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HomeMy WebLinkAbout20141388.tiff AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN WELD COUNTY&ANDERADO CONSTRUCTION CORPORATION For River and Stream Debris Removal and Disposal 7,C THIS AGREEMENT is made and entered into this 7 day of /1/ , 2014, by and between the County of Weld, a body corporate and politic of the State of Colorado, by acid through its Board of County Commissioners, whose address is 1150 "0" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and Anderado Construction Corporation whose address is 2993 S Peoria Street, #303, Aurora, Colorado 80014, hereinafter referred to as "Contract Professional Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. Exhibit A consists of County's Request for Proposal (RFP) as set forth in "Bid Package No. 81400097". 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. WITNESSETH: WHEREAS, County desires to retain Contract Professional as an independent contractor 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. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Engagement of Contract Professional. County hereby retains Contract Professional, and Contract Professional hereby accepts engagement by County upon the terms and conditions set forth in this Agreement. 2. Services to be Performed. County and Contract Professional acknowledge and agree that each document listed above is an integral component of this Agreement, and consent and agree that County's requirements are accurately reflected in Exhibit A and Contract Professional's willingness and ability to meet those requirements are accurately reflected in Exhibit B. Contract Professional acknowledges that Exhibit A contains highly important forms and/or documents, some of which must be completed subsequent to the execution of this Agreement, and further acknowledges that those forms requiring completion by Contractor shall be completed to the satisfaction of County at the time and in the manner required by County. Contractor further acknowledges that a failure to comply with any of the requirements of Exhibit A and B may result in County's decision to withhold payment. 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. In no event shall this Agreement continue beyond one year from County's execution of the Agreement unless the parties specifically agree to a continuation in writing. 6s(.TJ) Ple(PC) aoiy- /3B8 - Pave 1 5 _� _ �t� s/Vao/ ao-o 4. Compensation. A. Upon Contract Professional's County agrees to pay Contract Professional for services performed as set forth in Exhibits A and B, and at the rate of set forth in Exhibit B. Charges shall be based on the time actually spent performing the services. B. Mileage may be reimbursed if the provisions of Exhibit A permit such payment at the rate set forth in Exhibit A. Contract Professional shall not be paid any other expenses unless set forth in this Agreement. C. Payment to Contract Professional will be made only upon presentation of a proper claim by Contract Professional, itemizing services performed and, (if permitted under this Agreement),mileage expense incurred. D. Payment for services and all related expenses under this Agreement shall not exceed the amount set forth in Exhibits A and B. 5. Additional Work. 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. Independent Contractor. Contract Professional shall perform its duties hereunder as an independent contractor and not as an employee. Contract Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Neither Contract Professional nor any agent or employee of Contract Professional shall be deemed to be an agent or employee of County. Contract Professional and its employees and agents are not entitled to unemployment insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits will be available to Contract Professional and its employees and agents only if such coverage is made available by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment taxes and income taxes and local head taxes (if applicable)incurred pursuant to this Agreement. Contract Professional shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and (b)provide proof thereof when requested to do so by County. 7. 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. This includes, but is not limited to, reports, data, plans, drawings, records and computer files 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. Pape 2 8. Termination Provisions. A. County has the right to terminate this Agreement, 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 materials (or services) under this Agreement beyond the time when such materials (or services) become unsatisfactory to the Manager. B. If this Agreement is terminated by County, Contract Professional shall be compensated for, and such compensation shall be limited to, (1)the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2)the reasonable value to County of the materials 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 Manager approves in writing which he 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, B. 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." C. 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 as described herein. 9. Warranty. Contract Professional warrants that 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 shall faithfully perform the work in accordance with the standards of care, skill, training, diligence and judgment provided by highly competent individuals and entities that perform services of a similar nature to those described in this Agreement. 