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Home My WebLink About20195106.tiffaz. ract =.p IT 33-1 Co AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & KILGORE CONSTRUCTION JAIL COURTROOM RENOVATION THIS AGREEMENT is made and entered into this 20 day of January , 20 20 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 Kilgore Construction whose address is 38 Jessup Street Brighton, CO 80601, hereinafter referred to as "Contract Professional". 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 terms 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. B1900154". 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 confirms 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 term 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 4r2IL otia1iao V.24.2-0 Q0(9 -510(0 5C700 l 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 $62,830.00, 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. 8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this 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 information 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 warrants 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. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor. 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 term 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 make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. 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: Kilgore Construction Attn: Mike Kilgore Address: 38 Jessup St. Address: Brighton, CO 80022 E-mail: mkilgore911@yahoo.com Telephone: (303) 637-0356 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street, Greeley, CO 80632 Address: PO Box 758 E-mail: ttaylor@weldgov.com Facsimile: 970.304.6532 18. Compliance with Law. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 19. 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. 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 instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 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 funds 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 E -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 20th day of January 2020. CONTRACTOR: Kil2or n ruction By: Name: Mike Kilgore Title: Owner of Kilgore Construction Date 1-20-2020 JanSarnrrlinR (:avcaman Prniert ('nnrrlinatnr WELD CO w ATTEST. BOARD OF COUNTY COMMISSIONERS Weld ' o nt Clerk to the Bo- d WELD COUNTY, COLORADO BY: Deputy Clero the Boarrelilianow p. �+ n'�►� Mike Freeman, Chair JAN 2 7 2020 020/9- NV06 REQUEST FOR BID WELD COUNTY, COLORADO 1150 STREET GREELEY, Co 80631 DATE: NOVEMBER 21, 2019 BID NUMBER: B1900154 DESCRIPTION: JAIL COURTROOM RENOVATION MANDATORPRE-BID CONFERENCE DATE: DECEMBER 3, 201B BID OPENING DATE DECEMBER 17, 2019 1. NOTICE TO BIDDERS: The Board of County Commissioners f Director (collectively referred to herein as, Exhibit A id We9d County, Colorado, by and through its C eld County"), wisfles to purchase the following: JAIL COU REN ntro Der/Purchasin A mandator prenbLd conference will be held at 10.00! Alton December 3a 2019 at the Weld County J o located at 2110 O Street, Greeley, CO 80631, to respond to written and oral questions and to provide any needed additional instruction to Architectural, Engineering and General Contracting firms on the submission of bids. Bidders must participate and record their presenc at the pre -bid confere=nce to be &lowed to submit bids. \.J Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administration Building, 1150 O Street, Ro m #107, Greeley, CO 80631, until 10:00 AM on ec mb r 17% 2019 Meld County Purchasing Time Clock. PAGES 1 10 OF THIS REQUEST FOR CONTAIN GENERAL INFORMATION FOR THE REQUEST`, NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1--10 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 10. 2. INVITATION TO BID: Weld County requests bids for the purchase of the ab ve-listed merchandise, equipment, and/or services. Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bide Merchandise and/or equipment shall be deliver: d to the lacy tion(s) specified herein. You can find information concerning this request at two locations: •n the Weld County Purchasing ve►bsite at h a :11wwweld ov. om/de artments/ourchasinc/bid.s _.proposals located under "-°• I Pr s / Talotions". And, on the Bidnet Direct websitat www.bidnetdirectecom. Weld County Government is a mem.er of tadNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. 'articipating entities post their bids, quotes, proposals, addendums, and awards on this onr centralized system. Bid Delivery to Weld County a 2 methods: 1. bid co r Email. Ernailed bids are preferred. Bids may be emailed t.: bids w e I d g o v n comp Emailed s must include he following stat m ent on the email: ddl hereby waive my ri g ht tcwj a sealed bid91. An email firmati .,n will b sent when we receive your bid/prop sal_ If more than one copy of the bid is uesled, y u must sub.. =it/mail hard c•pies of the bid proposal. q a 2. Vail or Hand Delivery. Mailed (or hand delivered) bids shuld be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing _rat partment, 1150 O Street, Room #107, Greeley, CO 80631. 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 corpc.rations must be signed with the legal name of the corporati:•,n, 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 type=,d or printed below ;he signature. A bid by a pers•'n who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of that officer signing on behalf of a corporation shall be furnished. AD corrections or erasures shall be initialed by the person signing the bid. AD 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. Bids may be withdrawn upon written req jest 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. 