont to an Indvidual retirement arrangement (Ruh), creel nwua idly, p rrnenta other than Internet and dividends, you are n flpJed to sign the I rr"thc tirsn. but you must provide your correct TIN. &ee the inaluck ;Qe Pavi'I. athr lU' I;fgn'aturoot 1.2/6121 Hero U... panic t7ate► General Instructions • Form 1099 -DIY Jci irlvnds, Including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise • Form 1QN-1ldM (varbus types of Income, prizes, swards. or gross noted. Future de"aikrpmontb. For the latest infOnnatlon about duvdulrFtrepts • Form 1090-B (stook or mutual fund sales and certain other related to Form W-9 and Its inatrucgix . as Jg€ti6lgi¢n enacted rrartaaativn by Grc4 ' after they were pubpkhed. go to RS'iWr•-n+. r {iF r► W9 ■ Form J 099-S ([seals from reek estate (rd!t33ctkns;� Purpose of Form • Form 1009-K tAna lu rte card and thud party network bunaa6Ticrrni Mi Individual or r ntitt (Form W.9 rq, tar) who Ia required to file an • Form 1098 (home mmtto.ge interest), 1098-E (student Icon interes), bufonaallon rstucn ►tl, the IRS must obtain your correct taxpayer : 09&T (Iultlan) Jtleltdlrceeati number (1114 which may be your social $ecwkq number • Farm 1099-C (canceled debt) (S%h4, lndMduu taxpayer idantifrssltion number (fl(j, adapliiw, taxtuurcr I,denflllcnhssrt number (ATII . or employer Idco ectic'si number • ram 1098-A��cqurrdlvn a abruadartmnrut of secured property) 71VJ, ra report an an Irhi>3rrrralion rehs'n the amour l Paid to j ot,, o; other Use Farm W-0 only If you are a U.S. person (Including a ruaiderd amount repnui.aklo on an information return. 4 Rntul•i of IITlur'Tl0lian alley, to provide your convert TIN. returns iflated.. but am not limited to, the following. if you do not return Foam W-9 to the r Pquearer with a 71:4, you might • Form 1099-INT (nterest earned or paid) be subject to backup vrfrofcfiop See'Ah4t l backup w Iicldi . !laser. tali :J�, 1Gts" rzi,n,- f^9'F.tr. ,�CbA'i CERTIFICATE OF LIABILITY INSURANCE OATR IORMo YYYY) 1211 1 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. IMPORTANtt If the certificate holder is an ADDITIONAL INSURED, the pollcy(Ia) must have ADnmONAL INSURED provision orbs endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certein policies Wray require en endorsement A statement on this certificate doss not confer fights to the certificate holder In Lieu of such endorsemsnlf(e). PRODUCER Flood and Peterson PO Boot 578 Greeley. CO 00832 !j°1 16tierle Love, CIC, CISR NE , (970) 508.3215 1 & . (870) 506-6065 Ao: VLoveaFloodPetsreon.Dom INSU AFPORDINO COMFIAGE NAIL C IlllauA . The Continental Insurance Company 35288 INSURED Growling Beer Co., Inc. 2330 4th Avenue Greeley. CO 80631 INsupER s : Continental Casualty Company 20443 IN URER c, Pinnacal Assurance 41190 INSURER D . Berkley Assurance Company 39462 NRURER E, INSURER F : COVERAGES CERTIFICATE NUMBER: 2021 -2022 REVISION NUMBER! THIS IS TO CERTIFY THAI 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 INSURANCEAFFORDED 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. LTR TYPE OF INSURANCE POLICY NUMBER wa10 IJMITa COBEDTQALGENERALIJABLLIfY CurMSMADE ® OCCUR EACHACCURRENCE 1,030,000 aMNJO TO RENTED EQ �� b 100,000 VIED EXP { o,w 5 15,000 -i --Y PEReONALJLADVINJURY ZI 1,000,000 A 02095216232 07101/2021 07/0112022 GEN'LAGORECATE LIMrrAPP12I:.ePER POLICY IIg JECT o LOU, GENFRALAGGREGATE 5 2,000,030 PR=JXrS-GOMRVPAGG a 2,000,000 e UTHEA: AUTOMOBILE LIABILITY B BILE LIMA B 1.000,000 BODILY IN URY (Pr Pruon) I ANYAU 0 A T4 0 9CHEDULZO AUTOS ONLY 4 AUTOS AIsrR1R Y TO8 CINLLYY 02005216246 0710112021 07101/2022 BO OILY IAL1URY(Puruoddwlp 5 pr P e UMBRELLA LNB OCCUR EACH OCCURRENCE $ 5,000,000 AGGR Tr: a 5,000,000 B EWESULIAB CLAHMs oe C2095210229 0710112021 07/0112022 DED _l)( RETENTION A 10,000 a C wURIM $ UDMPBJSAT1CN AND EMPLOYERS LIABILITY ANY PRO"PIFTORRARTNER/ERECURVE Y[ 4 OFFlCER11ArMBERErOWDE4T LJ (Ma rdlem Nrhi Ma�qi, draclprundw pEBGRIPTIONOFOPERATIONSbNay NIA Y 1438910 071012021 0710112022 PER T I�fl+ TA'r',TrE ER ELEACHACOIDENT 3 1'_a' 000 EL DISEASE- M EMPLOYES 1.000,040 E.L. ENSEASS POLICY LIMIT a 1,000,000 D PolluBunrPrafeaelionel InstallaalfonIBugders Risk PCXB50089780710130864?49822 07/01/2021 07101/2022 Umit t limit 32.090,000 13,850.000 DESCRIPTION OF OPERATIONS r LOCATIQWL r VEH1C .Ei 4ACORD 101, Addreond Remrlu edud.M, mop be ldfeeh.d lm opoe In nqubud) RE: Heellh Department Bulldilg Security Windows Praleot t Nld County Colorado Its elected officials, and its emplaymBs are included as Additional In3Llrad as re�jmred by written contract but any at respects to liab4lty wising cat of work per%armad by the named Insured. The coverage is p nro'y end non.oc s1bibulory to any other valid and/or collectible Insurance to the MlEatetnnt the taw allows ow policy tears end conditiors. 