10. 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 its professional services. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of covenant 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; and 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, any professional services performed 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. '-------- Pa ap II. Insurance and Indemnification. Contract Professional stipulates that it has met the insurance requirements identified in Exhibit A. 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 Contract Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. Contract Professional shall defend, indemnify and save harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character brought because of Contract Professional's acts, errors or omissions in seeking to perform its obligations under this Agreement. 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 Contract Professional in its provisions of the materials required herein; or through use of unacceptable materials and/or materials not identified in Exhibits A and B; or from any claims or amounts arising or recovered under the Worker's Compensation Act, or other law, ordinance, order, or decree. County may retain as much of any moneys due Contract Professional under any this Agreement as may be determined by it to be in the public interest. By execution of this Agreement, Contract Professional has agreed to secure and maintain the insurance required by the terms of Exhibit A. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 12. Non-Assignment. Contract Professional may not assign or transfer this Agreement, any interest therein or claim hereunder, without the prior written approval of County. Any attempts by Contract Professional to assign or transfer its rights hereunder without such prior approval of 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. 13. Time of the Essence. Time is of the essence in each and all of the provisions of this Agreement. 14. 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 financial and non- financial books, documents, papers and records of Contract Professional, involving all matters and/or transactions related to this Agreement. 15. 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. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 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 David Bauer, Director, Weld County Department of Public Works, or his designee. 17. 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. Pwe4 18. 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. 19. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto. (each of which is specifically incorporated herein) contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, representation, and understanding 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. 20. 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. 21. Employee Financial Interest/Conflict of Interest. C.R.S. &&24-18-201 et seq. and 424-50- 50'7. The signatories to this Agreement aver that to their knowledge, no employee of County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. Contract Professional has no interest and shall not acquire any interest direct or indirect, which would in any manner or degree 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 conflict 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. 22. 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. 23. 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. 24. 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. 25. 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. --- Pace c —_ 26. 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. 27. Public Contracts for Services. C.R.S. $8-17.5-101. Contract Professional certifies that Contract Professional is not an illegal immigrant. 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 and 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 Department 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 sub-contractor that fails to certify with Contract Professional that the sub-contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contract Professional (a) shall not use E-Verify Program or Department program procedures to undertake pre- employment screening or job applicants while this Agreement is being performed, (b) shall notify the sub- contractor and Weld County within three (3) days that Contract Professional has actual knowledge that a sub-contractor is employing or contracting with an illegal alien and (c) shall terminate the subcontract if a sub-contractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice, and (d) 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 Department program, 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 Department 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 damages. 28. Official Engineering Publications: Contract Professional acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contract Professional under this Agreement, and that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Compensation. 29. Compliance with Colorado Department of Transportation Regulations and Standards Contract Professional acknowledges and agrees that the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" and the Colorado Department of Transportation Standard Plans "M & S Standards" establish the requirements for all work performed by Contract Professional under this Agreement, and Contract Professional agrees to meet or exceed all standards set by these publications. Contract Professional further acknowledger and agrees that a failure to meet the standards set by these publications may result in withholding by County of some or all of the Contract Amount. 