Bid Specs - HVAC Motor _ Fan Belts - 137.docx

Supply (Recurring) - Invitation for Bid (IFB) Cover Sheet

Bid Number: B2500137

Title: HVAC Motor and Fan Belts

Advertisement Date: October 29, 2025

Questions Due: November 17, 2025, by 10:00 am

Questions Posted: November 21, 2025, by 3:00 pm

Questions email: bids@weld.gov

Bid Due Date: December 1, 2025, by 11:00 am, Purchasing’s Clock

Bid Delivery: Preferred email to bids@weld.gov or option to hand delivery to 1301 North 17th Avenue, Greeley, CO 80631

For additional information: bids@weld.gov

Documents Included in this Bid Package

Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80631

Form Revision 6-2025 Solicitation # [Purchasing Insert Solicitation #] Page 7 IFB Schedules Schedule A: Bid Instructions Schedule B: Scope of Work Schedule C: Project Schedule Schedule D: Bid Form Schedule E: Insurance & Bonds Schedule F: Weld County Contract

Table of Contents

Schedule A - Bid Instructions

Purpose/Background The Board of County Commissioners of Weld County, Colorado, by and through its Purchasing Office (collectively referred to herein as, “Weld County”), wishes to purchase the following:

HVAC Motor and Fan Belts

Bids will be received until: December 1, 2025 at 11:00 am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on December 1, 2025 at 11:30 am. To join, call the phone number and enter the Conference ID provided below or you are invited to attend the bid opening in person at the Weld County Purchasing Conference Room, 1301 N. 17th Avenue, Greeley, CO 80631.

Join the meeting now Meeting ID: 296 518 095 771 9 Passcode: Ro3RV2FJ

+1 720-439-5261,,125992531# United States, Denver Phone conference ID: 125 992 531#

Bid Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.com/ Weld County Government is a member of BidNet Direct. BidNet Direct is an on-line notification system which is being utilized by multiple non-profit and governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system.

Bid Submission

1. PREFERRED: email bids to bids@weld.gov If your bid exceeds 25MB please upload your bid to https://www.bidnetdirect.com. The maximum file size to upload to BidNet Direct is 500 MB. If vendor does not desire email submission, sealed bids will be received at the Office of the Weld County Purchasing in the Weld County Building located at 1301 North 17th Avenue, Greeley, CO 80631 by the bid due date and time.

2. PDF format is required. 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 your bid has been received. Please call Purchasing at 970-400-4222 or 4223 with any questions.

Introductory Information

1. Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Division. Each bid must give the full business address of bidder and be signed by authorized person. 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 Procurement Manager satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in detail, and signed by the Bidder.

2. 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 Division on or prior to the time indicated in Section 1, entitled, "Notice to Bidders." Hard copy bids received prior to the time of opening will be kept unopened in a secure place. No responsibility will attach to the Weld County Procurement Manager for the premature opening of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of the Weld County Procurement Manager; said request being received from the withdrawing bidder prior to the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions, specifications, and all instructions contained herein, failure to do so will be at the bidders’ risk.

3. In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing, lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any and all bids, to waive any informality in the bids, to award the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County. The bid(s) may be awarded to more than one vendor.

4. In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Invitation for Bid contained herein (including, but not limited to the product specifications and scope of services), the formal acceptance of the bid by Weld County, and signature of the Chair of the Board of County Commissioners, together constitutes a contract, with the contract date being the date of signature by the Chair of the Board of County Commissioners.

Cooperative Purchasing Weld County encourages cooperative purchasing in an effort to assist other agencies to reduce their cost of bidding and to make better use of taxpayer dollars through volume purchasing. Vendor(s) may, at their discretion, agree to extend the prices and/or terms of the resulting award to other state or local government agencies, school districts, or political subdivisions in the event they would have a need for the same product/service. Usage by any entity shall not have a negative impact on Weld County in the current term or in any future terms.

Schedule B - Scope of Work

Project Overview Weld County is seeking bids for a vendor to provide replacement motor and fan belts used in the buildings HVAC systems.

Method of Procurement Invitation for Bid (IFB): is a procurement method often referred to as a sealed bid solicitation. When issued, the bid package is considered complete for bidding purposes. Responsiveness to the solicitation’s terms and conditions are required. Incomplete or non-responsive bids will be eliminated from consideration. Low price is the key consideration by Weld County in awarding an IFB contract.

Pricing Method

Lump Sum Price: The lump sum price is the simplest and easiest price. Based on specifications, the contractor estimates their cost to provide the work, adds a profit margin, then proposes the sum as a price of the project. Lump Sum requires the proposals to include a fixed, not-to-exceed lump sum, which shall include all costs that may be paid to the contractor. The solicitation may include an itemized list of costs, in which case the proposals shall include itemized costs.

