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Home My WebLink About20202979.tiffDEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 400-2023 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 January 5, 2021 To: Board of County Commissioners From: Toby Taylor Subject: Controlled Access Doors — Change Order 2 (Bid 2000177) Long Technologies was awarded the bid for controlled access door upgrades at various buildings. The new Jail wing requires controlled access door components to be installed to meet the County standards for controlled access. To accomplish this task a change order for $5,585.00 is needed. Therefore, Buildings & Grounds is recommending the change order to Long Building Technologies in the amount of $5,585.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 0i/ 11 1 a1 3C900 �� CONTRACT AGREEMENT EXTENSION/AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS & GROUNDS AND LONG TECHNOLOGIES, INC. -l4, This Agreement Amendment ("Amendment"), made and entered into day of .7..noctirtles 2021 by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Buildings and"Grounds, hereinafter referred to as the "Department", and Long Technologies, INC. hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2020-2979, approved on October 28, 2020. WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Amendments, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Change Order #2, dated December 11, 2020 is hereby incorporated as an exhibit to the agreement and the terms are included in the Agreement. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: CIA aL...„ Printed Name Signature ATTEST: Weld BY: ddriLet) .d..0;ve Deputy Cler the Board APP ED AS TO 71 DI mes Controller APPRO 'tab F R • t County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair APPROVED AS AO SUBSTANCE: JAN 11221 Official or Department Head oZdoZo -. 029 7! Date: 12/11/2020 Exhibit: Change Order Long live your buifding. To: Mike lannuzzi Company: Weld County B&G Regarding: Weld County 3 -Building Add — Amendment 2 Payment Terms: Net 30 with credit approval Order Acceptance: Conditional terms and conditions attached. If you do not have them, please request a copy. Scope of work: Mike with Weld County requested a time and material service call for the following work at the Weld County Jail: ® Install and wire request to exit motion sensors on (22) access control doors. o (12) REX will be provided by Weld County, (10) will be provided by LONG Wire door position switches that are built into electric strikes on (20) doors Provide and install recessed door contacts on (2) doors Pricing: Part Number Description 1078 DS160 Install/Labor Project Management General & Admin GE Door Contact Bosch REX Motion Sensor Tax Excluded Price Qty Ext. Price $25.00 2 $50.00 $92.00 10 $920.00 Freight $53.00 Subtotal $1,023.00 $102.00 41 $4,182.00 $114.00 2 $228.00 $152.00 Total $5,585.00 Customer Acceptance: Agreed To: Customer Name: Customer P.O. Number: P.O. Date BOG Tito � 1,7:tc„, :6114 {O z c o �- 7965 2.0:t4" �c �'GC�NTYt, November 19, 2020 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 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: Proximity Door Change Order— (2020-2979) Long Technologies was awarded the bid for installation of proximity door system at the Crime Lab Evidence addition. The bid was awarded prior to the building construction. During installation after construction, some additional work needed to be done which was not part of the bid specifications. One of the walls was turned into a fire wall during subsequent design changes. Therefore, fire sleeves needed to be installed at that location. An additional proximity door was requested by the Sheriff's Office to meet operational requirements. The total for this changer order is $1,640.81. B&G is recommending approving this change order. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director i I it3 fa -2 ged /)i /5.6f /5%) /1/42,5 f2-0 ab002G-- ‘?,79-cy 3C7 cO2? CONTRACT AGREEMENT EXTENSION/AMENDMENT BETWEEN THE WELD COUNTY DEPARTMENT OF BUILDINGS & GROUNDS AND LONG TECHNOLOGIES, INC. This Agreement Amendment ("Amendment"), made and entered into 16th day of November, 2020, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Buildings and Grounds, hereinafter referred to as the "Department", and Long Technologies, INC. hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2020-2979, approved on October 28, 2020. WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: ® The Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents: 1. Change Order #1, dated November 10, 2020 is hereby incorporated as an exhibit to the agreement and the terms are included in the Agreement. ® All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. TOR: r,vt Prin ed Name rf *Itt> t. \ye, iiti"--cniN Sig.ture ATTEST: Weld BY: Deputy Clerk .• the Bbard APPROVED AS TO FUNDING: f �d Controller APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair NOV 2 3 2020 APPROVED AS T!� _ BSTANCE: ected afficial or Department Head Date: 11/10/2020 Exhibit: Change Order # 1 To: Mike lannuzzi Company: Weld County B&G Regarding: Evidence Storage CO1 Scope of work; Mike with Weld County requested a quote for the following: ® Providing and installing (2) firestop sleeves ® Providing and installing conduit for doors not prepped by the EC • Credit for removing (1) access control door Pricing: Item Number/Date Labor 15 -Oct 19 -Oct 20 -Oct Material Other r ,tre f �--, o Description Bierbaum, Kevin Bierbaum, Kevin Bierbaum, Kevin Sandberg, Ron (2) 4" Firestop Sieves Conduit DS160 Door Contact H ES9400-630 Labor Credit Unit HRS HRS HRS HRS G Long five your r building. Payment Terms: Net 30 with credit approval Order Acceptance: Conditional terms and conditions attached. If you do not have them, please request a copy. Qty. Unit Price Line Total 2 $102.00 10 $102.00 6 $102.00 1 $114.00 Total Labor 1 $712.30 1 $241.51 Total Material 1 ( $92.00) 1 ($25.00) 1 ( $330.00) 8 ( $102.00) Total Other Subtotal Tax Total Total: $204.00 $1,020.00 $612.00 $114.00 $712.30 $241.51 ($92.00) ( $25.00) ( $330.00) ( $816.00) $1,950.00 $953.81 ($1,263.00) $1,640.81 0.00 $1,640.81 k.; N Gm Lore live your building! Customer Acceptance: On