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Home My WebLink About20222477.tiffNY -IVe,e+- 11*-c.o3 L AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & EATON SALES & SERVICE AULT GRADER SHED FUEL STORAGE TANK PROJECT THIS AGREEMENT is made and entered into this tv day of Q04Q,✓. 2022, by and between the Board of Weld County Commissioners. on behalf of the Facilities Department. hereinafter referred to as -County." and Eaton Sales & Service. 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 lollosws: I. 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. 132200126. Exhibit 13 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 perlorming 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. Constni--103ndLa- ZOZ2-21-11-1 l0/(0/ZZ aetoozcl 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 front entering into Agreements which hind 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_ part' 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 he marked "DRAFT- INCOMPLETE.- if this Agreement is terminated by County. Contractor shall he compensated for. and such compensation shall be limited to. ( i ) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County: (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice. but which had not yet been approved for payment: and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County. Contractor shall have no claim of any kind whatsoever against the Count 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 he the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. ;\ccordingly. no claim that the Count has been unjustly enriched by any additional services. whether or not there is in fact any such unjust enrichment. shall he 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 lees 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. Airs 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 S37,500.00 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 he 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 mad, pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not he 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 tinder this Agreement after. nor shall any payments be trade 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. 201. 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. S. 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 he asithheld 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 ofthis 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 ofthe Work to he performed by the subcontractor. to be hound 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 he 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 reel 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. 24-72-2(11. 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 wider this Agreement or under the law generally. 13. Insurance. Contractor must secure. before the commencement of the Work, the follosyine 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 Iristtrance as required by state statute. covering all the Contractors 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. Conmtcrcial General Liability Ins trustee 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: 62.000.00(1 products and completed operations aggregate: $1,0(10.000 Personal Advertising injury: `50.000 any one tire: and $5.000 Medical payment per person. Medical operations coverage shall he provided for a minimum period of one (I) year follow in�g final acceptance. Automobile Liability: Contractor shall maintain limits of $1.000.000 for bodily injury per person: $1.0()0.000 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 F_v-ce.s.s 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 he written on an Occurrence form and shall he 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 elate 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 Contractors 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. "[he 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 arisirn.; 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 front 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: air 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 addresses) by written notice to the other. Notice shall be sent to: Contractor: Name: Shane Pierce Position: Division Mana�eer Address: 209 N. 2°`t Street Address: l .aSal le. CO. 80645 E-mail: shanep a eatonmetal.com Phone: 970-284-7942 County: Name: "Toby Taylor Position: Facilities Director Address: 1105 Ft Street Address: Greeley. CO 80632 E-mail: tailor a vveldgov.cons Phone: 970-40()-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 ne�.!otiations. representations, and understandings or agreements wills respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only b3.., 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 knots ledge. 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 ofthis 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 he 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 he 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 ti§'24- I0- I01 et seq.. as applicable now or hereafter amended. 