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Home My WebLink About20222963.tiffOctober 17, 2022 0.0n4mc+ "-DO #* CP" Co FACILITIES DEPARTMENT PHONE: (970) 400-2023 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Shooting Range Fiddle Tables (B2200143) As advertised this bid is for the construction of the shooting range fiddle tables. The low bid is from Kilgore Construction and meets specifications. Therefore, the Facilities Department is recommending the award to Kilgore Construction in the amount of $23,465.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 1O (94 /SD Vx-16.0-C O1024/-1 2022-2963 AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & KILGORE CONSTRUCTION SHOOTING RANGE FIDDLE TABLES PROJECT h THIS AGREEMENT is made and entered into this a`1 day of Q e+e bar , -2022, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department, hereinafter referred to as "County," and Kilgore Construction, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2200143. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 0,240 -02943 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Facilities Department or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $23,465.00, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person; $1,000,000 for bodily injury for each accident; and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Mike Kilgore Position: Owner Address: 38 Jessup Street Address: Brighton, CO. 80601 E-mail: mkilgore9l@yahoo.com Phone: 303-637-0356 County: Name: Toby Taylor Position: Facilities Director Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@weldgov.com Phone: 970-400-2021 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of this project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 32. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: .'t<c . 0 Title: Oww/10tr� WELD CO ATTEST: ; r, Weld • lerk to the BY: Deputy Clerk to . Board fo-►'I-22 Date of Signature BO OF COUNTY COMMISSIONERS COUNTY, COLORADO James, Chair 0CT 2 4 2022 1oaaa -�9 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: SEPTEMBER 16, 2022 BID NUMBER: B2200143 DESCRIPTION: SHOOTING RANGE FIDDLE TABLES DEPARTMENT: FACILITIES MANDATORY PRE -BID CONFERENCE DATE: SEPTEMBER 30, 2022 BID OPENING DATE: OCTOBER 14, 2022 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: SHOOTING RANGE FIDDLE TABLES A mandatory pre -bid conference will be held on September 30, 2022 at 9:00 AM at the Weld County Shooting Range located at 58336 County Road 23, Carr, CO 80612. Meet in the parking lot east of the shooting range classroom. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: October 14, 2022 at 10:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on October 14, 2022 at 10:30 AM. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, Fort St. Vrain Meeting Room, 1150 O Street, Greeley, CO 80631. Phone number: 720-439-5261 Phone Conference ID: 501 644 308# PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAINS GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 - 8 MAY BE 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. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Delivery to Weld County: 1. Emailed bids are required. Email bids to bids�c'�iweldgov.com; however, if your bid exceeds 25MB please upload your bid to https://vvww.bidnetdirect.com. The maximum file size to upload to BidNet Direct 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 your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions. INCTRI IrTIfNC Tfl RInnERC; INTRlfI If:Tf1RY INFfRMATIf1N Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records. printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. BID REQUEST #B2200143 Page 2 4. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of BID REQUEST #B2200143 Page 3 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 anytime without notice upon a material breach of the terms of the Agreement M Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder N Subcontractors The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors O Warranty The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty BID REQUEST #62200143 Page 4 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 — CRS §§24-18-201 et seq and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement, County has \no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its 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 1 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 ), BID REQUEST #B2200143 Page 5 V Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee W Compensation Amount Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than 'the amount of the accepted bid The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code X Taxes