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Home My WebLink About20170625.tiffAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & APEX PAVEMENT SOLUTIONS LLC ASPHALT INSTALLATION -DOWNTOWN PARKING LOT THIS AGREEMENT is made and entered into this ay of "(Me , 201Qby and between the County of Weld, a body corporate and politic of the State of olorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Apex Pavement Solutions, LLC who whose address is 607 10`h Street Suite 207 Golden, CO 80401, 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: I. 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 (RFP) as set forth in "Proposal Package No. B1700055. The RFP 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. 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 B. Both of the parties to this Agreement understand and agree that the laws of the State of 0_5un' 4fl+ G oLe- 3f nisi (t cw/,ee/Tz) cc. t C 1 113C,) i7 02.07- 62,2a� so&po(�i Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify 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 be 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 of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination, County shall take possession of all materials, equipment, tools and facilities owned by County which Contract Professional is using, by whatever method it deems expedient; 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 for by County, and these 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. 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 by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, 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/Contract Amount. 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 $85,497.35 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 Professional under 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 Law (C.R.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. Ownership. All work and information 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 and/or 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 for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. 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.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of 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 professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. 12. Acceptance of Services 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 of reports and incidental material(s) furnished under this Agreement shall not in any way relieve Contract Professional of responsibility for the 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 of 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 Indemnification. 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 11/85, 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 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. 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 cancellation from 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 the deductible or self -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 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 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 shall survive expiration or termination hereof. 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, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The Contract 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; $2,000,000 general aggregate; $2,000,000 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, hired, 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 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 coverage's 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. 14. Non -Assignment. 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 any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Buildings & Grounds, or his designee. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: (a) personal service by a reputable courier service requiring signature for receipt; or (b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or (c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or (d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is required by the sending party. Either party may change its notice address(es) by written notice to the other. Notification Information: Contract Professional: Apex Pavement Solutions, LLC Attn.: Quinten Larkin, Senior Project Manager Address: 607 10th Street Suite 207 Address: Golden, CO 80401 E-mail: glarkin(c)apexnvmt.com Telephone: 303-273-1417 Facsimile: (303) 216-0565 County: Name: Toby Taylor Position: Director of Buildings and Grounds Address: 1105 H Street Address: Greeley, CO 80632 E-mail: ttaylor@co.weld.co.us Facsimile: 970-304-6532 18. Compliance with Law. Contract Professional 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. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Fund Availability. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise appropriated in each succeeding year. 22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of Contract Professional's services and Contract Professional shall not employ any person 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 with the full performance of its obligations under this Agreement. Failure by Contract 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 family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes funding to Contract Professional. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 24. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 28. Public Contracts for Services C.R.S. §8-17.5-101. 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 under 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. §8-17.5-102(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 work status of such employee, and shall comply 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 C.R.S. § 24-76.5-103 prior to the effective date of the contract. 29. Compliance with Davis -Bacon Wage Rates. Contract Professional understands and agrees that, if required the work shall be in compliance with the Davis- Bacon Wage Rates. 30. Attorneys Fees/Legal 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. 31. 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, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Controlli A):PROVE D/AS TO FORM: /v. ounty Attorney Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this /HA day of , anti CONTRACT PROFESSIONAL: Apex Pavement Solutions, LLC By: Qv+tur 4-tt Name: Quinten Larkin Title:_ Senior Project Manager Date 3/14/2017 WELD COZY:_.' . C jedgo;ok ATTEST:-�.du4�1/ Weld City Clerk to the Bo BY: Deputy C APPROVED AS TO FUNDING: �.a7M0.. BOARD OF COUNTY COMMISSIONERS WELD CO, TY,CILODO u ie A. Cozad, Chair MAR 2 7 2017 APPROVED 9S TO SUBSTANCE: or of Genera' ervices 020/7- 0E-2 ATTACHMENT 1 This attachment number one (1) clarifies Apex Pavement Solutions, LLC practice as it pertains to employment eligibility. Reference Section 4. SUCCESSFUL BIDDER HIRING PRACTICES -ILLEGAL ALIENS. Apex Pavement Solutions, LLC attests to the following: AUTHORIZED WORKFORCE EMPLOYMENT ELIGIBILITY VERIFICATION I, Apex Pavement Sol Lions, LLC do hereby affirm and certify that all employees who will work on any job site are authorized to work in the United States. Our company has complied with the instructions for Employment Eligibility Verification Form I-9 requirements, and has a Form I-9 on file that is properly completed for each eligible employee on this job. I agree to provide said documentation upon demand. L , as a representative of EQUAL EMPLOYMENT OPPORTUNITY POLICY Apex Pavement Solutions, LLC provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or genetics. In addition to federal law requirements, Apex Pavement Solutions, LLC complies with applicable state and local laws governing nondiscrimination in employment in every location in which the company has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training. Apex Pavement Solutions, LLC expressly prohibits any form of workplace harassment based on race, color, religion, gender, sexual orientation, gender identity or expression, national origin, age, genetic information, disability, or veteran status. Improper interference with the ability of Apex Pavement Solutions, LLC's employees to perform their job duties may result in discipline up to and including discharge. Form (Rev. December 2014) Department of the Int Revenue Service �ry W-9 b Request for Taxpayer Identification Number and Certification I Name (as shown on you income tax return). Name Is required on this Me; do not leave this line blank. APEX PAVEMENT SOLUTIONS LLC 2 Business name/dIsregarded entity name, if different from above Give Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: ❑ Individual/sole proprietor or 0 C Corporation 0 S Corporation 0 Partnership 0 Trust/estate single -member LLC Q Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnerntup) ► p Nob. For a single -member LLC that is disregarded, do not check tic; check the appropriate box In the line above for the tax classification of the single -member owner. ❑ Other (see Instructions) le 5 Address (number, street, and apt. or suite no.) 607 10TH STREET 4207 a City, state, and ZIP code GOLDEN, CO 80401 7 List account number(s) here (optional) Part I 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (d any) Exemption from FATCA reporting code (t any) Spat b account* rn•ebYt,1 WS* M Requesters name end address (optional) Taxpayer 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 Part I Instructions on page 3. For other entitles, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Part II Certification BoGN Nall* or Employer Idenescetion number 4 5 3 7 0 9 5 5 2 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 font (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 retum. 