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Home My WebLink About20190221.tiffAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & FRONTIER MECHANICAL INC. 822 7TH ST. COOLING TOWER REPLACEMENT THIS AGREEMENT is made and entered into this 29th day of January , 2011Q by 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 "0" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Frontier Mechanical Inc. whose address is 2771 W. Mansfield Ave. Englewood, CO 80110, hereinafter referred to as "Contract Professional". WHEREAS, County requires an independent contractor to perform the services required by County and set forth in Exhibit A; 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 B are 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. B1900031". The RFP 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 the Exhibits 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 re-r/iei/P ez, 04- 63O o /99_ o., -02I g 6_o6a ! by County, and shall continue through and until Contractor's completion of the responsibilities described in Exhibits A&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 successful completion of the project, and County's acceptance of the same, County agrees to pay an amount no greater than $240,773.00, 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 othenvise 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. g. 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. 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. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 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. Builder's Risk Insurance: Builder's risk coverage in the amount of $5 million for renovations, repairs made by the Insured at any location (including new locations with total contract cost under $5 million). Commercial General Liability Insurance with the minimum limits as follows: S 1,000,000 each occurrence; $2,000,000 general aggregate; $1,000,000 Personal Advertising injury $2,000,000 products & completed operations aggregate; 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. Pollution Liability: Contractor/Contract Professional shall provide Pollution Liability Insurance if/when it is found that soil has been contaminated. 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. I _ he 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. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contractor: Frontier Mechanical Inc. Attn.: Terry Durbin, Service Manager Address: 2771 W. Mansfield Ave. Address: Englewood, CO 80110 E-mail: tdurbin@frontiermech.net Telephone: (303) 806-5400 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us 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 discriminationand 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. §24-18-2O1 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 orcondition 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-l01 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 perfoini 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 §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 29th day of January , 2019. CONTRACTOR: Frontier Mechanical Inc. By: .4)..,fr <7 . Name: Amy E. tender Title: VP -Operations Date January 29, 2019 WELD T ATTEST: ,,��o.""�GCA•�C,LLo BOARD OF COUNTY COMMISSIONERS Weld Clerk to the B and WELD COUNTY, COLORADO rr ! Deputy CIeto e Bo :row' Mike Freeman, Pro-Tem FEB 0 6 2019 020/ 9-� FRONMEC-01 DENESEB e CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 1/29/2019 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: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CCIG 5660 Greenwood Plaza Blvd. Suite 500 Greenwood Village, CO 80111 INSURED Frontier Mechanical Inc. 3800 S Federal Blvd. Englewood, CO 80110 COVERAGES CERTIFICATE NUMBER: CONTACT Lindsey Murray NAME: PHONE (NC, No, Ext): (720) 330-7935 ADDRESS: LindseyM©thinkccig.com FAX (NC 303 799-0156 INSURER(S) AFFORDING COVERAGE INSURER A : Westfield Insurance INSURER B : Pinnacol Assurance INSURER C : NAIC # 24112 41190 INSURER D : INSURER E : INSURER F : REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, REDUCED BY PAID CLAIMS. TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN INSR TYPE OF INSURANCE ADDL INSD SUBR WVD(MMIDD/YYYY) POLICY NUMBER POLICY EFF POLICY EXP (MMIDD/YYYY) LIMITS LTR A X COMMERCIAL GENERAL CLAIMS -MADE LIABILITY OCCUR CMM8767536 1/1/2019 1/1/2020 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurrence) 500,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PE PER: LOC GENERAL AGGREGATE $ 2,000,000 X X PRODUCTS - COMP/OP AGG S 2,000,000 S A AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY X X CMM8767536 1/1/2019 1/112020 I COMBINED SINGLE (Ea accident) LIMIT 1,000,Q00 S X BODILY INJURY (Per person) $ _ BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS UAB X OCCUR CLAIMS -MADE X X CMM8767536 1/1/2019 1/1/2020 EACH OCCURRENCE $ 4,000,000 AGGREGATE 4,000,000 DED X RETENTION S 0 $ B ' WORKERS AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory If yes, describe DESCRIPTION COMPENSATION LIABILITY EXCLUDED? below Y / N N / A x 4206872 1/1/2019 /1/2019 1/1/2020 /1/2020 X PER . OTH- ER STATUTE EL. EACH ACCIDENT _ '1,000,000 S in N NH) under OF OPERATIONS E.L. - DISEASE EA EMPLOYEE $ 1 1000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 S DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 822 7th Street Cooling Tower Replacement As required by written contract or written agreement, County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners are included as Additional Insured for ongoing and completed operations under General Liability and Automobile Liability on a primary and non-contributory basis. As required by written contract or written agreement, a Waiver of Subrogation in favor of the Additional Insured applies to General Liability, Automobile Liability and Workers' Compensation. Umbrella coverage is follow form to to General Liability, Automobile Liability and Workers' Compensation. CERTIFICATE HOLDER CANCELLATION Weld County 1150 "O" Street Greeley, CO 80631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. Ali rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CMM88767536 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): All rented, owned and occupied locations other than construction projects. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occurrences" under Section I - Coverage A and for all medical expenses caused by acci- dents under Section I - Coverage C, which can be attributed only to operations at a sin- gle designated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each desig- nated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggre- gate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily in- jury" or "property damage" included in the "products -completed operations haz- ard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Des- ignated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declara- tions nor shall they reduce any other Designated Location General Aggregate Limit for any other designated "location" shown in the Schedule above_ 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occurrences" under Section I - Coverage A and for all medical expenses caused by acci- dents under Section I - Coverage C, which cannot be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Ag- gregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. © Insurance Services Office, Inc., 2008 CG 25 04 A 05 09 Page 1 of 2 C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages be- cause of "bodily injury" or "property damage" included in the "products -completed oper- ations hazard" will reduce the Products - completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement, the Definitions Section is amended by the addi- tion of the following definition: "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a rail- road. E. The provisions of Section III Limits of Insur- ance not otherwise modified by this endorse- ment shall continue to apply as stipulated. CG 25 04 A 05 09 Page 2 of 2 POLICY NUMBER: CMM88767536 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All Projects Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occurrences" under Section I - Coverage A and for all medical expenses caused by acci- dents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed op- erations hazard", and for medical ex- penses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Des- ignated Construction Project General Aggregate Limit for that designated con- struction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated con- struction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occurrences" under Section I - Coverage A and for all medical expenses caused by acci- dents under Section I - Coverage C, which cannot be attributed only to ongoing oper- ations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Ag- gregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. © Insurance Services Office, Inc., 2008 CG 25 03 05 09 Page 1of2 C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages be- cause of "bodily injury" or "property damage" included in the "products -completed oper- ations hazard" will reduce the Products - completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the au- thorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section - III Limits of Insur- ance not otherwise modified by this endorse- ment shall continue to apply as stipulated. CG 25 03 05 09 Page 2 of 2 Policy Number: CMM88767536 