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 C unty Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. 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 compeitive in price and qualify. Weld County reserves the right to reject any i nd 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. Familiarization with the Work: Before submitting his Bid, each pr. spectiv-1 Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all local, stat : and federal l;4ws, ordinances, rules, regulations and ther factors affecting performance of the Work. He shall carefully correlate his observations with requirements of the Contract Documents and Drawings and *theme/Ise satisfy himself of th expense and difficulties attending performance of the Work. The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this paragraph. Interpretation of Contract Documents to Prospective Bidders: Any prospective Bidder who discvers ambiguities or is in doubt as to the true meaning of any part of the Contract Documents or Drawings shall make a request to the Engineer fr an interpret Lion thereof. Interpretations will be made only by Addenda, duly issued, and copies of each Addendum will be mailed or delivered to each Contract Document holder of record. Unless approved by the Controller/Purchasing Director, no interpretation Addenda will be issued within the last seven () days before the date set for opening of Bids. The Bidder shall be solely responsible for any interpretation of the Contract Documents or Drawings other than by duly issued Addenda. Pre eretion of the Bid: 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 Bidd-r. Bids by partnerships must be executed in the partnership name and signed by a partner. His title must appear under his signature and the official address of the partnership must be shown below the signature. B1900154 2 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. Names of all persons signing must be printed below their signatures. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. Modification or Withdrawal of Bid: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed, and delivered to the place where Bids are to be submitted at any time prior to the final time set for receiving Bids. Bidders may modify or withdraw Bids by electronic communication at any time prior to the time set for receiving Bids provided the instruction is positively identified. Any electronic modification should not reveal the amended Bid price, but should provide only the addition, subtraction or modification. A duly executed document confirming the electronic modification shall be submitted within three days after Bids are opened. The Controller/Purchasing Director may at her sole discretion, release any Bid at any time. 4. AWARD AND EXECUTION OF CONTRACT Basis of Award: Only firm Bids will be considered. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose Bid compares favorably upon evaluation with other Bids. Weld County intends to award the Contract to the lowest responsible Bidder within the limits of funds available and to best serve its interests. The County reserves the right to waive informalities and/or irregularities and to reject any or all bids. Evaluation of Bids: The evaluation of Bids will include consideration of Subcontractors and suppliers. All Bidders shall submit a list of all Subcontractors he expects to use in the Work with the Bid. The experience statement with pertinent information on similar Projects shall be furnished with the name of each Subcontractor proposed to perform work on the project. The use of Subcontractors listed by the Bidder and accepted by County prior to the Notice of Award will be required in the performance of the Work. All Bidders shall submit with their Bid a list of the suppliers as indicated in the Bid Forms. Contract Execution: The successful Bidder shall be required to execute the Contract and to furnish the Performance Bond, Labor & Materials Payment Bond and Certificate of Insurance within ten (10) calendar days of receipt of the Notice of Award. The Certificate of Insurance shall name Weld County as additional insured. Failure to execute the contract and furnish the required paperwork within the time frame mentioned above shall be just cause for the annulment of the Award and, in the event of such annulment, the Award may then be made to another Bidder, or the County may reject all Bids or call for other Bids. The County, within ten (10) days of receipt of acceptable Performance Bid, Labor& Materials Payment Bond, and signed Contract from the successful Bidder will issue the Notice to Proceed. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, 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 RFP. 5. PERFORMANCE, LABOR, MATERIAL AND PAYMENT BOND The successful Bidder shall be required to execute the Performance Bond and Labor & Materials Payment Bond in the amount of 100% of the Contract plus the value of the force account items, covering the faithful performance of the Contract and the payment of all obligations arising there -under. The Bonds shall be executed on the forms included with the Contract Documents by a surety company authorized to do business in the State of Colorado and acceptable as surety to Weld County. The Bidder shall deliver the Bonds to the Owner not later than the date of execution of the Contract. B1900154 3 6. INDIRECT COSTS Governmental Fe='s: The cost of all construction licenses, building and other permits, and governmental inspections required by public uthoriti s for - erformin the Work, which are applicable at the tme Bids are opened � � �.. � r, and which are not specified to be obtained by the Coun ► shall be included in the Bid price. . oyaltie : The cost of all royalties and license fees on equipment and materials to be furnished and incorporated in the Work shall be included in the price. d Utilities: Unless otherwise specified, the Bidder shall include in his Bid the cost of all electrical, water, sanita Was` ephone, and similar facilities and services required by him in performing the Work. Cash Allowances: Tim Bidder shall include in his Bid such sums as he deems proper for overhead costs end profits on account of cash allowances named in the Bid Documents. 