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 (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. ^ _ Sign Here General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Intonation about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.govNw9. 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 (SSµ), Individual taxpayer identification number (MN), 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) • Form 1099 -Div (dividends, including those from stocks or mutual funds) • Form 1099-µISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-1 (Wibon) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Porn W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. I you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See Whet is backup withholding?on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued). 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you ere a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (If any) indicating that you are exempt from the FATCA reporting, is correct. See Whet is FATCA reporting? on page 2 for further information. Cat. No. 10231% Forth W-9 (Rev. 12-2014) LIZB AC o' CERTIFICATE OF LIABILITY INSURANCE O03/17/2017ATE Y, a3/17non 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). PRODUCERT CCIG Suite i e Greenwood Plaza Blvd. 500 Greenwood Village, CO 80111 _ Lindsey Murray NCC,, HNo, Est): (720) 330-7935 FAX (E j�rc, Nei:1303) 7994156 Utast LindseyM@thinkccig.com INSURERS) AFFORDING COVERAGE NAIC I INSURER A :Westfield Insurance 24112 _ INSURED APEX Pavement Solutions, LLC PO Box 597 Golden, CO 80402 INSURER B: Pinnacol Assurance 41190 _-_ INSURER c: INSURER D : INSURERS: INSURERF: • L.VVCRAUCO s'' 'n1i .vr,, cunne'•.•-... .--.-_-_----__. 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. 'ADDL ILIRR'. TYPE OF INSURANCE INSDI SUER WVD POLICY NUMBER POUCY EFF IMMIDDIYYYYI POUCY EXPI IMMIDOIYYYY) I UNITS A X COMMERCIAL GENERAL LIABIUTY l i OCCUR X X TRA4393849 01101/2017 01101/2018 EACH OCCURRENCE $ 1,000,000 PRMA9E5 (FBENTED aaurrence) $ 500'000 CLAIMS -MADE MED EXP (Any one penal) E 5,000 GEN'L PERSONAL BADV INJURY S 1,000,000 AGGREGATE LIMIT q POLICY `X JEL�T OTHER: APPLIES PER: X LOC GENERAL AGGREGATE 2,000,000 $ - PRODUCTS- COMPIOP AGG $ 2,000,000 f A AUTOMOBILE �_ UABILITY ANY AUTO OWNED AUTOS ONLY AUT0.5 ONLY SCHEDULED AUU�TNNOSWW.TN.�EEpp AUT ONLY X )( TRA4393849 0110112017 01/0112018 COMBINED SINGLE LIMIT E 1,000,000 BODILY INJURY (Per perwnl E. BODILY INJURY (Per accident) E - �FeEaEOT.R�mDAMAGE S E A X UMBRELLA UAB EXCESS UAB X I OCCUR CLAIMS -MADE X X TRA4393849 0110112017 01/0112018 EACH OCCURRENCE _ S 4,000,000 AGGREGATE $ 4'000'000 DED I X I RETENTIONS 0 E B WORKERS EMPLOYERS' COMP' NS ON AA YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEREMBER EXEXCLUDED?NIA (MandAIatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS bete x 4153529 '02/0112017 0110112018 I !(l SEATUTE I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE POLICY LIMIT 1,000,000 S DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be aMehsd a more space is required) RE: 031700055 New Constructed Parking Lot at 1024 9th Avenue As required by written contract or written agreement, the Certificate Holder is Included as Additional Insured for ongoing operations under General Liability and Automobile Liability. As required by written contract or written agreement, a Waiver of Subrogation in favor of the Certificate Holder apply to General Liability, Automobile Liability and Workers' Compensation. Umbrella coverage is Follow Form to General Liability, Automobile Liability and Workers CompensationlEmployers Liability. 30 day notice of cancellation has been endorsed. L.CR I0 -0.441c RVLLIcn Weld County, Colorado 11500 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 gEDOAT © 1988-2015 ACORD CORPORATION. All rights reservea. The ACORD name and logo are registered marks of ACORD ACORD 25 (2016/03) POLICY NUMBER: TRA4393s49 COMMERCIAL OENE& LIAB1LITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ #T CAREFULLY.. ADDmT,,oNAtINst RfA - OAS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR oRGANIZATiON This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons) Or' Oltabisntton(s) LocatIon(s) Of Covered:Operations All persons or organizations when you have agreed In writing in a contract or agreement that such pencils or organizations be added as an additional insured; All Locations Information required to complete this Schedule, if riot shown above, will be shown In the Declarations:,.; A. Section II - Who Is An Insured Is amended to. Include as an additional insured the Person(s) or organization(s) shown In the Schedule, but only with respect to liability for 'bodily injury", "property damage" or 'personal and adver- tising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the additional Insured(s) at the location(s) designated above. However. 1. The insurance afforded to such additional Insured only applies to the extent per- mitted by law; and 2. if Coverage :provided to the additional In- sured Is required by a contract oragree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply; This Insurance does not apply to 'bodily in- jury' or 'property damage' occurring after: 1. All Work; including materials, parts or equipment furnished in connection with such work, on, the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insureds) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury ordamage arises has been put to Its Intended Pee by any person or or- ganization other than another contractor or subcontractor engaged in performing operetions for a principal es a part of the same Protect C. With respect to the Insurance afforded to these additional insureds, the following' is added to Section iii - units OI tnsuranrce If coverage provided to the additional insured: Is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the, applicable Limits of Insurance shown in the Declarations; whichever is lass. This endorsement shall not increase the ap- plicable Limits of Insurance shown In the Declarations. C Insurance Cervices Office, Ina, 2012 CG 2010 0413 'POLICY NUMBER: titAsss38av COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE. READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLUS) OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name O1 Addlgonal Insured Or Organitatton(s) Person(s) . ...- ` Loration(s) And Desorlption Of Covered OpeaPtlons MI persons .or;organizations when you have agreed in writing in a contract or agreement that such: persons or organizations be added as an additional insured. All Locations Information required to complete this Schedule, if not shown above, will be Shown in the Declarations. A. Section II - Who Is An Incised Is amended to include as art additional insured the persons) or organizations) shown in the Schedule, but only with respect to liability for 'bodily Injury" or "property damage" caused, in whole or in part, by `your work" at the location desig- nated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard`; However. 1.. The insurance afforded to such additional insured only applies to the extent per- mitted by and 2. If coverage provided tothe additional in- sured is required by a contract or Agree- ment, the insurance afforded to such additional insured will not be broader than that which you are requiredby the contract or agreement to- provide for such additional insured. B. With respect to. the Insurance afforded to these additional insureds, the following is added to Section ill - Llydi(s Of insurance If coverage provided to the additional insured is required by a contract it agreement, the most we will pay on behalf of the additional insured Is the'anmount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance: shown In the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Declarations. ®`Insurance ServNzslenlca, Inc,, 1012 CG 20:37 0413 7RA4393849 .. .. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY CONTRACTORS ENDORSEMENT This endorsement modifies insurance provided under the foiloviings COMMERCIAL GENERAL LIABILITY COVERAGE FORM Coverage afforded under this expanded coverage endorsement does not apply to any' Person or Organ- ization covered as an additional Insured on any other endorsement now or hereafter attached to this Coverage Form. SCHEDULE The coverage provided by this endorsement is . summarized below and isintended to provide a general coverage description only, I?or the details effecting each coverage please refer to, the tern's and condi- tions In this endorsement A. Expected or Intended Injury e: Reasonable force B. Liquor Liability Coverage Extension C. Non -Owned Watercraft • Increased. to 50 feet D. Non -Owned Aircraft E, Damage To Property - Borrowed .Equipment F. Damage To Premises Rented To You G. personal And Advertising Injury •. Contractual Personal and Advertising Injury • ,Exclusions;, H. Supplementary Payments • Ball Bonds - $2,500 • Lose -ofEarninut- $1,000 I. Additional Insq s -Automatic Status • State or Governmental Agency or Subdivision or Political Subdivision Controling Interest • Managers or Lessors of Premises • Mortgagee, Assignee or Receiver • Owners or Other Interests From Whom Land Has Been Leased • Co -Owners of Insured Premises • Lessor of Leased Equipment J. Who Is An Insured broadened • • Joint Ventures / Partnership / Limited Liability Company • Health Care Professionals (IncidentajMedicai Malpractice) • Individual Owners of Building areaInsured's • Newly Formed or Acquired Entities K. Knowledge and Notice of Occurrence L. Other insurance Condition Amended M. Unintentional Failure To Piscine Hazards N. Waiver of Transfer Of Rights Of Recovery Against Others To Us Automatic Status • O. Liberalization P. Definitions • Bodily Injury redefined • Insured Contract redefined • Expanded Personal and Advertising injury definition A. EXPECTED OR INTENDED INJURY Under SECTION 1, COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE exclusion a. is replaced with the following: a. Expected Or Intended Injury "Bodily Injury" or "propertydamage expected or intended from the standpoint of the insured_ This e* elusion does not. apply -to "bodily -in- jury or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or Properly CG 71371112. Page 1' of 7 B. LIQUOR LIABILITY COVERAGE EXTENSION: SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY :DAMAGE' LIABILITY, Item 2. Exclusions c. Ciquer Li- abllity is deleted, C. NON -OWNED -WATERCRAFT Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, ttern 2. Exclusions g.2(a) Is re• placed with the following: (a) Less than 61) feet bong; and D. NON -OWNED AIRCRAFT Under SECTION 1xCOVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusion§ 9, Aircraft, Auto or Watercraft, the following is -added; (6) An aircraft you do not own pro- vided that (a) The pilot in command holds a currently effective certif- icate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot (b) it is rented with a trained, paid crew; and (c) It does not transport per- sons or cargo for a charge. E. DAMAGE TO PROPERTY - BORROWED, EQUIPMENT Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions J. is deleted and replaced by the following: Damage To Property: (1) (2) Property you own, rent or oc- cupy: Premises you sell, give away or abandon, if the 'property dam- age" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the in- sured; (5) That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly, an your behalf are performing op- erations, if the 'property darn - age" arises out of those Operations;' or (6) That ;particular part of any. real property that must be restored;; replaced, or repaired because 'your wort' was incorrectly performed oh it. Paragraphs (1), (3) and (4). of this exclusion do not apply to: (I) "property damage" to tools or equipment loaned to you if the tools or equipment are not being used to per- form operations 'at the time'of toss; or (II) "property damage"' (other than damage by tire) to premisrented to you or es temporarily occupied to you with the permission of the owner or to the con- tents of premises rented to you for a pe- riod of seven.. t7) or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as de- scribed in Section ill - Limits Of lnserance. Paragraph (2) of this exclusion does not apply If premises are "your work" and Were not occupied, rented or held for rental by you. beyond one year from the date "your work' was. completed. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by You. Paragraphs (3), (4), (5) and (6) of this exclu- sion donot apply to liability assumed under a sidetrack agreement: Paragraph (6) of this exclusion does not apply to 'property damage" included in the "products -completed operations hazard -- F. DAMAGE TO PREMISES RENTED TO YOU Under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions, the last para- graph of Item 2. Exclusions is replaced with the following: Exclusion c. through n, do not apply to dam- age by fireor explosionto premises while rented to you or temporarily occupied by you with permission of the owner. A separate Ilmit of Insurance applies to this coverage as described in Section III - LIMITS OF INSUR- ANCE. CG 7137 1112 Page 2 of s7 G, PERSONAL AND ADVERTISING INJURY Under SECTION .1 COVERAGES,. COVERAGE B PERSONAL AND ADVERTISING INJURY LI- ABILITY, item I. Exclusions e. Contractual Liability Is deleted. Under SECTION l - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LI- ABILITY, the following are added to Item 2. Exdoslotor q. Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or Indirectly related to: the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of anyinsured. r.. Fines or;Penaldes Fines or :penalties levied or imposed by a governmental entitybecause of discrimination. H. SUPPLEMENTARY PAYMENTS Under SECTION I : SUPPLEMENTARY PAY- MENTS COVERAGES A AND B, item 1,b. Is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any Vehicle to which the "Bodily Injury' Liability Coverage applies. We do not have to furnish these bonds. Under SECTION I - SUPPLEMENTARY PAY- MENTS COVERAGES A AND B, item 1:d. is replaced with the following: d. Ali reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or "suit", including "actual loss of earnings up to $1.000 a day because of time off from work. L ADDITIONAL INSUREDS AUTOMATIC STA- TU9 SECTION 11 WHO IS AN INSURED IS amended to include as an insured any person or Organization (called additional insured). described in paragraphs a. through g. below whom you are required to add as an addi- tional insured on this policy under a written contract or written agreement, However the written contract or writtenagreement must. Ere: 1. Currently in effect or becoming effective during the term of the policy; and 2. Executed prior to the "bodily injury. `property damage" or "personal injury and advertising injury', but Only the following persons; or organlXations are additional Insureds under this endorse• ment and coverage provided to such addi- tional. ifitemds is -trend as'provided herein: a. State, or Gevehintentat AGeli tj or Subdlvialon or POnllcai Subdivisions A state :or governmental agency' Or subdivision or political subdivision Subject -lathe following provisions: (1) This₹ insurance appiiesonIy with respecttathe retiniving hazard's for which the stele or grayer* mental agency or subdivision' or political subdivision has Issued" a permit or authorization in connection -with premises you own, rent or control and to which this insurance applies; (a), The existence, repair Main- tenance, erection, con- struction, or removal of advertising signs, awnings canopies; cellar entrances, coal holes, driveways, manholes, marquees; hoist away openings, sidewalk vaults, street banners, or decorations and similar ex- posures; or (b) The construction,: erection, or removal of elevators. (2) Thls Insurance applies only with respect to operations performed byyou or on your behalf for which the state or governmental agency- or subdivision or poli- tical subdivision has issued a perrhit or authorization. This Insurance does not applyto "bodily Injury', `property dam- age" or 'personal and advertis- ing injury" arising out of operations performed for the federal government; state or municipality. b. Managers or Leasers of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that'speclfle part of the premises leased -to you and subject to the following additional exclu- shins: This Insurance dosS not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or Co 7137 11 12 Page: 3 of 7 (2) Structural, alterations, ne,W con- struction or demolition oper- ations 'performed by or on behalf of such additional in- sured. ce Mortgagee, Assignee: or Receiver A mortgagee, assignee or retailer but only with respect to their liability as mortgagee assignee or receiver and arising gut of the ownership, maintenance, or use of a premises by you: This insurance does net apply `to. structural alterations, new con- struction or demolition Operations performed by or for such additional insured. d. Owners Or Other Intereete From Whom Land Has Been Leased An owner or other interest'from who land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specificPart blithe land leased to you and subject to the fol- lowing additonal aitclualons: This insurance doe's not apply to: (1) Any :occurrence' which takes place after you cease to lease that land; or (2) Structural alterations, new con- struction or demotttlon oper- ations performed by or on behalf of such additional ;In- sured. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered_ under this In- surance but only with respect to the co -owners liability as co-owner of such premises. t, Lessor of Equipment Any person Or organization from whom you lease equipment. Such person or' organization are Insureds only with respect to their liability arising out of the maintenance, op- eration or use by you of equipment leased to you by such person or or- ganization. A person's or organization's status as en insured under this endorse- ment ends when their written con- tract or written agreement with you for such leased equipment.ends.. With respect to the Insurance af- forded these additional insureds, the following exclusions apply; e. This Insurance doe's not apply; (1) To any 'occurrence" which takes place after the equipment lease expires; or (2) To "bodily !intuit "pr'operty damage", or "personal end ad- vertising injury. arising Out of the sole negligence of such ad- ditional insured. Any insurance provided to an addi- tional insured designated under par=- agraphs a.