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, COMMERCIAL GENERAL LIABILITY CONTRACTORS ENDORSE '.; ENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details effecting each coverage please refer to the terms and condi- tions in this endorsement. A. Expected or Intended Injury • Reasonable force B. Liquor Liability Coverage Extension C. Non -Owned Watercraft • Increased to 60 feet D. Non -Owned Aircraft E. Damage To Property - Borrowed Equipment F. Damage To Premises Rented To You G. Personal And Advertising Injury • Contractual Personal and Advertising Injury • Exclusions H. Supplementary Payments • Bail Bonds - $2,500 • Loss of Earnings - $1,000 Is Additional Insureds - Automatic Status • State or Governmental Agency or Subdivision or Political Subdivision Controling Interest • Managers or Lessors of Premises • Mortgagee, Assignee or Receiver • Owners or Other Interests From VVhom Land Has Been Leased • Co -Owners of Insured Premises • Lessor of Leased Equipment J. Who Is An Insured broadened • Joint Ventures / Partnership / Limited Liability Company • Health Care Professionals (Incidental Medical Malpractice) • Individual Owners of Building are Insured's • Newly Formed or Acquired Entities K. Knowledge and Notice of Occurrence L. Other Insurance Condition Amended M. Unintentional Failure To Disclose Hazards N. Waiver of Transfer Of Rights Of Recovery Against Others To Us Automatic Status O. Liberalization P. Definitions • Bodily Injury redefined • Insured Contract redefined • Expanded Personal and Advertising Injury definition A. EXPECTED OR INTENDED INJURY Under SECTION 1, COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE exclusion a. is replaced with the following: a. Expected Or Intended Injury "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This ex- clusion does not apply to "bodily in- jury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property. CC 7137 12 17 Page 1 of 7 B. LIQUOR LIABILITY COVERAGE EXTENSION SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions c. Liquor Li- ability is deleted. C. NON -OWNED WATERCRAFT Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions g.2(a) is re- placed with the following: (a) Less than 60 feet long; and D. NON -OWNED AIRCRAFT Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions g. Aircraft, Auto or Watercraft, the following is added: (6) An aircraft you do not own pro- vided that: (a) The pilot in command holds a currently effective certif- icate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; (b) It is rented with a trained, paid crew; and (c) It does not transport per- sons or cargo for a charge. E. DAMAGE TO PROPERTY BORROWED EQUIPMENT Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions j. is deleted and replaced by the following: j. (3) (4) (5) Damage To Property: (1) Property you own, rent or oc- cupy; (2) Premises you sell, give away or abandon, if the "property dam- age" arises out of any part of those premises; Property loaned to you; Personal property in the care, custody or control of the in- sured; That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing op- erations, if the "property dam- age" arises out of those operations; or (6) That particular part of any real property that must be restored, replaced, or repaired because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to: (i) "property damage" to tools or equipment loaned to you if the tools or equipment are not being used to per- form operations at the time of loss; or (ii) "property damage" (other than damage by fire) to premises rented to you or temporarily occupied to you with the permission of the owner or to the con- tents of premises rented to you for a pe- riod of seven (7) or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as de- scribed in Section III - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were not occupied, rented or held for rental by you beyond one year from the date "your work" was completed. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." F. DAMAGE TO PREMISES RENTED TO YOU Under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions, the last para- graph of Item 2. Exclusions is replaced with the following: Exclusion c. through n. do not apply to dam- age by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - LIMITS OF INSUR- ANCE. CG 7137 12 17 Page 2 of 7 G. PERSONAL AND ADVERTISING INJURY Under SECTION 1, COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LI- ABILITY, Item 2. Exclusions e. Contractual Liability is deleted. Under SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LI- ABILITY, the following are added to Item 2. Exclusions: g. Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. r. Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. H. SUPPLEMENTARY PAYMENTS Under SECTION I - SUPPLEMENTARY PAY- MENTS COVERAGES A AND B, item 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the "Bodily Injury" Liability Coverage applies. We do not have to furnish these bonds. Under SECTION I - SUPPLEMENTARY PAY- MENTS COVERAGES A AND B, item 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. I. ADDITIONAL INSUREDS - AUTOMATIC STA- TUS SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs a. through g. below whom you are required to add as an addi- tional insured on this policy under a written contract or written agreement. However the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of the policy; and 2. Executed prior to the "bodily injury", "property damage" or "personal injury and advertising injury", but Only the following persons or organizations are additional insureds under this endorse- ment and coverage provided to such addi- tional insureds is limited as provided herein: a. State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or govern- mental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies; (a) The existence, repair main- tenance, erection, con- struction, or removal of advertising signs, awnings canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar ex- posures; or (b) The construction, erection, or removal of elevators. (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or poli- tical subdivision has issued a permit or authorization. This insurance does not apply to "bodily injury", "property dam- age" or "personal and advertis- ing injury" arising out of operations performed for the federal government, state or municipality. b. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclu- sions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or CC 7137 1217 Page 3 of 7 (2) Structural alterations, new con- struction or demolition oper- ations performed by or on behalf of such additional in- sured. c. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new con- struction or demolition operations performed by or for such additional insured. d. Owners Or Other Interests From Whom Land Has Been Leased An owner or other interest from who land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the fol- lowing additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new con- struction or demolition oper- ations performed by or on behalf of such additional in- sured. e. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this in- surance but only with respect to the co -owners liability as co-owner of such premises. f. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, op- eration or use by you of equipment leased to you by such person or or- ganization. A person's or organization's status as an insured under this endorse- ment ends when their written con- tract or written agreement with you for such leased equipment ends. With respect to the insurance af- forded these additional insureds, the following exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the sole negligence of such ad- ditional insured. Any insurance provided to an addi- tional insured designated under par- agraphs a. through f. above does not apply to "bodily injury" or "property damage" included within the "pro- ducts -completed operations hazard". As respects the coverage provided under this provision, Paragraph 4.b.(1) of Section IV - Commercial General Liability Conditions is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance (1) This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, con- tingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and non-contributing. Where re- quired by written contractor written agreement, we will con- sider any other insurance main- tained by the additional insured for injury or damage covered by this endorsement to be excess and non-contributing with this insurance. J. WHO IS AN INSURED BROADENED Under SECTION II - WHO IS AN INSURED the following is added to item 1: f. Joint Ventures / Partnership / Lim- ited Liability Company Coverage You are an insured when you had an Interest in a joint venture, partner- ship or limited liability company which is terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This cov- erage does not apply: (1) Prior to the termination date of any joint venture, limited liability company or partnership; or CG 7137 12 17 Page 4 of 7 (2) If there is other valid and collectible insurance purchased specifically to insure the joint venture, legal liability company or partnership. Under SECTION II - WHO IS AN INSURED, 2.a.