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Home My WebLink About20142708.tiff Document 714 Request for Change Order PROJECT: Name and address) CHANGE ORDER NUMBER 1 Human Services Elevator DATE: Feb. 20, 2015 315 N. 11th Ave. ( 81400ISV4 Greeley. CO 80631 ARCHITECTS PROJECT NUMBER CONTRACTOR: (Name and address) Classic Contractors, Inc CONTRACT DATE 23-Jun-14 P.O. Box 2798 Loveland, CO 80539 CONTRACT FOR: Human Services Elevator Modernizatic We are requesting the following changes to the Work: (Include all changes in the work below. use additional sheets if required)Replace 2 elevator doors to with expedited shipping $ 10.550.00 Add 20 days to Contract Exclude costs for asbestos abatement contractor and disposal of existing doors The original ( Contract Sum) (Guaranteed Maximum Price) was $ 149596.00 s 0.00 The net change by previously authorized Change Orders The Contract Sum (Guaranteed Maximum Price) prior to this Change Order was s 149590.00 The Contract Sum ( Maximum Price) will be increased /decreased /unchanged 10550.00 by this Change Order in the amount of 110550.00 The new (contract Sum) (guaranteed Maximum Price) including this Change Order will be $ LIST SCHEDULE IMPACT BELOW IF ANY Add 5 days to schedule Board of Weld Classic Contractors, Inc County Commissioners CONTRACTOR (Firm name) OWNER(Firm name) ARCHITECT (Firm name) 1150 0 Street PO Box 2798, Loveland. CO 805: Greeley , CO 80632 ADDRESS ADD: ADDRESS BY (Signature) BY (Signature) BY (Signature) Karl Schmidt Barbara Kirkmeyer , Chair (Typed Name) (Typed Name) (Typed Name) MAR 0 9 2015 5-Mar-15 DATE DATE DATE 6 -6 y - a7o $ 3 - g - pis 3 ° "� P4o014' AI Document A312TN-2010 Performance Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place ADDITIONS AND DELETIONS: Classic Contractors,Inc. of business) The author of this document has P.O.Box 2798 North American Specialty Insurance Company added information needed for its Loveland,CO 80539 475 N Martingale Road,Suite 850 completion.The author may also Schaumburg,IL 60173 have revised the text of the original OWNER: AIA standard form.An Additions and (Name,legal status and address) Deletions Report that notes added Weld County Department of Purchasing information as well as revisions to the 1150"O"Street standard fan text is available from Greeley,CO 80631 the author and should be reviewed.A CONSTRUCTION CONTRACT vertical line in the left margin of this Date:September 17,2014 document indicates where the author Amount: $149,596.00 has added necessary information Description and where the author has added to a (Name and location) deleted from the original NA text. Elevator Modernization-Human Services Bldg.A,315A North 11th Ave.,Greeley,CO This document has important legal 80631 Bid Request No.B1400156,Purchase Order No.P1400634 consequences.Consultation with an attorney is encouraged with respect BOND#2188119 to its completion or modification. Date:September 26,2014 (Not earlier than Construction Contract Date) Any singular reference to Contractor. Surety.Owner a other party shall be Amount $149,596.00 considered plural where applicable. Modifications to this Bond: X None See Section 16 atrtmnnrq, CONT fA? N SURETY Core •' to Seal) Company: (Corporate Seal) ClaEaontr North American Specialty Insurance Company f/1 Sigrl5tire Signature: L p,.,�,_ _c_�•.�,�� Nimoa i ; 4N /D% Name and Diane F.Clementson Tit : •. . � Title: Attorney-in-Fact �4n?ygddiilrtme(s;g es pear on the last page of this Performance Bond) COL OP (FOR INi 12.42110 ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Flood and Peterson (Architect,Engineer or other par S':) P.O.Box 578 Greeley,CO 80632-0578 /Ori'T� 64 AIA Document A31,—2010 Performance Bond.The American hsoWte of Architects.All rlgMs reserved.wARNWO:This AleDocument is protected by M. U.B.Copyright Law and International Treaties.Unauthorized reproduction or distribution of This AIA®Document,or any pardon of N,may result In 1 severe Mil and criminal penalties,and wNl be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:48:53 on 0 911 7/2 01 3 under Order No.2800313022_1 which expires on 1 013 0/2 01 3,and is rat for resale. User Notes: (1649632633) 67,24.wlt— ,20/V--270Y § 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators, successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference,the Surety may.within five(5)business days after receipt of the Owners notice, request such a conference. If the Surety timely requests a conference,the Owner shall attend. Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (1 U)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety: and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to the Owner: or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall he entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability, in whole or in part without further notice the Owner shall be entitled to enforce any remedy available to the Owner. init. AIA Document A312'•-2010 Perfomrance Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this sue Document,or any portion of It,may result In 2 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:48:53 on 09/17/2013 under Order No.2800313022_1 which expires on 10/30/2013,and is not for resale. User Notes: (1849632633) § 7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors,administrators,successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. § 11 Any proceeding, legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. Init. MA Document A312,"-2010 Performance Bond.The American Institute ofArchitects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthodzed reproduction or distribution of this Alt'Document,or any portion of It,may result in 3 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AM software at 15:48:53 on 09/17/2013 under Order No.2800313022_1 which expires on 10/30/2013,and is not for resale. User Notes; (1649632633) § 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows. (Space is provided below for additional signatures of addedpartie.g other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Init. AIA Document A312a-2010 Performance Bond.The Ameri can Institute ofArchitects.All rights reserved.WARNING:This Ale Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Alt Document,or any portion of it,may result In 4 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:4953 