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Home My WebLink About20161492.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR SHOOTING RANGE MITIGATION AND AUTHORIZE CHAIR TO SIGN - INTERTECH ENVIRONMENT, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Professional Services for Shooting Range Mitigation between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and Intertech Environment, Inc., commencing upon full execution of signatures and ending May 1, 2017 with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Professional Services for Shooting Range Mitigation between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Buildings and Grounds, and Intertech Environment, Inc., be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of May, A.D., 2016. BOARD OF COUNTY COMMISSIONERS �,,` WELD COUNTY, COLORADO ATTEST: datife J ..S.O.. / ., 1 I u { C.CLo' Mike Freeman, Chair Weld County Clerk t the Board CM c f m Sean P. C nway, Pro-Te Dep y Clerk to the Board C__-- Zew �, L 0,--r-a> Julie A. Cozad AP ROVE► AS TO ar • . t \' IE Ck Par— a t "_'p•" a Kirkmeye �•untyAttorney ' ( .c.. " -ED oreno r� ?itv Date of signature: �® djN �.I 6c: vu L^^w I ae) 0Gr Lin-) 6s_ t(p 2016-1492 BG0018 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY& INTERTECH ENVIRONMENT INC. SHOOTING RANGE MITIGATION THIS AGREEMENT is made and entered into this day of , 201 by and between the r' politic State of Colorado, and through its Board of County of Weld, a body corporate and po t c of the Co y g Commissioners,whose address is 1150"O"Street,Greeley, Colorado 80631 hereinafter referred to as"County," and Intertech Environment, Inc.whose address is 2524 South Rifle Street Aurora,CO 80013,hereinafter referred to as"Contract Professional". WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to perform services as more particularly set forth below; and WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. WHEREAS,Contract Professional is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the services as set forth below; NOW,THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B arc 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. B 1600087". 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 highly 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, 2016-1492 and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibits A&B. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify 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 at any time without 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 Contractor shall be the basis for additional compensation unless and until Contractor 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. 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$ 4,539.00,which is the bid set forth in Exhibit B.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 Public Works, 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 amount set forth in Exhibit B. 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 (and as set forth in Exhibit A provide proof thereof when requested to do so by County. The Contract Professional agrees to indemnify and hold harmless Weld County for any claim related to asbestos exposure injury by any employee or subcontractor. 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. Warranty. 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 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, Contract Professional is aware that all work performed on this Project pursuant to this Agreement is subject to a one year warranty period during which Contract Professional must correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and acceptance of the Project. 12. Acceptance of Services Not a Waiver. 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. Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations,goods or services provided pursuant to this request.Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement,or any extension thereof,and during any warranty period. The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating "Should any of the above-described policies by canceled or should any coverage be reduced before the expiration date thereof,the issuing company shall send written notice to the Weld County 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 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 defend,indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits,actions, or willful acts or omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contract Professional to conform to any statutes, ordinances,regulation, law or court decree. The Contract Professional shall be fully responsible and liable for any and all injuries or damage received or sustained by any person,persons,or property on account of its performance under this Agreement or its failure to comply with the provisions of the Agreement,or on account of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of the materials required