County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County 6 INSURANCE REQUIREMENTS General Requirements Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A M Best Company as "A" VIII or better Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller by certified mail, return receipt requested Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder Successful bidder shall be responsible for the payment of any deductible or self -insured retention County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement Any modification to these requirements must be made in writing by Weld County The successful bidder stipulates that it has met the insurance requirements identified herein The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful' bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies INDEMNITY The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of, the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any BID REQUEST #B2200143 Page 6 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 nghts\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 Proof of Insurance County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured Waiver of Subrogation. For all coverages, Successful bidder's insurer shall waive subrogation rights against County Subcontractors All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub - vendors suppliers or other entities upon, request by the County BID REQUEST #B2200143 Page 7 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 #62200143 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING• Shooting Range Fiddle Tables PROJECT OVERVIEW: Weld County is seeking lump sum turn -key bids, for the procurement and installation of three (3) fiddle tables at the Weld County Shooting Range located at 58336 County Road 23, Carr, CO 80612 METHOD OF PROCUREMENT: Request for Bid (RFB) is a procurement method often referred to as a sealed bid solicitation When issued, the bid package is considered complete for bidding purposes Responsiveness to the solicitation's terms and conditions ale required Incomplete or non -responsive bids will be eliminated from consideration Low pi ice is the key consideration by Weld County in awarding an RFB the contract PROJECT SCOPE: The scope of this project is for the complete procurement and installation of the specified fiddle tables for the Weld County Sherriff's Office Shooting Range This will include all scopes outlined in the provided documents as well as all other associated scopes needed to build out the new fiddle tables as designed Project documents and specifications have been provided per the following attachments to this bid a Attachment A Fiddle Table Design a Attachment B Fiddle Table Locations 1 Contractor will be responsible for procuring and executing all scopes of work as outlined and specified in the projects contract documents that have been provided during this bid request per the attachments outlined above This will include but not limited to all associated labor, materials, and equipment It is the contractor's responsibility at the time of bid submission to ensure that all project specifications and requirements have been included per the project documents provided 2 This scope of work will be performed either before or after completion of the shooting range Regardless, this scope of work will need to be coordinated with the contractor, Weld County Facilities Department, and the Sheriff's Office to obtain access and confirming hours of operation 3 The existing facility and site is a new build for the County The contractor awarded to this project will need to minimize damages to existing finishes and replacing like for like materials adjacent to fiddle table footprints If there are any conditions that differ from the provided documents, it is the contractor's responsibility to immediately notify the County project manager PROJECT SPECIFIC TERMS AND CONDITIONS: 1 All data sheets and/or materials will need to be provided to the County project manager for review and approval no later than thirty (30) days after contract execution 2 Project drawings are diagrammatic and show general design intent, arrangement, and general extent of systems They are not to be used as shop drawings 3 Contractor to provide pressure treated lumber for dimensional wood and galvanized steel for steel posts, connections, and hardware Coated screws to be used for all wood -to -wood connections 4 All site utilities must be located prior to any drilling 5 55 Gallon clearing barrels to be welded on a fixed frame at a 45 -degree angle Clearing barrels to have exterior paint grade applied prior to installation 6 Grading to be replaced to match existing grades and to provide positive flow away from the fiddle tables BID REQUEST #B2200143 Page 9 7 Any additional work