on 09/17/2013 under Order No.2800313022_I which e) ires on 10/30/2013.and is not for resale. User Notes: (1649632633) LAIA Document A312TN - 2010 Payment Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place business) ADDITIONS AND DELETIONS: of Classic Contractors, Inc. The author of this document has P.O. Box 2798 North American Specialty Insurance Company added information needed for its Loveland,CO 80539 475 N Martingale Road,Suite 850 completion.The author may also Schaumburg, IL 60173 have revised the text of the original OWNER: AIA standard form.An Additions and (Name, legal status and address) Deletions Report that notes added Weld County Department of Purchasing information as well as revisions to the 1150"O"Street standard form text is available from Greeley,CO 80631 the author and should be reviewed.A CONSTRUCTION CONTRACT vertical line in the left margin of this Date:September 17, 2014 document indicates where the author Amount: $149,596.00 has added necessary information Description: and where the author has added to or (Name and location) deleted from the original AAA text. Elevator Modernization -Human Services Bldg. A, 315A North 11th Ave., This document has important legal Greeley, CO 80631 Bid Request No. B1400156 consequences.Consultation with an attorney is encouraged with respect BOND# 2188119 to its completion or modification. Date: September 26, 2014 (Not earlier than Construction Contract Date) Any singular reference to Contractor, Surety,Owner or other party shall be Amount: $149,596.00 considered plural where applicable. Modifications to this Bond: X None See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: ,pu( orate Seal) Company: (Corporate Seal) Classic Cop! North American Specialty Insurance Company SignaturQ` ,•mac • • -(g� Signature'. _ *.x.02, Nam e air , -/4Z Name and Diane F. Clementson Title: E ''C • . ,'" Title: Attorney-in-Fact (4ty ai�an� t4ir�aptti z. the last page oftlns PaymerstBwsd) (FOR SORhc4TION 010—lame, address and telephone) AGENT or?jR O RA," o`°• OWNER'S REPRESENTATIVE: ta (Architect Engineer or other party.) Flood and Peitdesomr"tr P.O. Box 578 Greeley, CO 80632-0578 Init. AIA Document A312,"-2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.B.Copyright Law and International Trestles.Unauthorized reproduction or distribution of this Ale Document,or any portion of lt,may result In 1 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 15:49:49 on 09/17/2013 under Order No.2800313022_1 which eypires on 10130/2013,and is not for resale. User Notes: (2034659412) § 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators, successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference, subject to the following terms. § 2If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims, demands,liens or suits against the Owner or the Owner's property by any person or entity • seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was, furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety(at the address described in Section 13). § 5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. InIL AIA Document A312""—2010 Payment Bona The American Institute of Architects.All rights reserved.�NARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any portion or it,may result in 2 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:49:49 on 09117/2013 under Order No.2800313022 1 which expires on 10130/2013,and is not for resale. User NOtes: (2034659412) § 10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of;Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim.A written statement by the Claimant including at a minimtmt: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous paym ents received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. § 16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline, telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. § 16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312""—2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of It,may result In 3 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15 48 49 on 09/17/2013 under Order No.2800313022_1 which expires on 10/30/2013,and is not for resale. User Notes: (2034659412) § 16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Init. AIA Document A3121e-2010 Payment Bond.The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or arty portion or it,may result In 4 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 15:49:49 on 09117/2013 under Order No.2800313022_1 which expires on 10/30/2013,and is not for resale. User Notes: (2034659412) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: RUSSELL D.LEAR,DARLENE KRINGS,JENNIFER WINTER,K'ANNE E.VOGEL, ROYAL R.LOVELL,KAY DILL,DIANE F.CLEMENTSON,BRANDI J.TETLEY and KELLY T.URWILLER JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." oinmmrbrh/i inwnu Sp94t..0 4t..04.0P6. FQSPtpPO3r/4,% -3a??16°SEAL S'i SSty teven P.Anderson,Senior vice President of Washington International Insurance Company j7 SEAL reG giclj, 1073 4t: &Senior vice President of North American Specialty Insurance Company �Ot O 4i 12:4 rD't te b •01 so —e FynBy _ 'ts, 6/a "Dr h///llllllllll\\00 (I\'�f �/ David M.Layman,vice President of W ashington International Insurance Company41L °med� &vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this20th day of June ,2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 20th day of June ,2012,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL" r+4.gm-AAAl; 'n-,1' DONNA D.SKLENS _ Notary Public,Slate of Illinois Donna D.Sklens,Notary Public My Commission Expires 10/06/2015 I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 26 tilt)/of September ,20 Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&Nonh American Specialty Insurance Company AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY & CLASSIC CONTRACTORS, INC. FOR ELEVATOR MODERNIZATION it flnL,1eist0 THIS AGREEMENT is made and entered into this � day of L t/ , 20k, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Classic Contractors, Inc., a corporation, who whose address is 3995 North County Road 1 Loveland, CO 80538, 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, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contract Professional acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract Professional's willingness and ability to meet those requirements. Exhibit A consists of County's Request for Proposal (RFP) as set forth in "Proposal Package No. B 1400156". 