herein, or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law,ordinance,order, or decree. The Contract Professional shall also,to the extent permitted by law,indemnify and hold harmless Weld County for all claims relating to the removal,transport, storage, and disposal of the asbestos. Further,the Contract Professional shall,to the extent permitted by law, indemnify and hold harmless Weld County for any claims relating to exposure to asbestos by future contractors hired to demolish the buildings,This paragraph shall survive expiration or termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract,the Contract Professional agrees to waive all rights of subrogation against the County its associated and/or affiliated entities,successors, or assigns, its elected officials, trustees, employees,agents, and volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 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. $5,000,000 each occurrence; $5,000,000 general aggregate; $5,000,000 products and completed operations aggregate; $5,000,000 Personal/Advertising Injury $50,000 any one fire; and $500,000 errors and omissions_ 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. Professional Liability(Errors and Omissions Liability) The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts,errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Contract Professional warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two(2)years beginning at the time work under this Contract is completed. Minimum Limits: Per Loss $1,000,000 Aggregate $2,000,000 Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions(including asbestos)that may arise from the operations of the successful bidder described in the Successful bidder's scope of services. Policy shall cover the successful bidder's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke,vapors, fumes, acids,alkalis,toxic chemicals, liquids, or gases, natural gas,waste materials,or other irritants, contaminants, or pollutants(including asbestos). If the coverage is written on a claims- made basis,the successful bidder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three(3)years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary,parent, associated and/or affiliated entities, successors, or assigns,its elected officials,trustees,employees, agents,and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations". Contractor's Pollution Liability(including errors and omissions)shall be provided for pollution liability that is the result of a breach of professional duties covering claims for third-party bodily injury,property damage, environmental damage caused by pollution conditions, cleanup when mandated by government agencies. The policy shall also include Auto Liability with a CA 9948 endorsement(or equivalent). Coverages with minimum limits to include: i. $5,000,000 per loss; ii. $5,000,000 products/completed operations aggregate. 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 Public Works, 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: Intertech Environment Inc. Attn.: President,Raquel Ojeda Address: 2524 S.Rifle Street Address:Aurora,CO 80013 E-mail: intertechen( .hotm ail,com Facsimile: 303-755-5316 Phone: 720-234-4293 County: Name: Toby Taylor Position: Director of Buildings&Grounds Address: 1105 H Street Address: Greeley,CO 80632 E-mail: ttaylorgweldgov.com Facsimile: 18. Compliance with Law. Contract Professional 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. Contract professional is responsible for the removal and disposal of the asbestos and for complying with all applicable laws regarding the removal,transport,storage, and disposal of the asbestos. 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 by the provisions of Exhibit , the work shall be in compliance with the Davis- Bacon Wage Rates. (If compliance with this statute is required by County under this Agreement, a copy of the information is contained in Exhibit , County's Request for Proposal, and is a part this Agreement.) 30. Attorney's 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. 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 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 of L t4c.e ,20 ice CONTRACT PROFESSIONAL: O.FESSIIONAL: - o j _k— By: Date f02r�G, Name: Title: Ted ice, -- (JAt/?tee WELD COTS YI J GC •t1 ATTEST: U Lug BOARD OF COUNTY COMMISSIONERS Weld Co ty lerk to the Boa d WELD COUNTY,COLORADO BY: :��►t%:^�- ±'.%` Deputy C1er to the Bo 1 • _, � Mike Freeman,Chair 2016 MAY 02 APPROVED AS TO F G F �.�� PPROVED AS TO SUBSTANCE: Controller �w� lected Of cial or Department Head APPROVED AS TO ORM: /— Director e rvices County Attorney tic k; b k ►� REQUEST FOR BID WELD COUNTY, COLORADO I + ��. 