Specific Requirements and Responsibilities

1. Belts are ordered Monthly or as needed for the Weld County buildings. We anticipate a minimum of 12 orders during the year.

2. Belts are to be delivered to Facilities Building located at 1105 H Street, Greeley, CO. Deliveries must be made during business hours of Monday through Friday from 7 AM until 5 PM.

3. Due to configuration needs and timeliness for maintenance response, this is an ALL-OR-NONE bid. Which means product will not be split between vendors.

4. There will not be a pre-bid meeting.

5. If there are questions concerning this bid, please send those to bids@weldgov.com. Due date for question submission is July 12, 2024. Reponses to any questions received are anticipated to be posted on the website by July 15, 2024

6. Any delivery costs associated with sending these items to the Facilities building located at 1105 H Street, must be included in the price you identify in each item.

7. All Belts must be Bestorq X5 for 3VX, 5VX, AX, BX, CX and 4L170 and up.

8. All 4L160 and smaller, 3L and A belts will be Bestorq X3.

Table 1: BELT LIST AND PRICE Provide the price for each belt in the spaces below. Then provide a total,

3L170

3L180

3L190

3L200

3L210

3L220

3L230

3L240

3L250

3L290

3L320

3L350

3L390

3L420

3VX630

4L160

4L170

4L180

4L190

4L200

4L210

4L220

4L230

4L250

4L260

4L270

4L320

4L330

4L350

4L370

4L400

4L440

4L580

5VX 710

5VX450

5VX510

5VX530

5VX580

5VX590

5VX600

5VX610

5VX630

5VX650

5VX680

5VX830

5VX850

5VX900

5VX930

A34

A39

A43

AX21

AX22

AX23

AX24

AX25

AX26

AX27

AX28

AX29

AX30

AX31

AX32

AX33

AX34

AX35

AX36

AX37

AX38

AX39

AX40

AX41

AX42

AX43

AX44

AX45

AX46

AX47

AX48

AX49

AX50

AX51

AX52

AX53

AX55

AX56

AX58

AX62

AX63

AX66

AX72

AX74

AX75

AX78

AX83

B53

B54

BX100

BX103

BX105

BX112

BX120

BX136

BX144

BX173

BX33

BX34

BX35

BX40

BX42

BX43

BX44

BX46

BX48

BX50

BX51

BX52

BX53

BX56

BX58

BX59

BX60

BX62

BX64

BX66

BX68

BX69

BX70

BX71

BX75

BX77

BX78

BX79

BX80

BX81

BX82

BX85

BX89

BX94

BX95

BX97

BX99

CX 210

Schedule C - Procurement Schedule

Below is the anticipated schedule for procurement of this solicitation:

Advertisement Date October 29, 2025

Technical Questions Due November 17, 2025, by 10:00 am

Technical Questions email bids@weld.gov

Questions Answered via Addendum November 21, 2025, by 3:00 pm

Proposals Are Due December 1, 2025, 11:00 am Purchasing’s Clock

Solicitation Notice of Award (Anticipated) December 15, 2025

Contract Execution (Anticipated) December 29, 2025

Schedule D – Bid Response Form

Bid Submittal Instructions The following items must be completed and submitted with your proposal on or before the proposal opening deadline.

1) Schedule D – Bid Response Form

2) Any potential or future Addenda must be completed/acknowledged.

3) All other items as requested in the Bid Specifications and/or Scope of Work.

Failure to include any of the above items upon submittal of your bid may result in your bid being incomplete, non-responsive, and your bid being rejected. If there are any exclusions or contingencies submitted with your bid it may be disqualified.

Fees

Provide fees for this project below:

HVAC Belts Total Lump Sum Price (From Section B, Table 1): $__________

Attestation

The undersigned, by his or her signature, hereby acknowledges and represents that:

1. The bid proposed herein meets all the conditions, specifications and special provisions set forth in the Invitation for Solicitation B2500137

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 bid sheets.

4. Acknowledgement that bidder is required to submit a current IRS Form W9 upon award and prior to contracting.

5. Acknowledgement of Schedule E – Insurance

6. Acknowledgment of Schedule F – Weld County Contract

7. By submitting a responsive bid or proposal, the supplier agrees to be bound by all terms and conditions of the solicitation as established by Weld County.

8. 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.

Company Name:

Address:

Phone

Email:

FEIN/Federal Tax ID #:

CONTRACTOR:

By: ____________________________ ______________ Date of Signature Name: __________________________

Title: ___________________________

Schedule E – Insurance

Insurance

Required Types of Insurance.

Workers’ Compensation and Employer’s Liability Insurance as required by state statute, covering all of the Contractor’s employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers’ Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form.

Minimum Limits:

Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor."