behalf of the owner and subject to Buyer's conditions of acceptance set forth below, the undersigned hereby states: I have read the above Terms and Conditions, understand them fully, and agree to abide by them. I understand that payment for all equipment and installation changers is due pursuant to the terms of the agreement. I hereby certify that I am authorized by my company to sign this agreement. LONG Building Technologies is hereby authorized to perform the work as specified. Agreed To: Customer Name: Customer P.O. Number: P.O. Date \ er �c a, . - O 4" �o c 0 rrt .r in 6s - 4 -,•�� rp Ail 7-3 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & LONG BUILDING TECHNOLOGIES, INC CONTROLLED ACCESS DOORS -3 BUILDINGS THIS AGREEMENT is made and entered into this Why of ©e+obi , 2024by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Long Building Technologies, Inc. whose address is 5001 South Zuni Street Littleton, CO 80120, hereinafter referred to as "Contractor". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibits A and B; and WHEREAS, Contractor is willing to perform and has the specific ability to perform the required Services at or below the cost set forth in Exhibit B: 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 terns of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and Bare specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Bid (RFB) as set forth in "Bid Package No. B2000177". The RFB contains all of the specific requirements of County. Exhibit B consists of Contractor's Response to County's Request for Bid. The Response confines Contractor's obligations under this Agreement. 2. Service or Work. Contractor 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 described in Exhibits A and B which is attached hereto and incorporated herein by reference. Contractor shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. 3. Term. The tenn of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contractor's completion of the responsibilities • e6:10-A-betx ( 10102i /.. 10-.2k-,20 20ao- 2�'�9 described in Exhibits A and B. 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. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contractor if it wishes to renew this Contract. 4. 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. 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. 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. 6. Compensation/Contract Amount. Upon Contractor's continued successful completion of the work, and County's acceptance of the same, County agrees to pay an amount no greater than $140,175.00, which is the bid set forth in Exhibit B. Contractor 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 Weld County, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. 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. 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 from County as a result of the execution of this Agreement. Contractor shall perform its duties hereunder as an independent Contractor. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contractor, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. 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 Project without County's prior written consent, which may be withheld in County's sole discretion. 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. 10. Confidentiality. Confidential financial information of Contractor should be transmitted separately from the main bid submittal, clearly denoting in red on the financial infonnation at the top the word, "CONFIDENTIAL." However, Contractor is advised that as a public entity, Weld County must comply with the provisions of 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 wan -ants that the services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor 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. 12. Acceptance of Services Not a Waiver. hi 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. Acceptance by the County of, or payment for, the services 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 and Indemnification. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the tern of the Agreement, or any extension thereof, and during any warranty period. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. 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 this Contract by the Contractor, its agents, representatives, employees, or subcontractors. The 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. INDEMNITY: The Contractor 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 Contractor to conform to any statutes, ordinances, regulation, 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. This paragraph shall survive expiration or termination hereof. Types of Insurance: The Contractor/Contract Professional 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 Contractor'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 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 with the minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products & completed operations aggregate; $1,000,000 personal advertising injury Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Contractors/Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Contractor/Contract Professional'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 coverage's required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent Contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contractors, sub -vendors suppliers or other entities upon request by the County. 14. 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. 15. Examination of Records. To the extent required by law, the Contractor agrees that an 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. 16. 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. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall matte, 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. The County Representative for purposes of this Agreement is hereby :identified as, Toby Taylor, Weld County Director of Buildings and Grounds. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Long Building Technologies, Inc. Attn: Richard Coleman Address: 5001 South. Zuni Street Address: Littleton, CO 80120 1 -mail.: rcoleman@lon<g.com Telephone:. (303) 975-2100 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1 105 H Street, Greeley, CO 80632 Address: PO Box 758 h-m.ail: ttayloraweld ov_.cpm Facsimile: 970.304.6532 18. Compliance with ;Law. Contractor shall strictly comply with all applicable federal and State laws, titles and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contractors or persons to perfomi services of the same or similar nature. 20, 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 instnrment 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 patties. 21. 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 fiends not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24- 50-507. The signatories to this Agreement state 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. 23. 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. 24. Governmental Immunity. No term or condition of this 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. 25. 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. 26. 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. 27. 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. 28. 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 contract. 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 ) -Verify program or 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 the public contract for services 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 an 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 of 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. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this day of , 2020 CONT'•CTOR: Lon :�, it in Technolo ies Inc. By: �►�.��; Name: Title: Date to4 WELD COUN t Cam( ATTEST: ./� �• •-fe Doti BOARD OF COUNTY COMMISSIONERS Weld -o nt Clerk to th= Board WELD COUNTY, COLORADO BY: Deputy Cj rk tthe;Z:rd •.a Mike Freeman, Chair OCT 2 8 2020 oo a o - aq i 9 Exhibit A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: AUGUST 31, 2020 BID NUMBER: B2000177 DESCRIPTION: CONTROLLED ACCESS DOORS - 3 BUILDINGS DEPARTMENT: BUILDINGS & GROUNDS MANDATORY PRE -BID CONFERENCE: SEPTEMBER 11, 2020 BID OPENING DATE: SEPTEMBER 22, 2020 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, "Weld County"), wishes to purchase the following: CONTROLLED ACCESS DOORS - 3 BUILDINGS A mandatory pre= id cnference will be held on September 11, 2020 at 10:00 AM at the Weld County Department of Buildings and Grounds, 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. We wo 1 ad hedng to current state sodai distancing guidelines. Bids will be received for the above stated equipment up to, but not later than: AM (Weld County Purchasing Time Clock). September 22, 2020 at 10:00 **PL SIB h O E: Due to the recent events surrounding the Coronavilrus ( OVilD-19) pandemic, so -e county emp{oyees are teEelsvit king; therefore, the Nd openjng See Page 9 for conference caii i tormadon.* ll be e Id yja , aky�_ e Conference CaR. PAGES 1 — 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 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 Weld County to pay if awarded the bid. You can find information concerning this request on the BidNet Direct website at https://wvvw.bidnetdirect.com/ Weld County Government is a member of BidNet Direct which is an online notification system being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery t0 Weld County: 1. Email. Due to the Coronavirus (COVID-19), emailed bids are required. Bids may be emailed to bids@weldgov.com; however, if your bid exceeds 25MB please upload your bid to https://vvww.bidnetdirect.com. The maximum file size to upload to BidNet is 500 MB. PDF format is required. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. Please call Purchasing at 970-400- 4222 or 4223 with any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing in 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/Purchasing Director 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/Purchasing Director; 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, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS: Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform BID REQUEST # Page 2 Work under this Agreement or eater inta contract wit's a subcontractor that fails to certify with Successful bidder tRat the subcontractor shall not knowingly employ or contract with an illegl alien to perform work under this Agrlaement. Successful bidder shall mot use L _ --Verify Program or State of olorado program procedures to undertakr lire-rmploymen: screening or job applicants wnile this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs • r contacts with an illegal alien Successful bidder shall notify the subcontractor and County ithin three (3) says that Successful bidoer has actual know edge that a subcontractor is emp oying or csntra.cting with n illegal alien and shall terminate the subcontract if subcontractor Goes not step emp oying or csntracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not termir ate the contract if within three says :he subcontractor provides information to establish tnat the subcontractor has not knowing y employed or contracted with an illegal alien. Successful oidder shall comp y with reasonable requests made in the course of an investigrior, undertaken pursuant to §; 1 /.5- 102(5), by the Colorad • Department of Labr and Employment. If Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days atte; P hiring a new employee tperform \cork under :he contract, affirm that Successful bidder nas examined the legal °pork sty: tus of such employee, iretained 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 iy h examined the legal w•,r< status of such employee, and shall c nriply with all of the a her requirements of tle State of C•lorado program. If SuccessfuI bidder fails to comply with any requirement of this provision or of C.I .S. §3- r 7.5-1 ®1 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be iaole for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-70.