or scope that may be needed must be submitted to the County project manager in writing and approved before any work is to be started If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays 8 Any clarification or information needed from the contractor must be submitted through a Request for Information (RFI) for response It is the contractor's responsibility for tracking and maintaining all BFI's An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request 9 RF1's are only to be sent through the County project manager and RFI responses ::,ill be sent from the County project manager to the construction team Direct submissions to or responses from any other source will not be permitted If additional resources are needed to clarify or answer an RFI, the County project manager will coordinate as needed 10 Contractor and its representatives will need to coordinate with County representative for parking locations and stage of material Staging on new asphalt to be avoided 11 During the construction of these fiddle tables, the Sheriffs Office may be in full operation Some construction operations will be allowed during the day but mist be approved by the County in writing prior to any work commencing during normal operations 12 Contractor is responsible for all material handling and deliveries The contractor will be given a specific laydown area which will be available for materials, and equipment storage The contractor will work closely with the County project manager to schedule all deliveries Unscheduled deliveries that occur will be turned away until scheduled If material deliveries are not properly scheduled and must be turned away it is the contractor's responsibility to make up any lost time and bear any associated cost 13 The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal operations are not interrupted If at any time Weld County personnel or contractors have to clean or move materials or equipment that were not properly stored, the contractor will assume all associated cost 14 Contractor will be responsible to provide any temporary lighting or power that may be needed to complete the scope of work 15 Because of the nature or the area in which they will be working, the contractor will acknowledge that the flow and function of the Weld County Sheriffs staff, there may be times where the contractor will have to stop work momentarily to allow access or pathways PROJECT CLOSE OUT. 1 All manufacturer's warranty documentation as well as all equipment manuals will be provided after construction but prior to project close out 2 Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties 3 Contractor will host a Project Closeout Meeting with all contractors, design team, and Weld County personnel associated with this project WELD COUNTY STANDARD TERMS AND CONDITIONS: 1 All damages to building structure and finishes shall be repaired to original condition as a part of this contract 2 Project will be permitted through Weld County Fees for the Weld County Building Permit will be waived Any other fees associated with this project will be paid for by the contractor 3 Contractor is responsible for the coordination and scheduling of all inspections that are required for all scopes per the conditions of the Weld County Building Permit Please note that the Weld County Building Department does not complete inspections during off hours The contractor will be responsible for having a qualified representative on site for any inspection BID REQUEST #B2200143 Page 10 4 Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost Any damages occurred will be the contractor's responsibility to repair or replace 5 The projected contract date is expected to be November 14, 2022 Based on this date, provide expected start and finish dates for each phase of this project 6 Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements 7 No bid bond is required for this project 8 Bids over $50,000 will require a payment (100%) and performance (100%) bond 9 All trash and debris to be properly disposed of offsite Due to the space constraints of this project this will need to be done on a regular basis At no time will debris be allowed to accumulate 10 Weld County is a tax-exempt entity 11 Davis -Bacon and Buy American requirements are NOT required 12 Contractor will be required to enter into a standard Weld County contract for this service A standard Weld County contract is available through the Weld County Purchasing Department and is available for viewing upon request SCHEDULE: Contractor is responsible for providing and maintaining a full project schedule as well as a three (3) week look ahead schedule throughout the life of this project Contractor will have an updated project schedule available upon request 2 The contractor will