7. SITE CONDITIONS F miliariza ion with the Site: The prospective Bidder shall by careful examination, satisfy himself of the loll wing: Nature and location of the site where the Work is to be performed. Character, quality, and quantity of surface and subsurface materials, water, structures and utilities to be encountered. Character of construction equipment and facilities needed for performance of the Work. General local condi ions. Availability of lands as set forth in the General Conditions. ,j Access to the Site: The Bidder shall carefully review the -rawings end the Project Special Conditions for provisions concerning access to the site daring performance of the Wort The Bidder shall carefully review the locations of the site where the work is to be pert rmed. The Bidder shall make II arrangements, as deemed necessary, for access t• property outside oCounty Right of Way prior to beginning the work • O SUCCESSFUL BIDDER HMO N CTICES — ILLEGAL ALIENS Successful bidder certifies, warrants, ;nd 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 ar newly hired for employment in the United St�.jtes to perform work under this Agreement, through participation in the F -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Suc essful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontract ,• r that fails to certify with Successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre-epl.yient screening or job applicants while this Agreement is being performed Of Successful bidder obtains actual knowledge that a subcontractor performing work under the public contact for services knowingly employs or contracts with an illegal alien Successful bidder shall notify tht subcontractor and County within three (3) days that Successful bidder has actual knowledge that subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employinc .r contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Success -cull bidder shall comply with reasonable requests made: in the course of an investigation, undertaken pursuant to C.R.S. §8=17.55-' C2(5), by the Colorado Department of =abor and Employment. If Successful bidder participates in the State of Col.rA0 program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retairiec file copies of the B1900154 4 documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to Cunty, a written notarized affirmation that it has examined the legal work status of such empl yee, and shalt comply with all of the other requirements f the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so termin;.ted, Successful bidder shall be liable for actual and consequential damages. * ,;. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5- 103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to f--deral 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-` 03 prior to the effective date of the contract. 9. GENERAL PROVISIONS A. Fund Availability: Financial obligations of the Weld County payable after the current fiscal year are contingent upon funds for that purposfn being appropriated, budgeted and otherwise made avaiLible. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and other Cttnfidentlal Information: Weld County discourages bidders fro _ submitting confidential information, including trade secrets, that cann of be disclosed to thr public. If necessary, confde:n'ial information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq., the Colorado ; pen Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)( )(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIL.", staff will review the confidential mabrials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be respnsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated js an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. C. G vernmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express .r implied, of any of the immunities, rights, benefits, protections or ther provisions, of the Colorado Governmental Immunity Act §§24-1 0-1 01 et seq., as applicable now or here, per amend :d. 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 rasp nsible for its acts and those of its agents and employ es for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or empl,•yee thereof shall be deemed to be ;11 agent or employee of Weld County. The successful bider 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 .r any of its agents or employees. Unemployment insurance benefits will bt* 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 Of applicable) incurred pursuant to the contract. The successful bidder shall not haveiuthorization, 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 responsibiliti-;s with regard to workers' c.mpensatin B1900154 5 and unempiyrr ent 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 enforcernet of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly in served 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. 