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm treat any individual n..tur .I person eighteen (`3) years o' { ge or older is lawfully present in the United States pursuant to C.R.S. § 24- '76.5-'03(4), if sJch individual applies for public benefits provided under the contract. if Successft, bidder operates as a sole proprietor, it hereby smears 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 re of the forms of identification reo wired by C.R.S. § 24-70.5-101, e'ry seq., and (c) shall croduce one of the or of identification required by C.R.S. § 24-70.5-103 prior to the effective date of he contract. • 5. GENEP A. Fund , vaaNilityo Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for than purpose being appropriated, budgeted and otherwise made ava.ilaole. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the c ntract beyond ' ne current fiscal year. Trade Secrets and other CtruredenUaB Bnformatione Weld County disc•;urages bidcers 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 oenoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is cvised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Col;rads Open !ecords Act (CORA), with regard to public records, and cannot guarantee the conficentiality of all documents. The bidder is responsible for ensuring that all information contained withii the cn; idential portion st 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 tie confidential materials to determine whether any of them may be withheld from disclosure pursuant tCR , and disc ose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible f redacting or identifying Confidential information which is included within the body of the bid and not separately id ntified. r;ny document which is incorporated as an exhibit into any contract executed by the Ct:urity shall b- a public document regardless of whether it is marked as confidential. BID RECD EST #82000177 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. 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. BID REQUEST # llroiro II Page 4 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. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. BID REQUEST # Page 5 S. Employee Financial Interest/Conflict of Interest— C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. 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 X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 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: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. BID REQUEST ttli o i6 , Page 6 The incur nce coverages specified in this Agreement are the minimum requirements, and these requirements do nit decrease or limit the liability of Professional. The County in no way warrants that the minimum limits c ntained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any iability or ether obligations assumed or pursuant tthe Contract by reason of its failure to obtain .r maintain insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessa; , to cover its obligations and liabilities under this Agreement. Any m,oifiction to these requirements must be made in writing by Weld County. The Conract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional 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 renoered by the Cntract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The C•-ntract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or *missions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the firms 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 Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional 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 Contract Professional 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 Contract Professional will be responsible for primary loss investigation, defens and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional 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 Contract Professional 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 Contract Proessional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: Workers' C nip rrisAon Insurance as required by state statute, and Employer's Liability Insurance covering all of the Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontract executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. BID REQUEST #B2000177 Page 7 Profess' nE" Liability (Errors and Omiss"ons Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an addition** insured. Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, 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 Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, 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. r BID REQUEST #B2000177 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Controlled Access Doors — Three Buildings This bid is for a turn -key installation of controlled access doors at three County buildings which will operate on the County's proximity card door system. SCOPE OF WORK 1. Weld County currently operates a keyless access system using ICT Protege GX Software. 2. The new system must be an Electronic Access Control / Keyless Entry system that provides a uniform platform iusing the following: A. ICT Protege GX C. Download Servers ® Software Version: 4.3.270.13 ® Software Version: 4.3.270.13 • Data Server: 4.3.270.13 B. Event Servers D. Controller Software O Software Version: 4.3.270.13 Current Version 2.08 911 J 1 B5 3. Weld County intends to add proximity -style keyless entry systems to three additional buildings in Greeley (shown in attached PowerPoint document). A. 1111 H Street 14 doors B. 1250 N. 17th Avenue 14 doors C. 2329 115th Avenue 13 doors 4. Included in the scope of work will be door override buttons for up to 10 of these doors. 5. Additional licenses for all doors in this scope must be provided in the bid. 6. Included in the scope of work is having electricians wire 120 VAC power to the new equipment. 7. Network connections will be provided by Weld County. 8. Contractor must provide full hardware installation as well as a full integrated solution into the ICT Protege GX Software. 9. Contractor is expected to design and install the solution for a fully operational system. 10. Contractor must provide references of providing similar scope of work on several projects using the Protege GX platform. 