1861../-'t-- 1150 O STREET ` ' � GREELEY, CO 80631 �,� � 11j �r-� DATE: MARCH 22, 2016 LTA J JJ NT `�-� BID NUMBER: #B1600087 © U DESCRIPTION: SHOOTING RANGE-HEAVY METAL REMOVAL DEPARTMENT: BUILDINGS &GROUNDS DEPT MANDATORY PRE-BID CONFERENCE DATE: 4/6/16 @ 11:00 AM BID OPENING DATE: 4/20/16 @ 10:00 AM 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: SHOOTING RANGE-HEAVY METAL REMOVAL. A mandatory pre-bid conference will be held on Wednesday,April 6,2016 @ 11:00 am. Please meet at 910 10th Ave, Greeley CO 80631 on the east side of the bldg. Bidders must participate and record their presence at the pre-bid conference to be allowed to submit bids. Bids will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room#107 Greeley CO 80631 until: Wednesday, April 20, 2016 @ 10:00 am (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. PLEASE RETURN PAGES 10 AND 11. 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 bid information on the Weld County Purchasing website at http://www.co.weld.co.us/Departments/Purchasing/index.html located under Current Request for Bids. Weld County Government is a member of the Rocky Mountain E-Purchasing System. The Rocky Mountain E-Purchasing System (BidNet®) is an on-line notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Bid Delivery to Weld County— 3 methods: Please call Purchasing at 970-400-4223 or 4222 if you have any questions. 1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e I d g o v . c o m . 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. BID REQUEST#B1600087 Page 1 2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the following statement on the facsimile:"I hereby waive my right to a sealed bid. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 3. 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. 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. BID REQUEST#61600087 Page 2 4. SUCCESSFUL BIDDER HIRING PRACTICES-ILLEGAL ALIENS Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Agreement, through participation in the E-Verify program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform 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., with regard to public records, and cannot guarantee the confidentiality of all documents. BID REQUEST#B1600087 Page 3 C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act§§24-10-101 et seq., as applicable now or hereafter amended. D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder and its employees and agents only if such coverage is made available by the successful bidder or a third party. The successful bidder shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization, express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set forth in the contract. The successful bidder shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, and (b) provide proof thereof when requested to do so by Weld County. E. Compliance with Law: The successful bidder shall strictly comply with all applicable federal and state laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action whatsoever by any other person not included in the contract. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under the contract shall be an incidental beneficiary only. H. Attorney's Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder, concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder. I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or products necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the project. The successful bidder shall further be responsible for the timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to terminate this Agreement. BID REQUEST#B1600087 Page 4 K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until successful bidder's completion of the responsibilities described in the Bid. L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. 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. BID REQUEST#61600087 Page 5 P. Non-Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or denied at the sole and absolute discretion of County. Q. Interruptions: Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God,fires, strikes, war, flood, earthquakes or Governmental actions. R. Non-Exclusive Agreement: This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 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#B1600087 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 for the payment of any deductible or self-insured retention. County reserves the right to require Successful bidder to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance 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. Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the successful bidder. 