'J 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 I:- + al cos..s incurred by or on behalf of th r 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 nd PerformaricPr: 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 t. perform and complete the project. The successful bidder shall faithfully perform the work in accordance with the standards oaf professional care, skill, training, diligence and judgment provided by highly competent contractors performing construction services of a similar nature to those described in this Agreement. 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 t le terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County 'or such additional services is not timely executed and issued in strict accordance with this Agreement, The succ=essful bidder's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. N. Subcontractors: The successful bidder acknowledges that County has entered into this Ai+ reement 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, B1900154 6 which may be withheld in County's sale 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 twhom 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 &ervices to be performed by the su contractr, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligati+lns 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 resp•nsible for the acts and omissions of its agents, employees and subcontractors. O. rranty0 Con tractor warrants that construction servic s performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all construction services shall be performed by qualified personnel in a professional and wrkmanlike manner, consistent with industry standards, and that all construction services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or perkrmance. This warranty shall commence on the mate of County's final inspection and acceptance of the Project. rkc n® Msa nment. The successful bidder m-- y not assign or transfer this Agreement or any interest therein or claim thereunder, without the pri or written approval .f C unty. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the opti+n of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent m, y be granted or denied at the sole and absolute discretion of County. S Interruptions. Neither party to this Agreement shall be liable-: to the other for delays in delivery or failure ?o deliver or ,•otherwise to perform any obligation under this Agreement, where such failure is due to any cause beynd its reasonable control, including but not limned to Acts of God, fires, strikes, war, flood, earshquakes or Governmental actions. NonmExclusive Agreement. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform servics of the same or similar nature. S. Employee Fi (r ncaal Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24®50x507. The signatories to this agreement agree that to their knowledge, no emplyee 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 n• interest an 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 enage 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 ten capable of execution within the original intent of the parties. U. Cornpla nice yeah avis= ncon Wage Rates. The successful bidder understands and agrees that, if required by the Scope of wo k, the work shall be in compliance with the Davis -Bacon wage -Rates. 81900154 V. Boy rd ,• f County Commissioners of Weld County Approval. This Agreement shall not oe valid until it has been approved by the Board of County Commissioners. W. Compensation Amount. Upon the successful bidder's successful completion of the construction of the Project, 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 Cunty unless a "change order" authorizing such additional payment has been specifics Ily approved by the rector of Weld County Public Works, 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 successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate rep•rting and payment of any taxes related to payments made pursuant to the terms of this Agreement 10. INSURANCE REQUIREMENTS General Rq itements: Successful bidders/Contract Professionals must secure, at or before the time .f execution of any agreement or commencement of any work, the following insurance cvering all operations, goods or services provided pursuant to this request. Successful bidders/Contract Professionals shall keep the required insurance coveragin 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 Controeler/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 •f premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Successful bidder/Contract Professional. Successful bidder/Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder/Contract Professional to provide a bond, at n• cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder/Contract Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason if its failure to obtain or maintain insurance in sufficient amp ants, duration, or types. The succr-ssful bidder/Contract Professional shall maintain, at its wn =expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all construction services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and cornett any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agree rt ;ent or its failure to comply with the provisions of the Agreement, or on 1000154 8 account of or in consequence of neglect of The successful bidder in its construction methods or orcedurcts; 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 ether law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In c nsideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by tie successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. TyPes of Insurance: The successful bidder/Contract Professional shall obtain, and maintain at all times during th term of any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's Contract Professional's employees acting within the course and sc ape of their employment_ Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Minimum Limits: Coverage A (Workers' Compensation) Coverage B (Fmpl„ytrs Liability) $ $ Statutory 500,000 500,000 500,000 Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, explosit ns, collapse and underground h.