11. Contractor may be assigned additional projects of the same nature through a contract amendment. Contractor shall provide a cost breakdown of equipment items to be used as a baseline for additional work, if selected by Weld County. ESTIMATED START DATE: DAYS FOR COMPLETION: Cost: Provide total turn -key cost for this project. TOTAL $ A mandatory pre -bid conference will be held on September 11, 2020 at 10:00 AM at the Weld County Department of Buildings & Grounds, 1105 H Street, Greeley, CO 80631. We X'dn be adhering to sta.te social distandng gthdehies. Bids will be received up to, but not later than September 22, 2020 at 10:00 AM (Weld County Purchasing Time Clock). BID OPENING WIL ., BE, HELD VIA A SKYPE CONFERENCE CALL To join call: 1 (720) 439-620'1 and enter Conference ID: 762256639 Due to COVID-e 9, the fo9povAng changes have been made to OUT' current bid process until future nonce: 1) No hard copies of bids will be accepted. 2) Only one electronic copy of your bid is needed. PDF format is required. 3) Email bids to bids@weldgov.com. If your bid exceeds 25MB, please upload to https://www.bidnetdirect.comi. The maximum file size to upload to BidNet is 500 MB. BID REQUEST #B2000177 Page 9 The undersigned, by his or her signature, hereby acknowledges nd 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. #B2000177. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS BY (Please print) CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE DATE FAX E-MAIL TAX ID **ALL BIDDERS SHALL PROVIDE A W-0 WITH THE SUBMISSION OF THEIR BID' LINTY IS E:=��:E PT FROM COLODO SALES T XES. THE CERTIFICATE; F EXEPTIN IS #98003551-0000. YOU DO NOT NEETO SEND BACK PAGES 1 — 8. ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #B2000177 Page 10 Exhibit B N G" Long live your building! LONG Building Technologies Inc. Headquarters: 5001 South Zuni Street, Littleton, CO 80120 Main: 303-975-2100 Website: www.LONG.com Project: Bid Number: B2000177 Description: Controlled Access Doors — 3 Buildings Department: Weld County Building & Grounds Date: September 29, 2020 Prepared by: Richard Coleman Security Solution General Manager Email: rcoleman@long.com Mobile: 303-653-1176 Anthony Ojile Security Solutions Account Executive Email: aojile@long.com Mobile: 303-549-5079 L N Gm' Long live your building! Table of Contents: Scope of Work 3 Specifications/Pricing 4 LONG Authorized Signature 5 Addendum #1— Signed 6 Addendum #2 — Signed 7 Addendum #3 — Signed 8 Pricing Breakdown 9-10 ICT Project References 11 Clarifications 12 LONG W-9 13 Scope of Work Spreadsheet - Public Works 14 Scope of Work Spreadsheet — Clerk and Recorder 15 Scope of Work Spreadsheet — Crime Lab/Evidence Storage 16 Scope of Work Spreadsheet — Centennial Center 17 Product Data Sheets 18-36 '965. 2 111111111111111111111-L‘oNG' Long live your building! To: Weld County Building and Grounds Date: 09/29/2020 Regarding: Bid Plumber B2000177 Scope of Work: Payment Terms: Net 30 with credit approval Order Acceptance: Conditional terms and conditions attached. If you do not have them, please request a copy. Weld County Building & Grounds requested a proposal for the following additions to their existing ICT access control system. Attached to this proposal is a spread sheet detailing the hardware required for each building and door location. Electrician costs to power up new lock power supplies and access control panel power supplies are included in this proposal. Each door will be outfitted with a card reader, door contacts, request to exit motion sensor and electric locking hardware. LONG Building Technologies will provide, install, and commission the additions to the access control system. • ICT Protege GX System: Add (50) Door license to accommodate the additions below • Public Works -1111 H Street —15 Doors: o (15) card reader doors o (2) door release buttons o General contractor to provide electric locking hardware for (7) doors o LONG to provide electric locking hardware for (8) doors o Cost for a lift to pull cabling included in the cost • Clerk and Recorder -1250 N. 17th Avenue —14 Doors: o (14) card reader doors o (3) door release buttons o General contractor to provide electric locking hardware for (12) doors o LONG to provide electric locking hardware for (2) doors • Crime Lab/Evidence Storage - 2329115th Avenue —14 Doors: o (3) card reader doors to connect to the ICT ProtegeGX system o (11) card reader doors to connect to the legacy DMP Entre system • LONG will provide cabling, door contacts, electric locks (as needed) & lock power supplies ■ Card readers and panels provided by others o (1) door release button o General contractor to provide electric locking hardware for (7) doors o LONG to provide electric locking hardware for (7) doors • Centennial Center - 915 10th Street —13 Doors: o Add (6) doors to Centennial Plaza South — Pull new cable to each door o Add (7) doors to Centennial Plaza West — Pull new cable to each door o Remove (5) doors from Centennial Plaza West — Labor to remove hardware at each door NOT included • Reuse card readers from (5) removed doors/reuse RDM2 ports/REX • Locking hardware not included, no information provided on locking hardware in addendum #3 • Locking hardware can be provided by LONG as a change order 3 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Controlled Access Doors — Three Buildings This bid is for a turn -key installation of controlled access doors at three County buildings which will operate on the County's proximity card door system. SCOPE OF WORK 1. Weld County currently operates a keyless access system using ICT Protege GX Software. 2. The new system must be an Electronic Access Control / Keyless Entry system that provides a uniform platform using the following: A. ICT Protege GX C. Download Servers • Software Version: 4.3.270.13 • Software Version: 4.3.270.13 • Data Server: 4.3.270.13 B. Event Servers D. Controller Software • Software Version: 4.3.270.13 • Current Version 2.08 911 J1B5 3. Weld County intends to add proximity -style keyless entry systems to three additional buildings in Greeley (shown in attached PowerPoint document). A. 1111 H Street 14 doors B. 1250 N. 17th Avenue 14 doors C. 2329 115th Avenue 13 doors 4. Included in the scope of work will be door override buttons for up to 10 of these doors. 