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. SPECIAL FLOOD PROVISION. The successful bidder agrees that it is a"Subgrantee" as that term is used and/or referred to in the Grant Agreement Between the State of Colorado, Department of Public Safety, Division of Homeland Security and Emergency Management and Weld County, Public Assistance FEMA-DR-4145-CO: 14-D4145-011, Routing/CMS Number 63343 ("the State Contract"), approved by the Board of County Commissioners of Weld County on December 16, 2013. The successful bidder shall comply with all requirements of the Subgrantee as stated in the State Contract. The successful Pacer F, — bidder also shall comply with the terms,requirements,and conditions as they apply to the"Grantee,"which are set forth in Sections 12 A and C, 13 B and C,and Exhibit A, Exhibit B and Exhibit C of the State Contract, Furthermore, the successful bidder shall assist Weld County in complying with the reporting requirements detailed in Section S of the State Contract. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. CONTRACT PROFESSIONAL: 47_dr'16,..4-(b/ (7:P.::'. 1i'5t�:, r.:;_( 4/-:-. 7 B} i'._[r--,,r- X (`}- - rr s- rv� Date .- rG -_f,C/ Dame: A'nth:: f-=� BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: ( L d las 1a 4� [)ou �� W W ; gemache,Chair Weld County Clerk to the Flo rdMAY O 7 2014 / sL�1J//�,�` B Y Deputy Cie!.Po the Board tut -- - Page 7 - --- . . . . ************** REQUEST NO ***EXHIBIT#A*** No. #B 1400097 ************** BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, BY AND THROUGH ITS DIRECTOR OF GENERAL SERVICES DATE: APRIL 18, 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: RIVER/STREAMBED DEBRIS REMOVAL 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: Friday,May 2"a,2014 at 10:00 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: Friday. April 25, 2014 nu, 9:00 am at the Weld County Public Works Conference Room, 1111 H Street, Greeley CO 80631. F. Bid Delivery to Weld County—3 methods: 1. Email. Emailed bids are preferred. Bids may be emailed to: mwalters(k)co,weld.co.us or reverett(u?co.weld.co.us. 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. -.- ------- Paae R 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. Pa OP 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). 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. § 24- 76.5-103 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. Paco. 1 n — 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. 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. — Paup 11 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: I. 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 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 Pace 12 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. 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 --'- - P2ae 11 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: i. $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. 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. Pam) 14 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. SCOPE AND SPECIFICATIONS: Weld County is seeking quotes for river corridor debris collection and hauling services to remove debris hazards from waterways that have the potential to affect infrastructure. The County needs this debris removed prior to significant spring runoff so it must be removed as soon as possible but no later than May 30, 2014. All debris must be disposed at a Weld County approved facility. A list of facilities is attached. The debris primarily consists of vegetative materials such as trees, weeds, etc. These quotes will be based on the sample sites identified in this request for quotes. As of the drafting of this document there are 6 known sites (see description below and attached maps)that have an estimated 1,000 CY of vegetative debris. The sites currently identified appear to have only vegetative debris. The County is also requesting quotes for the collection and removal of construction and demolition(C&D) debris in the event additional sites containing these materials are identified. NOTE: The number of sites could increase or decrease depending upon river flows, I.D. of new sites, etc. The firm with appropriate experience and resources required for this work will be selected. The firm selected (Contractor) will provide all labor, equipment, and materials necessary to safely and efficiently remove the Paoe IS debris identified by Weld County. The Contractor will haul the debris to a final disposal site determined by Weld County officials. Weld County will monitor and dictate the operations conducted by the Contractor, and provide daily instructions. Weld County will be responsible for obtaining rights-of-entry, where private property must be accessed to conduct the debris removal. All environmental permitting will be obtained by Weld County. Weld County and the Contractor will confirm and agree upon haul distances from each site before debris is removed. The sites where debris has been identified are as follows: CR 61 north of CR 380 CR 53 north of CR 58 CR 13 south of CR 46 CR 17 and CR 52 71st Avenue south of O Street Two Rivers Parkway north of CR 396 PRE-BID Meeting and Site visit All applicants are required to attend a MANDATORY PRE-BID Meeting at Weld County Public Works Building at 9:00 a.m.,Friday April 25, 