-ard, personal advertising injury, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, liability assumed under an insured contract (including defense costs assumed under contract, designated construction projects(s) general aggregate limit, ISO CG 2503 or equivalent additional insured owners, lessees or successful bidders endorsement, IISO Form 2010 or equivalent, additional insured -owners, lessees or successful bidders endorsement, IS* CG 2037 or equivalent, the policy shall be endorsed to include the following additional insured language on the additional insured endorsements specified above: "Weld Cunity, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its electec officials, trustees, employees, agents, and v{ lunteers named as an additional insured with respect to liability and deft -rise of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations" and the minimum limits must be as follows: $1 ,1000,000 each occurrence; $2,®00,000 general aggregate; $2,000,000 products and completed operations aggregat $1,000,000 Personal Advertising injury $50,000 any one fire; and $500,000 errors and omissions. $5,000 Medical payments one person automobile Liability: Successful bidder/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. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims -made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. 61900154 9 Successful bidders/Contract Prof* ssionals shall secure and delivfr.r 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 mew be extended as herein provid 3d, 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 reserrts the right to require the successful bidder/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 discrtion. Additional Insureds: For general li- bility, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder/Contract Professional's insurer shall name County as an additional insured Waiver of Subro a on: For all coverages, Successful bidder/Contract Professional's insurer shall waiv subrogation rights against County. 144) Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Successful bidder/Contract Professional. Successful bidder/Contract Professional shall include all such subcontractors, independent contract Drs, sub - vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder/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. A provider of Professonall SeNkres (as refined one the dad or REP) shall provide the following coverage: Professional Liability: Contract Professional shall maintain limits of $1,000,000 for :-each claim, and $2,000,0•0 aggregate limit for Ali claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained oy reason of or in the course of operations under this Contract resulting from professional services provided by the successful bidder as part of the Contract. Successful Bidders Pollution Liabiliy.- Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos) that may arise from the oper«1tins of the successful bidder described in the Successful bidder's scope of services. Policy shall cover the successful bidder's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of rtfrase of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbest: s). If the coverage is written on a claims -made basis, the successful bidder warrants that any retroactive date applicable :o coverage under the policy precedes the e►¢ective date of this Contract; and that continuous cverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, &nd volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations79 Minimum Limits: Per Loss $ 1,000,000 Aggregate $ 1,000,000 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. B1900154 10 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Weld County Jail Courtroom Renovation Weld County Government is soliciting bids from contractors to renovate the courtroom located within the Weld County Jail. The location of the project is 2110 O Street Greeley, CO 80631. The renovation consists of constructing a new raised judges' bench and partial partition walls to enclose the attorney well. The scope of the project includes: 1. Attached are the construction documents for this project. 2. Construct new platform, bench and walls as shown in drawings. 3. Repair / replace acoustical ceilings that have been disturbed during construction. 4. Paint all new and existing drywall and CMU walls, door and steel window frames in the courtroom 5. All lighting and power changes to be per electrical drawings. 6. All furniture removal and replacement and data will be by the County. 7. All carpet installation will be responsibility of County. 8. Davis -Bacon and Buy American requirements are NOT required. 9. Bid bond is not required. However, a payment and performance bond are required if bid is over $50,000.00. 10. Based on a contract being ready on January 6th, provide the completion time for this project. 