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Home My WebLink About20191557.tiffAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & GROUND ENGINEERING CONSULTANTS INC. WELD COUNTY JAIL 2 -WEST MATE ALS ING SERVICES THIS AGREEMENT is made and entered into thi ay of , 2017, by and between the County of Weld, a body corporate and politic of the State of Colorado, by d through its Board of County Commissioners, whose address is 1 150 "O" Street. Greeley. Colorado 80631 hereinafter referred to as "County:' and Ground Engineering Consultants Inc. whose address is 2468 E 9i11 Street Loveland. CO 80537 hereinafter referred to as "Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the 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 Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (REP) as set forth in "Proposal Package No. B 190087. The REP contains all of the specific requirements of County. Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response confirms Contract Professional's obligations under this Agreement. 2. Service or Work. Contract Professional 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 Exhibit A which is attached hereto and incorporated herein by reference. Contract Professional shall coordinate with Weld County to perform the services described on attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the standards of professional care, skill, training, diligence and judgment provided by competent Contract Professionals performing services of a similar nature to those described in this Agreement. Contract Professional 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. — Services will only be performed as scheduled by County or County's representative. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County. and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibits A and 13. 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. Oaje-i9 c,2olg-As57 Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify Contract Professional 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 he terminated by either party at any time with notice upon a. material breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract Professional the right to provide services under. this Agreement beyond the time when such services become unsatisfactory to the County. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contract Professional provided prior to the date o_f the termination notice, but which had not yet beenapproved for o payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work.. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and fGacilites owned by County which Contract Professional is using, by whatever method it deems expedients and, Contract Professional 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 f or by County, andthese items, materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." Upon termination of this Agreement. by County. Contract Professional 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, :ion, Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement b ,1 � County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by tile County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contract Professional's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment .for such. additional services or work performed. In the event the County shall require changes in the scope, character, or., complexity of the -work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance., an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in. work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6. Compensation/Cataract Amount nt, Upon Contract Professional's successful completion of the services, and County's acceptance of the same, County agrees to pay an amount no greater than Si I.6,480.00 which is the bid. Contract. Professional 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 Director of Weld County Buildings & Grounds, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. Any other provision of this Agreement notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by Contract Professionalunder the terms of this Agreement for any amount in excess of the sum of the bid. Contactor acknowledges that any work it performs beyond that specifically authorized by County is performed at Contract Professional's risk and without authorization under this Agreement. County shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation stated herein. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contract Professional was improper because the service for which payment was made did not perform as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contract Professional shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract Professional 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 Contract Professional 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 T raw (C.P..S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20) 7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract Professional and that Contract Professional'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. Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional 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. 8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contract Professional. Contract Professional shall not enter into any subcontractor agreements for the completion of this project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the project. Contract Professional 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 Contract. Professional by the terms of this Agreement. and to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, 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 Contract Professional and Contract Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and omissions of its agents, employees and subcontractors. 9. O14 warship. All work and information atio.n obtained by Contract Professional under this Agreement or individual work order shall become or remain (as applicable), the property of County. in addition, all reports, documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to this Agreement and all reports, test results and all other tangible materials obtained andior° produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contract Professional shall not make use of such material M in a1 for purposes other than connection with this Agreement without prior written approval of County. 10. Con fidentialityf.. Confidential financial information of the Contract Professional should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word"CONFIDENTIAL" , However, Contract Professional is advised that as a public entity, Weld County must comply with the provisions of C.R. . 24-72-201, et seq., with regard to public records, and cannot guarantee w of � ant t�� theconfide confidentiality all documents. Contract Professional agrees to keep confidential all of County's confidential information. Contract Professional 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. Contract, Professional 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. Standard of Care. Contract Professional warrants that the services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. Contract Professional further represents all services shall be performed by qualified personnel in a prof ssional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. . ,. Acceptance of Sir *vices Not a Waiver. Upon completion of the work, Contract Professional shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by . County y of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for die quality and accuracy of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contract Professional, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default.. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver or any other breach. 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 n€ em ifi ;at or:. Weld County and the State must be named as additional insured on the Commercial General Liability policies (leases and construction contracts require additional insured coverage for completed operations on endorsements CG 2010 1 1 /85, CG 2037, or equivalent). Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the any , or Agreement, extension g y 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"will or better. Should any of the above - described policies by canceled or should any coverage be reduced before the expiration date thereof, the Contract Professional shall send written notice to the Weld County Director of General Services by certified ►mail., return receipt requested.. Such written notice shall be sent within thirty (30) days upon receipt of such cancellationfrom carrier or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional, Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at, no cost to County, in the amount of tbe deductible or sell -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work, under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors, The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any 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 Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible ibr 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 Contract Profession& and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. JDEMIN IVY The Contract Professional shall indemnify and hold harmless County, its officers, and employees, from and against injury, loss damage, or liability of Contract Professional arising out of the work done in fulfillment of the terms of this Contract, to the extent caused by a negligent act, error, or omission, or on account of any claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein., or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shallsurvive expiration or termination hereof. In consideration of the award of th is contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, and volunteers for tosses arising from. the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract 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 Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract. Professional or subcontractor is exempt under Colorado Workers' Compensation Act., �! t) when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability nsurance shall include bodily injury, property damage and liability assumed under the contract. . I ,000,Ooo each occurrence; 2,000,000 general aggregate; 2,001:,000 products and completed operations aggregate; :1,000,000 Personal Advertising injury Automobile Liability. Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned. iiired, and non -Owned vehicles used in the performance of this Contract. 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 dam_a.ge4 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. cl l� Proof of Insurance: County reserves the right to require tile 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 l liability, and inland marine,, Contract Professional's insurer shall name County as an additional insured. aiver Subtofflagt4tion: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: trac.*tors: .11 subcontractors, independent Contract Professionals, als, sub -vendors, r:s, suppliers or other entities prov iding 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 ofContr°act Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such_ subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. . Non -Assign men t, Contract Professional may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional 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 Contract Professional 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 any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit g any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment ment rece ived, 1 . 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 Cod, fires, strikes, war. food, earthquakes or :Jovern.iental actions, 17. Notices. County may designate, prior to commencement of work., its project representative ("County representative") who s.h i..11 make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests fin 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, Director of Weld County Department of Buildings & Grounds, or his designee. Al! notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall he deemed delivered tinder the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or b) live (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 (ci) transmission via facsimile, at the number set .forth below, where. a receipt or acknowledgment is required by the sending party. hither party may change its notice address(.f.$) by written notice to the other. Notification Information: Contract Professional: Ground Engineering Consultants Inc. Attn.: Joseph Zorack, PE. Address: 2468 F, 9th Street Address: Loveland, CO 80537 E-mail: jpe.zorac :@rounden .com Telephone: once: (970) 622-0800 county: Name: Toby Taylor Position: Director of Buildings and Grounds Address: I 105 I- I Street Address: Greeley, CO 80632 Frr ail: ttaylorgeo.weld.co.us Facsimile: 970-304-6532 18. Compliance with Lame Contract Priolessional shall comply with all applicable federal and. State laws, rules and regulations in effect or hereafter established, including without limitation., laws applicable to discrimination and unfair employment practices. 19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other Contract Professionals or persons to perform services of the same or similar nature. 20. I ai"tire .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 awritten instrument signed by both parties. 21. Fund Av ilahf ut / y 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 �� nancia.L .inter st/Con is of rter t �- �C:.� . .§24182Oiet seq.. and §245O5o7. The VP .'► .s i" S s � y 1 � c a 1 r signatories to this Agreement aver that to their knowledge, no employee of Weld County has any , c rsonal or be neficial interest what. • -t • fice or property which is the subject matter of this Agreement. Coun-�� whatsoever in t�l��., s�.r �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 Contract Professional's services and Contract Professional shall not employ _.t an person � , P erso n having such known interests. During the term of this Agreement, Contract Professional shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict ict with the full performance of its obligations under* this Agreement. Failure bycontract Professional to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract Professional's ' �a(s family shalt serve on a County Board, committee or hold any such position which either by rule, P ractice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Scverability. 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, p on, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No tern-) or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seer., as applicable now or hereafter amended. 25. No "inn! hu 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 on ly. 26. Board of County Commissioners of i/Ci J 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 .1..4awrtior isdic .i . 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 ., ' . g and void. In the event of a legal dispute spute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. l u blic Contracts for. Services CI ..:. §817.5401. Contract Professional certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Contract Professional 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). Contract Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work cinder this Agreement. Contract Professional 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 Contract Professional obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Contract Professional shall notify the subcontractor and County within three (3) days that Contract Professional 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. Contract Professional 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. Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8i 7.5-102(5), by the Colorado Department of Labor and Employment. If Contract Professional participates in the State of Colorado program, Contract Professional shall, within twenty days after hiring an new employee to perform work under the contract, affirm that Contract Professional 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. Contract Professional shall deliver to County, a written notarized affirmation that it has examined the legal workstatus of such employee, and shallcomply with all of the other requirements of the State of Colorado program. If Contract Professional 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, Contract Professional 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 Contract Professional receives federal or state funds under the contract, Contract Professional 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 Contract Professional 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 (-I.R.S. 24-76.5-103 prior to the effective date of the contract. .29.. Compliance with Davis -Bacon acon Wage Rates, Contract Professional understands and agrees that, if required the wok i @ a, be n compliance with the Davis- Bacon Wage Rates. M. Attorneys Fees/ ,egal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by, or on its own behalf. 3 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 32. Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement, r.rnuerstands 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 patties 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. Ly.L47. IN WITNESS UERF,OF, the parties hereto have signed this Agreement this"day of 201 , CONTRACT PROFESSIONAL: Ground En_rineerinConsultants Inc. By: Name: Title: k Andrade nncipal Date 5/9/2019 WELD COUNTY: ATTEST: 4� b4[ �,�[O �(1 Weld C�u t B �i rti � BY: BOARD OF COUNTY COMMISSIONERS WEED COUNTY, COLORADO arbara Kirkmeyer, Chai .!A °to/q /�57 REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: MARCH 20, 2019 Exhibit BID NUMBER: 1900087 DESCRIPTION: WELD COUNTY JAIL 2 -WEST MATERIALS TESTING SERVICES DEPARTMENT: BUILDINGS & GROUNDS MANDATORY PRE- SID CONFERENCE DATE: APRIL 5, 2019 BID OPENING DATE 9 APRIL 18, 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, 'Weld County'), wishes to purchase the following: WELD COUNTY JAIL 2 -WEST MATERIALS TESTING SERVICES A mandatory pre -bid conference will be held at 11:00 AM, on Friday, April 5, 2019, at the Weld County Buildings << Grounds Facility located at 1105 H Street, Greeley, CO 80631. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administration Building, 1150 O Street, Room #107, Greeley, CO 80631 until: 10:00 AM on Thursday, April 18, 2019 (Weld County Purchasing Time Clocks PAGES 1 — 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED T AB VE. NoT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 8. 