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Home My WebLink About20221164.tiffRESOLUTION RE: APPROVE AGREEMENT FOR CONSTRUCTION SERVICES FOR EVIDENCE STORAGE PACKAGING TABLE PROJECT (INFORMAL BID #B2200074) AND AUTHORIZE CHAIR TO SIGN - KILGORE CONSTRUCTION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Construction Services for the Evidence Storage Packaging Table Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and Kilgore Construction, commencing upon mutual execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Construction Services for the Evidence Storage Packaging Table Project between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Facilities Department, and Kilgore Construction, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of April, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WE CO TY, COLORADO ATTEST: daluA) Weld County Clerk to the Board / - BY: Deputy Cler ounty Att• ey Date of signature: -1 /-CA/2-2. ott K. James, Chair Mike Freeman, Pro-Tem EXCUSED Perry L Buck teve Moreno EXCUSED Lori Saine CC:86(Th%) 5l6 f22 2022-1164 BG0024 l p°-Qa7.92a' 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 April 21, 2022 To: Board of County Commissioners From: Toby Taylor Subject: Evidence Storage Stainless Countertop; B2200074 As advertised this bid is to replace a laminated countertop at the Evidence Storage with a stainless -steel top. The low bid is from Kilgore Construction and meets specifications. Therefore, Facilities is recommending the award to Kilgore Construction. for $4,260.00 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director o2D�d2-//ZaLPL AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY & KILGORE CONSTRUCTION EVIDENCE STORAGE PACKAGING TABLE PROJECT THIS AGREEMENT is made and entered into this 151 day of V1 , 203igo , by and between the Board of Weld County Commissioners, on behalf of the acilities Department, hereinafter referred to as "County," and Kilgore Construction, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements (the "Work"). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2200074. Exhibit B consists of Contractor's Response to County's Request for Bid. 2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. o2o2a1-//G 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. in its sole discretion the county, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving such notice to cure such breach. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contractor is using, by whatever method it deems expedient; and, Contractor shall deliver to County all drawings, drafts, or other documents it has completed or partially completed under this Agreement, together with all other items, materials and documents which have been paid for by County, and these items, materials and documents shall be the property of County. Copies of work product that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination of this Agreement by County, Contractor shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $44260.00, as set forth in Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees of County, nor entitled to any employee benefits (including unemployment insurance or workers' compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Work without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times he considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the Work completed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 13. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor's insurer shall waive subrogation rights against County. a. Types of Insurance: Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all the Contractor's employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person; $1,000,000 for bodily injury for each accident; and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 For all general liability, excess/umbrella liability, and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. b. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. c. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the commencement of the Work, or otherwise that they are covered by the Contractor's policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County. d. No limitation of Liability: The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The Contractor shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. e. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. Non -Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: Name: Mike Kilgore Position: Owner Address: 38 Jessup Street Address: Brighton, CO. 80601 E-mail: mkilgore9l1 ayahoo.com Phone: 303-637-0356 County: Position: Toby Taylor Address: 1105 H St. Address: Greeley, CO. 80632 E-mail: ttaylor@weldgov.com Phone: 970-400-2020 19. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 20. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perform services of the same or similar nature. 21. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement- This instrument supersedes all prior negotiations representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 22. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 26. Governmental Immunity. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 27. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 28. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 29. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 30. Public Contracts for Services C.R.S. §8-17.5-101. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program of the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the State of Colorado program, Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of the State of Colorado program. If Contractor fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3). if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 31. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of 5500,0100 annually, or for public contracts for road or bridge construction in excess of 550,000, Contractor certifies. warrants, and agrees that Colorado labor shall be employed to perform ai least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the stair of Colorado at the time of the public works project, who can provide a valid Colorado driver's licerrase, a valid Colorado state issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. l?te County. in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion_ (This section shall nor apply to am• pro't t which is funded in whole or in part with lydc ral funds, or OW otherwise Contrary tofederal law. In accordan<e withC.R,S. §X 17,107 and? R ,+200.3l9(<:•i. this section shall not apply if the Work as funded wholly or in part with federal fiends. I 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 aand,'or legal costs incurred by or on its own behalf. 33. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -Judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void Acknowledgment. County and Contractor acknowle4c that each has read this Agcement understands it and agrees to be bound by its terms. Both parties turth r ,r,.ree that this Agreement, with the attached Exhibits A and B. is the complete and Cxclusrve 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 CONTR ACTOR: KiHE4re Cu By: Name: Title: C' i L ;' WELD COUNTY' ATTEST G/.dedivo �• D;ti Weld '.t ty (jerk to th H Deputy (aeerk 4-. I Date of Signature ROAR1) OF COUNTY COMMISSION E -:RS WE1jDCOtiN` COLORADO n K. James. Chair APR 2 5 2022 1 a i Exhibit REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: MARCH 9, 2022 BID NUM DESCI PTI PRE -BID Co ru o`'JE ii• I yZ s 2200O74 STAINLESS STEEL C UNTERTOP FOR EVIDENCE STORAGE T: FACILITIES FERENCE: i k,RCH 223 2022 G TE: } r AIL 2022 �e NOTICE T .I * -DER 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: • T I LESS STEEL C A rebid conference will be held on 2329 115th Ave, Greeley, CO 80634. NT RTO'z FOR March 2242022 at 1:30 PM CE STS GE at the Evidence Storage Building located at Bids will be received for the above stated merchandise, equipment, and/or services up to, but not later than: April 2022 at 10:00 A WeR trc asi Tim kj The submitted bids will be read over a Microsoft Teams Conference Call on April 5 2022 at O:3O To join, call the phone number and enter the b. E.Yp Mk Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Administration Building, St grain Meeting Room, 1150 O Street, Greeley, CO 80634. Phone number: 720-439-5261 Phone Conference ID: 611417045 2. IN IT a::TI y: TO ID Bids shall include any and all charges for delivery, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect Weld County to pay, if awarded the bid. 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 veld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at nftps://wvvvv.bidnetdirect.com/ Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. jagjaatir Email. E wiled bids are required. Bids may be emailed to bidswlgov2cn. If your bid exceeds 25MB please upload your bid to https://wvyw.bidnetdirectoom. The maximum file size to upload to BidNet is 500 MB. PDF turnat is required. Emailed bids must include the following statement on the email: "I hereby ;y:,vai right ta sealed bid". An email confirmation will be sent when we receive your bid/proposal. le se call Purchasing at 970-4004222 or 4223 with any questions. 3g G E Il V E RA D p ROVASUOMS: A. Fund AvaUabofoty: Financial obligations of Weld County, payable after the current fiscal year, are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made avai able. 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 Confidentiall lnformataon: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is <-xempt 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 docum-Jnt which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protecions, 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. 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. Choke 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 -Pay 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. H. 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. I. Term inati n: 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. J. Extension or Modification: Any amendments or modifications to this agreement shall be in writing, signed by both parties. BID REQUEST #B2200074 Page 2 K. 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. i L. Warranty: The successful bidder s all provide a warranty to the county as arranged by the parties. M. 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. N. 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. a contract,_ n -E clusive Agreement: This Agreement is nonexclusive and county may engage or use other rs or persons to perform services of the same or similar nature. ;, P. Eplbyee Financial fnt rest/C*nfhhct of Interest — CADS. 24 1-201 et s qo and §24-50-507: The signatories to this Agreement agree that, to theft 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. 