11. The sequence for construction must be that work can only be performed on Monday through Thursday. This will allow for the Courtroom to be put back into service on Friday so the court proceedings could still be held on Saturday. Contractor will need to coordinate construction sequence/progress to ensure this can be done each week until project is complete. 12. The project will be permitted through the Weld County Building Department. Fees for permits will be waived. START DATE FINISH DATE TOTAL PRICE A mandatory preabid conference will be held on December 3, 2019 at 10:00 ANA at the Weld County Jail located at 2110 O Street, Greeley, CO 80631. Bids will be received up to, but not later than December 17, 2019 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). 61900154 11 The ° by his or her &f• nature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #B1900154. 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 a - ,:.ount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS BY (Please print) CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE DATE FAX TAX ID # E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR r ID** ER ATTEST: I U TY IS EXEMPT FROM COLS .`' A I • S.'». LES T ES. THE CERTIFICATE OF EXEMPTION = 8®03551400 ° `L O N A T NEE TO SE AC PAGES 1 10. BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the oard WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO SUBSTANCE Elected Official or Department Head Controller/Purchasing Director B1900154 12 Jail Courtroom Renovation B1900154 Questions & Answers 1. Can all the new case work be built, stained and finished on site in the jail courtroom? No, all new case work should be built, stained and finished off s ', assembled with minor touch up stain and finish on site. can be brought in a n d 2. Can the floor be bored, or trenched to conceal the electrical raceway? Yes, the contractor may use either method. However, a location under the floor for the pathway has not been located. So, if boring is chosen then repairing any access for pathway shall be included in the base price. 3. Who is responsible for the flooring? The contractor wilremove old flooring and prep the floor for new floor, the owner will provide and install new floor. 4. Brand and type of floor box? Hubbell B421.4 with S3825 and S2425 covers, or equal. Other boxes and covers will be considered. Sa Brand and size of wire way? Wiremold 2400D Series, divided raceway with snap cover 7/8"H x 1 29/32"W. 6. Could conduit be installed in place of wire way? Only where concealed 7 Could floor be cut to raised floor area and pipes tied in under floor access panel? Yes. B. 7/8" hat channel will not provide enough room to run conduits or flex to move devises per drawing. Possibly deeper channel? A deeper channel may be used; but use the smallest necesso \ 9. Does the Client understand that to get book matched material, they are talking about Plain Sliced, which consists only partially of the "Cathedrals" they are requesting? We could go rotary getting more "Cathedrals," but that would eliminate book matched material. The contractor may submit a sample for approval for items not meeting specification. However, there is no guarantee the substitute will be accepted. 10. What is the hardware for the gate? The hinge shall be a SOSS 220 or equal. The final size and configuration of tie binge shah be compatible with the final built dimensions of the gate and waft. 11. What is the counter top material at the Judges Bench 02/ 03/A-33 Elevation, 0S/A-33 Section. The top will be lainated oak plywood with oak nosing. 12. At the Judges Bench, there appears to be 18" W x 6" under counter drawers. What is the depth of drawers and how do you want to mount them? The drawers are to be approximately 20" deep, mounted to full extension slides. Slides shall be supported by 3/4" plywood sides mounted to the top. 13. Will there be a Finish Schedule issued? There are only a few finishes. A schedule is not necessary 14. Is the GC only responsible to run conduit for data & sound? Yes, the owner will handle the actual cable for data and sound. 15. Is the wall covered in Carpet included in this scope of work? No. 16. When we set back up for court on Saturdays how do we want to handle the Judges counter? The existing is removed, do we need to work around removing existing until we have new one ready to go in? How do you see that going for court? The entire judge's backdrop and bench shicAik mostly fabricated off site. Then brought in hi sections within the timefrarne allowed so the bench could be torn down at the beginning of the week and made operational by the weekend. if there are some pieces not quite finished, they would be taken care of the following weeds. 17. Will a bid bond be required with bid? No Christie Peters From: Sent: T e Subject: Attachments: michael kiigore <mkilgore911@yahoo.com> Tuesday, December 17, 2019 9:17 AM bids Re: Jail courtroom renovation Scan 73.pdf; Scan 72.pdf; Scan 75.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please find the attached PDF files as our bid for the jail courtroom renovation Mike Kilgore I Kilgore Construction 38 Jessup St. I Brighton,Co. 80601 303-637-0356 t Ikflgor e9'l . ci_ , j`ah000, con 1 Exhibit B ADDENDUM#i BID REQUEST NO B1900154 B1.100154 JAIL COURTROOM RENOVATION uildiugs & Grounds Dept. I have received and reviewed the updated plans which show changes on sheet F,-1 of the plan set to accommodate the AV. **we need signed copy on file. Thank You!