(1)(d) is deleted and replaced with the fol- lowing: (d) Arising out of his or her providing or failing to pro- vide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics employed by you to provide health care services, but only if you are not in the business or occupation of providing such professional services. Under SECTION II ® WHO IS AN INSURED the following is added: 4. For COVERAGE A and COVERAGE B only, the owner of any building leased to you, but only if the building owner is a shareholder in your corporation or a partner in your partnership insured by this policy, and only with respect to li- ability arising out of the ownership, maintenance or use of that part of the premises leased to you. However, this insurance does not apply: a. To any "occurrence" or offense which takes place after you cease to be a tenant in the premises; or b. To structural alterations; new con- struction or demolition operations performed by or on behalf of the building owner. Under SECTION II - WHO IS AN INSURED, 3.a. is deleted and replaced with the following: a. Coverage under this provision is af- forded only until the end of the policy period or the next anniversary of this policy's effective date after you ac- quire or form the organization whichever is earlier. Under SECTION II - WHO IS AN INSURED the last paragraph in this section is deleted and replaced with the following: Except as provided in 3. above, no per- son or organization is an insured with respect to the conduct of any current or past joint venture, limited liability com- pany or partnership that is not shown as a named insured in the Declarations. K. KNOWLEDGE AND NOTICE OF OCCURRENCE Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties in the Event of Occurrence, Offense, Claim Or Suit, the following is added: e. The requirement in Condition 2.a. applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partner- ship; (3) An "executive officer" or insur- ance manager, if you are a cor- poration; or (4) A manager, if you are a limited liability company. f. The requirement in Condition 2.b. will not be breached unless the breach occurs after such claim or "suit" is known to: g. (1) You, if you are an individual; (2) A partner, if you are a partner- ship; (3) An "executive officer" or insur- ance manager, if you are a cor- poration; or (4) A manager, if you are a limited liability company. Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim, or "suit" and that failure is solely due to your reason- able belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim, or "suit" to us as soon as you are aware this insurance may apply to such "occurrence," offense, claim or "suit." L. OTHER INSURANCE CONDITION AMENDED When required by written contract with any additional insured owner, lessee, or contrac- tor to provide insurance on a primary and noncontributory basis, Condition 4 of Section IV - Commercial General Liability Conditions is deleted and replaced by the following: 4. Other Insurance If other valid and collectible insurance is available for a loss we cover under Cov- erage A or B of this Coverage Part, our obligations are limited as follows: CG 7137 12 17 Page 5 of 7 a. Primary Insurance This insurance is primary and non- contributory except when b. below applies. b. Excess Insurance This insurance is excess over any of the other insurance, whether pri- mary, excess, contingent, or on any other basis: (1) That is Fire, Extended Coverage, Builders Risk, Installation Risk, or similar coverage for your work; (2) That is Fire insurance for prem- ises rented to you or temporar- ily occupied by you with permission of the owner; or (3) If the loss arises out of the maintenance or use of aircraft, "autos," or watercraft to the ex- tent not subject to Exclusion g. of Section I - Coverage A. (4) If the loss is caused by the sole negligence of any additional in- sured, owner, lessee, or con- tractor. When this insurance is excess, we will have no duty under Coverage A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other defends, we will undertake to do so, but we will be entitled to the other insured's rights against all those other insur- ers. When this insurance is excess over other insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductibles and self -insured amounts under all that other insurance. We will share the remaining loss, if any with any other insurance that is not described in this Excess Insur- ance provision and was not bought specifically to apply in excess of the limits of Insurance shown in the declarations of this Coverage Part. M. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 6. Representa- tions, the following is added: d. Your failure to disclose ail hazards or prior "occurrences" existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided such failure to disclose all hazards or prior "oc- currences" is not intentional. N. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US - AUTO- MATIC STATUS Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 8. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: We waive any right of recovery we may have against any person or organization with re- spect to which the insured has waived its right of recovery. It is further agreed that work commenced un- der letter of intent or work order, subject to subsequent reduction to writing, with cus- tomers whose customary written contracts would require a waiver of recovery rights against them also falls within this blanket waiver of recovery rights. O. LIBERALIZATION If we adopt a change in our forms or rules which would broaden coverage for contrac- tors under this coverage form without an ad- ditional premium charge, your policy will automatically provide the additional cover- age's as of the date the broadened coverage is effective in your state. P. DEFINITIONS Under SECTION V is DEFINITIONS, item 3. is deleted and replaced with the following: 3. "Bodily Injury" means bodily injury, disa- bility, sickness, or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". Under SECTION V - DEFINITIONS, item 9. is deleted and replaced with the following: 9_ "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indem- nifies any person or organization for damage by fire to premises while rented to you or temporarily occu- pied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; CG 7137 12 17 Page 6 of 7 d. An obligation, as required by ordi- n ance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agree- ment; f. That part of any other contract or agreement pertaining to your busi- n ess (including an indemnification of a municipality in connection with work performed for a municipality) u nder which you assume the tort li- ability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer, or survey or for injury or damage arising out of: (a) Preparing, approving or failing to prepare or ap- prove, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or in- structions, or failing to give them, if that is the primary cause of the injury or dam- age; or (2) Under which the insured if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sureds rendering or failure to render professional services in- cluding those listed in (1) above and supervisory, inspection, ar- chitectural or engineering, ac- tivities. Under SECTION V - DEFINITIONS, item 14. the following is added to the definition of "Personal and advertising injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such dis- crimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer", director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; (2) Not directly or indirectly related to the employment, prospective em- ployment, past employment or ter- mination of employment of any person or persons by any insured. CO 7137 12 17 Page 7 of 7 POLICY NUMBER: CMM88767536 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED = OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Or Organization(s) Insured Person(s) Location(s) Of Covered Operations that All agreed as persons such an additional in or organizations writing persons in insured. a contract or organizations when or agreement you be added have All Locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) o r organization(s) shown in the Schedule, but o nly with respect to liability for "bodily injury", "property damage" or "personal and adver- tising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent per- mitted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or "property damage" occurring after: © Insurance Services Office, Inc., 2012 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 addi- tional insured(s) at the location of the covered operations has been completed; o r 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 or- ganization other than another contractor o r subcontractor engaged in performing o perations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; o r Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 POLICY NUMBER: CMM88767536 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Or Organizations) Insured Person(s) Location(s) And Description Of Covered Operations that All agreed as persons such an in additional or writing persons organizations in a contract or organizations insured. when you or agreement be added have All Locations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but o nly with respect to liability for "bodily injury" o r "property damage" caused, in whole or in part, by "your work" at the location desig- n ated and described in the schedule of this e ndorsement performed for that additional insured and included in the "products - completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent per- mitted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Declarations. n Insurance Services Office, Inc., 2012 CG 20 37 04 13 Policy Number: CMM88767536 