111cIver of wbrn align applies. Vlleid County Colorado Board of Cotnty C mmiaaionere 1105 H Street Greeley CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORQANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1f11988 -2016 ACORD CORPORATION. All rights reserved. ACORD 25(2011/03) The ACORD name and logo arc registered marks of ACORD CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily Injury, property damage or personal and advertising Injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily Injury or property damage included In the products -completed operations hazard, and only It 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037: or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by laity, then paragraph 1. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily Injury, property damage or personal and advertising Injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of Insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily Injury, property damage, or personal and advertising Injury arising out oF. A. the rendering of, or the failure to render, any professional ardiitactural. engineering, or surveying services, including: ■ 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, sumre+ys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part, V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75Q7M (10.163 i airey tIo 5495216212 Page 1 oft Endorsement No: 6 THMSPORTATiON INSURANCE COMPANY Effective Date: 07/01/2021 Insured Name: GROWLING BEAR, INC Copyright CNA NI Rights Reuned. Induda capydghted mebdel d Insurance 5srvicuu OMIn. Inc.. wrh ib pwrrixicn. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 2095216232 Page 2 of 2 Endorsement No: 6 TRANSPORTATION INSURANCE COMPANY Effective Date: 07/01/2021 Insured Name: GROWLING BEAR, INC Copyright CNA NI Rights Reserved. Indudes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement' This endorsement modifies insurance provided under the hallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Q nizatton: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVER'PISING INJURY GIVING RISE TO THE CLAIM. (information renqutrod to complete this St*edule, If not shown above, will be shown in the Dedarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition or the following: WRh respect to the person or organization shown In the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or arganizetion because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operationa or your work included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsernent, which forms a part of and is for attachment to the Policy issued by the deaigneted Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA7 00OXX (10`16) Policy No: 2095216232 Page 1 of I Endorsement No: 9 TRWSPORTATION INSL 'CE COMPANY Effective Date: 07/01/2021 Insured Name: GROWLING BEAR, INC Copydpht CNA AI Rights Reesrvad. Includes eapyrigMsd rrreterlel d Insurance Servims Ollice, Inc., with its pen issim. New Contract Request Entity information Entity Name * Entity ID GROWLING BEAR COMPANY, INC 000001753 Contract Nome HEALTH DEPARTMENT SECURITY WINDOWS Contract Status CTB REVIEW Contract Descrlption'� SECURITY WINDOWS Contract oe3Qipnon 2 Contract Type CONTRACT BUILDINGS AND GROUNDS Amount* Deportment Email $24,476.00 CM- BulldingGrouunds@weldgov.c Renewable' oar NO Dagfardraerit Head Email Auaoma&Renewal CM-BulldingGraunds- DeptHeaddiweldgov.com Grant County Atlonmy GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYOWELDG OV.COM If this is a renewal enter previous Contract 1D If this is part of a MSA enter MM Contract 1O ❑ Mew Entity? Contract ID 5464 Contract Lead* SGEESAMAN Contract Lead Email sgeesamanco.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Requested i1DCC Agenda Due Date Date' 12 18/2021 12 22 2021 Will a work session with BOCC be regiaired7* NO Does Contract require P is 'chasing Dept. to be included? YES PId/RFP #* 62100150 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' Renewal Date 04/(• 2022 Tenninatlon NOilce Period Counotted Delivery e E Irudon 0ne* 04131 2022 Contact Information Contact Info Conte t Name Purchasing Pmdusing Approver ROB TURF Approval Process Department Head TOBY TAYLOR OH Approved Date 12 15 2021 Final Approval BOCC Approved 11OCC Signed Date BOCC Agenda Date 01103 2022 cwk motor SGEESAMAN Contact Phone 7 Contact Phone 2 P urdiasing Approved Date 12 28/2021 Finance Approver CHRIS D'OVIDIO Finance Approved Mate 12 15`2021 Tyler Ref # AG 010322 ixgal oounsd BOB CHOATE Legal counsel Approved Date 12 1612021 Hello