host a weekly coordination meeting with all associated contractors and County representatives At this time, the contractor will provide the three (3) week look ahead schedule, as well as all applicable updates to the overall project schedule This will need to be submitted in person at the weekly meeting, as well as sent electronically to the County project manager and construction team Below is the anticipated schedule for this project Date of This Bid Advertisement Date Pre -Bid Conference Bid Questions are Due Bids are Due Bid Award Notice Contract Execution' Construction Start Construction Finish September 16, 2022 September 16, 2022 September 30, 2022 October 7, 2022 October 14, 2022 October 31, 2022 November 14, 2022 Immediately upon receipt of signed contract November 30, 2023 BID REQUEST #B2200143 Page 11 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being November 14, 2022 Construction Start Construction Finish TOTAL LUMP SUM COST BREAKOUT. DESCRIPTION LUMP SUM COST Fiddle Tables TOTAL LUMP SUM COST BID REQUEST #B2200143 Page 12 BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 10:00 AM on October 14, 2022: on or before the bid opening 1) Pages 9 thru 14 of the Bid Specifications. 2) W9, if applicable.* 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #62200143 Page 13 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid for Request No. #B2200143. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formai 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 TITLE SIGNATURE E-MAIL DATE **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: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Scott K. James, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller GS0922 BID REQUEST #B2200143 Page 14 GENERAL NOTES: 1. ALL MATERWS SHALL BE RATED AND GRADED FOR EXTERIOR USE AND GROUND CONTACT. 2. TREAT A11 CUT ENDS OF PRESSURE TREATED LUMBER COMPATIBLE PATH 0RIgNAL FACTORY TREA1MENf. 3, PROVIDE 3/T6" CAP BETWEEN TABLE TOP BOARDS FOR DRAINAGE, SLOPE TOP SLIGHTLY AWAY FROM THE RACK WALL, 4, PREDRILL ALL ANCHOR OR SCREW HOLES THAT ARE WITHIN 2" OF THE END OF 7HE LUMBER TD PREVEM SPLffTING. PT 2X8 - TABLE TOP CONNECT TO SVPPORT WITH (2) 3 7,- DECK SCREWS 2X4 - TABLE SUPPORT ONNECT TC WALL WtiH (}) 3 1/2' DECK SCREWS ""•`LIED STEEL FENCE POST IN b'R-4-0" CGNCREI FD S' LOTVRE WITi 2 HOLE GALVANIZED PIPE AND 3' LONG 3/8"0 GALVANIZED LAG BOLTS. CLEARING BARREL O FIT UNDER TABLE M'D INSTALLED BY OWNER PT 2X8 -' TABLE TGP CONNECT TG SUPPoRT WITH (2) ] 1/2' DECK SCREWS PT 2X4 - TABLE SUPPORTS A's REgUIRED ALONG SIDES AND FRONT. SLOPE SLIGHTLY TOWARDS FROM. CONNECT TO WALL WRH (}) 3 1/[" CECK SCREWS GRADE -AREA AROUNU FIDDLE TABLE SHALL BE CGVERED WITH GRAVEL WG S GRADE -AREA WITHIN '"LE TAN E SHAG' BE GRADED EARTH / SAND HEAW DJTV FENCE POST IN CONCRCiE BASE ATTACH TO STRUCTURE WITH 2 HOLE Gl.LVAN12ED P@I STRAP AND ]" LONG 3/b"0 GALVANi2E0 LAG BOLTS PROVIDE STRAPS Al' TOP/BOTTOM/EVERY 4TH TIMBER. CAIRN DESIGN fig �g��un¢oww.u, 6,,;�L�y �fvra 1805 Sheety Dave Fort 108 ns, CO 805?0 voice: (970)-286-7968 cairndesignlic corn A-1 PRI ^F>.IiY i,-;RKINGAREA \ oc i- SPACES OB B-6 _IFSECUR B S VIA SWITCH O 0CESS GATE TRANSFOMER PRIMARY FACILI ACCESS ROAD (ASPHALT) SECURE ACCESS GATE f #1 PIf< I_EACI1 FIELD OCELL Roao SE (:LA,Room 30' HIGH PRIMARY IMPACT BERM -#g s NCA R BARBED° DES DJ WIRE FENCE COVERED BRIEFING AREA 2o. x E o' COVERED BRIEFING AREA 2p' x Bo' STORA'GEB_DC RANGE PANEL rARE,Az'r.co' OVEi FDcR,E GENERAL NOTE: WORK NOTES: C^1 PRJJF:i:I� SHEET TITLE: ISSUE DATE: REVISIONS: PROJECT NO.: 2016 SHEET N0. El .1 Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Shooting Range Fiddle Tables PROJECT OVERVIEW: Weld County is seeking lump sum turn -key bids, for the procurement and installation of three (3) fiddle tables at the Weld County Shooting Range located at 58336 County Road 23, Carr, CO 80612. METHOD OF PROCUREMENT: Request for Bid (RFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation's terms and conditions are required. Incomplete or non -responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an RFB the contract. PROJECT SCOPE: The scope of this project is for the complete procurement and installation of the specified fiddle tables for the Weld County Sherriff's Office Shooting Range. This will include all scopes outlined in the provided documents as well as all other associated scopes needed to build out the new fiddle tables as designed. Project documents and specifications have been provided per the following attachments to this bid. • Attachment A: Fiddle Table Design • Attachment B: Fiddle Table Locations 1. Contractor will be responsible for procuring and executing all scopes of work as outlined and specified in the projects contract documents that have been provided during this bid request per the attachments outlined above. This will include but not limited to all associated labor, materials, and equipment. It is the contractor's responsibility at the time of bid submission to ensure that all project specifications and requirements have been included per the project documents provided. 