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. R. Board of c . a my Commissioners of w4 : id County . - pprov it has been approved by the Board of county Commissioners. -t. la This Agreement shall not be valid until S. In ur nceo Insurance coverage must be maintained as required by law and as specified in the specificatins and/or scope of work. telaA BID REQUEST #B2200074 Page 3 i WELD COUNTY GOVERNMENT EVIDENCE STORAGE STAINLESS STEEL COUNTERTOP BID Weld County Government is soliciting bids from manufacturers/contractors to provide and install a stainless - steel countertop on our existing packaging table at the Evidence Storage Building located at 2319 115th Avenue, Greeley, CO 80634. Attached are the construction documents for this packaging table. The current top is a laminate material. The scope of the project includes: 0 Provide site visit and field verify existing 48"x 96" countertop with 1-1/2" thick edges prior to manufacturing. Provide and install manufactured & seamless stainless -steel countertop, (brushed finish) on existing packaging island. Davis -Bacon and Buy American requirements are NOT required. NOTE: Winning contractor will be expected to enter into a standard Weld County contract for this project. A sample is available by contacting the Weld County Purchasing Department. PROJECT SCHEDULE The following is a listing of dates for this project Date of this Bid March 9, 2022 Advertised on BidNet Direct March 9, 2022 Pre -bid Conference March 22, 2022 Bids Are Due April 5, 2022 Contract Award April 25, 2022 PRICING Provide lump sum pricing for this project. LUMP SUM PRICE FOR WORK $ BID SUBMITTAL INSTRUCTIONS: The following items must be c ; pleted and submitted with your bid on or before the lail2p2Bing deadline of 10:00 AM on April 5= 2022: 1. Page 4 of the Bid Specifications 2. Completed page 5 of the Bid Specifications (Signature Block) 3. Current W-9 4. Any future Addenda must be completed Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete and your bid being rejected. BID REQUEST #B2200074 Page 4 The undersigned, try Ms r her signaturey hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B2200074. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to 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. 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, SIP CODE TELEPHONE NO PRINTED NAME AND TITLE SIGNATURE E-MAIL FAX TAX ID WELD COUNTY IS EXEMPT FROM DATE LO DO SALES TAXESm THE CERTIFICATE OF EXEMPTION NUMBER IS #99-03551-0000. Y= 'U DO NOT NEED TO SEND APK PAGES 1 — ATTEST; Weld County Clerk to the Board BY: Deputy Clerk to the Board BID REQUEST #62200074 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Scott K. James, Chair APPROVED AS TO SUBSTANCE Elected Official or Department Head Controller Page 5 fra ..w.nwriam.r+nxgwrw+.ww++wvr xr.nu.ts�wrruww•rmw3?644+:4F?r`z'-r"FH6Mrh+:�1'^^YNVrta3?!b?nN:nSW**.M..4vd. WtW045.::.140C.;!)`nWitikFYw.r,1Se Ne.rXR4N[la �Ctkia*M5YKPotlIAWAONIJtOV1.Y+.^WSbX'.V%sun'1t.Wn!\WxuriS:urgtteprF.AliWawveu'uxNM 5:a':..:µ.yw:}Yrc.::<:2-rs~prfi?Y`e'iS+.r+'r.viva, •uuwy.yn C4Jil::'l+r v:•�•1:wr'av'YM4nW.sr�f Exhibit B WELCOUNTYGOVERNMENT EVIDENCE STORAGE STAINLESS STEEL COUNTERTOP mo Cmn Government is soliciting bids from manufacturersecontractors to pride and insta i t steel countertop on our existing packing table at the Evidence Storage Building located at 2319 .115th Avenue, Greeley, CO 80634. Attached are the construction documents fur this packaging table, Thy. current top is a laminate material The of the prc erA `tot- ; Provide site visit a freld vet existing. 4 x 96- countertop with 1-1/24 thia mak- Provide . install manufactured & seamless stainiessAvsteel O3Ut (brushed finis; exit. kagi . and Buy American requirements are NO1 NOTE Winning contractor wl be peenter into standard Weld Cou contract act ITYi`i this pojedW A ample mailable by contacting Counttit PurchasingDepartment PROJECT SC HE The following is a li Date of this Bid Acv rt t .BidNet. ::. Preabid Conr Bids Are Due Award PRIMP i. NG Provide rump sum pricing for this dates fors `ems march 9, 2022' March 2022 March 22, 2022 Si 2022 a 2022 LUMP SUM PRiCE FOR WORK S BID suarierAL MIS U • `DNS:. The. followingitems .mtist.. be completedmust he compl .deadline o 2022: 1. Page W the Bid Specifications 2:, Completed a e the Bid Specifications (Signature Current 4. Any future Addenda must be completed Failure to itititi$0. any of the d` incomplete and your bid being refcted, 2 may result in your bld bei . We l d r�- The undersigned, by his or her signature;, hereby acknowledges and represents that: 41, The bid proposed herein meets all of the conditions, specifications and special provisions sat forth in the request for proposal for Reque=st o_ AE2200074. 2_ The questions set forth herein are exclusive of any federal excise taxes and all other state and lava taxes He or she is authorized to bind the below -nand bidder for the amount shown on the accompanying proposal shy s. L. The signed bid submitted. all ci the documents of the Request for Proposal contairnt}d herein (including, but not limited to the product specifications and scope of senates), the formal actace e of the bid by Weld Ccunty, and signature of the Chair of the Board of County Commissioners. together constitutes a contract,with the contract date Win: the date of signature by the Chair of the Board of County Cornini5sioners 5. Weld Courtly resents the right to mica 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 bidty s, may be awarded to more than one vendor- Ifr( i BUSINESS -To ADDED CITY, STATE, ZIP CODE 4 r= %‘-i C_ t t,,, Lit. TPI PPHONE NO ¢= ~'7; 1;4>`1 r 551 FAX TAX t'& PRINTED NAME TITLE ) ice it, SIGNATURE • Fertil,A,11 '~``' b 13f3t\ ''i9 L DATE I WELD COUNTY Y IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS 98-03551- 000, YOU DO NOT NEED TO SEND BACK PAGES 1-3. to the Board BOARD OF COUNTY COMMISSIONERS WELD D COUNTY, COLORADO Deputy Clerk to the Board Scott K. James, Chair APPROVED AS TO SUBSTANCE- Ele ed Official or Department nt Head Controiler 3D REQUEST #82200074 age 5 AC o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/14/2022 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 Edemnify LLC 3145 E Chandler Blvd Ste 110-543 Phoenix AZ 85048 CONTACT Francine Perez NAME: (a/c No, Extl: (800) 620-4216 I �A/Ac, No): (800) 503-0048 E-MAIL francine@edemnify.