*** Addendum received by: FIRS (71 ADDRESS G CITY ND STATE l 1rA Cr The BY T I ioN291711f FI ATJ, December 13, 2019 s tiC C C‘--0 Exhibit B SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Weld County Jail Courtroom Renovation Weld County Government is soliciting bids from contractors to renovate the courtroom located within the Weld County Jail. The location of the project is 2110 O Street Greeley, CO 80631. The renovation consists of constructing a new raised judges' bench and partial partition walls to enclose the attorney well. The scope of the project includes: 1. Attached are the construction documents for this project. 2. Construct new platform, bench and walls as shown in drawings. 3. Repair / replace acoustical ceilings that have been disturbed during construction. 4. Paint all new and existing drywall and CMU walls, door and steel window frames in the courtroom 5. All lighting and power changes to be per electrical drawings. 6. All furniture removal and replacement and data will be by the County. 7. All carpet installation will be responsibility of County. 8. Davis -Bacon and Buy American requirements are NOT required. 9. Bid bond is not required. However, a payment and performance bond are required if bid is over $50,000.00. 10. Based on a contract being ready on January 6t", provide the completion time for this project. 11. The sequence for construction must be that work can only be performed on Monday through Thursday. This will allow for the Courtroom to be put back into service on Friday so the court proceedings could still be held on Saturday. Contractor will need to coordinate construction sequence/progress to ensure this can be done each week until project is complete. 12. The project will be permitted through the Weld County Building Department. Fees for permits will be waived. START DATE FINISH DATE 2 -2'1 TOTAL PRICE G'2,j A mandatory pre -bid conference a be held on December 3., 20049 at 10:00 AM at the weld County Jail located at 2110 O Street, Greeley, CO 80631. Bids will be received up to, but not later than PURCHASING TIME CLOCK). B1900154 December 17 2019 at 10:00 AM (WELD COUNTY 11 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for bid for Request No. #B4900154. 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 Bid contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM r r\ Cc' bIN BY BUSINESS ADDRESS CITY, STATE, ZIP CODE U kc ` 4 o (Please print) .1 DATE I � ' TELEPHONE NO / ~: ` 7 'CIFA( TALC ID # E-MAIL V� . I �- f 2WI 4- SIGNATURE .� I **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. DO NOT NEED TO SEND BACK PAGES 1 — 10. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Barbara Kirkmeyer, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director B1900154 12 ALc©R l r a`�� J CERTIFICATE OF LIABILITY INSURANCE DATE (IIMIDDIYYYY) 12/27/2019 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: {f 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 Cake Insure 1624 Market St, Ste 226, #63440 Denver, CO 80202-5926 CONTACT NAME: PHONE I FAX LA/C. No. Esti: FAC. No): Aooaess: support@cakeinsure.com INSURERS} AFFORDING COVERAGE NAId INSURERA: Pinnacol Assurance 41190 INSURED Kilgore Construction 38 Jessup St. Brighton, CO 80601 INSURERB: INSURER C: INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL OHO SUBR WW1 POUCY NUMBER POLICY EFF (MWDD/YYYY) POLICY EXP DRIA/DEVYYYYI LIMITS CONBAERCIALGENERAL LJABLITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence) $ I CLAIMS -MADE OCCUR MED EXP (Any one person) S PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLES PER: LOC PRODUCTS - COMP/DP AGG $ $ AUTOMOBILELIABIIJTY ANY AUTO OWNED ^ SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accdmrt) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAO EXCESS LIAB — OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ �D I 1 RETENTION S A WORKERSCOMPENSATION AND EMPLOYERS" LIABILITY Y ANNPROPRIETORIPARTNERIEXECUTiVE OFFICERIMEMBEREXCLUDED4 (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below N N/A N 2503907 12/06/2019 12/06/2020 XOTH- PER ER EL EACH ACCIDENT $ 1,000,000 E.L. DICFASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space is required) tenant improvement CERTIFICATE HOLDER CANCELLATION Weld County 1105 H Street Greeley Co 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Shannon Lyle Quality and Compliance ACORD 25 (2016/03) ® 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD a002M000010vXtmQAE CERTIFICATE HOLDER COPY Weld County IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. a002M000010vXtmQAE A3R Og lll...••••• CERTIFICATE OF LIABILITY INSURANCE DATE (/09/20 YWY) 11ro9rzols THIS CERTIFICATE IS ISSUEDASA 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 CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the po Icy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Edemnify LLC 3145 E Chandler Blvd Ste 110-543 Phoenix AZ 85048 CONTACT Francine Perez NAME: PHONE (800) 620-4216 I ea , No): (800) 503-0048 Pic. No. E(AIC E-MAIL francine@edemnify.