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insur- ance available to an additional insured under your policy provided that: C) Insurance Services Office, Inc., 2012 The additional insured is a Named Insured under such other insurance; and You have agreed in writing in a con- tract or agreement that this insur- ance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 Policy Number: CMM88767536 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details affecting each coverage, please refer to the terms and condi- tions in this endorsement. A. Who Is An Insured broadened: • Additional Insured by Contract, Agreement or Permit • Legally Incorporated Subsidiaries • Newly Acquired Organizations B. Supplementary Payments • Bail Bonds - $5000 • Loss of Earnings - $500 C. Fellow Employee Exclusion Amendment D. Coverage Extensions • Transportation Expenses • Personal Effects (Excess Basis) E. Additional Coverages • Expenses paid for returning a stolen covered auto • Fire Department Service Charge F. Airbag Coverage - Accidental Discharge G. Glass Repair - Waiver of Deductible H. Knowledge and Notice of an Accident, Claim or Suit L Unintentional Failure To Disclose Hazards J. Worldwide Coverage K. Definitions • Bodily Injury Redefined In addition to the policy amendments contained in A. through K. listed above, the endorsements listed below will automatically be attached to your policy to complete the coverage provided by the Signature Series Business Auto Endorsement: • Audio, Visual and Data Electronic Equipment Coverage Added Limits - CA 99 60 • Auto Loan/Lease Gap Coverage - CA 20 71 • Drive Other Car Coverage - Broadened Coverage For Named Individuals - (Executive Officers/Spouses) - CA 99 10 Employee Hired Autos - CA 2054 0 Employees As Insureds - CA 99 33 2 Hired Auto Physical Damage (Refer to Auto Declarations page) • Rental Reimbursement Coverage - CA 99 23 • Waiver of Transfer of Rights of Recovery (Waiver of Subrogation) - CA 04 44 A. WHO IS AN INSURED BROADENED SECTION II - COVERED AUTOS LIABILITY COVERAGE, item A. Coverage, 1. Who Is An Insured is amended to include the following additional paragraphs: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the ef- fective date of this endorsement. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limit of insurance. CA 70 77 10 13 Page 1of3 Coverage under this provision is af- forded only for the first 180 days af- ter you acquire or form the organization or until the end of the policy period, whichever comes first. e. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or a majority in- terest. However, coverage under this provision: (1) Does not apply if the organiza- tion you acquire or form is an "insured" under another auto li- ability policy or would be "in- sured" under such a policy but for its termination or the ex- haustion of its limits of insur- ance; (2) Does not apply to "bodily injury" or "property damage" that oc- curred before you acquired or formed the organization; and (3) Is afforded only for the first 180 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization with whom you agreed in writing in a contract, agreement or permit, to provide insurance such as is af- forded under this policy. This provision only applies if the written contract or agreement has been executed or permit has been issued, prior to the "bodily injury" or "property damage". B. SUPPLEMENTAL PAYMENTS SECTION H - COVERED AUTOS LIABILITY COVERAGE, item A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, sub- paragraphs (2) and (4) are deleted and re- placed with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for re- lated traffic law violations) re- quired because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses in- curred by the "insured" at our request, including actual loss of earnings up to $500 per day be- cause of time off from work. C. FELLOW EMPLOYEE EXCLUSION AMEND- MENT SECTION II - COVERED AUTOS LIABILITY COVERAGE, item B. Exclusions, 5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. D. COVERAGE EXTENSIONS SECTION III - PHYSICAL DAMAGE COVER- AGE, Item A. Coverage, 4. Cverage Exten- sions, a. Transportation Expenses is replaced with the following: a. Transportation Expenses We will pay up to $100 per day to a maximum of $1,800 for transporta- tion expense incurred by you be- cause of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". The following is added to Item 4. Cover- age Extensions: c. Personal Effects We will pay up to $500 for the "loss" of your personal effects that are contained in a covered "auto" due to the total theft of the covered "auto." We will pay only for those personal effects that are contained in covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. Our payment for "loss" of or damage to personal effects will apply only on an excess basis over other collect- ible insurance. E. ADDITIONAL COVERAGES SECTION III - PHYSICAL DAMAGE COVER- AGE, A. Coverage, is amended to include the following additional coverage items: 5. We will pay the expense of returning a stolen covered "auto" to you. 6. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equip- ment, its contents or occupants from a Covered Cause Of Loss, we will pay up to $1,000 for your liability for Fire De- partment Service Charges: CA 70 77 10 13 Page 2 of 3 (a) Assumed by contract or agreement prior to loss; or (b) Required by local ordinance. No deductible applies to this additional coverage. F. AIRBAG COVERAGE - ACCIDENTAL DIS- CHARGE SECTION III - PHYSICAL DAMAGE COVER- AGE, Item B. Exclusions, subparagraph 3.a. is deleted and replaced with the following: a. Wear and tear, freezing, mechanical or electrical breakdown. Mechanical breakdown does not ap- ply to the accidental discharge of an airbag. G. GLASS REPAIR - WAIVER OF DEDUCTIBLE SECTION III - PHYSICAL DAMAGE COVER- AGE, item D. Deductible the following para- graph is added: No deductible shall apply to glass dam- age if the glass is repaired rather than replaced. H. KNOWLEDGE AND NOTICE OF AN ACCI- DENT, CLAIM OR SUIT SECTION IV - BUSINESS AUTO CONDITIONS, Item A. Loss Conditions is amended as fol- lows: Subparagraph a. under Item 2. Duties In The Event Of Accident, Claim, Suit Or Loss, is amended to include the following paragraphs: This requirement applies when the "accident," claim, "suit" or "loss" is first known to: (1) You, if you are an individual; (2) A partner, if you are a partner- ship; or (3) An executive officer or insur- ance manager, if you are a cor- poration. Subparagraph b.(2) under 2. Duties In The Event Of Accident, Claim, Suit Or Loss is amended as follows: (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit." Your employees may know of documents received concerning a claim or "suit". This will not mean that you have such know- ledge, unless receipt of such documents is known to you, any of your executive officers or partners or your insurance manager. I. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 2. Concealment, Misrepresentation Or Fraud is amended to include the following additional paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. J. WORLDWIDE COVERAGE Under SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, subparagraph (5) is deleted and replaced with the following: (5) Anywhere in the world, if: (a) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and (b) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, Puerto Rio or Canada or in a settlement we agree to. (c) If, for such "autos" a "suit" is brought outside the territory de- scribed in 7.(1) through 7.(4) above, we will reimburse the insured for defense expenses incurred with our written con- sent, but we will make no pay- ment, nor will we reimburse the insured for damages. K. DEFINITIONS Under SECTION V - DEFINITIONS, Item C. is replaced by the following: C. "Bodily injury" means bodily injury, sick- ness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". CA 70 77 10 13 Page 3 of 3 POLICY NUMBER: CMM88767536 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply un- less modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Frontier Mechanical Inc. Endorsement Effective Date: 1/1/19 SCHEDULE Name(s) Of Person(s) Or Organization(s): Blanket as required by written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Sched- ule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. n Insurance Services Office, Inc., 2011 CA 0444 1013 Policy Number: CMM88767536 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 49 11 1 6 © Insurance Services Office, Inc., 2016 Page 1 oft PINNIACOL ASSURANCE 7501 E. Lowry Blvd. Denver, CO 80230-7006 303361 4000 / 800.873.7242 Pinnacol.com Frontier Mechanical Inc 3800 South Federal Blvd Englewood, CO 80110 ENDORSEMENT: Blanket Waiver of Subrogation NCCI #: WC000313B Policy #: 4206872 CCIG 5660 Greenwood Plaza Blvd Suite 500 Greenwood Village, CO 80111 (303) 799-0110 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date:December 19, 2018 Expires on: January 1, 2020 Pinnacol Assurance has issued this endorsement December 19, 2018 7501 E. Lowry Blvd Denver, CO 80230-7006 Page 1 of 1 P DORSEYR - Underwriter 12/19/2018 14:24:45 4206872 52951386 359-B ALLI ED 13. Environmental professional means an individual or entity approved by us in writing that is licensed and certified to provide environmental services. We shall consult with you in conjunction with the selection of the environmental professional. 14. Fungi means any of numerous eukaryotic organisms of the kingdom Fungi, which lack chlorophyll and vascular tissue and range in form from a single cell to a body mass of branched filamentous hyphae that produce specialized fruiting bodies. 