(throUgh f, above does not apply to 'bodily `ln)gry' or `property damage' included within the 'pro- d ucts-completed Operations heard'. As respects the coverage provided under this Provision, Paragraph 4.b.(1) of Seddon IV - Commercial General Liability Conditions' is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance (1)' Tilts insurance is excess over: Any other Insurance naming the additional insured as an Insured Whether primary, aces, eon- tingent or on any other basis unless a written contract or written agreement specifically requires that this Insurance ;be either primary or primary and non-contributing; Where. re, 'aired by Written contract'orr written agreement, We wilt 'Coil alder any Other insurance matn- tained by the additional insured for injury or damage covered by this endorsement to be excess and non-contributing with this insurance. J. WHO IS AN. INSURED BROADENED Under SECTION II - WHO IS AN INSURED the following is "added to item 1: L Joint Ventures 1 Partnership I' Lim- ited Liability Company Coverage You :are an insured when you had an Interest in a joint venture, Partner- ship or limited liability company which is terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This :cov- erage does not apply: (1) Prior to the termination date of any joint venture, limited liability company or partnership; or i GG;7137 11 12 Page 4'of 7 (2) If, there is 'other valid, and collectible insurance purchased specifically to insure the joint venture, legal liability company or partnership.. Under SECTION II - WHO IS AN INSURED, 2.a.(1Xd) is deleted and replaced with the fol- lowing: (d) ,Arising, out of his or her providing, or falling to pro- vide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics employed by you to provide health pare services, but only if you are not In the business or occupation of providing such professional services.. Under SECTION II - WHO IS AN INSURED the following is added: 4. For COVERAGE A and COVERAGE B only, the owner of any building teased to you, but only If the building owner is a shareholder In your .corporation or a partner In your partnership insured by this policy, and only with respect to li- ability arising out of the ownership, maintenance or use of that part`. of the premises leased to ;you. However, this insurance does not apply: To any "occurrence" or offense which takes place after you cease to be a tenant in the premises or To structural afteratlons, new con- struction or demolition operations performed by or on behalf of the building. owner. Under SECTION II - WHO IS AN INSURED, 3.a. is deleted and replaced with the following: a. Coverage under this provision la af- forded only until the end of the policy period or the next anniversary ofttris policy's effective date after you ac- quire or form the organization whichever is earlier. Under SECTION II = WHO IS AN INSURED the last paragraph in this section is deleted and replaced with the following: Except as provided in 3. above, no per- son or organization is an Insured With respect to the conduct of any current or past joint venture, limited liability corn- pany or partnership that, Is not shown as a named insured in the Declarations:. a, b. IC KNOWLEDGE AND NOTiCE'Or OCl'.URRENCE L. underSECTiUN rti`-COMMERCIAL GENERAL t.iAaiirrY LON@ITIONS, 2 Dhdles in the Event cf Occurrence,_ Offense, aid* or Sun, the foilewing is added: a. The requirement in Condition 2.a. applies only when the "occurrence` oroffense is known to (1) You, if You are an Individual; (2) A. partner, if you are a partner - (3) ship;. An 'executive officer or fnsur- ance manager, if you ere a cor- poration; pr (4) A manager, ;If you are a limited liability company: The requirement in .Condition 2.b. will not be breached unless the breach occurs after such claim or 'suit°is known to: (1) You, if you are an individual; (2) A partner, if you are a partner- ship; (3) An `executiveofficer or insur- ance manager, if you are 'a:cor- poration; or (4) A manager, if youare a limited liability company: g. Yourrights Under this Coverage Part will not be prejudiced if you fall to give us notice of an 'occurrence: offenser claim, or 'suit' and that failure is solely due to your reason- able belief that the'bodily injury -or 'property damage' is not covered under this Coverage Part. However, you shall give written notice of this 'occurrence,' offense, claim,. or "suite to us as soon as you are aware this insurance may apply to such "occurrence," offense, claim or 'suit.' OTHER INSURANCE CONDITION AMENDED When required by written contract with any additional insured owner: lessee. or contrac- tor to provide Insurance on a primacy and noncontributory •basis, Condition 4 of Section IV - Commercial General Liability Conditions is deleted and replaced by the following: 4. Other Insurance ifothervalid and collectible insurance is available for a lobs we cover tinder Cov- erage A or a of this Coverage Part, our obligations are limited as follows: CO 712E 11'.12 NIPS PIT a: PrimaryInsurance, This insurance is primary and non- contributory except when b. below applies„ b. Excess Insurance This Insurance is excess over any -or the tither insurance, whether pri- nt" excess, contingent, or on', any other basis: (1) That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for :your work; (2) That is Fire insurance for prem- ises rented to you or temporar- ily occupied by you with permission of the owner; or (3) if the loss arises out of the maintenance or use of aircraft, "autos,' or watercraft to the; ex- tent not subject to Exclusion g. of Sectlo"n I--Covenage A. (4) If the loss is caused by the sole negligence of any additional in- sured, owner, lessee, or con- tractor. When this insurance is excess,. we will have no duty under' Coverage A or B to defend the Insured against any 'suit" if any other insurer :has -a duty to defend the Insured against that 'suit?' If no other defends; we will undertake to do so, but we will be entitled to the other insured's rights against all those other Insur- ers. When this Insurance is excess over other insurance, we will pay only our share of the amount of loss,if any, that exceeds the sum of: (0 Thetotal amount that all such other Insurance would pay for the loss In the absence of this Insurance; and. (2) The total of ell deductibles and self -insured amountsunder all that other insurance. We will share the remaining loss„ if any with any other insurante that is not described in this Excess, insur- ance provision and was not bought specifically to apply In excess ofthe limits of Insurance shown In the declarations of thls Coverage Part. M..UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Item B, Represents-. Mons, the following is added; d. Your .fallure to disclose all hazards_ or prior"occurrences' existing as of the inception date:afthts policy. -"shall': not prejudice the coverage` afforded, by this policy, provided such --failure to di§close ale hazards or prior "cc currenceS' is not Intentional. N. WAIVER OF TRANSFER EIF RIGHTS OF RE- COVERT AGAINST OTHERS TO US - AUTO- MATIC STATUS. Under SECTION IY COMMERCIAL GENERAL LIABILITY CONDITIONS, item 9• Transfer Of Rlghtb OI Recovery Against Ethers To lk is deleted and replace tbythefditowing Wewaive any right of recovery we may have against any person or Organization with re- spect to whith the insured has waived its right of recovery. It's further agreed. that work commenced un- der letter of intent pr work.order, subject to subsequent reduction to writing, with cus- tomers Whose isusternarY cvrlttan Contracts would require. a waiver of recovery rights. against them altisi falls within thrs blanket Waiver of recovery rights: O. LIBERALD:ATION' If we. adopt a change In our forms or riles which would broaden coverage for contrec" tors under this coverage Lorin Without an ad- diiional premium .charge; your policy Will automatically provide the additional cover- age's a& of the date the ibetiedened Coverage is effective in your state. P. DEFINITIONS Under SECTION Al - DEFINITIONS„ item 3, Is deleted and replaced with the-folIoWing: 3. 'Bodily Injury" means bodily injury, disa- bility, sickness, or disease sustained by a person, Including death resulting from any of these at any time. 