27. No Third -Party Beneficiary, It is expressly understood and agreed that the enforcement of the terms and conditions ofthis Agreement. and all rights ofaction 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 he 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 lays. rules and/or regulations shall he 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 Slates 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. §0-I 7.5-102(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 F -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) clays 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. ti8-17.5-101 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 ofage 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 ofperjuiy 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 8500.000 annually, or for public contracts for road or bridge construction in excess of .850.000. 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 swho is a resident of the state of Colorado at the time of the public works project. who can provide a valid Colorado driver's license. a valid Colorado state -issued photo identification. or documentation that he or she has resided in Colorado for the last thirty days. The County. in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the ssork. and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. j This .section .shall not apply to any project which is firnded in whole or in pail with federal filnds, or where otherwise contrary to federal law. In accordance with ('. R..S. -1 7-107 and 2 C. f". R. 512(1().319(c). this section shall not apply if the Work is funded wholly or in part with federal funde. j 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 asVn 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 he null and void. Acknowledgment. County and Contractor acknowledge that each has read this Agreement. understands it and agrees to be hound 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: Eaton Sales & Service By: �I.tn�ti Name: Stcc. h v ? Title: —.0`7 �/ • r k� .c+. -r WELD COUNTY: ATTEST: /.�rAvo Weld C i tv Clerk to the Boa BY: Deputy Clerk tt Boa d I q. 7/i . 2,7 Date of Signature BO RD OF COUNTY COMMISSIONERS WE D C'Ol INITY. COLORADO Scott K. James. Chair 0CT 1 0 2022 ca,2.2- V7l Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: AUGUST 4, 2022 BID NUMBER: B2200126 DESCRIPTION: AULT GRADER SHED FUEL TANK DEPARTMENT: FACILITIES MANDATORY PRE -BID CONFERENCE DATE: AUGUST 10, 2022 BID OPENING DATE: AUGUST 24, 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: AULT GRADER SHED FUEL TANK A mandatory pre -bid conference will be held on August 1012022 at 10:00 AM at the Weld County Facilities Building located at 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: August 24, 2022 at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 24, 2022 at 11:30 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: 210 008 634 288 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. $id Delivery to Weld County: 1. Emailed bids are required. Email bids to bids@weldgov.com; however, if your bids exceeds 25MB please upload your bid to https://www.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. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative. followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an BID REQUEST #B2200126 Page 2 illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (C0RA), 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. BID REQUEST #B2200126 Page 3 C Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq , as applicable now or hereafter amended D Independent Contractor The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of Its agents or employees Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County E Compliance with Law. The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices F Choice of Law Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void G No Third -Party Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only H Attorney's Fees/Legal Costs. In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder 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 BID REQUEST #62200126 Page 4 L Termination County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement M Extension or Modification Any amendments or modifications to this agreement shall be in writing signed by both parties No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder N Subcontractors The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors O Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests 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 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 pnor 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 BID REQUEST #B2200126 Page 5 Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: 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 BID REQUEST #B2200126 Page 6 cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured. retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the 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 BID REQUEST #B2200126 Page 7 Automobile Liability Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid Proof of Insurance' County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion Additional Insureds For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured Waiver of Subrogation For all coverages, Successful bidder's insurer shall waive subrogation rights against County Subcontractors All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub - vendors suppliers or other entities upon request by the County The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement Those documents are specifically incorporated herein by this reference BID REQUEST #62200126 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING AULT GRADER SHED FUEL TANK This bid is for a new fuel tank at the Ault Grader Shed located at 41150 Tegan Ave , Ault, CO 80610 SPECIFICATIONS The bid will include the following 1 Contractor shall supply a fireguard UL2085 above ground 1,000 -gallon tank, and install the tank and all necessary equipment, to include, (tank sump, pumps, overfill valves, anti -siphon valves, spill container etc ) to ensure effective fuel storage and delivery 2 Contractor shall supply and install dispenser and emergency shut -offs at designated locations 3 Contractor shall install electrical on tank only 4 Contractor shall deliver the tank to the site and set in place 5 Contractor shall purge product lines & dispenser 6 Contractor is responsible for obtaining all permits Fees for permits obtained through Weld County will be waived All other permit fees shall be included in bid 7 Contractor shall assist with all permitting and notices to the Colorado State Division of Oil and Public Safety 8 Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements 9 All work is to be completed in a professional workmanship manner 10 Davis -Bacon and Buy American requirements are NOT required 11 Bids over $50,000 will require a payment and performance bond 12 Provide a total cost of turn -key fuel storage & delivery system and installation 13 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 Below is the anticipated schedule for this project Date of this Bid August 4, 2022 Advertisement Date August 4, 2022 Pre -bid conference August 10, 2022 Questions Due August 17, 2022 Bids Are Due August 24, 2022 Bid Award Notice September 7, 2022 Contract Execution September 21, 2022 Project Start Immediately upon receipt of signed contract Project completion October 31, 2022 PROPOSED DATES Please provide proposed start and completion dates for this project START DATE COMPLE l'ION DATE FEE Provide your Bid Lump Sum fee in space below TOTAL BID $ BID REQUEST #B2200126 Page 9 A mandatory pre -bid conference will be held on August 10, 2022, at 10:00 AM, at the Weld County Facilities Building located at 1105 H -Street, Greeley, Colorado. Bids will be received up to, but not later than August 24, 2022, at 11:00 AM (WELD COUNTY PURCHASING TIME CLOCK). BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 11:00 AM on August 24, 2022: on or before the bid opening 1) Pages 9 thru 11 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 #B2200126 Page 10 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. #B2200126. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying bid sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO PRINTED NAME AND TITLE SIGNATURE E-MAIL FAX TAX ID# DATE **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 GS0722 BID REQUEST #B2200126 Page 11 ADDENDUM#1 BID REQUEST NO. B2200126 AULT GRADER SHED FUEL TANK Page 1 currently reads: Bids will be received until: August 24, 2022 at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 24, 2022 at 11:30 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: 210 008 634 288 Change this to read: Bids will be received until: August 24. 2022 at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 24, 2022 at 11:30 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: 210 008 634 288 562 213 580 ***We need signed copy submitted with your bid. Thank you!*** Addendum received by: FIRM ADDRESS CITY AND STA'L'E BY EMAIL August 23, 2022 AULT GRADER SHED FUEL TANK PROJECT B2200126 Questions & Answers 1. Are we able to get copies of the site layout? Answer: Yes, it will be posted. 2. What electrical will be pre -installed? Answer: None, tanke installer responsible for pulling electrical from building/shed to fuel island for dispenser, pump and EPO etc. 3. Does the tank installer need to run conduit to the fuel island? Answer: 1" conduit is installed with pull string from shed to fuel island. Any additional conduit is the responsibility of the tank installer. 