15. Insured(s) means: a. The named insured; b. Any present or former partner, director, officer, manager, member or employee, including a leased worker and a temporary worker, of the named insured solely while acting on behalf of the named insured; c. Any insured with regard to its participation in a legal entity including a joint venture, but solely for the insured's legal liability for its performance of professional services or your work under the respective legal entity or joint venture. Insured does not include the legal entity itself, the joint venture itself or any other entity that is part of either the legal entity or joint venture, except as respects liability assumed by the insured for a pollution incident; d With regard to SECTION I - INSURING AGREEMENTS, 2. Contractors Pollution Liability only, any client of the named insured that the named insured has agreed by written contract to name as an additional insured on this policy, but only with respect to covered damages caused by your work; e Any entity which is specifically referenced as an insured by endorsement; f The estate, heirs, executors, administrators or legal representatives of an insured in the event of such insured's death, incapacity or bankruptcy but only to the extent such insured would otherwise be provided coverage under this policy; Any entity newly formed or acquired by the named insured during the policy period in which the named insured has more than fifty percent (50%) legal or beneficial interest. However: (1) Coverage will only be provided for claims arising out professional services or your work performed on or after the date of formation or acquisition; and g- (2) This coverage will expire within ninety (90) days of such formation or acquisition or the end of the policy period, whichever is earlier, unless the named insured provides written details of such newly formed or acquired entity to us and pays the additional premium requested by us, if any. 16. Insured contract means that part of any written contract or written agreement under which the named insured assumes the tort liability of another party to pay compensatory damages for bodily injury, property damage, environmental damage or emergency response expense, to a third person or organization, provided that such written contract or written agreement is signed by the named insured prior to the bodily injury, property damage, environmental damage or emergency response expense. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 17. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 18. Location means premises involving the same or connecting lots, or premises whose connection is ENV-CPP 00003 00 (02/12) Page 22 of 26 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. a Subject to the Limits of Liability set forth in ITEM 3. and ITEM 4. of the Declarations, the Company is liable only for that portion of coverage provided under this policy in excess of the applicable Retention, if any. In the event multiple insuring agreements or coverage parts apply, only one Retention will apply which shall be the highest Retention amount of the applicable coverage parts. These respective Retentions shall be paid by the named insured and remain uninsured. We may pay any part or all of the Retention amount to effect settlement of any claim or suit, or to pay cleancup costs or emergency cleannup costs which may be covered under this policy, and upon notification of the action taken, you shall promptly reimburse us for such part of the Retention amount as has been paid by us. SECTION V — CONDITIONS 1. Audit and Inspection We will be permitted upon reasonable prior notice to audit, monitor and inspect on a continuing basis any of the insured's books and records at any time during the policy period and within three years after the final termination of this policy, as far as they relate to the subject matter of this policy. We will also be permitted upon reasonable prior notice to inspect, sample and monitor on a continuing basis the insured's operations. Neither our right to make inspections, sample and monitor nor the actual undertaking thereof nor any report thereon will constitute an undertaking, on behalf of us or others, to determine or warrant that operations are safe, healthful or conform to acceptable engineering practice or are in compliance with any law, rule or regulation. We may modify, amend or delete any of the terms and conditions of this policy including the right to charge additional premium and the right to cancel, rescind or void this policy, if our examination, audit, monitoring or inspection reveals any material risk, hazard or condition that was not previously disclosed by any insured in the Application or supplemental materials, or which deviates from the information disclosed in the Application or supplemental materials. Subrogation In the event of any payment under this policy, we will be subrogated to all the insured's rights of recovery thereof and the insured will execute and deliver all instruments and papers and do whatever else is necessary to secure such rights. The insured will do nothing to waive or prejudice such rights. Any amounts recovered in excess of our total payment will be paid to the insured, less the cost to us of recovery. However, it is agreed that we waive our rights of subrogation under this policy against clients of the named insured to the extent the client's written contract with the named insured requires such a waiver of subrogation, but only: a To the extent required by such contract; and b When such contract has been executed prior to any event, work or professional services that would give rise to coverage under this policy. Changes Notices to any agent or knowledge possessed by any agent will not effect a waiver or a change in any pad of this policy or prevent us from asserting any rights under the terms of this policy, nor will the terms of this policy be waived or changed, unless endorsed hereon by us. Assignment It is agreed that the insurance provided herein cannot be transferred or assigned to another party without the express written consent of us. Assignment of interest under this policy shall not bind us until our consent, which shall not be unreasonably withheld, is endorsed thereon. ENV-CPP 00003 00 (02/12) Page 12 of 26 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. E ifiRjr-f WE REQUEST FOR BID ID COUNTY, COLORA 1150 O STREET GREELEY, Co 80631 DATE: DECEMBER 12, 2018 BID NUMBER: #B190003 DESCRIPTION: COOLING TOWER REPLACEMENT DEPARTMENT: BUILDINGS & GROUNDS BID OPENING DATE: JANUARY 7TH, 2019 1. NOTICE TO BIDDERS: The Board of County Commissioners of weld County, Colorado, by and through its Controller/Purchasing Director (collectively referred to herein as, ", -Vold Ccunty ), wishes to purchase the following: COOLI = G TOWER REPL C E MI A man atsry pr abi •e conference will be held on Wednesday, December 19th. 2018 at 1:00 PPK at 822 7th Str1, Greeley, Colorado 80631 Bids will be 7eceiv- S at the Office of the Weld County Purchasing Department in the Weld CountyAdministration Building, / 150 O Street, Room 07, Greeley, CO 80631 until: Mom, Janes 7th, 20►19 at *M00 AM WWetd County Purchasing Time Clock. PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION. FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 14 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION TO BID: Weld County requests bids for the aoove-listed merchandise, equipmen� , and/or sentic merchandise and/or equip lent shall be delivered to the location(s) specified herein s. Said Bids shall include ary and all charges for freight, delivery, cortainers, packaging, less all taxes and discounts, and shell, in every way, be the total net price which the bidder will expect the Weld County to pay Ve awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at https://www.weldgov.com/departments/purchasing ousted under "Current Requests". And, on the Bic net Direct website at w w. bidne° direct.com. Weld County Government is a member of Rid( �-t Dorms. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entiti _s post their bids, quotes, proposals, addendums, and awaits on this one: centraliz(7, d system. Bid Delivery to Weld County -: 1. Email. Ernailed bids are preferred. Bads may be amsilad ' 0: bids w e I d g o v . corn Emailed bids must include the following s,atement on the email: 51 hereby veMve my ri a• ht to a sealed bid". An email confirmation wil be sent when we receive your bid/proposal. Of more than one c py of the bid is requested, you must s am him of hard copies of the bio proposal. 2. Mail or Hand Delivery_ Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid numb- r on it. Please address to: Weld County Purchasing Department, 1150 0 Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-40O-4222 or 4223 if you have any questions. 3, [INSTRUCTIONS 1 o BIDDERS: NT S) ODUCTORY 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 bieder and bit. 