2014. The Public Works building is located at 1111 H Street, Greeley, CO. Contract requirements and Scope of Work will be discussed and all applicants can review/discuss site diagrams, site photos and site conditions. Site visits to the vegetative debris removal sites will immediate follow with Weld County Employees and contractors. The attached map and site information identifies potential areas where debris may be removed. The attached also includes the current facilities utilized by Weld County for final disposal of debris. Quote Sheet Vegetative Debris: Removal and disposal of vegetative debris from stream channels; including mid-stream locations, adjacent to, under and within structures (bridges and culverts), and other difficult locations to reach on private property. Contractor will be expected to have appropriate equipment available to complete this work, including, but not limited to extended booms,backhoes, mini-excavators, skid-steers, etc. Vegetative debris may be taken to County Road ROW that is immediately adjacent to bridge/road to consolidate materials in preparation for loading and hauling of the debris to a Weld County designated/approved Recycling Facility. Vegetative debris removal, disposal, and hauling cost per CUBIC YARD (hauling 0 to 20 miles): $ Vegetative debris removal, disposal,and hauling cost per CUBIC YARD(hauling 20 to 40=miles): $ Construction & Demolition Debris: Removal and hauling of C&D debris, that may include small amounts of sediment or vegetative debris from stream channels, including mid-stream locations, adjacent to, under and within structures (bridges and culverts), and other difficult locations to reach on private property. Contractor will be expected to have appropriate equipment available to complete this work, including, but not limited to extended booms, backhoes, mini-excavators, skid-steers, etc. The contractor may use the County Road ROW that is immediately adjacent to bridge/road to consolidate materials in preparation for loading and hauling of the debris to a Weld County designated/approved Landfill. Page 1 C&D debris removal, disposal, and hauling cost per TON (hauling 0 to 20 miles): $ C&D debris removal, disposal, and hauling cost per TON (hauling 20 to 40+miles): $ Estimated start date: (Bid will be approved by the BOCC on May 5th, 2014) Estimated completion 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. #131400097. 2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and local taxes. 3. He or she is authorized to bind the below-named bidder for the amount shown on the accompanying proposal sheets. 4. The signed bid submitted, all of the documents of the Request for Proposal contained herein (including, but not limited to, product specifications and scope of services), and the formal acceptance of the bid by Weld County,together constitutes a contract,with the contract date being the date of formal acceptance of the bid by Weld County. 5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids,and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s)may be awarded to more than one vendor. FIRM BY (Please print) BUSINESS ADDRESS DATE CITY, STATE, ZIP CODE TELEPHONE NO FAX TAX ID# SIGNATURE E-MAIL WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NO. IS#98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 -7. — Paoe 17 --- ***EXHIBIT#B*** 95/01/2814 13:43 3837585783 PAGE e2/e2 Vegetative debris removal,disposal,and hauling cost per CUBIC YARD(hauling 0 to 20 miles): $ ?Oer, Vegetative debris removal,disposal, and hauling east per CUBIC YARD(hauling 20 to 40+mites):$, Construction&Demolition Debris; Removal and hauling of C&D debris,that may include small amounts of sediment or vegetative debris from stream channels,including mid-stream locations,adjacent to,under and withal structures(bridges and culverts),and other difficult ke:atbrts to reach on private property.Contractor will be expected to have appropriate equipment available to complete this work,including but not limited to extended booms,backhoes, mini-excavators,skid-steers,etc.The contractor may us®the County Road ROW that is immediately adjecent to bridge/road to ccnsolidate materials In preparation for loading and hauling of the debris to a Weld County deeigneted/appnlved Landfill. C&D debris removal,disposal, and hauling cost per TON(hauling Q to 20 miles): $_ 42,as C&D debris removal,disposal, and hauling cost per TON(hauling 20 to 40+miles $ Estimated start date: ,5":-/g-feel Estimated compilation date: 5.-14-/f1/y The undersigned,by his or her signature,hereby acknowledges and represents that: 1. The bid proposed herein meets all of the conditions,.speceleattons and special provisions set forth in the request for proposal for Request No,#81400097. Z. 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 detA being the date of formal acceptance of the bid by Wald County. 5, Weld County reserves the right to rect any and all bids,to waive any informality in the bids,and to accept the bid that,in the opinion of the Board of County Commissioners,is to the best interests of Weld County. The bid(s)may be awarded to more than one vendor. �FIRM D t� �,�� 8Y Ch u r,... (Please print) BUSINESS Aac ADDRESS 2wy 3 a4drl �f ,d3 • DATE 5 /-/1/ CITY, STATE,ZIP CODE, r_j Co 2Q,C,BLta 8m� TELEPHONE NC3TELEPHONE NO3erf-z4'-czrg FAX VT-7-fD- -7y TAX ID#,P1c ll6PloVA7 SIGNATURE E-MAII-Ziardmv4AP WELD COUNTY 16 EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION NUMBER IR#98.09551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1—7, 8111 REQUEST NO#001400097 -� Page 9 —_------.._____-_____.