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. BID REQUEST#B1600087 Page 7 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: 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. Contractors Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions (including asbestos)that may arise from the operations of the successful bidder described in the Successful bidder's scope of services. Policy shall cover the successful bidder's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims-made basis, the successful bidder warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three(3) years beginning from the time that work under this contract is completed. The policy shall be endorsed to include the following as Additional Insureds: "Weld County its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Successful bidder, including completed operations". Contractor's Pollution Liability (including errors and omissions) shall be provided for pollution liability that is the result of a breach of professional duties covering claims for third-party bodily injury, property damage, environmental damage caused by pollution conditions, cleanup when mandated by government agencies. The policy shall also include Auto Liability with a CA 9948 endorsement(or equivalent). Coverages with minimum limits to include: i. $5,000,000 per loss; ii. $5,000,000 products/completed operations aggregate. 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. BID REQUEST#61600087 Page 8 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 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#61600087 Page 9 PROJECT SPECIFICATIONS: This bid is for the removal of heavy metal containing materials located in the former indoor shooting range Plaza West building basement located at 910 10th Avenue, Greeley. All heavy metal must be removed in their entirety from the shooting range so a remodel can occur. Given the nature of this building's operation the abatement portion must be completed after business hours. This building's business hours are Monday through Friday 6:30 AM until 6:30 PM. 1. All heavy metal containing materials are to be removed from site and disposed of in accordance with applicable directives. 2. Permits must be included in price. Exception: Fees for permits through Weld County will be waived. 3. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements. 4. The report on the findings, locations and quantities of heavy metal containing materials is attached. 5. It is anticipated the bid contract will be finalized on May 9, 2016. Provide your estimated completion date based on this. A separate contract(sample attached) is required. 6. Bid bond is not required. However, a payment and performance bond is required if the bid is over $50,000.00 7. Your bid should be all-inclusive and include all the costs required to perform the abatement to include the costs associated with a project designer(as required), project manager, air sampling, etc. PRICING (please price both options): OPTION#1. Option#1 is Turn-Key. It should include all clean-up, removal, containerizing, manifesting, and disposal costs. TOTAL $ FINISH DATE OPTION#2. Option#2 should include clean-up, disposal, containerizing, and manifesting all wastes. It should not include disposal costs. Weld County will take control and dispose of the drums. The selected contractor will deliver the drums to the Weld County Household Hazardous Waste site at 1311 N. 17th Avenue, Greeley. Delivery should be coordinated with Gabri Vergara at 970-304-6415, X2226. TOTAL $ FINISH DATE Note: Dependent upon proposed costs, the County will select either Option#1 or#2. BID REQUEST#61600087 Page 10 1,,i t- 6 1 he 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. #B1600087. 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 .c f!1?_Y.G i'eds4 drr d77.27e66M, 41tf.C., BUSINESS ADDRESS &,22e lq nom. CITY, STATE, ZIP CODE &I.l�I7.2 tiD SO®/3 TELEPHONE NO ��3D 2,3,id '1.293 FAX 3D3/7SS'SS314, TAX ID# ` ' "J 7-,9-/-1,3-- PRINTED NAME AND TITLE Aar4n .24''-">>'"-00 `f/P.e.epel aorriz r.,rrc19Af„z 44/07 SIGNATURE Ca-57-7-) E-MAIL ati/e 1 a-h e no DATE i°`�.�'1 c,2U/0. **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 -9. BID REQUEST#B1600087 Page 11 PROJECT SPECIFICATIONS: This bid is for the removal of heavy metal containing materials located in the former indoor shooting range Plaza West building basement located at 910 10th Avenue, Greeley. All heavy metal must be removed in their entirety from the shooting range so a remodel can occur. Given the nature of this building's operation the abatement portion must be completed after business hours. This building's business hours are Monday through Friday 6:30 AM until 6:30 PM. 1. All heavy metal containing materials are to be removed from site and disposed of in accordance with applicable directives. 2. Permits must be included in price. Exception: Fees for permits through Weld County will be waived. 3. Work will comply with all applicable Federal, State and local laws, ordnances and regulatory requirements_ 4. The report on the findings, locations and quantities of heavy metal containing materials is attached. 5. It is anticipated the bid contract will be finalized on May 9, 2016. Provide your estimated completion date based on this. A separate contract (sample attached) is required. 