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 Exhibits A and B which are 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. Contract Professional is expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the Contract Professional's risk. 3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall continue through and until Contract Professional's completion of the responsibilities described in Exhibits A and B. 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,(I)the sum of the amounts contained in invoices which it has submitted and which have been approved by the County;(2)the reasonable value to County of the services which Contract Professional provided prior to the date of the termination notice,but which had not yet been approved for payment;and(3)the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work.County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination,County shall take possession of all materials,equipment,tools and facilities owned by County which Contract Professional is using,by whatever method it deems expedient;and,Contract Professional shall deliver to County all drawings,drafts or other documents it has completed or partially completed under this Agreement,together with all other items,materials and documents which have been paid for by County,and these items,materials and documents shall be the property of County. Copies of work product incomplete at the time of termination shall be marked"DRAFT-INCOMPLETE." Upon termination of this Agreement by County,Contract Professional shall have no claim of any kind whatsoever against the County by reason of such termination or by reason of any act incidental thereto,except for compensation for work satisfactorily performed and/or materials described herein properly delivered. 5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties.No additional services or work performed by Contract Professional shall be the basis for additional compensation unless and until Contract Professional has obtained written authorization and acknowledgement by County for such additional services. Accordingly,no claim that the County has been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment,shall be the basis of any increase in the compensation payable hereunder. In the event the County shall require changes in the scope,character,or complexity of the work to be performed,and said changes cause an increase or decrease in the time required or the costs to the Contract Professional for performance,an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement.Any claims by the Contract Professional for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement 6.Compensation/Contract Amount. Upon Contract Professional's successful completion of the services,and County's acceptance of the same,County agrees to pay an amount no greater than$149,596.00, 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. 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. Service Calls in the First One Year Period: The Contract Professional 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. 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, during any warranty period, and for three (3) years after termination of the Agreement.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. 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. Minimum Limits: Coverage A (Workers' Compensation) Statutory Coverage B (Employers Liability) $ 100,000 $ 100,000 Commercial General Liability Insurance shall include bodily injury,property damage, and liability assumed under the contract. $1,000,000 each occurrence; $1,000,000 general aggregate; $1,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury 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. Contract Professional agrees that any duly authorized representative of County, including the County Auditor, shall, until the expiration of five (5) years after the final payment under this Agreement, have access to and the right to examine and audit any books, documents, papers and records of Contract Professional, involving all matters and/or transactions related to this Agreement. 16. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 17. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. The County Representative for purposes of this Agreement is hereby identified as, Director of Weld County Department of Buildings and Grounds, or his designee. Either party may change its notice address(es)by written notice to the other. Notification Information: Contract Professional: C� x,� ((;,,1,„r4 As Address:P.._ /$ox (21()if E-mail: sotgmiAkle:et, Q;;,kme 1 .erni Facsimile: ill) VI? .loO' County: Name: Toby Taylor Position: Director of Buildings & Grounds Address: 1105 H Street, Greeley CO 80631 E-mail: ttaylor@weldgov.com Facsimile: (970) 304-6532 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. 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 of 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. 30. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 31. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 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 VyHEREOF,the parties hereto have signed this Agreement this '"day of I-Ober ,2011'. C TRACT PRO SSIONAL: 5/C /oG Na e: t_ 1/2`11/O7" `�Title: 6C7)/77C54- BOARD OF COUNTY COMMISSIONERS �,,,// LL LDCOUNTY OLORADO CC��ATTEST:C/.d / jCLeo•[C ade ade mache,Chair 0CT 0 1 2314 Weld County Clerk to the Board fa La BY: I ' „N1/42 Depu Clerk to the Board 'Btit �1 R D�S T RM: my Attorney APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: Controller __� Electe O'al or Department Head Date of signature OCT 0 1 2014 REQUEST NO No. #B1400156 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: AUGUST 1, 2014 PAGES 1 -7 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1 -7 MAY BE APPLICABLE FOR EVERY PURCHASE. BID SPECIFICS FOLLOW PAGE 7. I. 