2. INVITATION To ,BID: Weld County requests bids for the above -listed merchandise, equipment, and/or services. Said merchandise and/or equipment shall be delivered to the location(s) specified herein Bids shall include any and all charges for freight, delivery, containers, packaging, less all taxes and discounts, and shall, in every way, be the total net price which the bidder will expect the Weld County to pay if awarded the bid. You can find information concerning this request at two locations: On the Weld County Purchasing website at https://www.weldgov.com/departments/purchasing/bids proposals located under "Bids / Proposals / Tabulations". And, on the BidNet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an online notification system which is being utilized by multiple non- profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Did Delivery to Weld County — 2 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: b i d s @ w e I d g o v . co nn . Emailed bids must include the following statement on the email: "I hereby waive my right ts a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-400-4222 or 4223 if you have any questions. 3. INSTRUCTIONS TO BIDDERS: INTRODUCTORY INFORMATION: Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each bid must give the full business address of bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full names of all partners and must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and title of the person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the name of the state of the incorporation and by the signature and title of the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the Weld County Controller/Purchasing Director, satisfactory evidence of the authority of the officer signing in behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shah be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Controller/Purchasing Director for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Controller/Purchasing Director; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders' risk. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Bid contained herein (including, but not limited to, product specifications and scope of services), the successful bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFB. 4. SUCCESSFUL BIDDER HIRING PRACTICES — ILLEGAL ALIE S. Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful BID REQUEST #B1900087 Page 2 bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. if Successful bidder obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5- 102(5), by the Colorado Department of Labor and Employment. if Successful bidder participates in the State of Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Successful bidder has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee, and shall comply with all of the other requirements of the State of Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder shall be liable for actual and consequential damages. Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidcer receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-- 76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall oroduce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. G ENERAL PROV SilONS: A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal year. B. Trade Secrets and ther Confidential Information: Weld County discourages bidders from submitting confidential information, including trade secrets, that cannot be disclosed to the public. If necessary, confidential information of the bidder shall be transmitted separately from the main bid submittal, clearly denoting in red on the information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 27-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public records, andcannot guarantee the confidentiality of all documents. The bidder is responsible for ensuring that all information contained within the confidential portion of the submittal is exempt from disclosure pursuant to C.R.S. 24-72-204(3)(a)(IV) (Trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data). If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will review the confidential materials to determine whether any of them may be withheld from disclosure pursuant to CORA, and disclose those portions staff determines are not protected from disclosure. Weld County staff will not be responsible for redacting or identifying Confidential information which is included within the body of the bid and not separately identified. Any document which is incorporated as an exhibit into any contract executed by the County shall bo a public document regardless of whether it is marked as confidential. C. G vernmentall immunity: No term or condition of the contract shall be construed or interpreter 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-i01 et seq., as applicable now or hereafter amended. 0 .- BID REQUEST #B1900087 Page 3 D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third -Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: in the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. i. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Terminations County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis BID REQUEST #B1900087 Page 4 for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accorcingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. The bidder warrants that the goods to be supplied shall be merchantable, of good quality, and free from defects, whether patent or latent. The goods shall be sufficient for the purpose intended and conform to the minimum specifications herein. The successful bidder shall warrant that he has title to the goods supplied and that the goods are free and clear of all liens, encumbrances, and security interests. Service Calls in the First One Year Period: The successful bidder shall bear all costs for mileage, travel time, and service trucks used in the servicing (including repairs) of any of the goods to be purchased by Weld County, Colorado, pursuant to this bid for as many service calls as are necessary for the first one (1) year period after said goods are first supplied to Weld County. Bidder shall submit with their bids the following information pertaining to the equipment upon which the bids are submitted: 1. Detailed equipment specifications to include the warranty. 2. Descriptive literature. P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. 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 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 — CRDSS §24m1 82O1 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 BID REQUEST #B1900087 Page 5 beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: if any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to oili at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. 6. INSURANCE REQUIREMENTS: Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A" VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-cescribed policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Controller/Purchasing Director by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits contained herein are sufficient to protect them from liabilities that might arise out of the performance of the work under this Contract by the Contract Professional, its agents, representatives, employees, or BID REQUEST #B1900087 Page 6 subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any 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 Contract Professional shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions of Contract Professional, 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 Contract Professional to conform to any statutes, ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Tyaes of Insurance: The 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 Contract Professional's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and Si ,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. Professional Liability (Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the BID REQUEST #B1900087 Page 7 course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss Aggregate $ 1,000,000 $ 2,000,000 Contract Professionals shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the related Bid or Request for Proposal. Proof of insurance: County reserves the right to require the Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contract Professional's insurer shall name County as an additional insured. Waiver of subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contract Professional. Contract Professional shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract Professional agrees to provide proof of insurance for all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #B1900087 Page 8 SPECIFICATIONS AND/OR SCOPE OF WORK AND PROPOSED PRICING: Weld County Jail 2 -West Materials Testing Services Weld County Government is soliciting bids for construction and materials testing of the Weld County Jail 2 - West expansion. The location of the project is 2110 O St, Greeley, CO 80631. The purpose of this Request for Bid (RFB) is to obtain fee proposals and qualifications from firms who wish to provide the services requested in this Bid. The County desires to retain a testing firm to perform special inspections and materials testing services for all phases of the work consisting, without limitation, the following work: • Materials Testing • Special Inspections • Reporting PRELIMINARY SCHEDULE Date of this Bid Bid Posting Date Pre -Bid Conference Proposals Are Due Contract Award Notice Testing Services begin Construction completion date March 28, 2019 March 28, 2019 April 5, 2019 April 18, 2019 May 6, 2019 Immediately upon notice of award July 2021 The Board of Weld County Commissioners reserves the right to reject any or all bids, to waive any informality in bids, and to accept the bid that, in the opinion of the Board, is in the best interests of the Board and of the County of Weld, State of Colorado. GENERAL DESCRIPTION OF TESTING PARAMETERS 1. Materials testing including soils testing, concrete testing and asphalt testing as called out in the special tests section of the plans (attached). 