'Bodily injury' includes mental anguish or other mental Injury resulting from "bcctily injury". Under SECTION V • DEFINITIONS, item 9. is deleted and replaced with the following: 9. -Insured Contract" means: b. A contrast fora lease of premises,. However, that portion of the contract for a lease of premises that indem- nifies any person or organization for damage by fire to ;premises while. rented to you or temporarily occu- pied by you with permission of the owner is not an °insured contract"; A sidetrack agreement: c. Any easement or license agreement; .00:713T 11 13 Page :8 of 7 d. An obligation, as required by ordi- nance, to indemnify a manieipaiity except, in connection, with work for a municipality; a. An elevator maintenance agree- ment: 1, That part of any other contract or agreement pertaining to your busi- ness (including an indemnification_ of a municipality in connection with work performed for a municipality) under which you assume the tort li- ability of another patty to pay for 'badi)y injury' 'property damages to a third person or organization. Tort jlabifty 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 ally contractor agreement (1) That indemnities an architect;, engineer, or survey or for Injury or damage arising out of (a) Preparing, approving or failing to prepare or ap- prove,; maps, shop drawings, opinions, reports, surveys, laid orders, change orders or drawings and specifications; or (b) Giving directions or in- structions, or failing to give them, if that lathe primary cause of the Injury or dam- age; or (2) tinder Which, the insured. If en architect engineer or surveyor, assumes liability for alt injury or damage arising out •Of th_e Ensured s rendering or failure to render prOfessl'gnaf services in- cluding those hated In (1) above and supervisory, inspection, ar- chitectural or engineering, at- tivlti'es: Under SECTION V - DEFINmONS, ttent 14. tha following is added to the definition of 'Personal and advertising injury'.: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural persoh, but only if such dis- crimination or humiliation: is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any'execative officer, director,, stockholder, partner, Member or manager (if you are a limited liability company) of the insured; (2) Not directly or indirectly related to the errrployment, ,prospective em- ployment, past. eemployment or ter- mination of mployment of any person or persons by any Irisured. CC 7137 11 12 Page .7 of 7 '1RA4393849 cONIMERC-IAL GENERAL LIAINCOV THIS ENDORSEMENT CHANGESTHE POLICY., PLEASE READ IT CAREFULLY. PRIMARY AND NC.NCCONTRU UTORY - OTHER INSURANCE COAL NyioN This endorseinent modifies insurance' provided underthe following: COMMERCIAL GENERAL LIABILITY<COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insrrrance This insurance is primary to and will not seek contribution from any other insur- ance available to an additional insured under your policy provided that e Ineursnca services Office, ire., 2912:=._. (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a Con- tract of agreement that this i isur- ance would be primary and would not seek contribution from .any other insurance available to the additional insured. ce20et 0413 POLICY NUMBER: 'M4391249 Comment/kJ_ GENERAL LiMN-CITY THIS ENDORSEMENT CHANCESTHE POLICY. PLEASE READ IT CAREFULLY. DESiGNATED CONSTRUCTION P JE(:T(S) GENERAL AGGREGATE OMIT This endorsement modifies insurance prtivided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART Designated Construction Projects: SCHEDULE MI Projects Information required to complete this Schedule, if not shown A. For all sums Which the insured becomes le - gaily obligated to pay as damages caused by 'occurrences' under Section 1 - Coverage A and for all medical expenses caused by acci- dents under Section I - Coverage C, Which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule, above: 1. A separate. Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated' Construction Project General Aggregate Limit is the most we will pay forthe sum of ail damages under Coverage A, except damages because of 'bodily injury' or property damage" included in the 'products -Completed op- eratloflb hazard', and for medical ex- penses under Coverage C regardless of the number of a. Insureds; b. Claims made or 'suits" brought or c. Persons or organizations making claims or bringing 'suite. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Des- ignated Construction Project General Aggregate Limit for that designated con- struction .project. Such payments shall above. will be: shown in the Declarations. not reduce the General .Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated con- struction project shown in the Schedule above. 4, The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown In the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 8. For all sums which the insured becomes le- gally Obligated to pay as damages caused by 'occurrences' under Section I - Coverage A and for all medical expenses caused by acci- dents under Section I - Coverage. C, which cannot be attributed only to ongoing oper- ations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage. A for damages or under Coverage C for medical expenses shalt reduce the amount available under the General Ag- gregate Limit or the Products -Completed Qperattons Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. Insurance Semites MO, icia, 3008 Pagelot2 _C. When coverage hr liability editing out' of -the 'productscompleted operations hazard' is provided, any payments for damages be, cause of 'bodily Injury` or"property damage' included in the 'products completed oper ations hazard' will reduce the Products completed Operations Aggregate Limit; and not reduce the General Aggregate Lim* nor the Designated Construction Project General Aggregate omit. D. It the applicable designated dpindr ttion project has been abandoned delayed, or abandoned arid then restarted, qr if the, ag- thorized contracting parties deviate from plane, blueprints, designs, specifications dr timetables, the protect wilt still be deemed to be the. Sadie construction protect The provisions of Section -10 Limits of Insur- ance not otherwise modified by this endorse- ment -shall continue to apply es stipulated, E. Cc 25 03 05 09 Plfpe 2 of 2 POLICY NUMBER. TRAas93549 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. DESIGNATED LOCATION(S) ,GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locatlon(st: All rented, owned and occupied locations other than construction projects,, Information required to complete this Schedule, if not shown • above, will be shown in the Declarations. A. For all sums which the Insured becomes le- gally obligated to pay as damages caused by 'occurrences" under Section l = Coverage A and for all medical expenses caused by:acci- dents under Section I - Coverage C, which can be attributed only to operations at a sin- gle designated "location" shown in the Schedule above:, 1. A separate Designated Location .General Aggregate Limit applies to each desig- nated location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggre- gate Limit: is the most we will pay for the sum of all damages under Coverage .A, except damages because of `bodily in- jury' or 'property damage' Included in the"products-completed operations haz- ard', and for medical expenses under Coverage C regardless of the number of: a. Insureds; b: Claims made or "suits' brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages Or under'Coverage C for medical expenses shall reduce the Des- ignated Location General Aggregate Limit for that designated "location". Such payments shall not reduce the General Aggregate Limit shown in the _Declara- tions nor shall they reduce arty other Designated Location General Aggregate Limit for any other designated 'location' shown in the -Schedule above. 4. The limitsshown in the. Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However. -instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the insured becomes le- gally obligated to pay as damages caused by 'occurrences' under Section I - Coverage A and for all medical expenses caused by acci- dents under Section I - Coverage C, which Cannot be attributed only to operations at a single. designated "location' shown in the Schedule above: t.. Any payments made Under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Ag= gregate Limit or the Products -completed Operations Aggregate. Limit, whichever is applicable: and 2. Such payments shall not reduce any designated Location General Aggregate Limit. O Insurance Santa Wnce,. Inc:, 2095 CG250410IS09 Page 1of2 D. When coverage for I i:iitp arisingout 4r the D. "products -completed operations hazard' is provided, any -payments for damages .be- cause of "bodily injury" or 'property damage' Included In the "products -completed oper- ations hazard' will reduce the Products- completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Location General Aggregate limit. E. For the purpdses_ of this eidoteemerit.. The. Defn ttoonriSection is amended by the ;addi- tion of tit.taliow►ng definition: 'Location" meant premises- "involving the same or cOfnepting Iota, or premises whose- conneetton is interrupted Honor by a street; roadway, waterway or rfgtit of -way of a. rail, road, the prnyisions of Section tf llm1te of :Insur- ance not otherwise modified .by this endorse- ment shell continue to apply as stipulated. CO 25 04 A 0509 page 2 of 2 TRA4393849 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WES'TFT$LD BUSINESS AUTO ENDORSEMENT This endorsement modifies insurance provided under the following! BUSINESS AUTO COVERAGE FORM SCHEDULE The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details affecting each coverage, please refer to the terms and tondi- flans In this endorsement. A. Who Is An Insured broadened: • Additional Insured by Contract Agreement or Permit' • Legally Incorporated Subsidiaries • Newly Acquired Organizations B. Supplementary Payments • Ball Bonds - $5000 • Loss of Earnings - h500 C. Fellow Employee Exclusion Amendment D. Coverage Extensions • Transportation Expenses • Personal Effects (Excess Basis) E. Addklonaf:Coverages • Expenses;paid for returning a stolen covered auto • Fire Department Service Charge F. Airbag Coverage • Accidental Discharge G. Glass