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: ELEVATOR MODERNIZATION —HUMAN SERVICES BLDG #A BUILDINGS & GROUNDS DEPT A. Bids for the above stated merchandise, equipment, and/or services will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative Building, 1150 O Street Room #107 Greeley CO 80631 until: THURSDAY, AUGUST 28, 2014 O10:00 a.m. (Weld County Purchasing Time Clock). II. INVITATION TO BID: A. Weld County requests bids for the purchase of the above-listed merchandise, equipment, and/or services. B. Said merchandise and/or equipment shall be delivered to the location(s) specified herein. C. 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. D. 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 joined 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. E. Mandatory pre-bid meeting: Thursday, August 14 2014 at 10:00 AM, at 315A North 11th, Greeley CO 80631. Toby Taylor will handle this project. Make sure you are on time. F. Bid Delivery to Weld County—3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: bids@weldgov.com. Emailed bids must include the following statement on the email: "I hereby waive my right to a sealed bid". An email confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you must submit/mail hard copies of the bid proposal. 2. 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 bids (or hand delivered bids) should be sent in a sealed envelope with the bid title and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107 Greeley, CO 80631. Please call Purchasing at 970-336-7225 if you have any questions. III. INSTRUCTIONS TO BIDDERS: A. 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 in behalf of a corporation shall be furnished. 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. B. 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. C. Bidders are expected to examine the conditions, specifications, and all instructions contained herein. Failure to do so will be at the bidders' risk. D. Bidders shall not stipulate in their proposals any conditions not contained in the instructions and specifications herein, unless specifically requested by the special instructions attached hereto. Any proposal which fails to comply with the letter of the instructions and specifications herein may be rejected. E. 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 I., entitled, "Notice to Bidders." F. When approximate quantities are stated, Weld County reserves the right to increase or decrease quantity as best fits its needs. G. Whenever requested, samples or descriptive matter shall be filed prior to the opening of bids. H. Any item supplied to Weld County shall be new and of the manufacturer's current model unless otherwise specified. I. 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). BID REQUEST NO#B1400156 Page 2 J. All discounts shall be figured from the date of delivery and acceptance of the articles, or in the case of an incorrect invoice, from the date of receipt of corrected invoice, if this be subsequent to delivery and acceptance. K. Substitutions or modifications to any of the terms, conditions, or specifications of this which are made by Weld County after the bids have been distributed to prospective bidders and prior to the date and time of bid opening, will be made in writing. No employee of Weld County is authorized in any way to modify any of the terms, conditions, or specifications of this bid without written approval of said Director of General Services. This is not to imply that bids will not be accepted or considered with specifications which are different from those herein. Any item which does not meet all the terms, conditions, or specifications of this bid, must be clearly indicated on a separate sheet of paper, attached to the bid specification and proposal sheets and returned with the bid. L. The successful bidder shall indemnify and hold harmless Weld County against all claims for royalties, for patents or suit for infringement thereon, which may be involved in the manufacture or use of the material to be furnished. M. The successful bidder certifies that it shall comply with the provisions of C.R.S. § 8-17.5-101, et seq. The successful bidder shall not knowingly employ or contract with an illegal alien to perform work under the contract or enter into a contract with a subcontractor that fails to certify to the successful bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the contract. The successful bidder represents, warrants, and agrees that it: (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. § 8-17.5-102(2)(b). The successful bidder shall comply with all reasonable requests made in the course of an investigation under C.R.S. § 8-17.5-102 by the Colorado Department of Labor and Employment. If the successful bidder fails to comply with any requirement of this provision or C.R.S. § 8-17.5-101, et seq., Weld County may terminate the contract for breach and the successful bidder shall be liable for actual and consequential damages to Weld County. Except where exempted by federal law and except as provided in C.R.S. §24-76.5- 103(3), if the successful bidder receives federal or state funds under the contract, the 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 the 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. § 2476.5-103 prior to the effective date of the contract. N. All goods shall remain the property of the seller until delivered to and accepted by Weld County. O. 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. P. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. The County may require a separate contract, which if required, has been made a part of this RFP. Q. 