2. Steel reinforcing inspections 3. Structural steel tests and inspections 4. Masonry inspections including grout, mortar and steel reinforcing. 5. Fire proofing I firestopping inspections. BID REQUEST #B1900087 Page 9 SCOPE OF SERVICES The intent of this section is to highlight in general terms the nature and scope of the work to be performed. The County anticipates entering into contract for these testing services based on the bid schedule fees. All billings will be done per unit prices in the bid schedule as testing has been performed or man hours have been accrued on this project. Additional phases of work may be amended to or listed services may be deleted from the contract. The testing firm will manage administrative anc quality control portions of the project during the construction phase. These are to include: a. Provide materials testing and special inspections as required by specifications. Inducing but not necessarily limited to those called out on page S0.03 attached with this bid request. b. Monitor test results and report any failing results to the general contractor and owner. c. Track test results to ensure all testing has been completed and accepted. d. Provide documentation of acceptance of test results and inspections for submission to the Weld County Building department as required for issuance of certificate of occupancy. PROPOSAL DOCUMENTS Please submit an original AND one (1) copy of your proposal signed by a person authorized to bind the party. The proposals shall be organized as outlined below: A. Firm(s) Information: 1) Identify which office (Contact Office) will be responsible for the project. 2) Provide a staffing chart showing proposed organization for this project. B. Firm's Experience: 1) Provide a brief summary of staff that will be involved with this project and what qualifications, licenses and certifications they have in reference to the required services for this project. 2) Indicate any outside subcontractors or testing agencies you intend to employ on this project. C. Current Workload: Provide a list of current project commitments by your proposed team and proposed individuals, including the status of such projects that might interfere with the scheduling required for this project. BID REQUEST #B1900087 Page 10 EVALUATION CRITERIA The following criteria will be used to evaluate response to this Bid: A. Fee Proposal: 1) Identify the Fee your firm proposes to provide testing services described in this bid on the attached bid schedule. Additional spaces have been included to allow you to add any services that you feel may benefit the County or that have been left out. 2) Provide a list of salary/wage rates for personnel proposed for this project. Indicate the base wage or salary and applied Direct Personnel Expense to formulate a total hourly billing rate and monthly billing rate for each individual proposed for involvement in additional services as may be required. B Qualifications which shall include: 1) Key staff members training, qualifications certifications and licenses. 2) Current workload, organizational depth and ability to deliver the necessary the project's timeframe. 3) Completeness of the response to this Bid. FEES Complete the fee proposal below for your bid. If you have additional fees, provide attachments detailing those fees. If additional tests are requested during this project, the price per test identified will be the rate. Type of Test Unit Quantity Price per test Total 1, Earthwork observations and testing a. Proctor tests EA 2 b. Compaction tests (3 tests per trip) Trips 50 2. Excavation observations a. Bearing material observation. (Trip is based on 3 hours) Trips 3 BID REQUEST #B1900087 Page 11 3. observations Re -enforcing steel I embedded anchor a. Foundation rebar observations (Trip is based on 3 hours) Trips 60 b. 3 hours) Post installed expansion anchors (Trip is based on Trips 45 c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 65 4. Concrete testing a. slump, Fresh concrete air entrainment, testing. (Each temp., 5 test cylinders, to include compressive strength tests at standard intervals.) Tests 95 b. RIB testing / MVER (Per location) Tests 40 c. Structural Masonry inspections Hourly 500 d. Masonry inspector EA 30 e. Grout tests EA 30 f. Mortar tests EA 10 g. Prisms EA 2 5. Fireproofing I Fire stopping observations BID REQUEST #B1900087 Page 12 a. trip, Fireproofing includes reports) inspector observations. (4 hours per Trip 30 6. Structural steel welded a. Structural steel welded and bolted connections Hourly 150 b. Steel inspector. Nondestructive testing 30 Test 7. Floor flatness/levelness a. Floor flatness/ levelness observations Hourly 30 1 b. Tester Test 8. Hot mix asphalt a. Hot mix asphalt inspections Hourly 5 b. Gradation 1 Test 9. Reports and engineering a. summary. hourly Reports and (All or test pricing engineering test reports shown with shall above.) compliance be included in the EA 1 Grand Total BID REQUEST #B1900087 Page 13 STRUCTURAL COLD FORMED STEEL DECK SPECIAL INSPECTIONS 0x0 PRIMP] OMR RA.DIEIT • WAIT ca aNAio CROUCS(0001 VIT1 COCRIOCOSORSL1 I m010X70NITOpA@1f5. 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'etR03ROPZW.. a MOPE COCCI N, CWau SURFACE t STSR30•12 W MOM wrist win OWN OWN NO MSTM=70Ma WWI MOM= IT51M1AiON O'er POOMPICEUENTOONNOWOMMOISON RI1CB&MC! • CONCRETE CONCRETE 120012 RISIMIATOPIOR RODS - OE=CROUTPG C b321461117 • COMO 37ROJO C MI 371 421.112 •m WWI O OCItNVMPONDWO W POMO CONIESOMSTROOTMAX SIONC R R TORASSNOQ78WC •ROME COCKER BtC7o1 P A070LM us MOT mROO ICEN) TTECJIISTCORS SOW= MOEN RM WELD COUNTY ✓AIL - 2 WEST EXPANSION IOMAfA110 tenant :1 tg •0 to O$ vies S0.03 A mandatory pre -bid conference will be held on Friday, April 5, 2019 at 11:00 AM at the Buildings & Ground building located at 1105 H Street, Greeley, CO 80631. Bids will be received up to, but not later than Thursday, April 18, 2019 at 10:00 AM (WELD COUNTY PURCHASING TIME CLOCK). 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. #B1900087. 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 BY (Please print) BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO SIGNATURE DATE FAX TAX ID # E-MAIL **ALL BIDDERS SHALL PROVIDE A W-9 WITH THE SUBMISSION OF THEIR BID* * WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-08551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. BID REQUEST #B1900087 Page 14 Weld County Response to Request for Bid No. B1900087 Weld County Jail 2 -West Materials Testing Services Submitted to: Weld County Purchasing Office 1150 O Street Greeley, Colorado 80631 Submitted by: Ground Engineering Consultants, Inc. Attn: Joe Zorack, P.E., Principal 2468 East 9th Street Loveland, Colorado 80537 joe.zorack@groundeng.com April 17, 2019 ENGINEERING Bid Request B1900087, Weld County Jail 2 -West Materials Testing Services ARM RM All services will be provided by in-house staff from our Northern Colorado office. GROUND Engineering Consultants, Inc, 2468 East Stn Street Loveland, Colorado 80537 970-622-0800 office phone 970-622-O8O1 fax www.groundeng.com Other office locations: Commerce City, Englewood, Granby, and Gypsum Below is an organizational chart for upcoming Thompson School District projects. N N N N l tq Weld County Project Manager • General Contractor Joseph Zorack, P. . • Area Manager/Principal Engineer Special Inspector/Technician Supervisor Aaron Klingsmith Field Technicians/Special Inspectors Qualified field staff will be provided based on the service needs of the project FIRM EXPERIENCE Key GROUND Staff Members St 777 7 V Kelsey Van Berme!, PE. Field Engineer to Certified 3a1 Party Building Inspector Certified Weld Inspection Staff GROUND's Loveland office management staff has extensive experience providing services for similar projects throughout Northern Colorado. Additionally, our management staff has worked as a team together for over 14 years. Services will be provided from our office and accredited laboratory located in Loveland. Our staff and project team are committed to providing exceptional, responsive service to Weld County for the duration of this contract. GHCU ENGINEERING Bid Request 81900087, Weld County Jail 2 -West Materials Testing Services Joe Zorack, P.E. - Project Manager/Principal (Main Point of Contact fqr thi contract) 970-622-0800 office, 970-685-3240 direct, joe.zorackgroundeng.com CTII:i.IITISatiltlatfctirralirCe0¢r<3i7'J�sT1.'1SFzaT3al+-X:ff3..a.S'rv'.aT ..x. fl CJt zY:: *&tc!t+pp Jtm.?T ••'Z...• at.:wr..l.fi:xChu»'rh'sn".sJr.-. �1:eK»>iC_ a¢OYlsr.2;3 crttrn'ra r_•ift-.:.trr%: License/Certifications: Colorado, PE License #48276 Total Years of Experience: 23 tei '"' SINOVINItiFd/WPIllnii.01'.�Sff+".alre-�i1A'F1.lSY�F:NtislYaltz i%YKltf.:"AAtZt'XI'>AW:g. azekid£b.'l?^, 7A411,Wr.9YrONIIIAMY@XT'!n'^rY:'?.:YrAnter.29AM.'S ..WJi�S�S'Pt'GIZalli;0.Fi1'h M7..RCTNR: As the resident engineer and construction services project manager in our Loveland office, Joe is responsible for providing geotechnical engineering services and coordination of associated field activities to support completion of all requested soils investigations. Additionally, he is responsible for oversight of all materials testing and special inspection services provided from the Loveland office and laboratory location. Mr.. Zorack will be the main point of contact throughout the duration of this contract. individual Experience/Project Experience: Joe's project experience includes: UNC West Campus Housing Project, CSU Lake Street Parking Garage, Vestas Blades Factory -Windsor, Promenade Shops at Centerra, City of Greeley Ice Haus and Leisure Recreation Center, Embassy Suites Hotel and Convention Center — Loveland, Windsor Ethanol Plant, Leprino Cheese Factory -Greeley, CSU Rec Center Addition and Renovation Project Kelsey Van Bemrnel, P.E. --- Project Engineer/State of Colorado Certified 3rd Party Building Inspector t•+e. nfl. tpra1l7eltiNanntiue2r tt 3 inAtgr1\.:c4:vlrnt:ifrn,. L . aYaa .va:7detG7:112Fi tz.w 3ra=4.4k^JaaM.