Rep* 'Waiver of Deductible H. Knowledge and Notice:: of an Accident, Claim or Suit I. Unintentional Failure To Disclose Hazards J. Worldwide Coverage K. Definitions • Bodily Injury Redefined In addition to the policy amendments contained in A. through K. listed above, the endorsements listed below will automatically be attached to -your policy to complete the coverage provided by the Signature Series Business Auto Endorsement • Audio; Visual and Data Electronic Equipment Coverage Added Limits - CA 99 80 • Auto 'Loan/Lease : Gap Coverage - CA 20 71 • Drive Other Car Coverage - Broadened Coverage For Named Individuals - (Executive Officers/Spouses) - CA 991O • Employee Hired Autos - CA 20 54 • Employees- As Insureds - CA 99 33. • Hired Auto Physical Damage (Refer to Auto Declarations page) • Rental Reimbursement Coverage- CA 99 23 • Waiver of Transfer of Rights of Recovery (Waiver of Subrogation) - CA 04 44 A. WHO IS AN INSURED BROADENED SECTION iI - LIABILITY COVERAGE, item A. Coverage, 1. Who Is An Insured Is amended to include the 'following additional para- graphs: d. Any legally incorporated subsidiary of yours In which you own more than 50% of the voting stock on the ef- fective date of this. endorsement. However, insured" does not include any subsidiary that is an 'insured- under any other liability policy or would be an 'insured' under sucha policy but for, its termination or the exhaustion of its'thriftof insurance. CJ1 70-71 Q9 17 Page 1 of 3 Coverage under this provision is af- forded only for the that 180 days af- ter you acquire or form the organization or until the end of the policy period, whichever comes first. e. Any organization you newly, acquire or form, other than a partnership or joint venture, and over which you maintain ownership or a majority in- terest However, coverage under this provision: (1) Does not apply if the organiza- tion you acquire or form, is an "Insured' under another auto li- ability policy or would 6e 'in- sured" under such a policy but for its termination or the ex- haustion of its limits of insur- ance; f. (2) Dose not apply to"bodily injury' or 'property damage' that oc- curred before'you , acquired or formed the organization; and (8) Is afforded only for the first 180 days after you acquire or form the organization or until the end of the policy period, whichever comes first. Any person or organization with whom you agreed in writing in a contract, agreement or permit, to provide insurance such as is af- forded underthis policy. This provision only applies If the written contract or agreement has been executed or permit has been issued, prior to the 'bodily injury' or 'property damage". B. SUPPLEMENTAL PAYMENTS SECTION U - LIABILITY COVERAGE, Item A. Coverage, 2. Coverage Extension, a. Sup- plementary Payments, subparagraphs 42) and (4) are deleted and replaced with the follow- ing: (2) Up to $5,000 for cost of bail bonds (including bonds for re- lated traffic law violations) re- quired because of an `accident' we cover. Wedo nothave to furnish these bonds. (4) All reasonable expenses in- curred by the 'insured' at our request, including actual loss of earnings up to $500 per day be- cause of time off from work. C. FELLOW EMPLOYEE EXCLUSION AMEND- MENT SECTION iI - LIABILITY CEP ERAGE, Item B Exclusions, O. Fallow Employee does not ap- ply tithe 'bodily Injury" results (rem the use 'Ora covered 'auto' you own or hire. D. COVERAGE EXTENSIONS SECTION III - PHYSICAL DAMAGE COYER AGE; Item A. Coverage, 4 Coverage ,Fame slens, a, Transportation Expenses Is replaced with the following: a:. TrensPortatlon Expenses We will pay up to $100 par day to a 'maximum of $1,800. for transporta- tion expense Incurred by you be- cause of; the total theft ofe'covered "auto" of the private passengertype, We will pay only for those covered 'autos' for Which you carry ,either Comprehensive orspecified pauses of loss Coverage., We will pay for transportation expenses Incurred during the parted beginning 48 hours atter the theftand ending, regardless of the (wheys expiration, when the covered "auto' is returned to use or We pay for fts The following Is added to Item 4, Cover- age. Extensions: c. Personal Effects We will pay up to $500 for the 'foss' of your personal ,effects that are contained in a Covered "aUtd"due to - the total theft of the covered "auto_" We will pay only for those personal effects that are contained in covered "autos for which you carry either Comprehensive or SpecifiedCauses Of Loss Coverage, Our payment for loss" of or damage to personal effects will apply only on an excess basis over other Collect- ible Insurance. E. ADDITIONAL COVERAGES SECTION Hl • PHYSICAL DAMAGE COVER- AGE, A. Coverage, is amended to include the fOllowing additional. coverage items: 5. We will pay the expense of returning a stolen covered 'auto' to. you., 6. Fire Department Service Charge When a lire department Is called to says or protect a covered 'auto', Its . "equip- ment, its contents or occupants from a Covered Cause Of Loss, we will pay up to $1,000 for your liability for Fire De- partment Service Charges: CA Te tt Pant of3 (a) Assumed by contract or agreement prior to lees; Or tb) Required by Iocalordinance. No deductible applies to this additional coverage. F. AIRBAG COVERAGE - ACCIDENTAL. DIS- CHARGE SECTION III - PHYSICAL DAMAGE COVER- AGE, Item B. Exclusions, subparagraph 3₹a. is deleted and replaced with the following: a. Wear and tear, freezing, mechanical or electrical breakdown. Mechanical breakdown does, not ap- ply to the accidental discharge of an airbag, G. GLASS REPAIR WAIVER OF DEDUCTIBLE SECTION Ili - PHYSICAL DAMAGE COVER- AGE, item, D. Deductible the following para- graph;is added: No deductible Shall apply to glass dam- age if the glass is repaired rather than replaced. H. KNOWLEDGE AND NOTICE OF AN ACCI- DENT, CLAIM OR SUIT SECTION IV - BUSINESS AUTO CONDITIONS, Item A. Loss Conditions is amended es fol- lows: 1, J. Subparagraph a. under Item 2. Duties in The Event Of Accident, Claim, Suit Or Loss, is amended to include the following paragraphs; This requirement applies when the "accident' claim, 'suit" Or loss' is first known to: (t) You, if you are an Individual; (2) A partner, if you are a partner- ship; or (3) An executive officer or insur- ance manager, If you are a cor- poration. Subparagraph b.(2) under 2. Duties In K. The Event Of Accident, Claim, Suit Or Loss is amended as follows: (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or"suh. Your employees may know of documents received concerning a claim or"suit". This will not mean that you have such know- ledge. unte5a receipt'Of such documents Is known,to YOU, any of your executive officers or partners or yob( Insurance manager, 'UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION Ai -BUSINESS AUTO CON. DmoNS,, A. General Condltjoi$, 2. Conoeabnent, Misrepresentation Or Fraud is. amended to Include the following additional paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will net deny coverage under this Coverage Part because of such failure: WORLDWIDE COVERAGE Under SECTION IV - BUSINESS AUTO CON- DITIONS, B. General 'Conditions, 7.. Polley Period, Coverage Territory; subparagraph (5) is deleted and replaced with the follthv ng (5) Anywhere in the world, If, (a) A covered 'ante" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and The 'insured's" responsibility to pay damages Is determined in a 'suit' on the merits; In the United States of America, Puerto Rio or Canada or in a settlement we agree to: (c) If, for such "autos" a 'suit" is brought outside the territory de- scribed In 7.(1) through 7-(4) above, we will reimburse' the insured for defense expenses incurred with our written con- sent, but we wilt make no pay- ment, nor will we reimburse the Insured for damages. (b) DEFINITIONS Under SECTION V - DEFINITIONS, hem C. Is replaced bythe fallowing: C. 'Bodily Injury' means bodily Injury, sick- ness or disease sustained by a person; Including mental anguish, mental injury or death fesuldhg from any of these. "Bodily Injury' includes mental anguish or other mental injury resulting from `bodily injury'. CA 70 77 0911. Page 3 of 3 POLICY NUMBER: TRA439s849 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF T ANSI ER OF .RIGHTS OF RECOVERY AGAINST MI MS TO US (WAIVER OF SUBROGATION) This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSLNES8 AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With reepect,to coverage provided by this endorsement, the previsions of Coverage Form Apply un- less modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date Is Indicated below. Namedd'f teed: Endorsement Effective Date:: SCHEDULE Names) Of Person(s) Or Organization(s): Automatic Status when required by Contract Information required to complete this Schedule, if not shown above, willbeshown In the Declarations.:. The Transfer Of Rights O1 Recovery Against Oth- ers To Us Condition does not apply to the person(s) or Organization(s) shown in the Sched- ule, but only to the extent that subrogation b waived prior to the "accident" or the loss" under a contract with that person or organization. O Insurance-eeMces Gnc,, ino., 2009 CA 04 44 0310 P1NNA COL ASSURANCE 7501 E Lowry Blvd Denver, CO 80230-7006 303-361-4000 / 800-873-7242 www, ptnnacol corn Apex Pavement Solutions LLC 607 10th Street #207 Golden, Co 80401 ENDORSEMENT: Blanket Waiver of Subrogation