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. BID REQUEST NO#B1400156 Page 3 R. Upon the election by Weld County, no delivery of materials, equipment or services shall become due or be accepted unless a purchase order shall first have been issued by the Weld County Director of General Services. It is understood that it is necessary for all invoices to be made out to"Weld County, Colorado," not to the Department securing the merchandise. All invoices should be sent to: Weld County, Accounting Department, P. O. Box 758, Greeley, Colorado 80632. S. These instructions, the proposal forms, and specifications have been developed with the hope of raising the standard of purchasing negotiations to a level wherein all transactions will be mutually satisfactory. Your cooperation is invited. T. Confidential financial information of the bidder should be transmitted separately from the main bid submittal, clearly denoting in red on the financial information the word, and "CONFIDENTIAL." Bidders are warned that financial information submitted without such denotation may be subject to public disclosure, pursuant to the terms of the Colorado Open Records Act. IV. DEFINITIONS A. "Standard:" When the word "standard" is used in the specification to describe an item of equipment or in assembly, it shall be construed to mean that item or assembly so described shall be the latest regular product of the manufacturer thereof, identified by a model or other designation, without the modification or omission of any of its usual parts or the substitution of others therefore, except as hereafter specified, details, capacities and ratings, conforming in every respect to the said manufacturer's catalog or other printed matter describing the item or assembly. Standard subassemblies, accessories, fittings, and finishes shall be construed to be those which are regularly furnished as part of the principle unit or assembly and included in the selling price thereof. B. "Reputable Manufacturer:"A manufacturer who has been engaged in the business of fabricating the equipment specified for a reasonable period of time prior to the date set for opening of bids and who can demonstrate to the satisfaction of Weld County that said manufacturer has successfully installed equipment of the type proposed to be furnished in at least three (3) instances and the performance of such equipment has been satisfactory. Manufacturers having been engaged in the business of manufacturing said equipment for a period of one (1) year prior to the date affixed for opening bids shall, prima facie, be deemed to have been engaged in such business a reasonable length of time. C. "Or Equal:" The specific equipment mentioned shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude manufacturer's equipment of comparable quality, design, and efficiency. V. GENERAL SPECIFICATIONS, CONDITIONS AND INFORMATION A. Design: Unless otherwise specified, any equipment to be purchased shall be the manufacturer's latest model of production. Said equipment shall be of superior quality and suitable to the use for which it is intended. The technical design shall be in line with the best practice in the industry and the materials and workmanship entering into the construction shall be of the kinds and qualities which will ensure long life, dependability, and low cost of maintaining and repairing. B. Warranty: The successful bidder shall warrant that: 1. The goods to be supplied pursuant to this bid are fit and sufficient for the purpose intended; and 2. The goods are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and 3. The goods sold to Weld County, pursuant to this bid, conform to the minimum Weld County specifications as established herein BID REQUEST NO#B1400156 Page 4 4. 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. All warranties made by the successful bidder, together with service warranties' and guarantees shall run to Weld County and its successors and assigns. C. 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. D. General Information: 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. E. Fund Availability: Financial obligations of the 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. F. 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. G. 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. H. 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. I. 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. J. 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. BID REQUEST NO#B1400156 Page 5 K. 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. L. Attorneys 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. M. 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. N. Insurance Requirements. 1. General Requirements: Contractors/Contract Professionals must secure, at or before the time of execution of any agreement or commencement of any work, the following insurance covering all operations, goods or services provided pursuant to this request. Contractors/Contract Professionals shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, during any warranty period, and for three (3) years after termination of the Agreement. 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 Contractor/Contract Professional. Contractor/Contract Professional shall be responsible for the payment of any deductible or self-insured retention. County reserves the right to require Contractor/Contract Professional to provide a bond, at no cost to County, in the amount of the deductible or self-insured retention to guarantee payment of claims. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor/Contract Professional. Contractor/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. 2. Types of Insurance: Contractor/Contract Professional shall obtain, and maintain at all times during the term of any Agreement, insurance in the following kinds and amounts: a. Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering all of Contractor's Contract Professional's employees acting within the course and scope of their employment. b. Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Contractors, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows: $1,000,000 each occurrence; ii. $2,000,000 general aggregate; iii. $2,000,000 products and completed operations aggregate; iv. $50,000 any one fire; and v. $500,000 errors and omissions. BID REQUEST NO#B1400156 Page 6 3. Automobile Liability: Contractor/Contract Professional shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere. 4. Additional Provisions: a. Policies for all general liability, excess/umbrella liability, liquor liability and pollution liability must provide the following: i. If any aggregate limit is reduce by twenty-five percent (25%) or more by paid or reserved claims, Contractor shall notify County within ten (10) days and reinstate the aggregates required; ii. Unlimited defense costs in excess of policy limits; iii. Contractual liability covering the indemnification provisions of this Agreement; iv. A severability of interests provision; v. Waiver of exclusion for lawsuits by one insured against another; vi. A provision that coverage is primary; and vii. A provision that coverage is non-contributory with other coverage or self-insurance provided by County. b. For all general liability, excess/umbrella liability, liquor liability, pollution liability and professional liability policies, if the policy is a claims-made policy, the retroactive date must be on or before the contract date or the first date when any goods or services were provided to County, whichever is earlier. 