2. This scope of work will be performed either before or after completion of the shooting range. Regardless, this scope of work will need to be coordinated with the contractor, Weld County Facilities Department, and the Sheriff's Office to obtain access and confirming hours of operation. 3. The existing facility and site is a new build for the County. The contractor awarded to this project will need to minimize damages to existing finishes and replacing like for like materials adjacent to fiddle table footprints. If there are any conditions that differ from the provided documents, it is the contractor's responsibility to immediately notify the County project manager. PROJECT SPECIFIC TERMS AND CONDITIONS: 1. All data sheets and/or materials will need to be provided to the County project manager for review and approval no later than thirty (30) days after contract execution. 2. Project drawings are diagrammatic and show general design intent, arrangement, and general extent of systems. They are not to be used as shop drawings. 3. Contractor to provide pressure treated lumber for dimensional wood and galvanized steel for steel posts, connections, and hardware. Coated screws to be used for all wood -to -wood connections. 4. All site utilities must be located prior to any drilling. 5. 55 Gallon clearing barrels to be welded on a fixed frame at a 45 -degree angle. Clearing barrels to have exterior paint grade applied prior to installation. 6. Grading to be replaced to match existing grades and to provide positive flow away from the fiddle tables. BID REQUEST#82200143 Page 9 7. Any additional work or scope that may be needed must be submitted to the County project manager in writing and approved before any work is to be started. If the contractor does not submit in writing and receive written approval but starts any additional work, the contractor will be responsible for all associated cost and or schedule impacts/delays. 8. Any clarification or information needed from the contractor must be submitted through a Request for Information (RFI) for response. It is the contractor's responsibility for tracking and maintaining all RFI's. An RFI log must be maintained and kept by the contractor and available for review at the weekly coordination meeting or upon request. 9. RFI's are only to be sent through the County project manager and RFI responses will be sent from the County project manager to the construction team. Direct submissions to or responses from any other source will not be permitted. If additional resources are needed to clarify or answer an RFI, the County project manager will coordinate as needed. 10. Contractor and its representatives will need to coordinate with County representative for parking locations and stage of material. Staging on new asphalt to be avoided. 11. During the construction of these fiddle tables, the Sheriffs Office may be in full operation. Some construction operations will be allowed during the day but must be approved by the County in writing prior to any work commencing during normal operations. 12. Contractor is responsible for all material handling and deliveries. The contractor will be given a specific laydown area which will be available for materials, and equipment storage. The contractor will work closely with the County project manager to schedule all deliveries. Unscheduled deliveries that occur will be turned away until scheduled. If material deliveries are not properly scheduled and must be turned away it is the contractor's responsibility to make up any lost time and bear any associated cost. 13. The contractor is responsible for all daily cleanup and ensuring that all materials or equipment have been properly stored in the designated areas at the end of each shift to ensure normal operations are not interrupted. If at any time Weld County personnel or contractors have to clean or move materials or equipment that were not properly stored, the contractor will assume all associated cost. 14. Contractor will be responsible to provide any temporary lighting or power that may be needed to complete the scope of work. 15. Because of the nature or the area in which they will be working, the contractor will acknowledge that the flow and function of the Weld County Sheriff's staff, there may be times where the contractor will have to stop work momentarily to allow access or pathways. PROJECT CLOSE OUT: 1. All manufacturer's warranty documentation as well as all equipment manuals will be provided after construction but prior to project close out. 2. Contractor will provide a maintenance schedule for all systems and or equipment as required to maintain all warranties. 