NCCI #: WC000313B Policy #: 4153529 CCIO 5660 Greenwood Plaza Blvd Suite 500 Greenwood Village, CO 80111 (303) 799-0110 We have the right to recover our payments from anyone liable for an injury covered by this policy. We Will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or: agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date: February 1, 2017 Expires on: January 1, 2018 Pinnacol Assurance has issued this endorsement December 13, 2016. Construction and Natural Resources Center of Excellence Phone (303) 361-4200 / (866) 820-6129 Fax (303) 361-52001(888) 329-2216 7501 E Lawry Blvd Denver, CO 80230-7006 Page 1 orl P LINDSEYA- Underwriter 12/13/2016 12:41:33 4153529 48020973 -359-B '=XHz-Err A REQUEST FOR BID WELD COUNTY, COLORADO 1150 O STREET GREELEY, CO 80631 DATE: February 1, 2017 BID NUMBER: B1700055 DESCRIPTION: ASPHALT — DOWNTOWN PARKING LOT DEPARTMENT: Buildings & Grounds MANDATORY PRE -BID CONFERENCE DATE: February 15, 2017 BID OPENING DATE: February 28, 2017 1. NOTICE TO BIDDERS: The Board of County Commissioners of Weld County, Colorado, by and through its Director of General Services (collectively referred to herein as, "Weld County"), wishes to purchase the following: ASPHALT — DOWNTOWN PARKING LOT A mandatory pre -bid conference will be held at 11:00 a.m., on Wednesday, February 15, 2017, at the parking lot, 1024 9th Avenue, Greeley CO 80631. Bidders must participate and record their presence at the pre -bid conference to be allowed to submit bids. Bids val be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: (RJESSDAY,FEBFtJARY28,2017tm 10130AM f Weld County Purchasing Time Clock), PAGES 1- 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 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 http://www.co.weld.co.us/Departments/Purchasinglndex.html located under "Current Requests". And, on the Bidnet Direct website at www.bidnetdirect.com. Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line 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. Bid Delivery to Weld County — 3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weIdgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. 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 970-336-7225 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 Director of General Services, satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder. Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Director of General Services 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 Director of General Services; 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 Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work BID REQUEST #B1700055 Page 2 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 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 bidder receives federal or state funds under the contract, Successful bidder must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract. 5. GENERAL PROVISIONS 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. Confidential Information: Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information at the top the word, "CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply with the provisions of C.R.S. 24-72-201, et seq.,the Colorado Open Records Act (CORA), with regard to public records, and cannot guarantee the confidentiality of all documents. If Weld County receives a CORA request for bid information marked "CONFIDENTIAL", staff will attempt to contact the bidder in order to allow the bidder to seek an appropriate court order preventing disclosure. Without such an order, Weld County will release the requested information in accordance with CORA. C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. BID REQUEST #B1700055 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. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, conceming 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. BID REQUEST #B1700055 Page 4 L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by the successful bidder shall be the basis for additional compensation unless and until the successful bidder has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of the successful bidder. The successful bidder shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. The successful bidder shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible for the acts and omissions of its agents, employees and subcontractors. O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. The successful bidder further represents and warrants that all services shall be performed by qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all services will conform to applicable specifications. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contractor must correct any failures or deficiencies caused by contractor's workmanship or performance. The bidder warrants that the goods to 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 BID REQUEST #B1700055 Page 5 shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. R. Non -Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere with the performance of the successful bidder's services and the successful bidder shall not employ any person having such known interests. During the term of this Agreement, the successful bidder shall not engage in any in any business or personal activities or practices or maintain any relationships which actually conflicts with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful bidder. T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra- judicial body or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and void. V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change order" authorizing such additional payment has been specifically approved by the County's delegated employee, or by formal resolution of the Weld County Board of County Commissioners, as required pursuant to the Weld County Code. X. Taxes: County will not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. BID REQUEST #61700055 Page 6 6. INSURANCE REQUIREMENTS General Requirements: Successful bidders must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Successful bidders shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the issuing company shall send written notice to the Weld County Director of General Services 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 Successful bidder. Successful bidder shall be responsible forthe payment of any deductible or self -insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self -insured retention to guarantee payment of claims. The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Successful bidder. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Successful bidder from liabilities that might arise out of the performance of the work under this Contract by the Successful bidder, its agents, representatives, employees, or subcontractors. The successful bidder shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The successful bidder is not relieved of any liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types. The successful bidder shall maintain, at its own expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld County. The successful bidder stipulates that it has met the insurance requirements identified herein. The successful bidder shall be responsible for the professional quality, technical accuracy, and quantity of all materials and services provided, the timely delivery of said services, and the coordination of all services rendered by the successful bidder and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. INDEMNITY: The successful bidder shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the successful bidder to conform to any statutes, ordinances, regulation, law or court decree. The successful bidder shall be fully responsible and liable for any and all injuries or damage received or sustained by any person, persons, or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account of or in consequence of neglect of The successful bidder in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or termination hereof. It is agreed that the successful bidder will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the successful bidder agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the successful bidder for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. Types of Insurance: The successful bidder shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: BID REQUEST #B1700055 Page 7 Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of the successful bidder's employees acting within the course and scope of their employment. Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a successful bidder or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such successful bidder or subcontractor executes the appropriate sole proprietor waiver form. Commercial General Liability Insurance for bodily injury, property damage, and liability assumed under an insured contract, and defense costs, with the minimum limits must be as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury Automobile Liability: Successful bidder shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. Successful bidders shall secure and deliver to the County at or before the time of execution of this Agreement, and shall keep in force at all times during the term of the Agreement as the same may be extended as herein provided, a commercial general liability insurance policy, including public liability and property damage, in form and company acceptable to and approved by said Administrator, covering all operations hereunder set forth in the Request for Bid. Proof of Insurance: County reserves the right to require the successful bidder to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Successful bidder's insurer shall name County as an additional insured. Waiver of Subrogation: For all coverages, Successful bidder's insurer shall waive subrogation rights against County. Subcontractors: All subcontractors, subcontractors, independent contractors, sub -vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverage's required of Successful bidder. Successful bidder shall include all such subcontractors, independent contractors, sub - vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Successful bidder agrees to provide proof of insurance for all such subcontractors, independent contractors, sub -vendors suppliers or other entities upon request by the County. The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated herein by this reference. BID REQUEST #81700055 Page 8 SPECIFICATIONS This bid is for the installation of asphalt on the newly constructed parking lot located at 1024 9th Avenue. The project scope involves: 1. Construction of phase 2 of the parking lot. 2. Contractor will remove of the 5 -inches of CDOT Type 5 aggregate. 3. Any disturbance of material deeper than 5 -inches will require the contractor to compact and level for the installation of asphalt. 4. Contractor will install 5 -inches of Hot Mix Asphalt (Grading — SX'/z') (PG -64-22) (25% RAP). Asphalt shall be installed in 2 lifts. All construction shall be per CDOT specification 403. 5. Asphalt shall be terminated at locations appropriately 6. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 7. All work is to be completed in a professional workmanship manner. 8. Materials testing will be performed by the County's 3'° party vendor, as required. 9. Bid bond is not required. 10. Davis -Bacon and Buy American requirements are NOT required. 11. Contractor will be required to enter into a contract for this service 12. It is anticipated the removal of gravel will begin on April 15th (weather permitting). With subsequent asphalt installation when asphalt plants open. PRICING TOTAL PROJECT COST $ COMPLETION DATE BID REQUEST #B1700055 Page 9 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. #81700055. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM BUSINESS ADDRESS CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID # PRINTED NAME AND TITLE SIGNATURE E-MAIL DATE **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. BID REQUEST #B1700055 Page 10 ADDENDUM#2 BID REQUEST NO. B1700055 ASPHALT — DOWNTOWN PARKING LOT Buildings & Grounds Dept PLEASE ADD ITEM 13 THROUGH 18 ON PAGE 9 AS FOLLOWS: 13. Where asphalt meets alleyway, it is expected that the area be saw cut in a straight line and patched. In addition, between new concrete and alley asphalt there is a strip of dirt that will need to have material removed and infilled with same 5 -inches of asphalt. The total square footage of these areas are estimated to be 350 square feet and are shown in attached diagram. Contractor to verify exact measurement for inclusion in scope of work. 14. Contractor is responsible to remove and properly dispose of any material removed from site. 15. Any surveying required is responsibility of contractor. 16. Materials testing will be coordinated with County's third party tester. 17. Parking lot paint color will be white. 18. Contractor must account for traffic plan and any fees through the City of Greeley. Please skin and email back to bids@weldslov.com. Thank You!r" Addendum received by: FIRM ADDRESS CITY AND STATE BY TITLE FEBRUARY 23, 2017 q n J O. 921 6l 3„ I Z,00.00P n fl n -- fl ADDENDUM#1 BID REQUEST NO #61700055 ASPHALT — DOWNTOWN PARKING LOT Buildings & Grounds Department VENDORS WHO CHOOSE TO SUBMIT A BID MUST SIGN AND SUBMIT THIS ADDENDUM WITH ANY BID. YOUR BID MAY BE SUBMITTED TO bids@weldaov.com. Thank you! 1) PLEASE NOTICE DRAWING OF PARKING LOT ATTACHED. ***Please sign and email or fax so we know you received this notice. Thank You!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY TITLE FEBRUARY 16, 2017 ADDENDUM#3 BID REQUEST NO. B1700055 ASPHALT — DOWNTOWN PARKING LOT Buildings & Grounds Dept. Per posting on Bidnet Direct Website it reads as: ( NOTE CHANGE OF TIME) Bids wi be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: (TUESDAY, FEBRUARYS, 2017O 1000AM (Weld Count/ Purchasing Time Clock) SHOULD READ AS: Bids wil be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: jiUESDAY. FEBFtUARY23.2017 ZOO PM (Weld Count), Purchasing Time Clock), ***Please sign and email back to bids@weldgov.com. Thank You!*** Addendum received by: FIRM ADDRESS CITY AND STATE BY TITLE FEBRUARY 27, 2017 naa IRBI-E6-009—.^ iaiDsra start WE NNN* WYE VI4d 0307V SEW WSW SNCISIMEI nianuawT ___ L MINIAr N16 Oll•Suuaausu3 aaueNly 4 AThflOD al]M NVId ONVAVd 11VHdSV Ng1J@LLSNOO ONIUdS L 3SVNd 1O1 ONIJINVd NMOINMOO 10 1a EXfrThf—y 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. #B1700055. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below -named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. FIRM Apex Pavement Solutions, LLC. BUSINESS ADDRESS 607 10'^ Street Suite 207 CITY, STATE, ZIP CODE Golden, CO. 80401 TELEPHONE NO 303-273-1417 FAX 303-216-0565 TAX ID # 45-3709552 PRINTED NAME AND TITLE Quinten Larkin Senior Project Manager SIGNATURE Qwk r Iez%K E-MAIL QLarkin@apexpvmt.com DATE 2/27/2017 **THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE** WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8. BID REQUEST #B1700055 Page 10 SPECIFICATIONS This bid is for the installation of asphalt on the newly constructed parking lot located at 1024 9th Avenue. The project scope involves: 1. Construction of phase 2 of the parking lot. 2. Contractor will remove of the 5 -inches of CDOT Type 5 aggregate. 3. Any disturbance of material deeper than 5 -inches will require the contractor to compact and level for the installation of asphalt. 4. Contractor will install 5 -inches of Hot Mix Asphalt (Grading — SX'/:") (PG -64-22) (25% RAP). Asphalt shall be installed in 2 lifts. All construction shall be per CDOT specification 403. 5. Asphalt shall be terminated at locations appropriately 6. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 7. All work is to be completed in a professional workmanship manner. 8. Materials testing will be performed by the County's 3rd party vendor, as required. 9. Bid bond is not required. 10. Davis -Bacon and Buy American requirements are NOT required. 11. Contractor will be required to enter into a contract for this service 12. It is anticipated the removal of gravel will begin on April 15th (weather permitting). With subsequent asphalt installation when asphalt plants open. PRICING TOTAL PROJECT COST COMPLETION DATE $85,497.35 4/28/2017 BID REQUEST #B1700055 Page 9 Marcia Walters From: Sent: To: Subject: Attachments: PAVEMENT WIDU5 Quinten Larkin Senior Project Manager Apex Pavement Solutions, LLC. DBA Apex Pavement Solutions Northern Colorado Division glarkin@apexpvmt.com 970.889.3280 Quinten Larkin <qlarkin@apexpvmt.com> Tuesday, February 28, 2017 12:32 PM bids Addendum #3 Downtown Parking Lot ADDENDUM 3 -ASPHALT DOWNTOWN PARKING LOT.docx Rose Everett From: Sent: To: Subject: Attachments: Quinten Larkin <glarkin@apexpvmt.com> Friday, February 24, 2017 4:24 PM bids Downtown Parking Lot No. #61700055 SPECS - ASPHALT DOWNTOWN PARKING LOT-55.docx; ADDENDUM 1 -ASPHALT DOWNTOWN PARKING LOT.docx; ADDENDUM 2 -ASPHALT DOWNTOWN PARKING LOT.docx "I hereby waive my right to a sealed bid". Respectfully, Quinten Larkin + � A PAIIIMENT SOIMIONS Quinten Larkin Senior Project Manager Apex Pavement Solutions, LLC. DBA Apex Pavement Solutions Northern Colorado Division dlarkin@apexpvmt.com 970.889.3280 1 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 March 6, 2017 To: Board of County Commissioners From: Toby Taylor Subject: Asphalt- Downtown Parking Lot; Bid #B1700055 As advertised, this bid is for the installation of asphalt on the newly constructed parking lot located at 1024 9m Avenue. The low bid was from Apex Pavement Solutions LLC and meets specifications. Therefore, Buildings & Grounds is recommending the bid be awarded to Apex Pavement Solutions LLC for $85,497.35 If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 02a 17- o 1% DOl�! WELD COUNTY PURCHASING 1150 O Street Room 107, Greeley CO 80631 E -Mail: mwalters@co-weld_co_us E-mail: reverett@co.weld.co.us Phone: (970) 400-4222 or 4223 Fax: (970) 336-7226 DATE OF BID: FEBRUARY 28, 2017 REQUEST FOR: ASPHALT - DOWNTOWN PARKING LOT DEPARTMENT: BUILDINGS & GROUNDS DEPT BID NO: #61700055 PRESENT DATE: MARCH 1, 2017 APPROVAL DATE: MARCH 15, 2017 VENDOR APEX PAVEMENT SOLUTIONS LLC 607 10TH ST SUITE 207 GOLDEN CO 80401 ASPHALT SPECIALTIES COMPANY INC 10100 DALLAS ST HENDERSON CO 80640 GOLTZ ASPHALT COMPANY 3466 E CTY RD 20C #B5 LOVELAND CO 80537 CONNELL RESOURCES INC 7785 HIGHLAND MEADOWS PKWY SUITE 100 FT COLLINS CO 80528 THE PERFECT PATCH ASPHALT CO INC 3803 E 64TH AVE COMMERCE CITY CO 80022 TOBY TAYLOR WILL REVIEW THE BIDS. TOTAL $85,497.35 $89,650.00 $89,850.00 $107,195.00 $192,488.00 COMPLETION DATE 4/28/17 5/05/17 4/26/17 5/31/17 4/22/17 6& OD/9 Hello