>!:VIrr'utt-s t License/Certifications: Colorado, PE License It Total Years of Experience: 13, all with GROUND attMkgra9ti a.S1M tra lt(C«S.'R Y'' fJ�7LvlliWeglatIteCKYt%MU4MV.`dCtP ': IOltkG*3¢ Mrtitett sltbntleiikd'S,ttfaltaNt0O411 S:Ker7Jlt%1.Rtittt 019.1V citi41Zl%tY.¢5uuct: Individual Experience/Project Experience: Kelsey has worked on geotechnical engineering studies throughout Northern Colorado. He is also a State certified building inspector, and routinely provides building inspection services on educational facility and municipal building projects. Kelsey's project experience includes: Vestas Blades Factory -Windsor, Embassy Suites Hotel and Convention Center -Loveland, Boulder Valley School District — various projects, and various projects at Colorado State University, Front Range Community College, and the University of Northern Colorado. Aaron Klingsrrith --- Special Inspector/Field Staff Supervisor z+:.crtra-tvnutcnrrc: t.anwwY.air r w≥ ttxs•:na-•.ntxers-nAtt. ....rm.time..^.VtCT41,AmrnoMsn:rmrae„rra^l'rncnt..-Itat tarrc^esrteM eas:.er+rasu+rsc: Total Years of Experience: 14, all with GROUND Aaron's project experience includes: UNC West Campus Housing project, Foothills Mall -Fort Collins, The Shops at Centerra, Aims Community College Health and Sciences Building, CSU Student Recreation Center, Vestas Blades Factory -Windsor, CSU Lake Street Parking Garage, Greeley Police Headquarters and JAC Building, Leprino Cheese Factory -Greeley, Banner Health Fort Collins Hospital Note: Depending on the geotechnical engineering, materials testing and special inspection needs of the project, GROUND will provide properly certified and qualified field staff to respond to the needs of each project. With nearly 25 in-house staff members in our Loveland office, GROUND has the capacity to provide consistent, dedicated staffing to maintain continuity of service throughout this important contract. ENGINEERING Bid Request B1900087, Weld County Jail 2 -West Materials Testing Services Team Experience GROUND's Loveland office, led by Joe Zorack, P.E., has extensive experience providing services for similar projects in Northern Colorado. Below is a summary list of recent project experience, and other municipal experience: Similar recent project experience, with references, includes: .;® Weld County o Josh Holbrook, 970-356-4000 0 Our Northern Colorado staff have provided on -call services for Mr. Holbrook for various contract periods. Additionally, we have provided pavement evaluation services for Weld County on a yearly basis since 2008. Boulder Valley School District RE -2 o Tom Blahak, 720-561-5791 o Steve Schumacher, 720-561-5270 o For nearly the past 10 years, Joe and his Loveland staff have provided as -needed geotechnical engineering and construction testing services to support the design and construction of their projects. Depending on the phase of their bond projects, our staff has provided services sometimes for 10+ project managers at a given time. Projects have ranged from new facilities, additions, renovations and retrofits, and site infrastructure improvements. University of Northern Colorado o Nate Reinhard, 970-351-2383 o We have provided geotechnical engineering and construction materials testing services for the University of Northern Colorado for the past 15+ years. Most recently, we have provided the geotechnical engineering services for the Campus Commons project, and are currently providing the materials testing and special inspection services in support of the construction of the new facility. Larimer County Facilities, David Bragg 303472-2224 Joe and his staff have provided services to David for 12+ years, first for David on multiple developments for Regency Centers, and recently for Larimer County projects, including the Midpoint Campus development in Fort Collins, and the Larimer County Loveland Campus facility (currently under construction) Poudre School District o Mr. John Little, 970-490-3198 O For nearly 13 years, Mr. Zorack and his Loveland office have provided geotechnical engineering, construction materials testing and 3rd party building inspection services for Mr. Little and the Poudre School District on dozens of projects, ranging from new facilities to addition/renovation projects. Current on -call contracts that our Loveland office provides services for include: Boulder Valley School District, St. Vrain Valley School District, City of Greeley, Boulder County, Boulder County Transportation, City of Boulder, Town of Erie, City of Loveland, and the Town of Wellington. The proposed project team has worked together on numerous projects at Colorado State University campuses, the University of Northern Colorado, Aims Community College, and Front Range Community College, as well as as -needed contracts for most of the surrounding cities, counties, and school districts. ICC Certifications Below is a summary of our Loveland team members with ICC certifications and additional special inspection services: U ENGINEERING Bid Request B1900087, Weld County Jail 2 -West Materials Testing Services ICC Certification Representative Certified Bldg Inspector Structura Steel Bolts Structura I Steel Welding Reinforced Concrete Inspector Masonry Inspector Spray Applied Fire Proofing Fire Stopping Professiona I Engineer Post Tension Inspector Certified Weld Inspector State approved Buildng Inspector Joseph Zorack x x Kelsey Van Bemmel x x x x x x x Jaro Lepic x x x x x Thomas Pike 4 x ; x x Aaron Klingsmith x x x x Austin Nicodemus x x x Charles Whitehead x x x J Josh Bash x x r- x Lee Royse i urrrw 4 V rwvriwninsrr x x x .M�Ww�r 'VF9 A Subcontractors NONE! All services, including structural steel inspections and building inspections will be completed by in-house staff members from our Loveland office. Note: structural steel inspections will be completed by our Certified Weld Inspection staff, and firestopping inspections will be completed by an IFC certified building inspector. CURRENT WORKLOAD With an experienced staff of nearly 25 employees, our Loveland office has the capacity to commit a dedicated staff to each project. Each staff member that is assigned to this project will have the capacity and experience to perform the required duties no matter the time commitment required. Our key staff identified will be involved in daily project management and communication with the project team members. GROUND will be able to respond with dedicated, consistent staff to this important protect throuchout the duration, without exception. ATTACHMENTS Completed Bid Form/Fees Construction Services Fee Schedule Bid Acknowledgement Form ® Page 14 ENGINEERING BUSINESS ADDRESS 2468 East 9th Street :ar a Y e�bld conference will be held Fr da rj1 b, 2019 at 11:00 AM at the Buildings & Ground building located at 1105 H Street, Greeley, CO80631 ids will b received up to, but not later than T h , r x 2019 at 10:00 AM (WELD COUNTY PURCH,: , I: G TI E CLOCK). to The undersigned, by his r her signature, hereby acknovledges 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. #B1900087. 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 birder 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 __Ground Engineering Consultants, Inc. BY ®Joseph Zorack, P.E. (Please print) CITY, STATE, ZIP CODE Loveland, Colorado 80537 TELEPHONE NO 970-622-0800 SIGNATURE'°. v DATE 4117119 FAX 970-622-0801 TAX ID # 840946714 t E-MAIL _ joe.zorack@groundeng.com *BALL BIDDERS/SHALL PRO' 'tbE A W-9 WITH THE SUBMISSION OF THEIR BID** C SU s:. TY IS E. E i T FROM COLRADO SALES TAXES. THE CERTIFICATE ER I yf 95-03551,J0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. BID REQUEST #81900087 F EE E° =NON WIL Page 14 Form W-9 (Rev. October 2018) Department of the Treasury internal 1 Reveres Service co C) Ct a o a 3 ®4-, EL C) U) Request for Tax .51 y r id ntificati n Nu ev and Certification P- Co to wwwairs.gov/FormW9 for instructions and the tetest information, I Give Form t..E the requester. Do not send to the IRS. 1 Name (as shown on your income tax return). Name is required on this line; do not leave Ibis the blank, .GRalwp EngineprinaConsultants Inc. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal lax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single -member LLC Q C Corporation (H S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) is Note: Check the appropriate box in the limo above for the tax classification of the singlegnember owner. Do not check LLC if the LLC is classified as a single-momber LAC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for US. federal tax purposes. Otherwise, a single -member LW that Is disregarded from the owner should check the appropriate box for the tax classification of Its owner. (,.. Other (see instructions) 5 Address (number, stre€ t, and apt. or suite racy.) See i; tuotlons. 41 Inverness Driive East _ s. ...d. it .,..- ..�.... --.,. _ _, ..-...,. 