3. Contractor will host a Project Closeout Meeting with all contractors, design team, and Weld County personnel associated with this project. WELD COUNTY STANDARD TERMS AND CONDITIONS: 1. All damages to building structure and finishes shall be repaired to original condition as a part of this contract. 2. Project will be permitted through Weld County. Fees for the Weld County Building Permit will be waived. Any other fees associated with this project will be paid for by the contractor. 3. Contractor is responsible for the coordination and scheduling of all inspections that are required for all scopes per the conditions of the Weld County Building Permit. Please note that the Weld County Building Department does not complete inspections during off hours. The contractor will be responsible for having a qualified representative on site for any inspection. BID REQUEST #62200143 Page 10 4. Any temporary protection for flooring, walls, ceilings, furniture, or any other surface or equipment that could be damaged is the responsibility of the contractor to protect at their cost. Any damages occurred will be the contractor's responsibility to repair or replace. 5. The projected contract date is expected to be November 14, 2022. Based on this date, provide expected start and finish dates for each phase of this project. 6. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 7. No bid bond is required for this project. 8. Bids over $50,000 will require a payment (100%) and performance (100%) bond. 9. All trash and debris to be properly disposed of offsite. Due to the space constraints of this project this will need to be done on a regular basis. At no time will debris be allowed to accumulate. 10. Weld County is a tax-exempt entity. 11. Davis -Bacon and Buy American requirements are NOT required. 12. Contractor will be required to enter into a standard Weld County contract for this service. A standard Weld County contract is available through the Weld County Purchasing Department and is available for viewing upon request. SCHEDULE: 1. Contractor is responsible for providing and maintaining a full project schedule as well as a three (3) week look ahead schedule throughout the life of this project. Contractor will have an updated project schedule available upon request. 2. The contractor will host a weekly coordination meeting with all associated contractors and County representatives. At this time, the contractor will provide the three (3) week look ahead schedule, as well as all applicable updates to the overall project schedule. This will need to be submitted in person at the weekly meeting, as well as sent electronically to the County project manager and construction team. Below is the anticipated schedule for this project: Date of This Bid September 16, 2022 Advertisement Date September 16, 2022 Pre -Bid Conference September 30, 2022 Bid Questions are Due October 7, 2022 Bids are Due October 14, 2022 Bid Award Notice October 31, 2022 Contract Execution November 14, 2022 Construction Start Immediately upon receipt of signed contract Construction Finish November 30, 2023 BID REQUEST #B2200143 Page 11 PROPOSED DATES: Please provide proposed schedule dates with the expectation of contract execution being November 14, 2022. Construction Start A it 1-22. Construction Finish A) s ,s 14/ l i� ly-2.2. TOTAL LUMP SUM COST BREAKOUT: DESCRIPTION LUMP SUM COST Fiddle Tables 23. yCv5 00 TOTAL LUMP SUM COST 9-3 I-14,5es BID REQUEST #B2200143 Page 12 BID SWAM-ITAL. INSTRUCTIONS: The following items must be completed and submitted with your bid on or before the bid opening deadline of 10;00 AM on October 14, 2022: 1) Pages 9 thru 14 of the Bid Specifications. 2) W9, if applicable * 3) Any future Addenda must be completed. 4) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified. BID REQUEST #B2200143 Page 13 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the Request for Bid for Request No. #B2200143. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM k ( eta C LO✓j 1/ L-3 c.. 4. cw BUSINESS ADDRESS c 5f ►*�' %� CITY, STATE, ZIP CODE g t.. L cA Co TELEPHONE NO .50' 6.27 ( f., ‘ FAX TAX ID # PRINTED NAME TLE M. kr k, rt' OW.1r,J SIGNATURE 306 or E-MAIL r-1 ly.