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 persn signing. ;ids by corporations must be signed .with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixns to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director/Purchasing Director, satisfactry evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of ttorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in.l idders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The id Propsal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. it is the responsibility of the bidder to ensure that the bid arrives in the W Id County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of 'weld County). Weld County reserves the right to reject any and all bids, to v aive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specific itions and scope of services), the f. rural acceptance of the bid by Weld County, and signature of the Chair of the Board o': County Commissioners, together constitutes a contract, with the contract date toeing the date of signature by the Chair of the ard of County Commissioners. 4 SUCCESSFUL BIDDER HIRING P9 a.CTlCES — ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who ar newly hired for employment in the United States to perform work under this Agreement, BID REQUEST #BI 900031 Page 2 through participation in the E -Verify program •r the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knoo/ingly employ or contract with an illegal alien to perform work under this Agreement or enter into a ntract with <a subcontractor that fails to certify with Successful bidder that the subcontractor shall net knowingly employ or contract with an illegal alien to perform work under this Agreement. Successfu' bidder shall not use E -Verify Program or State of Colrado progri;im procedures to undertake pre -employment screening or job app icarts while this Agreement is being performed. If Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing sr contracting with an illegal adieu and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three nays the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the c,•.urse of an investigation, undertaken pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Succcrssful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee t. perform work under the contract, affirm that Successful bidder has examined the legal work status of such emp oyee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful biddy r shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of his provision or of C.R.S. §8-17.5-101 et sal., County, may terminate this Agreement or breach, and i so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawful y 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 sr 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. 50 GENER LA: /Jt L PROVOQONS A. Fund Av ilabality: Financial obligaions of Weld County payable aft contingent upon funds for that purpose being appropriated, budgeted and of acceptance of the bid, Weld County does not warrant that funds will be availa the current fiscal year. lr t he current fiscal year are -wise made av4-� ilable. By ale to fund the cif• ntract beyond B. Trade Secrets and other Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clean/ denoting in red on the information at the top the word, "CONFIDETIA' ." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C. I'.S. 24-72-201, et seq., the Colorado Open Records Act (CO,A), with regard to public records, and cannot guarantee the confidentiality of all documents. "he bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff review the confidential materials to determine whether any of them may be withheld from disclosure pursuan to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body f the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall be a public document regardless of whether it is marked as confidential. I BID REQUEST #B1900031 at Mi l J rtfttT..�v.Ks' .ww"4ri Page 3 C_ Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental immunity Act §§24-10-101 et seq., as applicable now or hereafter amended D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or inplied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. 'he successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of atorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged [Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) BID REQUEST #B1904031 Page 4 days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorizatin and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Sn bcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputatin and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the penf.rmance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one-year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to b.- supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein_ The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear ail costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 0. 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 BID REQUEST #B1900031 Page 5 beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. %24-18=201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not emplsy any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self - BID REQUEST #B1900031 Page 6 insured retention, County must be notified by the Successful bidder. Successful bidder shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants th i.t the minimum limits contained herein are sufficient t• 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 br.+3ader coverages. The successfu bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. Th-: 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 rials and services provided, the tiro ty delivery of said services, and the coordination of all services r:rmdered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account if any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term .f any Agreement, insurance in the following kinds and amounts: Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AN* when sucI successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insur contract, and defense costs, with the minimum limits must be as follows: 1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury woosavabviwrout BID REQUEST #61900031 Page 7 Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all perations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional I : For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same c verages required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide prof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B1900031 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: COOLING TOWER REPLACEMENT SPECIFICATIONS This is a turn -key project for replacement of the Cooling Tower located at 822 7t" Street, Greeley, Co, 80631 and will include the following as a minimum: 1. Removal of the cooling tower and installation of new cooling tower. Cooling tower includes the following as a minimum: a. Design elements to ensure compatibility. Engineer's stamp/certification is required. b. Replace cooling tower housing and all components c. All associated water pumps (condenser, chilled, secondary, etc.) d. Associated frequency drives e. Filtration system f, All associated demolition and appropriate disposal. g. Electrical work h. Piping and plumbing work i. Automation controls j. Fans k. Motors 1. Structural and supports m. Add isolation valves for new cooling tower n. Replace condenser fan motor disconnects o Motor starters to include heaters or fuses 2. Modification of any structural, architectural, electrical, and plumbing components as required to accomplish the cooling tower replacement. 3. Replacement cooling tower must meet the minimum specification to maintain the same as the current units. The current unit is a Good-Fello, Model CBU4SO4 Serial Number 28146. 4. Include abatement of asbestos related to cooling tower replacement (e.g. pipe gaskets), rework of power & control wiring and rework of pipes, as needed. Asbestos survey has not been performed. 5. The current cooling tower supports two 150 -ton Trane chiller units. Make, model and capacities to be verified by bidder during mandatory pre -bid meeting. 6. The replacement cooling tower system will be set up to utilize the current automation control system same capacity which is Setpoint Systems, Delta Control Version 3.4.0, the controls points are listed on Attachment 1. 7. The projected contract date is expected to be January 25, 2019. And they project is expected to be complete no later than April 15, 2019. Based on these dates, contractor shall provide expected schedule of milestone activities for completing replacement task. In addition to price, timeliness of project completion is a decision factor. 8. All work under this proposal shall be completed such that the existing cooling tower water system remains functional to the maximum extent possible until such time that the new cooling tower water system can be connected and made functional. Provide estimated duration of down time in the schedule for completing the replacement task. 9. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 10. Permits will be through the Weld County Planning Department. Fees for permitting will be waived with coordination through the Buildings & Grounds Department. 11. Payment and Performance bond is required. BID REQUEST #51900031 Page 9 A mandatory pre -bid conference will be held on December 19th, 2018 at 1:00 PM, at 822 7th Street, Greeley, CO 80631. Meet in main/1st floor lobby at 1:00 PM. Bids will be received up to, but not later than January 7, 2019 at 10:00 AM jWELD COUNTY PURCHASING TIME CLOCK). TOTAL $ _ START DATE (attach project schedule) FINISH DATE (attach project schedule) OPTIONAL FEES (Describe) $ DOES YOUR BID MEET OUR SPECS? YES NO BID REQUEST #B1900031 Page 10 Attachment 1 BAC.94400.8O1301 WCMB CTFAN 1 -SS WCMB CTFAN 2 -SS BAC.94400.BO1302 WOMB CTFAN 3 -SS BAC.94400. BO1303 WCMB CTFAN 4 -SS BAC.94400. 