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Atlantic Casualty Insurance Company 42846 INSURED Kilgore Construction 38 Jessup Street Brighton CO 80601 INSURER B : National Union Fire Ins Co Pittsburgh PA 19445 INSURER C : Evanston Insurance Company 35378 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CL2151439983 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR T LLIMITS TYPE OF INSURANCE NSD SUER WV D POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDIYYYY) A X COMMERCIAL GENERALLIABILITY Y Y L298000061-1 04/28/2021 04/28/2022 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES JECT PRO PER: LOC GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE _ - LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y BE080691831 03/29/2021 04/28/2022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?- (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N /A TATUTE I I EORH I SPER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ C Excess Liability Y Y EZXS3048306 03/29/2021 04/28/2022 Each Occurrence Aggregate 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder additional insured as required by contract per attached AGL-176 06 19 CERTIFICATE HOLDER CANCELLATION Weld County 1105 H Street Greeley CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CONTRACTOR ADDITIONAL INTERESTS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 2. Exclusions This assurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. AGL-176 0619 Includes copyrighted material of ISO Properties, Inc. Used wni h Em CtPY-sion. All fights reserved. -Page Page 1 of 4 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION — PRIMARY AND NON-CONTRIBUTORY SCHEDULE Name Of Person Or Organization: Any person or organization with whom the insured has agreed within a written contract or written agreement; provided such written agreement is executed prior to the loss. A. Section I1— Who Is An Insured is amended to krclude as an insured the person or organization shown in the Schedule, but only with respect to lability caused, in whole or in part, by your ongoing operations performed for that insured. B. This insurance is Primary and Non -Contributory, but only for the Additional Insured shown in the schedule and only for liability caused by the Insured's negligence for ongoing operations. C. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to " bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of " your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. D. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. AGL-176 0619 Includes copyrighted material of ISO Properties, Inc. Used with permission. All rights reserved. Page 2 of 4 INSURED COPY - - Page 51 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SCHEDULE Name Of Person Or Organization: Any person or organization with whom the insured has agreed within a written contract to waive rights of recovery, provided such written agreement is executed prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT SCHEDULE Maximum Per Policy General Aggregate Limit: $5,000,000 A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single construction project 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". AGL-176 0619 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. 5. The Maximum Per Policy General Aggregate Limit shown in the Schedule is the most we will pay for the sum of all Construction Project General Aggregate Limits and the General Aggregate Limit shown in the Declarations regardless of the number of: a. Insureds; Includes copyrighted material of ISO Properties, Inc. Page 3 of 4 Used with permission. All rights reserved. INSURED COPY - - Page 52 Contract Form New Contract Request Entity Information Entity Name* KILGORE CONSTRUCTION Contract Name* EVIDENCE STORAGE PACKAGING TABLE Contract Status CTB REVIEW Entity ID* gO0038200 ❑ New Entity? Contract ID 5722 Contract Lead* SGEESAMAN Contract Lead Email sgeesamancco.weld.co.us Contract Description * MANUFACTURE & INSTALL STAINLESS STEEL PACKAGING TABLE TOP Contract Description 2 Contract Type* CONTRACT Amount* 54,260.00 Renewable* NO Automatic Renewal Grant IGA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGroundscweldgov.c om Does Contract require Purchasing Dept. to be included? Department Head Email YES CM-BuildingGrounds- DeptHeadAweldgov.com Bid/RFP#* B2200074 Requested BOCC Agenda Date 04 13 2022 Parent Contract ID Requires Board Approval YES Department Project it Due Date 04109 2022 Will a work session with BOCC be required?* NO County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I 1 ORNEYg.WELDG OV,COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Review Date* 09.12-2022 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 0912x2022 Contact Information Contact Info Contact Name Purchasing Purchasing Approver CHERYL PATTELLI Approval Process Department Head TOBY TAYLOR DH Approved Date 04:18:2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 0425:2022 Originator SGEESAMAN Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone I Purchasing Approved Date 04;20!2022 Finance Approved Date 04;20:2022 Tyler Ref # AG 042522 Legal Counsel BRUCE BARKER Contact Phone 2 Legal Counsel Approved Date 04 20 2022 Hello