5. Additional licenses for all doors in this scope must be provided in the bid. 6. Included in the scope of work is having electricians wire 120 VAC power to the new equipment. 7. Network connections will be provided by Weld County. 8. Contractor must provide full hardware installation as well as a full integrated solution into the ICT Protege GX Software. 9. Contractor is expected to design and install the solution for a fully operational system. 10. Contractor must provide references of providing similar scope of work on several projects using the Protege GX platform. 11. Contractor may be assigned additional projects of the same nature through a contract amendment. Contractor shall provide a cost breakdown of equipment items to be used as a baseline for additional work, if selected by Weld County. Executed Contract ESTIMATED START DATE: Estimated 10/15 DAYS FOR COMPLETION: December/January Cost: Provide total turn -key cost for this project. TOTAL $ 140,175.00 A mandatory pre-bld conference will be held on September 11, 2020 at 10:00 AM at the Weld County Department of Buildings & Grounds, 1105 H Street, Greeley, CO 80631. We will be adhering to state social distancing guidelines. Bids will be received up to, but not later than September 22.2020 at 10:00 AM (Weld County Purchasing Time Clock). BID OPENING WILL BE HELD VIA A SKYPE CONFERENCE CALL To Join call: 1 (720) 439-5261 and enter Conference ID: 762256639 Due to COVID-19, the following changes have been made to our current bid process until future notice: 1) No hard copies of bids will be accepted. 2) Only one electronic copy of your bid is needed. PDF format Is required. 3) Email bids to bidsOweldnov.com. If your bid exceeds 25MB, please upload to httos://www.bidnetdirect.com/. The maximum file size to upload to BidNet is 500 MB. BID REQUEST #B2000177 4 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #82000177. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM LONG Building Technologies BY Richard Coleman (Please print) BUSINESS ADDRESS 5001 South Zuni Street DATE 09/29/2019 CITY, STATE, ZIF]' CODE Littleton, CO 80120 TELEPHONE N 03-975-2100 FAX 303-936-2755 TAX ID # 84-0579292 SIGNATURE v E-MAIL rcoleman@long.com 'ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1- 8. ATTEST: Weld County Clerk to the Board BY: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board Mike Freeman, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #82000177 5 ADDENDUM#1 BID REQUEST NO. 82000177 Controlled Access Doors — 3 Buildings On page 9 of the bid specifications, make the following changes: 3. Weld County intends to add proximity -style keyless entry systems to three additional buildings in Greeley (shown in attached PowerPoint document). A. 1111 K Street 14 doors 15 doors B. 1250 N. 17th Avenue 14 doors C. 2329 115th Avenue 13 doors 14 doors (only 3 doors will require readers & control head connections) 4. Included in the scope of work will be door override buttons for up to 4-A 6 of these doors. Also attached is an updated diagram. ***We need sinned copy on file. Thank vour" Addendum received by: LONG Building Technologies FIRM 5001 South Zuni Street ADDRESS Littleton, CO CITY AND STATE Richard Coleman BY rcoleman@long.com EMAIL September 14, 2020 6 ADDENDUM#2 BID REQUEST NO. B2000177 Controlled Access Door — 3 Buildings On page 1 of the bid specifications is states bids are due on September 22, 2020 at 10 AM. This needs to be changed to the following; Bids will be received for the above stated equipment up to, but not later than: September 29, 2020 at'10 00 A (Weil County Purchasing Time Clock). Skype conference call information to remain the same. ***We need sinned copy on file. Thank soul*** Addendum received by: LONG Building Technologies FIRM 5001 South Zuni Street ADDRESS Littleton, CO CITY AND STATE Richard Coleman BY rcoleman@long.com EMAIL September 21, 2020 7 ADDENDUM#3 BID REQUEST NO. 82000177 Controlled Access Door — 3 Buildings There is a need to add a 4th building which will need some proximity doors with controls added. This building is the Centennial Center located at 915 10th Street, Greeley. For reference Centennial Center is separated into wings called Plaza South and Plaza West. For this additional scope of work add the following: On Page 9, amend step 3 as follows: 3. Weld County intends to add proximity -style keyless entry systems to three additional buildings in Greeley (shown in attached PowerPoint document). A. 1111 H Street 14 doors B. 1250 N. 17th Avenue 14 doors C. 2329 115th Avenue 13 doors D. 915 10th Street • Add 6 doors to the CENTENNIAL — PLAZA SOUTH controls • Remove 5 doors from the CENTENNIAL — PLAZA WEST controls • Add 7 doors to the CENTENNIAL — PLAZA WEST controls • Door locations are identified in the diagram called Addendum 3 — Door Locations ***We need signed corm on file. Thank your** Addendum received by: LONG Building Technologies FIRM 5001 South Zuni Street ADDRESS Littleton, CO CITY AND STATE Richard Coleman BY rcoleman@long.com EMAIL September 22, 2020 8 T ® ACORD CERTIFICATE OF LIABILITY INSURANCE �� 8/1/2021 DATE (MM/DD/YYYY) 10/16/2020 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 Lockton Companies 8110 E. Union Avenue Suite 700 Denver CO 80237 (303) 414-6000 CONTACT NAME: PHONE FAX No. Ext): (PJC, No): E-MAIL/C. ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : The Phoenix Insurance Company 25623 INSURED LONG Building Technologies, Inc. 1409467 5001 South Zuni Street Littleton, CO 80120 1050.200442 - Weld County 4 -Building Add INSURER B : The Travelers Indemnity Company 25658 INSURER C : Travelers Property Casualty Co of America 25674 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 17062885 REVISION NUMBER: XXXXXXX 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. INTR ADDL,TYPE OF INSURANCE NSD SWUBR VD'' POLICY NUMBER POLICY EFF {MMlDDIYYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY N N DT-CO-9P669324-PHX-20 8/1/2020 8/1/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR ,I DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 15,000 X WA,WY--Stop Gap Incl ICI, PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ C AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY N N DT-810-9P669324-TIL-20 8/1/2020 8/1/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX $XXXXXXX C X UMBRELLA LIAB EXCESS LIAB X OCCUR N N CLAIMS -MADE', CUP -3J934357-20-26 8/1/2020 8/1/2021 EACH OCCURRENCE $ 10,000,000 $ 10,000,000 AGGREGATE DED J I RETENTION $ 10,000 I $ XXXXXXX B 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 N N / A UB-9P669324-20-26-G I 8/1/2020 8/1/2021 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 _ E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION See Attachments 17062885 Weld County Government PO Box 758 Greeley CO 80632 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-20 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Miscellaneous Attachment: M519927 Master ID: 1409467, Certificate ID: 17062885 Policy #DT-CO-9P669324-PHX-20 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section III - Limits Of Insurance. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or CG D2 46 08 05 "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is PAGE 1 OF 2 Miscellaneous Attachment: M519927 Master ID: 1409467, Certificate ID: 17062885 available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under such "other insurance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period CG D2 46 08 05 PAGE 2 OF 2 Miscellaneous Attachment: M519930 Master ID: 1409467, Certificate ID: 17062885 Policy #DT-CO-9P669324-PHX-20 COMMERCIAL GENERAL LIABILITY CG D3 16 11 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured - Newly Acquired Or Formed Organizations F. Who Is An Insured - Broadened Named Insured - Unnamed Subsidiaries G. Blanket Additional Insured - Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or property for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Paragraph 2. of SECTION I - COVERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I -COVERAGES - COVERAGE A. BODILY H. Blanket Additional Insured - Lessors Of Leased Equipment I. Blanket Additional Insured States Or Political Subdivisions - Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability - Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1)(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion - All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to "premises damage" as described in Paragraph 6. of SECTION 111 - LIMITS OF INSURANCE. Miscellaneous Attachment: M519930 Master ID: 1409467, Certificate ID: 17062885 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SECTION III - LIMITS OF INSURANCE: Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract"; 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property damage" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV -COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. Page 2 of 6 C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS - COVER- AGES A AND B of SECTION I - COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS - COVER- AGES A AND B of SECTION I - COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (I) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medical technician or paramedic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. Miscellaneous Attachment: M519930 Master ID: 1409467, Certificate ID: 17062885 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of flood or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured. E. WHO IS AN INSURED - NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION 11 - WHO IS AN INSURED: Page 3 of 6 4. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, of which you are the sole owner or in which you maintain the majority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that organization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED - BROADENED NAMED INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION II - WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declarations is a Named Insured if you maintain an ownership interest of more than 50% in such subsidiary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an offense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such subsidiary. Miscellaneous Attachment: M519930 Master ID: 1409467, Certificate ID: 17062885 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED - OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is committed, subsequent to the execution of that contract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or noncontributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other insurance. Page 4 of 6 H. BLANKET ADDITIONAL INSURED - LESSORS OF LEASED EQUIPMENT The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is committed, subsequent to the execution of that contract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non-contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other in- surance. I. BLANKET ADDITIONAL INSURED - STATES OR POLITICAL SUBDIVISIONS - PERMITS The following is added to SECTION II - WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required Miscellaneous Attachment: M519930 Master ID: 1409467, Certificate ID: 17062885 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products -completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II - Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: (a) Any individual who is: (I) A partner or member of any part- nership or joint venture; Page 5 of 6 (3) (i) A manager of any limited liability company; or (ii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a requirement that the discharge, release or escape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS: Miscellaneous Attachment: M519930 Master ID: 1409467, Certificate ID: 17062885 If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: CG D3 16 11 11 Page 6 of 6 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY - RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Miscellaneous Attachment: M519928 Master ID: 1409467, Certificate ID: 17062885 COMMERCIAL AUTO Policy #DT-810-9P669324-TIL-20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COVERAGE: Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of Section II - Liability Coverage: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and PAGE 1 OF 4 H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. Miscellaneous Attachment: M519928 Master ID: 1409467, Certificate ID: 17062885 CA T3 53 02 15 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV - BUSINESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - COVERED AUTOS LIABILITY COVERAGE Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II - COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. The following replaces Paragraph A.2.a.