6 City, state, and ZIP code 4 Exemptions (codes apply only to certain entities, riot Individuals; see instructions on page 3): Exempt payee code (If any) 5 Exemption from FATCA reporting code (if any) (Apptox to accounts maintained oufikto the U.S,) r iglew ode.. Co jiO112 7 List account number(s) here (optional) Rues s name and address (optional) TaTpier Identification Number (TIN Enter your TIN in the appropriate box, The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: It 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. Certification Social security number or mploy'er Identification number a Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report 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 cross out 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. For mortgage interest paid, acquisition or abandonment, of secured property, cancellation of debt, contributions to an individual retirement arrangement QRA), and generally, payments other than interest and dividends ytline not requi d to sign the certification, but you must provide your correct TiN. See the instructions for Part II, later. Sign Signature of Here U.S, person Pr General Instruc ons Section references are to the Internal Revenue Code unless otherwise noted Future developments. For the latest information about developments related to Form W-9 and its Instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. 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 (ITlN), adoption taxpayer identification number (ATiN), or employer identification number (EIN), 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) mewenort,•••••••wenow000nsquI••••••41100/00Whinry1.4 Date ID - 7/ Othrt? * Form 1099-DIV (dividends, including those from stocks or mutual funds) ® Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) ® Form 1099-S (stock or mutual fund sales and certain other transactions by brokers) O Form 1099-S (proceeds from real estate transactions) o Form 1099-K (merchant card and third party network transactions) a Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) O Form 1099-C (canceled debt) O Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U>S, person (including a resident alien), to provide your correct TIN. 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. Cat. No. 10231X Form W-9 (Rev. 10-2018) EVALUATION CRITERIA The following criteria will be used to evaluate response to this Bid: A. Fee Proposal: 1) Identify the Fee your firm proposes to provide testing services described in this bid on the attached bid schedule. Additional spaces have been included to allow you to add any services that you feel may benefit the County or that have been left out. 2) Provide a list of salary/wage rates for personnel proposed for this project. Indicate the base wage or salary and applied Direct Personnel Expense to formulate a total hourly billing rate and monthly billing rate for each individual proposed for involvement in additional services as may be required. B. Qualifications which shall include: 1) Key staff members training, qualifications certifications and licenses. 2) Current workload, organizational depth and ability to deliver the necessary the project's timeframe. 3) Completeness of the response to this Bid. FEES Complete the fee proposal below for your bid. If you have additional fees, provide attachments detailing those fees. If additional tests are requested during this project, the price per test identified will be the rate. Type of Test Unit Quantity Price per test Total 1. Earthwork observations and testing a. Proctor tests EA 2 $100 $200 b. Compaction tests (3 tests per trip) Trips 50 $125 $6,250 per trip cost assumes 2.5 hours, including travel to/rom jobsite and onsitie time 2. Excavation observations a. Bearing material observation. (Trip is based on 3 hours) Note: to be performed by a Professional EnginTer Assumed -3 hours at SP±S/hnitr Trips 3 $285 $855 BID REQUEST #61900087 Page 11 3. Re -enforcing steel / embedded anchor observations a. Foundation rebar observations (Trip is based on 3 hours) Trips 60 $165 $9,900 b. Post installed expansion anchors (Trip is based on 3 hours) Trips 45 $165 $7,425 c. Post installed adhesive anchors (Trip is based on 3 hours) Trips 65 $165 $10,725 4. Concrete testing a. Fresh concrete testing. (Each test to include slump, air entrainment, temp., 5 cylinders, compressive strength tests at standard intervals.) Tests 95 $220 $20,900 Assumes 3 hours @ $50, and 5 cylinders at $14 b. RH testing / MVER (Per location) Tests 40 $275 $11,000 Assumes 4 hours at $50, and $75 for RH test; if RH tasting utitized, would assume no MVER test) c. Structural Masonry inspections Hourly 500 $55 $27,500 d. Masonry inspector - including in above hourly rate EA 30 N/A e. Grout tests EA 30 $30 $900 f. Mortar tests EA 10 $20 $200 g. Prisms EA 2 $95 $190 5. Fireproofing / Fire stopping observations BID REQUEST #B1900087 Page 12 a, Fireproofing inspector observations. (4 hours per trip, includes reports) Trip 30 $220 $6,600 6. Structural steel welded a. Structural steel welded and bolted connections Hourly 150 $75 $11,250 b. Steel inspector. Nondestructive testing Test 30 N/A Note: included in hourly rate above for in-house Oertified Weld Inspector 7. Floor flatness/levelness a, Floor flatness / levelness observations Hourly 30 $65 $1,950 b. Tester - included in hourly rate above Test 1 N/A 8. Hot mix asphalt a. Hot mix asphalt inspections Hourly 5 $50 $250 b. Gradation Test 1 $60 $60 9. Reports and engineering a. Reports and engineering with Compliance summary. (All test reports shall be included in the hourly or test pricing shown above.) EA 1 $25 $25 Note: assumed fee above for 9a is proposed for each scheduled trip to the a subsequent report(s). Attached is our Construction Services Fee Schedule which outlines a complete list of hourly/unit rates. site which will generate Grand Total $116,180 BID REQUEST #B1900087 Page 13 ENGINEERING FEE SCHEDULE - CONSTRUCTION SERVICES MATERIAL TESTING AND SPECIAL INSPECTION (Time is round trip from office to project site and return) • Concrete and Asphalt Testing (hourly) • Soil Testing (hourly) • Rebar, Masonry, Post Tension, Piers (hourly) • Floor Flatness (hourly) • Wastewater Pipe Inspection (hourly) • Coring and Concrete Humidity/Moisture (hourly) • Certified Welding Inspector (CWI) (hourly) • Certified Building Inspector (hourly) • Certified Fire Stop Inspector (hourly) $50.00 $50.00 $55.00 $65.00 $60.00 $75.00 $78.00 $78.00 $95.00 MANAGEMENT AND ENGINEERING • Project Management-Review/Supervision (hourly) • Senior Project Engineer/Geologist (hourly) • Project Engineer/Geologist (hourly) • Staff Engineer/Geologist (hourly) • Principal Engineer, Senior Project Manager • Overtime (Over 8hrs/day, weekends, after 6pm) • Trip Charge (covers vehicle and equipment) • Interest charged after 30 days from invoice date MISCELLANEOUS (These units are on a project by project basis and will only apply as detailed in the proposal) • Vehicle Mileage Quote • Mobile Laboratory • Daily Rates • Out-of-town living expenses, commercial travel costs, equipment rental, etc. • Pile Dynamic Analysis, Ground Penetrating Radar, Cross Hole Sonic Logging, Sonic Echo, Falling Weight Deflectometer Quote LABORATORY TESTING Quote • Outside Laboratory Services Quote • Vibration Monitoring/Geotechnleal Instrumentation Services, Thermal Conductivity and Resistivity $95.00 $150.00 $115.00 $95.00 Quote rate + $15.00 $0.00 1.5% Quote Quote Quote Soil and Aggregate Standard Proctor Compaction Modified Proctor Compaction Soil Cement Proctor Natural Density and Moisture Content Specific Gravity of Fine Aggregate Gradation No. 200 Wash Gradation and Hydrometer "R" -Value Atterberg Limit Unconfined Comp. Str.-Soil Stab. (per set) pH Test Water Soluble Sulfates Test Triaxial Permeability Freeze -Thaw Test Denver Swell Direct Shear Soil Stabilization Mixture Analysis Sand Equivalent Relative Density Clay Lumps and Friable Particles Flat or Elongated Particles Sulfate Soundness Fractured Faces Test Los Angeles Abrasion Test Uncompacted Voids Test Specific Gravity of Coarse Aggregate Concrete $100.00 Concrete Compression Test, Cylinders (each) $110.00 Concrete Comp. St. Cylinders (high strength concrete) $150.00 Compressive Strength-CLSM Cylinders $15.00 Concrete Flexural Test, Beams $65.00 Maturity Data Logger (each) $60.00 Moisture Coupons (each) $35.00 Relative Humidity Sensors (ASTM F2170) (each) $135.00 Shotcrete Comp. Str. (per panel) $350.00 Maturity Meter Strength Correlation $65.00 Asphalt $250.00 AC Content and Extracted Gradation $50.00 Stability and Flow (Marshall) $50.00 Specific Gravity (SSD) and Voids (Gyratory) (per test) $375.00 Theoretical Maximum Specific Gravity $500.00 Modified Lottman (TSR) $65.00 Ignition Oven Calibration $375.00 Specific Gravity (SSD) and Voids (per Core) Quote Coring -Asphalt (Dia. (in.) X Depth (in.) X No. cores) $95.00 Stability (Gyratory) $200.00 Asphalt Moisture Content $45.00 Asphalt and Concrete Mixture Analysis $60.00 Micro Deval $200.00 Masonry $60.00 Mortar Compressive Strength $150.00 Masonry Prism Comp. Strength $95.00 Grout Compressive Strength $95.00 Compressive Strength CMU/Brick Coupon $14.00 $75.00 $20.00 $55.00 $75.00 $50.00 $75.00 $225.00 Quote $160.00 $200.00 $250.00 $100.00 $325.00 $225.00 $40.00 $1.50 $105.00 $15.00 Quote $175.00 $20.00 $95.00 $30.00 $50.00 Ate` saftlimmon CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 5/9/2019 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 USI Colorado, LLC Prof Liab B.O. Box 7050 Englewood CO 80155 INSURED GROUNENG1 GROUND Engineering Consultants, Inc. 41 Inverness Drive East Englewood CO 80112 COVERAGES CERTIFICATE NUMBER: 176996092 CONTACT NAME: E (A/C, No, Ext): 800-873-8500 E-MAIL ADDRESS: FAX(NC, No): 303-831-5295 INSURER(S) AFFORDING COVERAGE INSURER A : Berkley Insurance Company INSURER B : Continental Casualty Company INSURER C : Continental Insurance Company INSURER D : NAIC # 32603 INSURER E INSURER F : 20443 35289 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY"t POLICY EXP (MMIDDIYYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 6049524270 6/6/2018 _ 6/6/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGETO RENTED PREMISES (Ea occurrence) 1 000 000 $ , MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X I JECPROT- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE X LIABILITY ANY AUTO Y Y 6049524284 6/6/2018 6/6/2019 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ 1,000,000 $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ x I HIRED AUTOS ONLY x NON -OWNED AUTOS ONLY $ C X UMBRELLA LIAR X OCCUR Y Y 6049524317 6/6/2018 6/6/2019 EACH OCCURRENCE I $ 9,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 9,000,000 X $ DED RETENTION $ in non B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N / A Y 6049524298 I 6/6/2018 1 6/6/2019 X PER STATUTE ERH ER E.L. EACH ACCIDENT $ 1,000;000 ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? N ' E.L. DISEASE - EA EMPLOYEE $ 1,000;000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ '1,000,000 A Professional Liability Pollution Liability Claims Made i Y AEC902082502 6/6/2018 6/6/2019 Per Claim Annual Aggregate $2,000,000 $2,000,000 DESCRIPTION OF As required by Certificate Holder under Automobile performed on non-contributory Compensation. Please note that See Attached... OPERATIONS written and Liability; behalf basis. The Additional / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) contract or written agreement, the following provisions apply subject to the policy terms, conditions, limitations and exclusions: The owner are included as Automatic Additional Insured's for ongoing and completed operations under General Liability; Designated Insured and Additional Insured's under Umbrella / Excess Liability but only with respect to liability arising out of the Named Insured work of the certificate holder and owner. The General Liability, Automobile Liability, Umbrella/Excess insurance applies on a primary and A Blanket Waiver of Subrogation applies for General Liability, Automobile Liability, Umbrella/Excess Liability and Workers Umbrella / Excess Liability policy provides excess coverage over the General Liability, Automobile Liability and Employers Liability. insured status does not apply to Professional Liability or Workers' Compensation. 5 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. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: GROUNENG1 LOC #: ACORO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY USI Colorado, LLC Prof Liab POLICY NUMBER CARRIER NAIC CODE NAMED INSURED GROUND Engineering Consultants, Inc. 41 Inverness Drive East Englewood CO 80112 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE Project: 2019/2020 Weld County Jail 2 -West Project Additional Insured: Weld County and State of Colorado ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. i The ACORD name and logo are registered marks of ACORD 20020007060495242700978 ArznI ESIMBINMOM arriimazin 1.woF� Ifld gaggranni ANA t Additional Insurel ®Owners9 tractors - with Pr ductsC er7 pions C:.::very n Ti ess Y es or m ted rs eat This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: L WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: t the written contract requires you to provide the additional insured such coverage; and 2. this c , ,,,t erage part provides such coverage. IL But if the written c r'` s ntract requires: Am additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under C IVIMERCIAL GENERAL LI ,BILITY CONDITIONS, the Condition entitled ther Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 Insured Name: Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. ANA Ia nket diltiona! r ntractors ith peratiors C v ners9 9Lrassee:s or uctsimCo m deted Endorsem,nt Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1, give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3! does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII, Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Paae2of2 Insured Name: Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Workers Compensation And Employers Liability Insurance y tomorelkr nt 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Copyright 1983 National Council on Compensation Insurance. 20020004660181703469657 aistaanam MIES la= MIINSMIN tignifl 121 POLICY NUMBER: COMMERCIAL AUTO CA 0444/013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CA' } EFULL IVER OF T!;1¼NSFER O AGAINST OTHERS T IG ... OF RECOVE �" Y IVER This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SUBROGATI With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless 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: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUTRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 4410 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 CNA CNA PARAMO NT Architects, Engineers and Surveyors general Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I, below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed oy, on behalf of, or for such additional insured. S. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: CNA74858XX (1-15) Page 2 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40020003260181703320248 MSS Wane emessa BEMEIMINin lelitneflEn Architects, Engineers N1 `A {: F . oU NT nd Surveyors General Liability Extension and r ernent 1. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. supervisory, inspection, architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such g g bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, orovided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions - Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or bn the construction, erection, or removal of elevators; or cc the ownership, maintenance or use of any elevators covered by this insurance; or CNA74858XX (1-15) Faae 3 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. L Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insureds acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2= ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED --- EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part, WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is: a. An individual, then his or her spouse is an Insured; b. A partnership or joint venture, then its partners, members and their spouses are Insureds; c. A limited liability company, then its members and managers are Insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are Insureds; CNA74858XX (1-15) Page 4 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40020003260181703320249 CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft, Auto or Watercraft: This exclusion does not apply to: Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured's inspection or surveying work. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have CNA74858XX (1-15) Page 5 of 18 Copyright CNA AM Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. r hft cts, Engineers and CNA P ^4A L `U T uryy r General Liability Extension En :orsement provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a, bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor bo personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 8. CONTRACTUAL LIABI .iTY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract; bo A sidetrack agreement; cn Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; fo That part of any other contract or agreement pertaining to the Named Insured°s business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named insured assumes the tort liability 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; CNA74858XX (1-15) Page 6 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40020003260181703320250 rasa gOIREIZEISIE Nelmaisiz 1`' MOUNT Architects, Engineers and Surveyors General Liability tensan Enrsernent (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy; provided, however, coverage is afforded to such estates, executors, heirs, legal representatives, administrators, trustees, beneficiaries and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided, however, that the spouse of a natural person Named Insured, and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10, EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or proper5y damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION A. A separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit of any other location. B. All: Damages under Coverage B, regardless of the number of locations involved; G NA74858XX (1-15) Page 7 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Fxtension Endorsement 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single location, will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision, "location" means: 1. a premises the Named Insured owns or rents; or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted, or if the authorized parties deviate from plans, blueprints, designs, specifications or timetables, the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance, 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 railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit, depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard, regardless of the number of locations involved, will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE - PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory, (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and CNA74858XX (1-15) Paae 8 of 18 Copyright CNA AM Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40020003260181703320251 ant ANA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES, Coverage A - Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. to add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; CNA74858XX (1-15) Page 9 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission. OUNT Arch t; ct , Engineers and Sur_.,;, eyors Liability Extension Endorsement b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; L