4. Will electrical be at the fuel island? If yes, what sort of power is being brought to that point? Answer: No. tank installer responsible to pull electrical from building/shed to fuel island. HAZARDOUS WIRING METHODS WORK NOTES S �a u+a,rrin�wee uenie rw mcwamruuo. umu�.uceuo fWwaANiL awKgFt4� hI?,inar,r�ll, alcwuu ruu�*eu.cV n u wear ,n ro Mu,rcu,e,vr <vna,oer�.�., a I Ill ill Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING AULT GRADER SIIEI) FUEL TANK I his bid is for a Hess fuel tank at the Ault (Bader Shed located at 41 150 1 even Ave Ault ( O 80610 SPEC 1FIC ATIONS I he hid w ill include the fmllow utg I C ontraclor shall supply a liicguaid /112085 above giound I 000 -gallon tank and install the tank and all neccssai} equipment to include (tank sump pumps overlill valves anti -siphon valves spill containci etc ) to ensri►e cf lcetive fuel storage and delivery 2 Contractor shall supply and install dispenser and emeigene) shut -ells at designated locations 3 ( ontraclor shall install electrical on tank only 4 C ontiactor shall deliver the tank to the sue and set in place 5 Contractor shall purge product lines & dispense' 6 Contractor is iesponsihlc loi obtaining all permits I ecs tot poi oils obtained through Weld ( mint} will he waived All odic' permit lees shall he included in bid 7 Contractoi shall assist with all permuting and notices to the Colorado Slate Division of Oil and Public Select 8 Work will comply with all applicable I cdeial Stale and local Taws oidnanees and icgulatory requirements 9 All work is to by completed in a professional workmanship manner 10 Davis -Bacon and Buy American rcquricments arc NO I tequucd II Bids over S50 0()0 will requite a payment and poi lotmance bond 12 Ploy ide a total cost of loin -key fuel stotagc & delivery system and installation 13 Contractor will he required to enter into a standard Weld Count} cone act lot this service A standard Weld County contract is available thiough the Weld County Purchasing Department and is mailable for v row inn upon request SCHEDULE Below is the anticipated schedule loi this piolect Date of this Bid August 4 2022 Advertisement Date August 4 2022 Pic -bid conference August III 2(122 Questions Due August 17 2022 Bids Are Due August 24 2022 Bid Award Notice September 7 2(122 C ontiact l_ceculion Septemhci 21 2022 Protect Start Inuncdratel} upon iecctpt of signed contract Project completion October 31 2022 PROPOSED DATES Please provide proposed stair and completion dates loot this protect SIARI DA11 ceS / 20.3'3 COMP11 l 1ON DA 11 friAr 3/ .202-3 FEF Provide }our Brd I limp Sum lee in space helm, 1O1,51 BID $ 37,SOO BID REQUEST #B2200126 Page 9 A mandatory pre -hid conference %s ill he held on ..\iigList 10, 21122, at 10:00 AM, at the \Nei(' €ourit� Facilities Building located at 1105 1 -1 -Street, Greeley, Colorado. Bids will he received up to, hut not later than August 24, 21122. pit 11:00 .A 11 (WEll) COUNTY PURCHASING TIME ('l.C)CK). BID SUBMITTAL INSTRUCTIONS: The following items must be completed and submitted with your bid deadline of 11:00 AM on August 24, 2022: on or before the bid opening 1) Pages 9 thru 11 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 #62200126 Page 10 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. #B2200126, 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 bicd(s) may be awarded to more than one vendor FIRM Ecdo4 &JLt& it cart BUSINESS id ADDRESS 2--09.� CITY, STATE ZIP CODE La ----5 4ee. go (a IFS TELEPHONE NO 97o2Pfr 742 FAX TAX ID # PRINTED NAME AND TITLE SIAM- e SIGNATURE vissio frilevvt-1- r E-MAIL Ste1/44 p a_ck_4•11O tot O1 ALP • (1.49 itrc DATE S1,-- **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 GS0722 Witda BID REQUEST #B2200126 Page 11 Form BSI -.9 (Rev November 2017) geparfinent of the Treasury Memel Revenue Service Request for Taxpayer identification Number and Certification ► Go to www les gov/FormW9 for Instructions and the latest information Give Form to the requester Do not send to the IRS. o C a o Nano (ueuiiu m on your Incamo tax return). Name Is required on this lino, do not leave this tine blank ESS Inc 2 Business name/disregarded entity name, If different from above Eaton Sales & Service LLC 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 Check only one of the following seven boxes ❑ Individual/sole proprietor or ❑ C Corporation ✓❑ S Corporation ❑ Partnership 0 Trust/estate single -member LLC 0 Limited liability company Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note. Check the appropriate box In the line above for the tax classification of the single -member owner Do not check LLC If the LLC le olasslfled as a single member LLC that Is disregarded from the owner unless the owner of the LLC la another LLC that Is not dleregarded from the owner for U S federal tax purposes Otherwise asingle-member LLC that b disregarded from the owner should check the eppropr a box for the tax classlFlcation of Its owner 0 Other (see Instructions) D 4 Exemptions (codes apply only to certain entitles, not Individuals, see Instructions on page 3) Exempt payee code (If any) Exemption from FATCA reporting code (If any) _ (Applle• io nccaunla mak, Wined ours!. fie U S 5 Address (number, street; and apt or suite no ) See Instructions 4803 York Street a City, state, and rip code Denver, CO 80216 7 List account number(s) hero (optional) Requesters name and address (optional) trall Taxpayer identification Number (TIN) Enter your TIN In the appropriate box The TIN provided must match the name given on line 1 to avoid backup withholding For Individuals, this is generally your social security number (SSN) However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later For other entities, It Is your employer identification number (EtN) If you do not have a number, see How to get a TIN, later Note If the account is in more than one name, see the instructions for line 1 Also see Whet Name and Number To Give the Requester for guidelines on whose number to enter MO Certification Under penalties of penury, I certify that 1 The number shown on thls form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2 I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report ail Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3 I am a U S citizen or other U S person (defined below), and 4 The FATCA code(s) entered on this form (if any) indicating that I em exempt from FATCA reporting is correct Certification Instructions You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have felled to report all Interest and dividends on your tax return For real estate transactions, Item 2 does not apply For mortgage Interest paid, acquisition or abandonment of secured property, cancellation, of debt, contributions to an Indvidual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN See the instructions (or Part II, later Sign I Signature�f _ _ Here US pars nl► _ _ General instructiocs� Social socunty number I I or I 1 Employer identification number 4 4 2 8 9 8 Section references are to the Internal Revenue Code unless otherwise noted, Future developments For the latest information about developments related to Form W-9 and Its Instructions, such as legislation enacted after they were published, go to www Ire gov/FormW9 Purpose of Form An Individual or entity (Form W-9 requester) who Is required to flle an Information return with the IRS must obtain your correct taxpayer Identification number' (TIN) which,may be your social security number (SSN), Individual taxpayer, Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer Identification number (EN), to report on an information return the amount paid to you, or other amount reportable on an Information return Examples of information returns Include, but are not limited to, the following / • Form 1099-INT (Interest earned or paid) Dater. / /1//(52 • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-S (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U S person (Including a resident alien), to provide your correct TIN Il you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding See What is backup withholding, later. Cat No 1o231X Form W-9 (Rev 11-2017) ADDENDU;N1#1 BID REQUEST NO. 132200126 AULT GRADER SIZED FUEL TANK Page 1 currently reads: Bids will be received until: August 24, 2022 at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 24, 2022 at 11:30 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: 210 008 634 288 Change this to read: Bids will be received until: August 24, 2022 at 11:00 AM (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 24, 2022 at 11:30 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: 2-10-008 634 288 562 213 580 ***We need signed copy submitted with your bid. Thank you!*** Addendum received by: FIRM tol 5t. ADDRESS CITY AND STATE BY EMAIL August 23, 2022 c? t ACC©R CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/WY1� 09/30/2022 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER STICO Mutual Insurance Company, RRG 155 N. Pfingsten Road, Suite 105 Deerfield, IL 60015 CONTACT NAME: (P(AAH//CNNo.Etd):847-253-5761 V. No): E41MIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL# INSURER A: STICO Mutual Insurance Company, RRG 10476 INSURED Eaton Sales & Service LLC 4800 York Street Denver, CO 8026 INSURER B : INSURER C: INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TIN TYPE OF INSURANCE IDDL S UBR NSD NND POLICY NUMBER (MMNDY/ EX (MANDI D/ yy)0. LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS -MADE E OCCUR X X 1-GLR000141-22 04/01/2022 04/01/2023 EACH OCCURRENCE $1, 000, 000 NTED PREtMISESAGE O(Ea Eoccurrence) $100, 000 MED EXP (Anyone person) $10, 000 PERSONAL&ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GENII. AGGREGATE LIMITAPPLIESPER: X POLICY JECT❑PRO ❑LOC OTHER: PRODUCTS- COMP/OP AGG $2,000,000 Professional $2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED _ AUTOS NONOWNED AUTOS COMBINED SINGLE LIMIT (Ea accidend $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accidenq $ A X UMBRELLA LWB EXCESS LIAB X OCCUR CLAIMS -MADE 1—UMB000018-22 04/01/2022 04/01/2023 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 $ DED I I RETENTION $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTI VE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA I 'OUT E I I OERH E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Contractor's Pollution 1-CER000080-22 04/01/2022 04/01/2023 $2,000,000 occ $2,000,00 agg DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Ault Grader Shed Fuel Tank. weld County, Colorado, its elected officials and its employees are included as additional insured on the General Liability policy where required by written contract. Insurance is primary and non-contributory on the General Liability and Umbrella Liability policies. CERTIFICATE HOLDER CANCELLATION Weld County, Colorado 1150 O Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Greeley, CO 80631 AUTHOWEDR REPRESENTATIVE E I ACORD 25 (2014/01) DS#2273440 ® 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: 1-GLR000141-22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION. This endorsement changes the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Name of Person or Organization: Weld County, Colorado, its elected officials and its employees Project: Ault Grader Shed Fuel Tank. (If no entry appears above, information needed to complete this endorsement will be shown in the Declarations part as applicable to this endorsement) A. Section II — Who is an Insured is modified to include as an insured the person or organization shown in the schedule above, but only with respect to liability for bodily injury , property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s)at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a written contract or agreement, the insurance afford to such additional insured will not be broader than that which you are required by the contract or agreement provide for such additional insured. B. With respect to the insurance allowed to these additional insureds, the following exclusion is added: This insurance does not apply to bodily injury or property damage occurring after: 1. All work, including, parts, materials 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 or insureds 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. pct +O L - Authorized Representative GLE2010 - STICO 10 21 STICO Mutat Insurance Company, RRG Policy Number: 1-GLR000141-22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Weld County, Colorado, its elected officials and its employees Location and Description of Completed Operations: Ault Grader Shed Fuel Tank. af no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) A. Section II - Who is an Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for Bodily Injury or Property Damage caused, in whole or part, by your work at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the products completed operations hazard . However; 1. The insurance afforded to such additional only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section IV - 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 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. Authorized Representative GLE2037 - STICO 12-21 STICO Mutual Insurance Company, RRG CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYW) 09/29/2022 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 policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AOn Risk Services Central, Inc. Chicago IL Office 200 East Randolph Chicago IL 60601 USA CO;OCTNAME: PHONE FAX (aC. No. E.): (866) 283-7122 I (ac. No.): (800) 363-0105 E-MAIL ADDREss: INSURER(S) AFFORDING COVERAGE NAIL # INSURED Eaton Metal Products Company LLC Eaton Sales & Service LLC Eaton Inspection Services LLC 4800 York Street Denver CO 80216 USA INSURER. Zurich American Ins CO 16535 INSURERS: American Zurich Ins Co 40142 NSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570095705145 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 MAYBE ISSUED OR MAY PERTH N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as requested IN LTR TYPE OF INSURANCE ADOL la INSD WVD POLICY NUMBER POLICY EFF (MMIDDIVVVV) POLICY EXP (MMIDDM'VV) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE I CLAIMS -MADE Q OCCUR DAMAGETO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL B ADV INJURY GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE - POLICY ❑ PRO ElLOC JECT PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILE LIABILITY BAP 4373311-13 04/01/2022 04/01/2023 COMBINEDSINGLELIMIT Ea accident) $5,000,000 ANY AUTO ADS BAP 3487185-14 04/01/2022 04/01/2023 000ILYINJURY(Perperson) )"7-OWNED -SCHEDULED AUTOS CO, WY BODILY INJURY (Per accident) AUTOS ONLY X HIREDAUTOS ONLv X NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Peraccitleni) UMBRELLA LIAR OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS -MADE AGGREGATE DED I 'RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC348718414 04/01/2022 04/01/2023 - X IPER STATUTE I IORH ANV PROPRIETOR/PARTNER/ V N/A E. L. EACH ACCIDENT $1,000,000 EXECUTIVE OFFICER/MEMBER (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1, 