„. IC) II 1 on. c„, DATE IO_/LI'ZQQ **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: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Scott K. James, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller GS0922 BID REQUEST#B2200143 Page 14 COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT DIVISION OF WORKERS' COMPENSATION REJECTION OF COVERAGE BY PARTNERS AND SOLE PROPRIETORS PERFORMING CONSTRUCTION WORK ON CONSTRUCTION SITES I PART B - Sole Proprietor or Partner Questionnaire IMPORTANT: A separate Part B MUST be completed by every person listed in Part A. Sole Proprietor/Partner Name: Michael Ray Kilgore First Micklk 2. Tide (e.g. Sole Proprietor, General Partner, or Limited Partner) 4A. If Sole Proprietor. 4B. If Partner: 5. True Name of Business 6. Trade Name (if applicable) 7. Mailing Address Jr Last Suffix Sole Proprietor 3. Business Phone 3036370356 Date Business Started: Date Became Partner: Kilgore Construction Kilgore Construction 1-1999 38 Jessup St. Brighton Street or P.O. lien, tlnWSurte Co 80601 City State Zap 8. Mark ONE that Applies I hereby elect to reject workers' compensation insurance coverage based on C.R.S. § 8.41-404. By signing this form. you are acknowledging your rejection of all benefits under the Workers' Compensation Act. The election to reject workers' compensation insurance as a sole proprietor/ partner must be voluntary and cannot be a condition of your employment. O I hered my previously filed rejection of coverage. Sole Proprietor/Partner Sigaauoc 9. Notary Subscribed and sworn before me this VERIA M. DEXTER DUTTON NOT STATE NOTAARY ID t tiff COMMISS ON EXPIRES FEBRUARY 4. 2Dtti day of edt- / 7,. Nola blic In and for 4(141.4.1€4) County and (VA, • State. My commission expires C.R_S. Section 10-1-1246May states: 'lit is unlawful to knowingly provide robe, inarmpkaes or misleading facts or information to an insurance company for the purpose of defrandiug or attempting to defraud the company. Penalties may include imprisonment. fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance coaapaay who knowingly prmides false, incomplete or misleading facts or infonuation to a policyholder or claimant for the purpose of defending or attempting to defraud the policyholder or claimant with regard to a settkncat or award payable from irnairnucc proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies." .1.450toll Paler2of♦ ACCPRE) CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 10/17/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edemnify LLC 3145 E Chandler Blvd Ste 110-543 Phoenix AZ 85048 CONTACT Francine Perez NAME: PHONE (800) 620-4216 I FAX 800 503-0048 ADDREE-MAIL SS: francine@edemnify.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER : Atlantic Casualty Insurance Company 42846 INSURED Kilgore Construction 38 Jessup Street Brighton CO 80601 INSURER B INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CL2252542593 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TV LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MM/DD/Y; POLICY EXP (M M/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 1 CLAIMS -MADE X OCCUR Y Y L298000061-2 05/20/2022 05/20/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO a 60,o 305MISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL$ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY 0 PROT 0 LOC JEC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED _ AUTOS ONLY HIRED AUTOS ONLY SCHEDULED _ AUTOS NON -OWNED _ AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ElliANY PROPRIETOR/PARTNER/EXECUTIVE R/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A I STATUTE I I Err E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder additional insured as required by contract per attached AGL-176 06 19 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County ACCORDANCE WITH THE POLICY PROVISIONS. 1105 H Street AUTHORIZED REPRESENTATIVE Greeley CO 80631 %z,/X I' bra"^� V ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD tee and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CONTRACTOR ADDITIONAL INTERESTS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 2. Exclusions This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. AGL-176 06 19 Includes copyrighted material of ISO Properties, Inc. Page 1 of 4 Used with permission. All rsghts reserved. INSU ED COPY - - Page 5 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - PRIMARY AND NON-CONTRIBUTORY SCHEDULE Name Of Person Or Organization: Any person or organization with whom the insured has agreed within a written contract or written agreement; provided such written agreement is executed prior to the loss. A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability caused, in whole or in part, by your ongoing operations performed for that insured. B. This insurance is Primary and Non -Contributory, but only for the Additional Insured shown in the schedule and only for liability caused by the Insured's negligence for ongoing operations. C. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to " bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been AGL-176 06 19 completed; or (2) That portion of " your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Includes copyrighted material of ISO Properties, Inc. Page 2 of 4 Used with permission. All rights reserved. INSURED COPY - - Page 56 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SCHEDULE Name Of Person Or Organization: Any person or organization with whom the insured has agreed within a written contract to waive rights of recovery, provided such written agreement is executed prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT SCHEDULE Maximum Per Policy General Aggregate Limit: A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single construction project: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is -the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". AGL-176 06 19 $5,000,000 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. 5. The Maximum Per Policy General Aggregate Limit shown in the Schedule is the most we will pay for the sum of all Construction Project General Aggregate Limits and the General Aggregate Limit shown in the Declarations regardless of the number of: a. Insureds; Includes copyrighted material of ISO Properties, Inc. Page 3 of 4 Used with permission. All rights reserved. INSURED COPY - - Page 57 b. Claims made or "suits" brought; c. Persons or organizations making claims or bringing "suits"; or d. Construction projects. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single construction project: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - completed Operations Aggregate Limit, whichever is applicable; and AGL-176 06 19 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Includes copyrighted material of ISO Properties, Inc. Page 4 of 4 Used with permission. All rights reserved. INSURED COPY - - Page 58 CUSTOMER NUMBER: 1605428 RUN DATE: 10-17-22 RIPPY INSURANCE :NC 77.0 PAVTT TONS P-,.ACF BRIGHTON, CO P,06C1 WELD COUNTY BUILDING AND GROUNDS 1150 H ST GREELEY, CO 80631 Certificate Copy CI CWA021011 CERTIFICATE OF INSURANCE This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, Including any exclusions or conditions, regard- less of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Certificate Holder. WELD COUNTY BUILDING AND GROUNDS 1153 F. ST GREELEY, CO 80631 Named Insured: MICHAEL KILGORE 38 JESSU? ST BRIGHTON CO 80601-3039 Automobile Liability Insurer Name: Allstate Insurance Company Pdicv Number. 648790920 X 1 — Any Auto 2— Owned Autos Only 3— Owned Priv. Pass. Autos Only 4— Owned Autos Other Than Priv. Pass. Autos Only 5— Owned Autos Subject to No Fault 6— Owned Autos Subject to a Compulsory UM Law 7 — Spedfically Described Autos i 8— Hired Autos Only I 9— Non -owned Autos Only Policy Effective Date: 06-21-2022 Policy Expiration Date: 06-21-2023 Limits Of Insurance: $ 1,030,000 Combined Single Limit (each accident) BI Per Person BI Per Acddent Description of Operations/ LocationslVehides/EndorsementslSpedal Provisions PD Per Accident Interested Party Type: ADDITIONAL INSURED - 00816 This CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER. IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED, THE POLICY(IES) M UST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INSURED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Producer. RI?PY INSURANCE INC Authorized Representative. Date: 10-17-22 CI CW A02 10 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission Allstate Insurance Company Ced6cale Copy Page 1 of 1 Contract Form New. Contract Request Entity Information Entity Name* KILGORE CONSTRUCTION Contract Name* SHOOTING RANGE FIDDLE TABLES Contract Status CTB REVIEW Entity ID* g00038200 ❑ New Entity? Contract ID 6396 Contract Lead* SGEESAMAN Contract Lead Email sgeesarnart@co.weld.co.us Contract Description* CONSTRUCTION OF SEVERAL FIDDLE TABLES FOR THE SHOOTING RANGE Contract Description 2 Contract Type* CONTRACT Amount* $23,465.00 Renewable* NO Automatic Renewal Grant Icy► Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date* 10/22/2022 10/26/2022 Department Email CM- BuildingGrounds0weldgov.c am Department Head Email CM-BuildingGrounds- DeptHeadveldgay.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORN EY5WELDG OV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* 82200143 If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* 12/26/2022 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 12/26/2022 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date CHRISTIE PETERS 10/19/2022 Approval Process Department Head Finance Approver Legal Counsel TOBY TAYLOR CHERYL PATTELLI BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 10/18/2022 10/19;2022 10/19/2022 Final Approval BOCC Approved Tyler Ref # AG 102422 BOCC Signed Date BOCC Agenda Date 10/24/2022 Originator SGEESAMAN Hello