(4), of SECTION II - COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV - BUSINESS AUTO CONDITIONS: similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Covered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II - COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Paragraph C., Limits Of Insurance, of SECTION II - COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. Miscellaneous Attachment: M519928 Master ID: 1409467, Certificate ID: 17062885 5. Anywhere in the world, except any country or jurisdiction while any trade sanction, embargo, or PAGE 2OF4 (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory insurance requirements. (d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., Deductible, of SECTION III - PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Paragraph A.4.b., Loss Of Use Expenses, of SECTION III - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION III - PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Coverage Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing apparel and other personal property which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclusions, of SECTION 111 - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1.000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV - BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: Miscellaneous Attachment: M519928 Master ID: 1409467, Certificate ID: 17062885 (a) You (if you are an individual) PAGE 3 OF 4 (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV - BUSINESS AUTO CONDITIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex - PAGE 4OF4 CA T3 53 02 15 tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV - BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Miscellaneous Attachment: M519929 Master ID: 1409467, Certificate ID: 17062885 TRAVELERS ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY Policy #UB-9P669324-20-26-G ENDORSEMENT WC 00 03 13 (00)-01 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE DESIGNATED ORGANIZATION: Any Person or Organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. Attachment Code: D574358 Master ID: 1409467, Certificate ID: 17062885 COMMERCIAL GENERAL LIABILITY Policy #DT-CO-9P669324-PHX-20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury' caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work' to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the fdlowing provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. b. The insurance provided to such additional insured does not apply to: (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury' or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. (2) If a claim is made or "suit" is brought against the additional insured: CG D2 46 0419 © 2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Attachment Code: D574358 Master ID: 1409467, Certificate ID: 17062885 COMMERCIAL GENERAL LIABILITY (3) (a) Immediately record the specifics of the claim or "suit' and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit' as soon as practicable. Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit' to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. Page 2 of 2 © 2018 The Travelers Indemnity Company. All rights reserved. CG D2 46 04 19 Contract Form Entity Information New Contract Request Entity Name* Entity ID* LONG BUILDING TECHNOLOGIES, INC 411.',00018151 Contract Name* CONTROLLED ACCESS DOORS 3 BUILDINGS Contract Status CTB REVIEW Contract Description* CONTROLLED ACCESS DOORS FOR 3 BUILDINGS BID X20-177 Contract Description 2 Contract Type* CONTRACT Amount* S140,175.00 Renewable* NO Automatic Renewal Grant !GA Department BUILDINGS AND GROUNDS Department Email CM- BuildingGroundscreveldgov.c OM Department Head Email CM-BuildingGrounds- DeptHeadeldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY gWELDG OV.COM ❑ New Entity? Contract ID 4173 Contract Lead* SGEESAMAN Contract Lear! Email sgeesaman@co.weld.co.us Requested BOCC Agenda Date* 10126;`2020 Parent Contract ID Requires Board Approval YES Department Project # Due Date 10 22:'2020 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a I4tSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 02 22.2021 Termination Notice Period Committed Delivery Date Expiration Date' 03;"01/2021 Contact Information Contact Info Contact Name Purchasing Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head TOBY TAYLOR DH Approved Date 10119'2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 10/26;2020 Originator SGEESAMAN Hnance Approver CHRIS D'OVlD1O Legal Counsel BOB CHOATE Finance Approved Date Legal Counsel Approved Date 10: 20; 2020 10; 20:2020 Tyler Ref #F AG 102520 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www,co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 September 30, 2020 To: Board of County Commissioners From: Toby Taylor Subject: Controlled Access Doors — Bid 2000177 As advertised this bid is for controlled access doors at current building remodels of Public Works, Clerk & Recorder, Crime Lab Evidence and Centennial Center. The low bid from Long Building Technologies meets specifications. Therefore, Buildings & Grounds is recommending awarding to Long Building Technologies in the amount of $140,175.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 10bkt 2.92O- 29#7"9' g&®©2 WELD COUNTY PURCHASING 1150 O Street, Room #107, Greeley, CO 80631 E -Mail: cmpeters@weldgov.com E-mail: reverett(a�weldgov.com E-mail: rturf(a�weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: SEPTEMBER 29, 2020 REQUEST FOR: CONTROLLED ACCESS DOORS - 3 BUILDINGS DEPARTMENT: BUILDINGS & GROUNDS BID NO: #82000177 PRESENT DATE: SEPTEMBER 30, 2020 APPROVAL DATE: OCTOBER 14, 2020 ESTIMATED START DAYS FOR VENDOR TOTAL DATE COMPLETION LONG BUILDING TECHNOLOGIES $140,175.00 EXECUTED DEC/JAN 5001 SOUTH ZUNI STREET CONTRACT LITTLETON, CO 80120 ESTIMATED 10/15 THE DEPARTMENT OF BUILDINGS & GROUNDS IS REVIEWING THE BID. 2020-2979 awl /30 �uGoa2� Hello