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC N INSURERA: Security National Insurance Company 19879 INSURED Kilgore Construction 38 Jessup Street Brighton CO 80601 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CL1942230826 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 1MTH RESPECT TO 1M-IICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POUCY NUMBER POUCY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/WYY) LIMITS A X COMMERCIAL GENERAL ICLAIMS -MADE LIABILITY X OCCUR Y Y NA115566203 04/28/2019 04/28/2020 EACH OCCURRENCE $ 1,000,000 ILL)100,000 PREM SES (Ea occur ence) $ MED EXP f Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L 1 AGGREGATE POLICY OTHER: LIMIT APPLIES JERCTT PER: LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NM If yes, describe under DESCRIPTION OF OPERATIONS below N / A I STATUTE UTE I 10Tµ E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Inland Marine IM122930203 04/28/2019 04/28/2020 Misc Tools & Small Equip Deductible 5,000/1,500 min 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder additional insured as required by contract per attached 49-0108 07 11. CERTIFICATE HOLDER CANCELLATION Weld County Buildings & Grounds 1105 H Street Greeley CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (201 6103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number: NA115566203 Endorsement Effective: 4/28/2019 12:01 a.m. Named Insured Mike Kilgore, DBA: Kilgore Construction Countersigned y: iff SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. Location: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. D. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 49-0108 0711 May Include Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 1 Used with permission CI CW A02 10 11 CERTIFICATE OF INSURANCE This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any other contract, such as between the certificate holder and the Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Certificate Holder. WELD COUNTY BUILDING AND GROUNDS 1150 H ST GREELEY, CO USA 80631 Named Insured: MICHAEL KILGORE 38 JESSUP ST BRIGHTON CO 80601-3039 Automobile Liability Insurer Name: Allstate Insurance Company Policy Number. 648790925 1 — Any Auto 2 — Owned Autos Only 3 — Owned Priv. Pass. Autos Only 4 — Owned Autos Other Than Priv. Pass. Autos Only 5 — Owned Autos Subject to No Fault 6 — Owned Autos Subject to a Compulsory UM Law X 7 — Snacifirally r)acrriharl Ai rtng R - Hirorl At itnc Only 9 — Nnnnwnari Ailing Only Policy Effective Date : 06-21-2019 f Policy Expiration Date: 06-21-2020 Limits of $1,000,000 Insurance: BI Per Person Combined Single Limit (each accident) BI Per Accident Description of Operations/Locations/Vehicles/Endorsements/Special Provisions PD Per Accident Interested Party Type: Additional Insured - Project Owner THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE CERTIFICATE HOLDER IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOL DER IS AN ADDITIONAL INSURED, THE POLICY(IES) MUST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH ADDITIONAL INS URED STATUS. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT INDICATED IN SUCH POLICY LANGUAGE OR ENDORSEMENT. Producer. RIPPY INSURANCE INC ,__, __._.. Date: 04-25-19 Authored Repre alive: _ ._---``— CI CW A02 10 11 i Includes copyrighted material of Insurance Services Office, Inc., with its permission Allstate Insurance Company Page 1 of 1 Insured Full Copy Contract Form New Contract Request Entity Information Entity Name* KILGORE CONSTRUCTION Contract Name* JAIL- COURTROOM RENOVATION Contract Status CTB REVIEW Entity ID* @00038200 ❑ New Entity? Contract ID 3376 Contract Lead* SGEESAMAN Contract Lead Email sgeesaman@co.weld.co.us Contract Description * RENOVATE CURRENT COUR I ROOM LOCATED INSIDE THE NORTH JAIL Contract Description 2 Contract Type* CONTRACT Amount* $62,830 00 Renewable* NO Automatic Renewal Grant Department BUILDINGS AND GROUNDS Department Email CM- BuildingGrounds@weldgov.co m Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY A f I ORNEY EMAIL County Attorney Email C M- COUNTYATTORNEY@WELD GOV.COM Requested BOCC Agenda Date* 02/10/2020 Parent Contract ID Requires Board Approval YES Department Project # Due Date 02/06/2020 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 MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 12101/2020 Termination Notice Period Committed Delivery Date Expiration Date* 12/01)2020 ntact Information Contact Info Contact Name Pu' Approval Proces Department Head TOBY TAYLOR DH Approved Date 01/22/2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 01/27/2020 Originator SGEESAMAN Contact Type Contact Email Finance Approver B CONNOLLY Contact Phone 1 Contact Phone 2 Purchasing Approved Date Finance Approved Date 01/23/2020 Tyler Ref # AG 012720 Legal Counsel BOB CHOATE Legal Counsel Approved Date 01/23/2020 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 December 23, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Jail Courtroom Remodel Recommendation (81900154) As advertised, this bid is for remodeling the courtroom in the Jail. The low bid is from Kilgore Construction and meets specifications. Therefore, Buildings & Grounds is recommending award to Kilgore Construction for $62,830.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director Ot/o co 00II-5I0G, 8C.0oaI WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: cmpeters(a weldgov.com E-mail: reverett(weldgov.com E-mail: rturfCa),weldgov.com Phone: (970) 400-4223, 4222 or 4216 Fax: (970) 336-7226 DATE OF BID: DECEMBER 17, 2019 REQUEST FOR: JAIL COURTROOM RENOVATION DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B1900154 PRESENT DATE: DECEMBER 18, 2019 APPROVAL DATE: JANUARY 6, 2020 VENDOR TOTAL START DATE FINISH DATE KILGORE CONSTRUCTION $62,830.00 01/06/2020 02/27/2020 38 JESSUP ST BRIGHTON, CO 80601 CLASSIC CONTRACTORS, INC. $78,125.00 02/17/2020 03/31/2020 PO BOX 2798 LOVELAND, CO 80539 GROWLING BEAR CO, INC $79,079.00 02/01/2020 05/01/2020 2330 4TH AVE GREELEY, CO 80631 RHINOTRAX CONSTRUCTION $81,136.00 02/20/2020 02/28/2020 1035 COFFMAN ST, STE. 110 LONGMONT, CO 80501 TCC CORPORATION $89,015.00 01/06/2020 02/01/2020 609 GRYFALCON CT, UNIT D WINDSOR, CO 80550 ROCHE CONSTRUCTORS $91,700.00 01/06/2020 01/31/2020 361 71ST AVE GREELEY, CO 80634 THE DEPARTMENT OF BUILDINGS AND GROUNDS IS REVIEWING THE BIDS. I 2019-5106 Hello