___-------.-- Paan 1 R wins/4014 13:41 S 4/bUOt d PAGE 01/02 000,11(04.I ndeb411 � CONSTRUCTION CORD la Kid FAX COVER SHEET TO: geed/251u 6 f, COMPANY: With 6ta4 Ty C74i/B ,✓/ildwr FAR NUMBER: 9 70- 36- zas?!_ - PI3ONE NUMBER: FROM : Z, J1O6. 0I PAGES g INCLUDING COVER MEET DATE: r/a& COMMENTS: 1r hat"y [J/Fe u$ /sr Z/Qet,Y" Pia ,4 ,. twLcQ X IL L PINNACOL Den r Lowry Blvd Denver,CO 80230-7006 Phone:(303)361-4000/(BOO)873-7242 ASSURANCE Fax:(303)361-5000/(888)329-2251 www.pinnacol.com NCCI#: WC000313 Policy#:4168677 INSURED: Anderado Construction Corporation PO Box 440379 Aurora, CO 80044 ENDORSEMENT: Waiver Of Subrogation We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Weld County Purchasing Department 1150 O Street Room 107 Greeley, CO 80631 Effective Date: May 5,2014 Expires on August 1, 2014 Pinnacol Assurance has issued this endorsement May 5, 2014. Rodney Cole Underwriter Plnnaml Assurance•7501 E Lowry Blvd'Denver,CO 80230 Pegs 1 d3 RODLINO-OSP Support 05/05201414.15'.11 4168677 updated.02101/2007 Dw137 ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATEIMLVDDNYYYI 05/06/2014 PRODUCER 710THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Assurance 7501 Pinnace'E01 E Lowry Blvd AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS Denver,CO 80230-7006 CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER& Pinnacol Assurance 41190 Anderado Construction Corporation 2993 S.Peoria Street#303 INSURERS: INSURER C: Aurora,CO 80014 INSURER!): 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 ADM, POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(IELIDOM'YY) OATEIMINODMYYI LIMITS GENERAL LABILITY EACH OCCURRENCE COMMERCIAL GENEFUR LIIAOILITY DAMAGE TO RENTED I CLAIMS MADE IJ OCCUR PREMISES MED E<NAFT one pMsm) PERSONAL&ADP INJURY GENL AGGREGATE LIMIT APPLC GR HS PER: ;GENERAL AGGREGATE ^1 POLICY ' I PRAECTI1 LOC PRODUCTS-CGMIOPAGG _AUTOMOBILE LIABILITY COMBINED SINGLE LIME ANY AUTO (Ea Accident) AU OWNED AUTOS BODILY INJURY SCHEDULED AUTOS I (PetpInPl HIRED AUTOS BOORY INJURY NON-OWNED AUTOS IPe(accident) _ PROPERTY DAMAGE IPerer6aa I GARAGE WBEITY AUTO ONLY-EA ACCIDENT _ ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGO EYCESSNMBRAW LIABILITY EACH OCCURRENCE ] OCCUR El CLAIMS MADE AGGREGATE HDEW CRIME RETSIDON S WORKERS COMPENSATION AND X WC STATA [OTHER A EMPLOYER'S LIABILITY LIMITS ANY PROP W ETORIPARINEWE%ELl(tIVF 4168877 10/18/2013 08/01/2014 EL EACH LEACHACCIDENT S100.O0G OFFICER MEMBER EXCLUDED? EL DISEASE EA EMPLOYEE $100,000 VAL Please OMCMs undo,SPECIAL PROVISIONS bevy E.L DISEASE-POLICY LIMIT WO 000 OTHER DESCRIPTION OF OPERATONSACICATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION 1528579 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Weld County Purchasing Department THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO 1150 0 Street Room 107 MAIL 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Greeley,CO 80631 LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Rodney Cole ACORD 25(2001/08) Underwriter ACORD CORPORATION 1988 POLICY HOLDER COPY Anderado Construction Corporation PO Box 440379 Aurora, CO 80044 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. ACORD CERTIFICATE OF LIABILITY INSURANCE ; DATE 14 VY) TM, os105120asrzola PRODUCER Phone: (303)481-8177 Fac (303)306-7603 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ALL COLORADO INSURANCE SERVICES,INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 9725 E.HAMPDEN AVE.,SUITE 330 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR DENVER CO 80231 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Association Insurance Company ANDERADO CONSTRUCTION CORP INSURER B. P.O.BOX 440379 INSURER G r AURORA CO 80044-0379 - - - INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PALO CLAIMS. INSRIA00L TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE FOUCY EXPIRATION LTR INSRC DATE IMMIONYI DATE Ammon GENERAL LIABILITY GLP0158855 10/24/13 10/24/14 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL UABILITY OAMAGE TO RENTED $ 100,000 PREMISES(Ea onvva) CLAIMS MADE X OCCUR MED.EXP(Anyone person) S 5,000 A PERSONAL&ADV INJURY $ 1.000,000 I GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTSCDMPIOP AGO. $ 2,000,000 POLICY 7 PECT T1LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS • (Per Person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accienni) PROPERTY DAMAGE $ (Par sadden') GARAGE LIABILITY AUTO ONLY-EA ACCIDENT '$ ANY AUTO $ OTHER THAN EA ACC AUTO ONLY: AGO $ EXCESS UMBRELLA LIABILITY EACH OCCURRENCE $ • OCCUR --J CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION$ WORKERS COMPENSATION AND I lOORy UMTS I I OTHER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT ANY PROPRIETORPARTNEISEIFCUTVE S oFFlcewMea9eR EXCLUDED? E.L.DISEASE-EA EMPLOYEE S x ye.,Coulee Ande, SPECIAL PRONSNNS below E.L.DISEASE-POLICY LIMIT $ OTHER: DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS WELD COUNTY IS NAMED ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABITY.WAIVER OF SUBROGATION IS INCLUDED WITH RESPECT TO ALL COVERAGES EVIDENCED FOR ALL ADDITIONAL INSUREDS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE WELD COUNT DIRECTOR OF GENERAL SERVICES EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. PURCHASING DEPT 1150 O STREET,SUITE 107 GREELEY,CO 80631 AUTHORIZED REPRESENTATIVE Attention: Mark Sodden ACORD 25(2001/08) Certificate# 48514 O ACORD CORPORATION 1988 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. ACORD 25-S(2001/08) Certificate#48514 Hello