000, 000 If yyes describe under DESG�RIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101 Additional Remarks Schedule, may (reattached if more space is required) RE: Ault Grader Shed Fuel rank, Bid Number 82200126. A waiver of Subrogation isgranted in favor of Certificate Holder in accordance with the policy provisions of the workers Compensation policy. CERTIFICATE HOLDER CANCELLATION Holder Identifier: FH weld County Facilities Department 1105 H. Street Greeley CO 80631 USA SHOULD ANV OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE e ova � �lrcYG 5 e* C�anZlaL �/ W ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD Blanket Notification to Others of Cancellation or Non -Renewal ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP 3487185-14 4/1/2022 4/1/2023 4/1/2022 30-380000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U -CA -832-A CW (01/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non -renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non -renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non -renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non -renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non -renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non -renewal date; b. Negate the cancellation or non -renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 4/1/2022 Insured Eaton Metal Products Company LLC Premium $ Policy No. O0348718414 Endorsement No. Insurance Company American Zurich Ins Co WC 99 06 43 (Ed. 01-13) Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. O 2012 Copyright National Council on Compensation Insurance, Inc. All Rights Reserved. Page 1 of 1 Contract Form New Contract Request Entity Information Entity Name. EATON SALES & SERVICE, INC Contract Name. AULT GRADER SHED FUEL TANK Contract Status CTB REVIEW Contract Description. FUEL STORAGE TANK Contract Description 2 Contract Type* CONTRACT Amount. 537,500.00 Renewable* NO Automatic Renewal Grant IGA Entity ID" OO0001089 [1 New Entity? Contract ID 6336 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Department Requested BOCC Agenda Due Date BUILDINGS AND GROUNDS Date' 09 i 1 7 2022 09 21 2022 Department Email CM- BuildingGrounds0weldgov.c OM Department Head Email CM-BuildingGrounds- DeptHeadAweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY:YWELDG OV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? YES Bid/RFP #* 82200126 If this is a renewal enter previous Contract ID If this is part of a MSA enter NASA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should he left blank if those contracts are not in On Base Contract Dates Effective Date Review Date" Renewal Date 05'01 2023 Termination Notice Period Committed Delivery Date Expiration Date k 05,'0112023 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date CHRISTIE PETERS 10,=05x`2022 Approval Process Department Head TOBY TAYLOR OH Approved Date 10:0412022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10 10 2022 Originator SGEESAMAN Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 10 05; 2022 10'05 "2022 Tyler Ref # AG 101022 September 7, 2022 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Toby Taylor Subject: Ault Grader Shed Fuel Tank; B2200126 As advertised this bid is to provide and install a 1000 -gallon fuel tank at the new Ault Grader Shed located at 41150 Tegan Avenue, Ault, CO 80610. The low bid is from Eaton Sales & Service and meets specifications. Therefore, Facilities is recommending the award to Eaton Sales & Service in the amount of $37,500.00 If you have any questions, please contact meat extension 2023. Sincerely, Toby Taylor Director Z 2a2- -77 PC OOZt-{ DATE OF BID: AUGUST 24, 2022 REQUEST FOR: AULT GRADER SHED FUEL TANK DEPARTMENT: FACILITIES BID NO: B2200126 PRESENT DATE: AUGUST 29, 2022 APPROVAL DATE: SEPTEMBER 12, 2022 VENDOR START DATE FINISH DATE WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 reverett(S weldgov.com cgeisert(6�weldgov. com cm peters(a,weldgov. com Phone: (970) 400-4222, 4223 or 4216 Fax: (970) 336-7226 TOTAL EATON SALES & SERVICE 2/27/2023 3/3/2023 $37,500.00 209 N. 2N° STREET LASALLE, CO 80645 KINGSTON INDUSTRIAL SERVICES 10/24/2022 10/28/2022 $42,000.00 5205 EAST 108T" PLACE THORNTON, CO 80233 E.T. TECHNOLOGIES, INC. 9/21/2022** 12/9/2022 $46,853.00 10000 SOUTH DRANSFELDT ROAD, SUITE 100 PARKER, CO 80134 CRGS, INC. 11/1/2022* ONE WEEK LATER $48,250.00 1301 ACADEMY COURT FORT COLLINS, CO 80524 KUBAT EQUIPMENT & SERVICE COMPANY, LLC 10/31/2022 11/11/2022 $78,364.00 1070 S. GALAPAGO STREET DENVER, CO 80223-2804 2022-2477 0?/29 3C�, CON PAGE 2 DATE OF BID: AUGUST 24, 2022 REQUEST FOR: AULT GRADER SHED FUEL TANK DEPARTMENT: FACILITIES BID NO: B2200126 *APPROXIMATE LEAD TIME IS 8-10 WEEKS. AS SOON AS DELIVERY DATE IS SET, VENDOR WILL WORK WITH WELD COUNTY TO SET A FIRM START DATE. **DATES LISTED ARE BASED UPON TANK DELIVERY DATE OF 10 WEEKS FROM SIGNED CONTRACT (PROJECT START). THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. Hello