5. Contractors/Contract Professionals shall secure and deliver to County's Risk Administrator ("Administrator") 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. 6. Proof of Insurance: County reserves the right to require Contractor/Contract Professional to provide a certificate of insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole discretion. 7. Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and inland marine, Contractor/Contract Professional's insurer shall name County as an additional insured. 8. Waiver of Subrogation: For all coverages, Contractor/Contract Professional's insurer shall waive subrogation rights against County. 9. Subcontractors: All subcontractors, subcontractors, independent contractors, sub-vendors, suppliers or other entities providing goods or services required by this Agreement shall be subject to all of the requirements herein and shall procure and maintain the same coverages required of Contractor/Contract Professional. Contractor/Contract Professional shall include all such subcontractors, independent contractors, sub-vendors suppliers or other entities as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contractor/Contract Professional agrees to provide proof of insurance for all such subcontractors, independent contractors, sub-vendors suppliers or other entities upon request by the County. A provider of Professional Services (as defined in the Bid or RFP) shall also provide the following coverage: Professional Liability: Contract Professional shall maintain limits of$1,000,000 for each claim, and $2,000,000 aggregate limit for all claims. BID REQUEST NO#B1400156 Page 7 SPECIFICATIONS This project consists of a turn-key full modernization of the existing elevator at the Human Services A Building located at 315A North 11th Avenue, Greeley, CO 80631. The existing elevator is registered with the State of Colorado Department of Labor and Employment with the following information: State Manufacturer Elevator Year Installed Landings Conveyance ID Drive/Type CP08-003808 Montgomery Hydraulic/ 1973 2 Passenger Scope of work: 1. Provide labor and material as required to fully modernize the existing elevator components with one that is fully code compliant. This modernization should be non-proprietary and should include the maximum level tool(s) needed for future troubleshooting of anomalies/components. 2. The rated load shall be maintained at 1500 lb, the rated speed shall be 125 fpm. 3. To restrict public use, the elevator call system must interface with existing combination pad. 4. The hydraulic controller shall be replaced with a new microprocessor-based control system that performs the functions of safe elevator motion. Included shall be all of the hardware required to connect, transfer and interrupt power, and to protect the motor against overloading. Each controller cabinet containing memory equipment shall be properly shielded from line pollution. The microcomputer system shall be designed to accept reprogramming with minimum system down time. All high voltage (110V or above) contact points inside the controller cabinet shall be protected from accidental contact in a situation where the controller doors are open. The microprocessor-based control system shall utilize on-board diagnostics for servicing, trouble-shooting, and adjusting. If an external tool is required for servicing, trouble-shooting, and adjusting, an adjuster level service tool will be furnished as part of this proposal. 5. The door operation equipment will consist of a new car door operator that is installed and arranged to automatically open and close the car door panel. The opening and closing shall be made smoothly and shall be cushioned at both final limits of travel. The door operator shall be arranged so that, in the event of a power failure of the operating circuits, the car doors cannot be readily opened by hand from within the elevator cab. The elevator shall not be able to move away from a landing until the car door panel is fully closed. The car door shall be equipped with a contact, which will prevent operation of the car unless the car door is closed. The contact shall be of the approved type and tested as required by code. New interlocks, pick up assemblies, door rollers and gibs will be furnished to ensure smooth reliable car and hoistway door operation. 6. The curtain of lights of the elevator car shall be equipped with an electronic protective device extending the full height of the car. When activated, this sensor shall prevent the doors from closing or cause them to stop and reopen if they are in the process of closing. The doors shall remain open as long as the flow of traffic continues and shall close shortly after the last person passes through the door opening. 7. Field pipe& accessories will consist of one new shut-off valve in the machine room and one in the pit will be provided. New field pipe and accessories shall be provided as required. 8. A new hydraulic power unit shall be provided. Power unit includes motor, pump, control valve and muffler. 9. New rollers/guides shall be provided. BID REQUEST NO#B1400156 Page 8 10. New signal fixtures with new car operation panel consisting of position indicator and hands free phone, car direction indication & hall pushbutton station shall be installed. 11. The awarded contractor shall be responsible for the material warranty and associated labor warranty for the newly installed parts and equipment on this project for a twelve (12) month period following substantial completion of the project. All of the routine maintenance and service calls for the new equipment will be handled by our maintenance agreement with KONE, unless related to the warranty equipment. 12. The following equipment should be retained: hoist way entrances, doors, door hanger rollers, pit equipment, and rails. 13. Machine Rooms: bring access and rooms into compliance with current codes to include electrical changes and ventilation. 