8O1304 WCMB CHW PUMP P1 SS BAC.94400. 8O1401 WCMB CHW PUMP P2 SS BAC.94400.BO1402 WCMB CW PUMP P1 SS BAC.94400.BO1403 WCMB CW PUMP P2 SS BAC.94400. 8O1504 WCMB CWS TEMP BAC.94400.AI 1604 WCMB CWR TEMP BAC.94400.A11605 WCMB CHWS TEMP BAC.94400.AI1606 WCMB CHWR R TEMP BAC.94400.AI 1607 WCMB CT FAN 1 ST BAC.94400. BI 1301 BAC.94400. BI 1302 WCMB CT FAN 2 ST BAC.94400. B11303 WCMB CT FAN 3 ST BAC.944OO. BI 1304 WCMB CT FAN 4 ST WCMB CW PUMP P1 STS BAC.94400.B11403 11403 WCMB CW PUMP P2 STS BAC.94400.BI1504 WCMB AC -1 CHW VLV POS AV BAC.94400.AV10 WCMB AC -2 CHW VLV POS AV BAC.94400.AV11 WCMB CHW SYSTEM ENA STPT AV BAC.94400.AV12 WCMB CHW SYS ENA BV BAC.94400.BV17 WCMB CHWP P1 FAIL BV BAC.94400.BV18 WCMB CHWP P2 FAIL BV I BAC.94400.BV19 WCMB CWP P3 FAIL BV 1 BAC.944OO.BV2O WCMB CWP P4 FAIL BV BAC.94400. BV21 Chiller Help BV BAC.94400. BV22 WCMB CHWS HI TEMP ALRM BV BAC.94400.BV29 WCMB CHWS LO TEMP ALRM BV BAC.94400. BV30 WCMB CWS HI TEMP ALRM BV BAC.94400.BV31 WCMB CWS LO TEMP ALRM BV BAC.94400.BV32 Chiller Rotate BV BAC.94400.BV37 Chiller Lead BV BAC.94400. BV40 CH1 Pump Status BV BAC.944OO.BV44 CH2 Pump Status BV BAC.94400.BV45 CHILLER LEAD LAG SCH BAC.94400.SCH2 CW LOOP TEMP CONTROL CO BAC.94400.CO2 CHILLER CONTROL PG BAC.94400.PG7 WCMB CHILLER 1 ALRM EV BAC.94400. EV2 WCMB CHILLER 2 ALRM EV BAC.94400.EV3 WCMB EV CHILLER 1 RUN FAILURE ALRM BAC.94400.EV4 WCMB EV CHILLER 2 RUN FAILURE ALRM BAC.94400.EV5 WCMB CHWP P1 FAIL EV BAC.944OO.EV12 WCMB CHWP P2 FAIL EV ---T-BAC.94400.EV13 WCMB CWP P3 FAIL EV I BAC.9.4400. EV-14 __ _ _. _ . BID REQUEST #B1900031 Page 11 Attachment 1(Continued) WCMB CWP P4 FAIL EV BAC.944OO.EV15 WCMB CHWS HI TEMP ALRM EV BAC.944OO.EV18 WCMB CHWS Lb TEMP ALRM EV BAC.944OO.EV19 WCMB CWS HI TEMP ALRM EV BAC.944OO. EV20 WCMB CWS LO TEMP ALRM EV BAC.944OO. EV21 WCMB CHW PUMP P1 SS EV BAC.944OO. EV22 WCMB CHW PUMP P2 SS EV BAC.944OO.EV23 WCMB CW PUMP P1 SS EV BAC.944OO.EV24 WCMB CW PUMP P2 SS EV BAC. 944OO. EV25 BID REQUEST #B1900031 Page 12 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1900031. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO PRINTED NAME AND TITLE SIGNATURE E-MAIL FAX TAX ID # .DATE **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES `t - 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #61900031 Page 13 E11T]&LY 3 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: COOLING TOWER REPLACEMENT SPECIFICATIONS This is a turn -key project for replacement of the Cooling Tower located at 822 7th Street, Greeley, CO, 80631 and will include the following as a minimum: 1. Removal of the cooling tower and installation of new cooling tower. Cooling tower includes the following as a minimum. a. Design elements to ensure compatibility, Engineer's stamp/certification is required. b. Replace cooling tower housing and all components c. All associated water pumps (condenser, chilled, secondary, etc.) d. Associated frequency drives VA11-CP' .tdr\ a Filtration system L/ " f. All associated demolition and appropriate dis os disposal. g. Electrical work h. Piping and plumbing work i. Automation controls j. Fans k. Motors I. Structural and supports m. Add isolation valves for new cooling tower n. Replace condenser fan motor disconnects o. Motor starters to include heaters or fuses 2. Modification of any structural, architectural, electrical, and plumbing components as required to accomplish the cooling tower replacement. 3. Replacement cooling tower must meet the minimum specification to maintain the same as the current units. The current unit is a Good-Fello, Model CBU450, Serial Number 28146. 4. Include abatement of asbestos related to cooling tower replacement (e.g. pipe gaskets), rework of power & control wiring and rework of pipes, as needed. Asbestos survey has not been performed. 5. The current cooling tower supports two 150 -ton Trane chiller units. Make, model and capacities to be verified by bidder during mandatory pre -bid meeting. 6. The replacement cooling tower system will be set up to utilize the current automation control system same capacity which is Setpoint Systems, Delta Control Version 3.4.0, the controls points are listed on Attachment 1. 7. The projected contract date is expected to be January 25, 2019. And they project is expected to be complete no later than April 15, 2019. Based on these dates, contractor shall provide expected schedule of milestone activities for completing replacement task. In addition to price, timeliness of project completion is a decision factor. 8. All work under this proposal shall be completed such that the existing cooling tower water system remains functional to the maximum extent possible until such time that the new cooling tower water system can be connected and made functional. Provide estimated duration of down time in the schedule for completing the replacement task. 9. Work will comply with all applicable Federal, State and local laws, ordinances and regulatory requirements. 10. Permits will be through the Weld County Planning Department. Fees for permitting will be waived with coordination through the Buildings & Grounds Department. 11. Payment and Performance bond is required, BID REQUEST #B1900031 Page 9 A mandatory pre -bid conference will be held on December 19th. 2018 at 1:00 PM, at 822 7th Street, Greeley, CO 8063.1. Meet in main/ist floor lobby at, 100 PM. Bids win be received .us) to, but not later than January 712019 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). TOTAL $ 224,773.00 START DATE (attach project schedule) April 1st, 2019 FINISH DATE (attach project schedule) Aprill 10th, 2019 OPTIONAL FEES (Describe) $ 16,000 plus Roof dampers and Acutators. Setpint Addt'l DOES YOUR BID MEET OUR SPECS? YES X NO •F) -,-#-!?a ... a..�....... _„ _AMMENIMOMMINEL.__ BID REQUEST #B1900031 Page 10 Attachment 1 WCMB CTFAN 1 -SS BAC.94400.BO1301 WCMB CTFAN 2 -SS BAC.94400.B01302 WCMB CTFAN 3 -SS BAC.94400,B01303 WCMB CTFAN 4 -SS BAC.94400.B01304 WCMB CHW PUMP P1 SS BAC.94400.BO1401 WCMB CHW PUMP P2 SS BAC.94400.B01402 WCMB CW PUMP P1 SS BAC.94400.BO1403 WCMB CW PUMP P2 SS BAC.94400.B01504 WCMB CWS TEMP BAC.94400.A11604 WCMB CWR TEMP BAC.94400.AI1605 WCMB CHWS TEMP BAC.94400.A11606 WCMB CHWR TEMP BAC.94400.A11607 WCMB CT FAN 1 ST BAC.94400.B11301 WCMB CT FAN 2 ST BAC.94400.B11302 WCMB CT FAN 3 ST BAC.94400.B11303 WCMB CT FAN 4 ST BAC.94400.B11304 WCMB CW PUMP P1 STS BAC.94400.BI1403 WCMB CW PUMP P2 STS BAC.94400.B11504 WCMB AC -1 CHW VLV POS AV BAC.94400.AV10 WCMB AC -2 CHW VLV POS AV BAC.94400.AV11 WCMB CHW SYSTEM ENA STPT AV BAC.94400.AV12 WCMB CHW SYS ENA BV BAC.94400.BV17 WCMB CHWP P1 FAIL BV BAC.94400.BV18 WCMB CHWP P2 FAIL BV BAC.94400.BV19 WCMB CWP P3 FAIL BV BAC.94400.BV20 WCMB CWP P4 FAIL BV BAC.94400.BV21 Chiller Help BV BAC.94400.BV22 WCMB CHWS HI TEMP ALRM BV BAC.94400.BV29 WCMB CHWS LO TEMP ALRM BV BAC.94400.BV30 WCMB CWS HI TEMP ALRM BV BAC.94400.BV31 WCMB CWS LO TEMP ALRM BV BAC.94400.BV32 Chiller Rotate BV BAC.94400.BV37 Chiller Lead BV BAC.94400.BV40 CH1 Pump Status BV BAC.94400.BV44 CH2 Pump Status BV BAC.94400.BV45 CHILLER LEAD LAG SCH BAC.94400.SCH2 CW LOOP TEMP CONTROL CO BAC.94400.CO2 CHILLER CONTROL PG BAC.94400.PG7 WCMB CHILLER 1 ALRM EV BAC.94400.EV2 WCMB CHILLER 2 ALRM EV BAC.94400.EV3 WCMB CHILLER 1 RUN FAILURE ALRM EV BAC.94400.EV4 WCMB CHILLER 2 RUN FAILURE ALRM EV BAC.94400.EV5 WCMB CHWP P1 FAIL EV BAC.9440O.EV12 WCMB CHWP P2 FAIL EV BAC.94400.EV13 WCMB CWP P3 FAIL E\/ BAC.94400.EV14 BID REQUEST #B1900031 Page 11 Attachment 1 (Continued) WCMB CWP P4 FAIL EV BAC.94400.EV15 WCMB CHWS HI TEMP ALRM EV BAC.94400.EV18 WCMB CHWS LO TEMP ALRM EV BAC.94400.EV19 WCMB CWS HI TEMP ALRM EV BAC.94400.EV20 WCMB CWS LO TEMP ALRM EV BAC_94400.EV21 WCMB CHW PUMP P1 SS EV BAC.94400.EV22 WCMB CHW PUMP P2 SS EV BAC.94400.EV23 WCMB CW PUMP P1 SS EV BAC.94400.EV24 WCMB CW PUMP P2 SS EV BAC.94400.EV2S BID REQUEST #B1900031 Page 12 The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #61900031. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. FIRM Frontier Mechanical Inc. BUSINESS ADDRESS 2771 W. Mansfield Ave. CITY, STATE, ZIP CODE Englewood, Colorado, 80110 TELEPHONE NO 303-806-5400 FAX PRINTED NAME AND TITLE TAX ID # 84-0964855 Terry Durbin / Service Manager SIGNATURE ! Z71.62.t44sa. E-MAIL tdurbin@frontiermech.net DATE 117/1 9 **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 ® 8. ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy Clerk to the Board Steve Moreno, Chair APPROVED AS TO SUBSTANCE: Elected Official or Department Head Controller/Purchasing Director BID REQUEST #61900031 Page 13 FRONTIER MECHANICAL INC, MECHANICAL CONTRACTING SINCE 1984 January 7th, 2019 Weld County Bid It B1900031 822 7th St. Greeley, Co., 80631 Attn: "I hereby waive my right to a sealed bid" Re: Cooling Tower Replacement Frontier Mechanical Inc. is pleased to provide a proposal for Weld County. BASE PROPOSAL: $ 224,773.00 Two Hundred Twenty Four Thousand seven Hundred Seventy Three Dollars and 00/100 SCOPE: Remove and Replace existing Cooling tower and associated pumps. Included is everything specified on page 9 of the bid request in the section labeled "SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING". QUALIFICATIONS/CLARIFICATIONS; • Monday — Friday 7:00 am — 5:00 pm a Estimated Down Time for Project is 7 Business Days Alternate: Replace roof blade dampers and actuators not identified in the specifications page but mentioned in the pre -bid meeting by the Weld County Representative. Add $ 16,000.00 plus SetPoint Controls Costs. Frontier Mechanical Inc, 12771 W. Mansfield Avenue Englewood, CO 80110 I (303) 806-5400 ® Permits ❑ Taxes M Bonding (add 1.2% if required) O Liquidated Damages ® Prevailing Wages l Overtime Pay O Ceiling Removal/Replacement ❑ Electrical ❑ Providing any Equipment ❑ Installing any Equipment M Existing Equipment Repairs and Inspections ® Existing Insulation Repairs ® Seismic Bracing ® Concrete Equipment Pads ® Duct Cleaning ® Duct Pressure Testing ® Water Heater Venting ® Frost Removal ® Concrete (to include cutting, coring patching, X-rays, and removal) FRONTIER MECHANICAL INC. MECHANICAL CONTRACTING SINCE 1984 SPECIFIC EXCLUSIONS Select only those that apply ® Dumpster Fees ❑ Structural Supports ❑ Wiring O Disconnects ❑ DDC/EMS/BAS Controls ❑ Any Demo ® Site Utilities & Final Connection to Them Z Import & Export of Soil Materials ® Foundation or Perimeter Drains ® Landscaping ® Irrigation ® Hard Rock Breaking & Removal El De -watering O Conduit for Low Volt Wiring ❑ Roofing ® Painting (to include gas piping) ® Fire Protection ® CAD/Coordination Drawings ® Asbestos Abatement (none identified by Abatement companies) P Tap Fee's ® Gas & Water Meters ® Any Work beyond 5' of Building ❑ Final Grade Staking & Surveying Independent CX Agent Bathroom & Kitchen Accessories ® Kitchen Equipment ►.� Temp Heating -Cooling -Electrical - Water ❑ Anything Not Listed as Included /1 Ei Hot Taps ® Glycol ® Building Drain Down ❑ Interlocks ® Independent CX Agent ® Timeclocks Thank you for the opportunity to submit this proposal. We appreciate your business. Authorized Signature: Teo'-vy 1D rb v11 ACCEPTANCE OF PROPOSAL —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified_ Service Manager Note: This proposal may be withdrawn by Frontier Mechanical, Inc. if not accepted within 10 days. Signature: Signature: Frontier Mechanical Inc. 12771 W. Mansfield Avenue Englewood, CO 80110 I (303) 806-5400 we d Gs unty Cooling Tower Tentative / Proposed Work Schedule 1. Order Cooling Tower on award 2. April et and 2"d Demolition of old equipment 30 rill 3rd Cyan ril 11th y remove an Il install ti .yS�. set e np mt s1 EkkctricalD crnnro ilk Form -■-9 (Rev. November 2017) Department of the Treasury internal Revenue Service Request for Taxpayer Identification Number and Certification De Go to www.irs.gov/FormW9 for instructions and the latest information. t Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. FRONTIER MECHANICAL INC 2 Business name/disregarded entity name, if different from above Give Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Chock only one of the following seven boxes. ❑ Individual/sole proprietor or ❑✓ C Corporation O S Corporation ❑ Partnership ❑ Trust/estate single•member LLC O Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► Note: Check the appropriate box in the Ilne above for the lax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that Is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instru hoes) P. 5 Address (number, street, and apt. or suite no.) See instruciio 3800 S FEDERAL BLVD 6 City, state, and ZIP code ENGLEWOOD, CO 8011 7 List account ntattber(s)'here (opt Taxpayer identification Number (TIN) 4 Exemptions (codas apply only to certain entitles, not Individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (Ii any) fAppion In asnunls mniata,nn4 uulsido en U S.) Requester's name and address (opti Enter your TIN in the appropriate box. The TIN provided must match the name given on line i to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other entities, it is your employer identification number (SIN). If you do not have a number, see How to get a TIN, later. Note: If the account Is In more than one name, see the Instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security numbs or lmployor Identification number 8 4 0 9 6 4 8 5 5 Certification Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am walling for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must crosscut Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply Far mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and divldonds1yiru are not p q fed to sign the certification, but you must provide your correct TIN. See the Instructions for Part it, later. Sign ! /t Here Signature of U.S. person le Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest Information about developments related to Form W-9 end its Instructions, such as legislation enacted after they were published, go to www.irs.gavlFormW9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number(ITIN), adoption taxpayer identification number (ATIN), or employer identification number (GIN), to report on an information return the amount paid to you, or other amount reportable on an Information return, Examples of Information returns include, but are not limited to. the following. • Form 1099-INT (Interest earned or paid) • Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1096-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident Men), to provide your correct TIN. if you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cal. No. 10231X Form W-9 (Rev. 11-2017) From: Septa To: Subject: Terry Durbin <tdurbin@frontiermech.net> Monday, January 21, 2019 9:22 AM Toby Taylor RE: Contact info 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. 4 Good Morning Toby, Sorry for the delay in getting back to you. I was caught in the traffic nightmare coming back from Colorado Springs Friday. 6/2 hour trip with half that in the ditch. As per our telephone conversation, Frontier Mechanical Inc. will assume any and all responsibility, including costs, associated with any needed asbestos abatement that may exist with regards to the cooling tower replacement project per the job specifications provided be Weld County. This notice supersedes FMl's submitted proposal that had it marked as omitted. Sincerely, TERRY D1URB1 N I SERVICE MANAGER or Is,FRONT] ERMc A.N AL ltsle. Qt Tom\ 2771 W.14 Ave IL Esau. CO 80110 Err. o CELL: 720.363.8334 WWW.FRONTIERMECH.NET W.FRON f IERMECH.NET .TMM111R4.444 454.4'M.y4444.OA'4.444441444.444.4Yil4iY444144..ld411.44 44444 444.4.M:.pAp44441 MMAA''M444..MN4444444.44(044.4444.4 .44444A.44.4.444444.44..4444 4.Y:y444444444 444444T"":MtMW444.144YM4 *444'444.4&*i4 4444144404W4444. 94.44W4l 44444.44444.4.440WWAM.mt4444 4.WW444.4.ry4NWbAVA'Mf4M'A14ASSM{V.4 4ti'd' 444 44.4. 4444.4444444 From: Toby Taylor [mailto:ttaylor©weldgov.com] Sent: Friday/ January 18, 2019 9:13 AM To: Terry Durbin Subject: Contact info Here is my contact information. Toby Taylor, Director Weld County Department of Buildings & Grounds Weld County Veterans Services 1105 H Street P.O. Box 758 Greeley, Co 80632 P: 970.400.2023 F: 970.304.6532 ttaylorweldgov.com i wnnµs.."0.e4A7S-Aveetiviintsr9Ast ettran,.•m4etefrows,,btstmthevem4ofo thelu ilptesA'Rw+k'dwA , From: Terry Durbin To: bjd5 Subject: Bid Number # B1900031 Date: Monday, January 7, 2019 9:43:16 AM Attachments: w-9,odf Weld County Tower Bid Packet.odf Weld County Coolie Tower.odt Weld County TowerSchedule.odf 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. To all concerned parties, Frontier Mechanical is please to present the attached proposal for your consideration. I hereby waive my right to a sealed bid. Sincerely, TERRY DURBIN I SERVICE MANAGER tit Mit& FRONTIER MECHANICAL INC. 2771 W. MANSFIELD AVE ENGLEWOOD, CO S0110 3O3-8O6-54OO Err. 434 CELL' 72O.383.833.4 WWW.FRONTIERMECH.NET DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 January 21, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Cooling Tower Replacement; Bid (B1900031) As advertised, this bid is to replace the cooling tower in the County building located at 822 7th Street, Greeley, CO. The low bid from is from Haynes Mechanical Systems. However, Haynes Mechanical failed to include pricing for abating an asbestos related to this replacement. Therefore, they withdrew their bid. The second low bidder is Frontier Mechanical Inc for $224,773. They do meet specifications and confirmed cost for any asbestos abatement encountered during the replacement is included in their fees. In addition, Frontier Mechanical provided an alternate to replace the roof blade dampers and actuators for $16,000. Therefore, Buildings & Grounds is recommending the bid be awarded to Frontier Mechanical Inc. for $240,773 to include the alternate. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director /a3 WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: rturf a(�weldgov.com E -Mail: reverett(weldgov.com E-mail: cmpeterstc7i,weldgov.com Phone: (970) 400-4216, 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: JANUARY 7, 2019 REQUEST FOR: COOLING TOWER REPLACEMENT DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B1900031 PRESENT DATE: JANUARY 9, 2019 APPROVAL DATE: JANUARY 23, 2019 VENDOR START DATE END DATE TOTAL HAYNES MECHANICAL SYSTEMS, INC 04/01/2019 04/15/2019 $172,120.00 5700 S QUEBEC ST, STE 210 N/A GREENWOOD VILLAGE, CO 80111 FRONTIER MECHANICAL INC 04/01/2019 04/10/2019 $224,773.00 2771 W MANSFIELD AVE *$16,000.00+ ENGLEWOOD, CO 80110 RELIANT MECHANICAL SERVICES LLC 04/01/2019 04/20/2019 $235,700.00 5523 PALOMINO WAY *$31,440.00 FREDERICK, CO 80504 COLORADO MECHANICAL SYSTEMS UPON NTP 04/15/2019 $335,800.00 7094 S REVERE PKWY *$19,000.00 CENTENNIAL, CO 80112 *Additional fees (Optional) $16,000.00 Plus — Roof Dampers and Acutators. Setpint Additional. $31,440.00 — Cooling Tower Solids Separator and Greenheck Tower Roof Discharge Dampers. $19,000.00 — Provide and install 4 VFD's for new pumps. The Department of Buildings and Grounds will review the bids. 2019-0221 ti9 h00 c9-1 Hello