Speech therapist; Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. IL delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; ill= amend the definition of Insured to: a= add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named -insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), 03), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. The Other Insurance condition is amended to delete Paragraph 1341) in its entirety and replace it with the following: Other Insurance CNA74858XX (1-15) Pane 10 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40020003260181703320252 SENS IEUICIIMEN gMEENNO C eta A►rchit c s Engineers nd Sur ey Exte CNiu, P RAMOUNT rs Ge *oral L i a a:f, U U fty si r event b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES A. Past Joint Ventures, Partnerships, Limited Liability Companies The following is added to WHO IS AN INSURED: If the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c, there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company, If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, (hen such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Architects, Engineers And Surveyors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CHIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED: The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations, but ony if such joint venture meets all of the following criteria: a. Each and every one of the Named Insured°s co -venturers are architectural, engineering or surveying firms only; and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However, the Named Insured is an Insured only for the conduct of such Named Insured's business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co - venturers, nor of their partners, members or employees. C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: Except as provided under this Architects, Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Names Insured in the Declarations. GNA74858XX (1-15) Page 11 of 18 Copyright CPA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA pper'' AR o T Architects, En oneers and Surveyors enn g Li IUUty Exten R{::; -n Ems orsernent 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSUREDS CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion jA Damage to Property in its entirety and replace it with the following: This insurance does not apply to: Damage to Property Property damage to: (1) ) (3) (4) (5) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; Premises the Named Insured sells, gives away or abandons, if the property danna part of those premises; e arises out of any Property loaned to the Named Insured; Personal property in the care, custody or control of the Insured; That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insureds behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion 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. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor H. other personal property of others in the Named Insured's care, custody or control while being used in the Named insureds operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; CNA74858XX (1-15) Paue 12 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. .40020003260181703320253 IIMOS aline MMEIMME flt EarnNMI CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement c. property that is an auto, aircraft or watercraft; d. property in transit; or a any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, S25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. CNA74858XX (1-15) Page 13 of 18 Copyright CNA All Rights Reserved. includes copyrighted material of Insurance Services Office, inc., with its permission. CNA PARAMOUNT Architects, Engineers and Surveyors General Liability E to : &o - Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph I .a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: CNA74858XX (1-15) Page 14 of .1 8 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office. Inc., with its permission. 40020003260181703320254 NMNil CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of 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. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision I. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorney's fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred CNA74858XX (1-15) Page 15 (3(118 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS, MEMBERS, DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners, members, directors or employees, but only for bodily injury, property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured's direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a 81,000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: CNA74858XX (1-15) Page 16 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 40020003260181703320255 INNUMMIMIN era CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 27. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insureds ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C,I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. ® CNA74858XX (1-15) Page 17 of 18 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74858XX (1-15) Paae 18 of 18 Copyright UNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 20020004660181703469666 CNA SCA 23 500D (Ed. 10/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT - BA PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE A. Who Is An Insured The following is added to Section I!, Paragraph At, Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, The insurance afforded by this provision AA. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: b. SCA 23 500D (Ed. 10/11) 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Towing Section Ill. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. D. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. E. Personal Property The following is added to Section III, Paragraph A.4. c. We will pay up to $500 for loss to Personal Property which is: (1) Owned by an "insured"; and Copyright, CNA Corporation, 2000. Includes copyrighted material of the Insurance Services Office used with its permission. Page 1 of 3 SCA 23 500D (Ed. 10/11) (2) In or on the covered "auto." This coverage applies only in the event of a total theft of your covered "auto." This insurance is excess over any other collectible insurance and no deductible applies. F. Rental Reimbursement The following is added to Section III, Paragraph A.4.: d. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto." Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 1. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto"; or, (b) 15 days. 2. Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or, (b) $25 per day subject to a maximum of X375. 3. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 4. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. G. Hired "Autos" The following is added to Section M. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with SCA 23 500D (Ed. 10/11) H. I . J. your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned "autos.," e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per "accident. ' Airbag Coverage The following is added to Section ill, Paragraph B.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. Diminution In Value The following is added to Section HI, Paragraph B.6. Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual Copyright, CNA Corporation, 2000. Includes copyrighted material of the Insurance Services Office used with its permission. Page 2 of 3 SCA 23 500D (Ed. 10/11) 20020004660181703469667 nine TINSINEita "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard pads. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV) III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and Ill: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. SCA 23 500D (Ed. 10/11) Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph \.2.a. (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2. b. (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C. v. Policy Period, Coverage Territory Section IV, Paragraph B.7.b.(5) is revised to provide: a. 45 days of coverage in lieu of 30 days DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: 'Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these Copyright, CNA Corporation, 2000. Includes copyrighted material of the Insurance Services Office used with its permission. Page 3of3 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 May 3, 2019 To: Board of County Commissioners From: Toby Taylor Subject: Weld County Jail 2 -West Materials Testing Services; (Bid #B1900087) As advertised, this bid is to perform materials testing services for the Weld County Jail 2 -West expansion project. The low bid is from Ground Engineering and meets specifications. Therefore, Buildings & Grounds is recommending award to Ground Engineering for $116,180. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 001c1- 1951 e,C7©©a WELD COUNTY PURCHASING 1150 O Street, Room 107, Greeley, CO 80631 E -Mail: rturf( weldgov.com E -Mail: reverettc weldgov.com E-mail: cmpeters(a weldgov.com Phone: (970) 400-4216, 4222 or 4223 Fax: (970) 336-7226 DATE OF BID: APRIL 18 REQUEST FOR: WELD COUNTY JAIL 2 -WEST MATERIALS TESTING SERVICES DEPARTMENT: BUILDINGS & GROUNDS BID NO: #B1900087 PRESENT DATE: APRIL 22, 2019 APPROVAL DATE: MAY 6, 2019 VENDOR TOTAL GROUND ENGINEERING CONSULTANTS, INC. $116,180.00 2468 E 9TH ST LOVELAND, CO 80537 TERRACON CONSULTANTS INC $128,445.00 1289 1ST AVENUE GREELEY CO 80631 CTL THOMPSON INC $168,890.00 400 N. LINK LANE FORT COLLINS CO 80524 BLDGS & GRDS ARE REVIEWING BIDS AT THIS TIME. 2019-1557 q10101-- 2.62 boa.. i Hello