6. Bid bond is not required. However, a payment and performance bond is required if the bid is over $50,000.00 7. Your bid should be all-inclusive and include all the costs required to perform the abatement to include the costs associated with a project designer(as required), project manager, air sampling, etc. PRICING (please price both options): OPTION #1. Option#1 is Turn-Key. It should include all clean-up, removal, containerizing, manifesting, and disposal costs. TOTAL $ f• �'�� FINISH DATE'S}mss/ 214's OPTION#2. Option#2 should include clean-up, disposal, containerizing, and manifesting all wastes. It should not include disposal costs. Weld County will take control and dispose of the drums. The selected contractor will deliver the drums to the Weld County Household Hazardous Waste site at 1311 N. 17th Avenue, Greeley_ Delivery should be coordinated with Gabri Vergara at 970-304-6415, X2226. TOTAL $ Bd//� FINISH DATE A04- Note: Dependent upon proposed costs, the County will select either Option#1 or#2. BID REQUEST#61600087 Page 10 ami-i s t..,c. r --- z ''@ .''4. -X v 3 g ° x .fe.4id'd ,ez�mP'. F F ; `ttb.,t r5 E4F '▪"`4 y 4 8 ) / y s"4 i- 41 ,++ ) r; ,4,' '�" ! L�' 5 r t' @ .w' 1, : Jt Y'"'+t 2' r. ,;,..,.:,:3,7,-,;:y.,,-,f, -, 1'�'a t :,/ `�•i., ,y� �i. 1 ,�a T� 7 1 .1;-:-.4",:-'•A,1",":"':'.:1-----'‘ ,�'� �. y z� t-',,�. b ES} ' . --� *Ott -— —1-a .�-- --�. s _Fr ' ^-� .-"..y. 1 //,7<---6:,Culp } <(:-.::..7:-',.:-,..-',,,,', ' mss- t- ,' ` , Hwy !rte/ �� , 42'"' : ,1876 4t r„�''/ t '' Colorado Department ` 5 of Public Health ,' 1 and Environment ' • �� ` General Abatement ent Contractor �v4-- .,,./j This certifies that ,. ` r:i Intertech Environmental, Inc. --,Sr-',A; ,..:-..i';:,,,•!-.'-`? yjyj " A ,i is` 1k l 1%' GAC No., 20855 •' • L has met the certification requirements of 25-7-507, C_R.S. and fir t'o X10. 8 Part B and is hereby ___- °: Quality Control Commission Regulation n __ `` a'i authorized to erfoun asbestos abatement activities in the state of r j.> %j __ Colorado. ;� s Issued: January 07, 2016 '7 ,ic Expires: January 28, 2017 - j ,:-..1,1'.."-;g1C:..1',...--;:-:.::7±3.4;:1:;.--17,:11.ii. .,,7,,.. ..*.'11'-';;*,:=,5,.:) f `il i j •AUtfiCr!/ 1�'l,i)Itt�+f�St:nt3tcYt ^r'F ‘',-;.,--1,1'.- ,▪ ` SlAL..,i '' \..`;,, 4 t'r : Batt 1�C , ",..._r�.v-r7' d rya �-K—�T7.:2;-;77-,„-,.-7.,i;7;..4,-.741F7-4-4„,t -f y z«�" t Z c'; 't f ` ; ty• 1 t I ak kfr A� 1 < y Gty y(• n t art �, �FI- � .t t r r ,, { i,• r -4 g 8aa ✓� 0,17'`�l4.'11. 1 /�- sc.. \_,„;;',.:!-;;.;�3 f�t�� `$-V f/Y� & L'y.it {d `S x rnll'} r 5 tff' 3 40."-'::' A._ :', i!. Ii':- 7 s ;1:-.' .V. �, t� ��,� R'a'h d;;• i4 ,t \�?r ):: t£gi y-,l \6 e,-6 a §t° t.� tiffs ,?4,¢5-.� §te a ;;-% ,V. v4:i.�°O��T'a�. '- ?y xir'^�T.- - }9 �' i 6 \j�, t _ b'` 'v `� � s.�i$. -%`'�s-«ST aeR,-' ay,.t•t,,,,?+ .;,.i�.4f ° -ate/__'"�`- �" +�a.:8+'Ya� : �.i aa�a: 3f�P°� raiS :b a';i'° -._...__.._± - 777-- ._ I I � T 1. `,ry • . •-• k':' a`4 A ftiµ ya •=,-situ_ � __a.._..Y.a t... -. :':' m vas -- _. 2524 S We 51.Awe, Co 80013 cell: O2O)2S1-3761 Otti:a: (3O3)7SS-5316 Project: .C?e, ' eel leti- -- - To: Project Owner; 4) s! —/Cr � '�,r� ig d � Contract Price I. I propose,as General Contractor,to furnish all labor and materials required for the above Project to perform the Project in strict conformity with all plans, invitations to Bid, other specifications and drawings provide by the Project Owner and any laws, properly complete the work and all necessary appurtenances. All work shall be performed in accordance with all Federal, state and local laws, ordinances, regulations, codes. rules and regulations covering the required for the above project of abatement and disposal of asbestos and asbestos containing materials and shall be performed in compliance with all applicable professional standards relating to the Project for the u Sum of; 2. $ Ail,3,- X.-C . Initial to accept"LUMP SUM": ADDITIONAL LINE ITEM �� :$ N/4- . CLIENT INTIALS REQUIRED FOR ACCEPTANCE OF THE"LINE ITEM"Initial: Time of Completion. 3. I agree to execute an Agreement for the Project, delivered the bonds required by that Contract, commence actual work on the Project within the times specified in the contract documents issued in connections with the Project, and to complete the Project within -_ 2.,-3 Working days, excluding Saturdays, Sundays, and legal holidays, after commencements of actual work on the Project unless delayed by any of the causes mentioned in the form of Contract issued in connection with the Project. Examinations and Investigations 4. I acknowledge that I have performed the following: A. Carefully examined the drawing and specifications for the Project as provided by the Project Owner. B. Carefully examined all documents issued in connections with the Project,including: C. Examined the job site on which the Project is to be constructed, including all soil borings, and have made other tests concerning sub soil conditions,and have D. Determined to my own satisfaction all conditions or limitations that exist or that may arise affecting the Project and all difficulties that ma be encountered in the construction of the project. Estimator: Donnie L.Pennington III Certification# ✓/td'- Acceptance of Bid Terms and Contract Amount: 