14. Fire System interface/recall: bring into compliance with elevator/fire codes. (smoke detectors, shunt trip, etc. as required code) 15. Upgraded signals, personnel access, and phone will comply with Americans with Disability Act and OSHA. 16. Complete all fire/state/County required applications, permits and notification of modernization activities. Coordinate with Weld County to obtain appropriate county construction permits. 17. The interior of the car will be updated, with new lighting/ceiling, maple type laminate and stainless trim. Interior finishes and fixtures (i.e. laminate, lighting, handrail, etc.) must be approved by owner and should be priced from basic/standard manufacturer samples. 18. Anticipated electrical changes that will need to be incorporated are: a. A properly rated three phase fused disconnect switch, externally operable and lockable in the open position, located as required by code. Accommodate any increases in motor size or feeder loads. b. A dedicated 110 VAC fused disconnect switch, extemally operable and lockable in the open position adjacent to the machine room door for cab lighting and ventilation, located as required by code c. Shunt-trip disconnect if fire sprinklers are present in machine room or hoistway. d. GFI 120 VAC convenience outlets in machine room and pit. e. Separate outlet in the pit area if a sump pump is installed. f. Telephone line service brought to the elevator machine room for emergency communication device will be performed by County. Final connection and testing by winning bidder. g. Required RF shielding of TV or radio transmitters, antennae and/or wave-guides. h. Conduit with pull boxes from each elevator bank to any remote fire control or communication panels specified 19. Anticipated Machine room changes that will need to be incorporated are: BID REQUEST NO#B1400156 Page 9 a. A code-compliant machine room. Provide or maintain fire rating as required by building code. b. Fire-rated door for access into the machine room. Door shall be self-closing and self-locking, operable from inside the room without the use of a key. c. Independent ventilation or an air conditioning system for the elevator machine room, to assure temperature is maintained between 65 degrees and 95 degrees Fahrenheit. d. Fire extinguisher inside machine room. e. Minimum clear machine room height of 7'-0". f. Suitable lighting that provides a minimum of 19 ftc at floor. g. Removal of any non-elevator related equipment and materials from within the machine room and proper disposal of oil and other hazardous or non-hazardous substances and materials. 20. Anticipated hoistway changes that will need to be included are: a. A code-compliant hoistway with fire rating as required by building code. b. Patching of all holes in hoistway walls with fire rated material. c. Beveling all ledges within hoistway measuring over 4". d. Removal of any non-elevator related equipment and materials from within the hoistway and proper disposal of oil and other hazardous or non-hazardous substances and materials. e. A guarded light fixture and light switch in pit. Switch must be located 42" above the lowest landing floor level. f. A means of displacing water located in the pit and containing and disposing of oil, chemicals, and other substances in compliance with environmental laws and regulations. g. Elevator hoistway ventilation to the outside atmosphere as required by building code. 21. Anticipated fire service changes that will need to be included are: a. Fire alarm smoke detectors with wiring and relays in the machine room terminating at elevator controller. b. Fire alarm initiating devices must be located in front of each elevator entrance as well as in the machine room and at the top of the hoistway. c. Where sprinklers exist in the machine room and/or hoistway, a fire alarm initiating device within 12" of each sprinkler head. 22. Include detailed scope of work included/excluded in bid. BID REQUEST NO#B1400156 Page 10 23. Once work has commenced (e.g. elevator taken out of service) the contractor shall be allowed 10 weeks to complete all work. 24. The completed work must be inspected and passed by a certified inspector(provided by County) who is currently licensed with the Colorado Department of Labor and Employment Division of Oil and Public Safety to perform inspections. 25. This is a design/build turn-key modernization. Therefore, all work required to be accomplished (i.e. electrical, elevator, architectural modifications, etc.) shall be included in the bid price and construction/modernization schedule. This shall include all additions, alterations, and new work required to ensure full modernization and code compliance is achieved. 26. At project close-out, provide all maintenance manuals, including operation and maintenance instructions, parts listing with sources indicated, recommended parts inventory listing, emergency instructions, and similar information. Include all diagnostic and repair information available to manufacturer's and installer's maintenance personnel. 27. Sump Pit must meet applicable codes. 28. Payment and Performance bond is required. PRICING $ /4`� 5-9‘ MODERNIZE ELEVATOR $Page, /S tt©/t PROPOSED START DATE The undersigned, by his or her signature, hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the request for proposal for Request No. #B1400156. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County, together constitutes a contract, with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The �1 bid(s) may be awarded to more than one vendor. FIRM a/1%/C Co..)7 r vth �/t Z; / c., BY L .y.44/O7 (Please print) BUSINESS ,1 ADDRESS PO Box 979,8 DATE ft iL, 267 20/¢ CITY, STATE, ZIP CODE Lo U 4 .4,,1rp. CO, 50539 TELEPHONE NO 9 e " ,7/—/%01 FAX 970 - (67-7o9, TAX ID# 63g-lh 0(4/ SIGNATURE C E-MAIL `.z'4Cniptx xi)67- 4/57- WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IS #98-03551-0000. DO NOT NEED TO SEND BACK PAGES 1 - 10. (SEND ONLY PAGE 11) BID REQUEST NO#61400156 Page 11 Attached are the questions and answers from the Human Services Bldg#A Elevator Modernization (Bid#61400156) pre-bid meeting which was conducted on August 14, 2014. 1. Question: Is this a Davis-Bacon Project? Answer: No 2. Question: Is this a Buy American Project? Answer: No 3. Question: Is a sump or separator required? Answer: Bidders will need to verify with the Weld County Planning Department on if this will be required with this modification. 4. Question:Who is the Fire Alarm monitoring company for this building? Answer:Ottem Electronics,Greeley,CO ----Th CLASSO6 OP ID: R8 ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/'YYY) 1/4.--- CERTIFICATE 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(tes) 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 CNTPhone:727-447.6481 NAMEACT Bouchard-Clearwater _-- "" FAXII Fax:727-449-1267 PHONE 101 Box 6090 90 Drive 1-M No,Ertl: _..__ - (A/C,Nu): P e0 Box r,F EMAIL Clearwater,FL 337584090 ADDRESS: Bouchard Insurance INSURER(S)AFFORDING COVERAGE NAICM INSURER A:Association Insurance Company 11240 INSURED Classic Contractors Inc INSURER B:Travelers Insurance Company 87726 Karl Schmidt PO Box 2798 INSURER C_ Loveland,CO 80539 INSURER D:.__ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR PAR EFF PODGY EXP LIIR R WVD POLICY NUMBER ;(MM/DDIYYYY) (MMVDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X 0145015 01 0311112014 0311112015 DAMAGE TO RENTED 300,000 PREMISES{Ea ocartence) $ CLAIMS-MADE XJ OCCUR MED EXP(Any one person) $ 10,000 PERSONAL SADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 1 POLICY X JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea amOent) $ ANY AUTO 0145015 01 03111/2014 0311112015 BODILY INJURY(Per person) $ _ ---1 ALL OWNED 1 SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS - -- --- X HIRED AUTOS X OSWNEO PROPERTY de)AMAGE $ —._ $ UMBRELLA MB X OCCUR EACH OCCURRENCE $ 1,000,000 B _X EXCESS LAB CLAIMS-MADE 014501601 0311112014 03/1112015 AGGREGATE $ _._ 1,000,000 r DED X RETENTION$ 10000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICEWMEMBEREXCLUDED9 (Mandatory in NH) E .DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E .DISEASE-POLICY LIMIT ,$ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If mom space is required) THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY, ONLY IF REQUIRED BY WRITTEN CONTRACT, AND SUBJECT TO THE TERMS, CONDITIONS AND LIMITS AS SPECIFIED IN THE POLICY. WAIVER OF SUBROGATION APPLIES IN FAVOR OF THE CERTIFICATE HOLDER AS RESPECTS GENERAL LIABILITY, ONLY IF REQUIRED BY WRITTEN CONTRACT, AND SUBJECT TO THE TERMS, CONDITIONS, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. Weld County Department of Purchasing 1150"O"Street AUTHORIZED REPRESENTATIVE Greeley,CO 80539 'may`—art — ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE CLASS06 PAGE2 INSURER'S NAME Classic Contractors Inc OP ID: R8 DATE 06/24/14 AND LIMITS AS SPECIFIED IN THE POLICY. ACORDr. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/24/2014 PRODUCERPinnac THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY • 7501 E Lowry Blvd vde ol Assurance AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 7501 E Denver,CO 80230-7006 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A. Plnnacol Assurance 41190 Classic Contractors Inc INS URER II: 3995 North County Road 1 inisuRen c. Loveland,CO 80539 INSURER D. INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDNG ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMMENT 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 ADD. POLICY EFFECTIVE POLICY EXPIRATION LTR INSRO TYPE OF INSURANCE POLICY NUMBER OATE(MMIDDIYYYY) DATE(MAVDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED CLAMS MADE E OCCUR PREMISES MED EXP(My one Person) PERSONAL 8 ADV INJURY -_ GENL AGGREGATE LIMIT APPUERS PER GENERAL AGGREGATE POLICY PROJECT n LOC PRODUCTS-COMPIOP AGO AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea Accident) _ ALL OWNED AUTOS BOOST INJURY SCHEDULED AUTOS S?person) _ HIRED AUTOS BODILY INJuRy �-. NON-GAMED AUTOS _p er ac_.. celent PROPERTY DAMAGE (Peraccidenl) GARAGE LIABLITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGO _EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE JOCCUR n CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION N I WORKERS COMPENSATION AND X WC STAN- OTHER A EMPLOYERS LIABILITY TORY LIMITS ANY PROPRIETOR,PARTNER/EXECUTIVE 4055078 04/01/2014 04/01/2015 E.L EACH ACCIDENT 1100.000 OFFICER/MEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE 8100.000 n yea,please describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT 8500.000 OTII ER l DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 1539730 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County Department of Purchasing THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO 1150 O Street MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Greeley,CO 80631 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SALL IMPOSE NO LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR OBLIGATION OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Allison Piehl ACORD 25(2001108) Underwriter ACORD CORPORATION 1988 POLICY HOLDER COPY Classic Contractors Inc P.O.Box 2798 Loveland,CO 80539-2798 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. 1861 DEPARTMENT OF BUILDINGS AND GROUNDS PHONE: (970) 304-6531 FAX: (970) 304-6532 N T ' WEBSITE: www.co.weld.co.us G O�_ 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 September 9, 2014 To: Board of County Commissioners From: Toby Taylor Subject: Elevator Modernization—Human Services#A; Bid #B1400156 As advertised, this bid is to modernize the elevator and elevator machine room located at the Human Services A building. The low bid received was from Classic Contractors Inc. Therefore, Buildings & Grounds is recommending the bid be awarded Classic Contractors Inc. for$149,596.00. If you have any questions, please contact me at extension 2023. Sincerely, Toby Taylor Director 9/17 o?Oi4-a7o2 3600% WELD COUNTY PURCHASING +: ,186 1150 O Street Room #107, Greeley CO 80631 t-r r E-mail: mwalters@co.weld.co.us 71 E-mail: reverett( co.weld.cous • Phone: (970) 356 4000, Ext 4222 or 4223 o u N T 2 Fax: (970) 336-7226 DATE OF BID: August 28, 2014 REQUEST FOR: ELEVATOR MODERIZATION - HUMAN SERVICES BLDG #A DEPARTMENT: BUILDINGS & GROUNDS DEPT BID NO: #B1400156 PRESENT DATE: September 3r°, 2014 APPROVAL DATE: September 17, 2014 PROPOSED VENDOR TOTAL COST START DATE KONE INC 3 INVERNESS DRIVE EAST ENGLEWOOD CO 80112 TOBY TAYLOR/BLDGS & GROUNDS IS REVIEWING THE BIDS AT THIS TIME. // 2014-2708 c/s 3Goo(e i Hello