05/2244" Client or Owners Representative Date: Attachment A Note:(Separate Line item is not applied to tile total cost!) tpleiaed Epw-40,,,,, e4+ , ti,c. 12,'J.:; 'f„7:16'''; Oae4L1104a4Twe44,Ftive Yewus O s.a e e e! ,A40-kg ;r ik _ 224 S R-Ve Sz.Ate, Co 80013 Cell: (?20)7S1-3?6y Oyu: (303)?Ss-5316 Submission Date: __V de i j� Attention: /_/'l ��iru., Subject: Asbestos Abatement Scope of Work: Qum > G 0 .do y�.i 4 O� __ eA) e t412 1"41;ateP We have given this project many hours of thought, and careful consideration in determining the best and most efficient way of completing the scope of work,listed above. We at Intertech Environmental Inc.are prepared to accept and complete the terms of the attached bid;Number#_23..24,f) ,at 9,,/d ifd1.,4 iC iIii fJ 431 fora total cost of$ J3?, SEPERATE LINE ITEM_ i.445triZes," 4./(4eZkez4:19 ; S---_ AV4-• • CLIENT INTIALS REQUIRED FOR ACCEPTANCE OF THE"LINE ITEM" Initial: We propose to perform the desired asbestos abatement as follows: The scope of the work includes the removal of asbestos-containing materials. We at Intertech Environmental utilize the most stringent methods and regulations of the regulatory requirements of asbestos abatement.It includes work practices to prevent emissions of asbestos.Intertech Environmental will be responsible for the removal of all materials necessary to facilitate the abatement. Salvaged materials and other materials removed to aid in abatement will be either discarded as asbestos- contaminated material or will be decontaminated using a high-efficiency particulate air filtered(HEPA) vacuum and/or wet methods,unless otherwise specified in the scope of work.This estimate is complete and valid We appreciate the opportunity to submit this quote; we look forward to working with you in the near future! This comes with our reputation and guarantee of quick and satisfactory job performance. Bid offer expires in 3O days. Acceptance of Bid Terms and Contract Amount. eRaerj4- 4.,..00., Raqueit eda/Execlxt,ve President Client or Owners Representative Attachment B IVA?te:(Separate Line item is not applied to the total cost!) tp1ei,-tec E.-v e24 .e4.. ..e, (s.c. 2O.ZS 1.P°01 O Over T-w l f five Yee-04 06 l -elaa&et _----'^1 INTER42 OP ID:BL AcoRr' CERTIFICATE OF LIABILITY INSURANCE DATE 04/14/2016 4/14/2 YYYY) 4411 412 0 1 6 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:719-590-9990 CONTACT NAME: Beckie Larke Six&Geving Insurance,Inc. PHONE - FAX 3630 Sinton Road,Suite 200 Fax:719-590-9992 (ac No.EXt):719-590-9990 talc,No) 719-590-9992 Colorado Springs,CO 80907-5034 AADDRESS;blarke@six-geving.com Linda Krueger — — INSURER(S)AFFORDING COVERAGE 'I NPJC it INSURER A:Arch Specialty Ins Co 121199 INSURED Intertech Environmental,Inc. INSURER s:Arch Insurance Company ,11150 Raquel Arredondo de Ojeda —-_-_ 2524 S.Rifle St. INSURER C:Pinnacol Assurance {41190 Aurora,CO 80013 INSURER D INSURER E: _ _ I INSURER F: i COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADBL'SUBR - ; POLICY EFF I POLICY EXP LTR TYPE OF INSURANCE W INSRI VD:: POLICY NUMBER (MMIDD/YYYY)I IMMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ *5,000,000 DAMAGE re RENTED A X COMMERCIAL GENERAL LIABILITY 1 :12EMP05244-02 02121/2016 02/21/20171 PREMISEStEri o ne_ce,_ $ 50,000 ;____I ! I MED EXP Y CLAIMS-MADE L X OCCUR An one person) $ 5,000 I*LMTS INCR 3/14/16 I PERSONAL&ACV INJURY $ *5,000,000 GENERAL AGGREGATE $ *5,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO _5 *5,000,000 POLICY X PRO- LOC I $ A LIABILITY COMBINED SINGLE LIMIT AUTOMOBILE 1,000,000 I(Ea accidence_ -.._.....___ j B ' ANY AUTO j 11CAB92425-02 02/21/2016 02/21/2017 BODILY INJURY(Per person) $ I AALL UTOS OWNED X AUTOS SCHEDULED IBODILY INJURY(Per accident) $ NON-OWNED 0S PROPERTY DAMAGE II$ X 'HIRED AUTOS X I AUTOS ! I I(Per accident) L__ I UMBRELLA LIAR — OCCUR EACH OCCURRENCE $ i EXCESS UAB i CLAIMS-MADE j I AGGREGATE $ i DED RETENTION$ I 1 I$ WORKERS COMPENSATION i ! I I X I WC SIAM- II I OTH AND EMPLOYERS'LIABILITY Y/N i I-- TORY LIjy]Z S L..._.1 _I C I ANY PROPRIETOR/PARTNER/EXECUTIVE 4189907 02/17/2016 03/01/20171 E.L,EACH ACCIDENT I$ 1,000,000 OFFICERIMEMBER EXCLUDED, y NIA --- - (Mandatory in NH) (COLORADO) I EL DISEASE-EA EMPLOYEE $ 1,000,000 I If yes,describe under I DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT $ 1,000,000 A ICPL Pollution Liab j 12EMP05244-02 02/21/2016 02/21/2017 IPer Occur *5,000,000 *LMT INCR 3/14/16 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) PROOF OF INSURANCE ONLY. If bid is awarded, Certificate will be revised to add Additional Insured to the General Liability and Pollution Liability and Waiver of Subrogation to the General Liability, Pollution Liability and Workers' Compensation. CERTIFICATE HOLDER CANCELLATION WELDC-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Weld County,Colorado ACCORDANCE WITH THE POLICY PROVISIONS. 1150"0"Street Greeley,CO 80631 AUTHORIZED REPRESENTATIVE CO 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD I I I I I Hello