Such policy shall include Minimum Limits as follows:

Automobile Liability Insurance for Bodily Injury and Property Damage for any owned, hired, and non-owned vehicles operating both on County property and elsewhere in the performance of this Contract.

Contractor's Automobile Insurance Policy shall include Minimum Limits as follows:

Bodily Injury/Property Damage (Each Accident) $ 1,000,000

Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name the County, its elected officials, trustees, employees, agents, and volunteers as “Additional Insureds” for work that is being performed by the Contractor.

On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract.

Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences.

Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract.

All certificates and any required endorsement(s) shall be sent directly to the County Department Representative’s Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time.

Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney’s Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action.

Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County.

The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force.

Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project.

Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non-renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given.

On all other policies, it is the Contractor’s responsibility to give the County 30 days’ notice if policies are reduced in coverage or limits, cancelled or non-renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer’s notification to that effect.

The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement.

Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award.

Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor’s policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County.

No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor 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 Contractor 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.

Insurance Mailing Information

Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic correspondence or mail using the information below:

Email:

Project Manager: Mike Baranovic Email: Mbaranovic@weld.gov Telephone: 970-400-2031

Mail:

Weld County Facilities Department ATTN: Mike Baranovic PO Box 758 Greeley, CO 80632

Schedule F - Weld County Contract

Contractual Obligations

1. The successful Contractor will be required to sign a contract substantially similar to the Weld County Standard Contract shown in Schedule F of this document. The County reserves the right to add or delete provisions to the form prior to Agreement execution.

2. Issuance of this solicitation does not commit the County to award any agreement or to procure.

3. If a formal contract is required, the Contractor agrees and understands that a Notice of Award does not constitute a contract or create a property interest of any nature until a contract is signed by the Awardee and the Board of County Commissioners and/or their authorized designee.

4. Contractor is responsible for reviewing the Weld County Standard Contract and understanding the terms and conditions contained therein, including, but not limited to, insurance requirements, indemnification, illegal aliens, equal opportunity, non-appropriation, and termination.

5. Contractor’s Response to this solicitation is a willingness to enter into the Weld County Standard Contract or Contractor shall identify and include any proposed revisions they have for the Weld County Standard Contract. Any proposed revisions made by the Contractor after the County Notice of Intent to Award the Solicitation may be grounds for rescinding said Notice. The identification of willingness to enter into the standard Agreement is for general purposes at this time but is part of the evaluation process and must be included. There may be negotiations on a project-by-project basis that provide further clarification.

Weld County Standard Contract

Supply Agreement Between Weld County and [Contractor]

THIS AGREEMENT is made and entered into this ___ day of ____________, 202_, by and between the Board of Weld County Commissioners, on behalf of [Department], hereinafter referred to as “County,” and [Contractor], hereinafter referred to as “Contractor”.

WHEREAS Contractor is willing and has the specific ability to supply the required materials at or below the cost set forth in the attached Exhibits in accordance with the terms of this Agreement.

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 the attached Exhibits, each of which forms an integral part of this Agreement and are incorporated herein. The parties each acknowledge and agree that this Agreement, including the attached Exhibits, define the performance obligations of Contractor and Contractor’s willingness and ability to meet those requirements (the “Work”). If a conflict occurs between this Agreement and any Exhibit or other attached document, the terms of this Agreement shall control, and the remaining order of precedence shall be based upon order of attachment.

Exhibit A consists of County’s Invitation for Bid (IFB) as set forth in Bid Package No. B_________.

Exhibit B consists of Contractor’s Response to County’s Request.

2. Service or Work. Contractor agrees to procure the materials, equipment and/or products necessary for the Work and agrees to diligently provide all services, labor, personnel, and materials necessary to perform and complete the Work described in the attached Exhibits. Contractor shall further be responsible for the timely completion and acknowledges that a failure to comply with the standards and requirements of Work within the time limits prescribed by County may result in County’s decision to withhold payment or to terminate this Agreement. The material and/or equipment shall be delivered to the location(s) specified herein.

4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. Due to the time needed for County to procure replacement services, Contractor may terminate this Agreement for its own convenience upon ninety (90) days written notice to County. Either Party may immediately terminate this Agreement upon material breach of the other party, however the breaching party shall have fifteen (15) days after receiving notice to cure such breach. Nothing herein shall be construed as giving Contractor the right to provide materials or services under this Agreement beyond the time when such materials or services become unsatisfactory to the County. Upon termination, County shall take possession of all materials, equipment, tools, and facilities owned by County which Contractor is using, by whatever method it deems expedient; and Contractor shall deliver to County all completed or partially completed Work 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. Upon termination of this Agreement by County, Contractor 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 Amendment. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services.

6. Compensation; Invoicing. Upon Contractor’s delivery of materials to County at the location described in the Exhibits, and County’s acceptance of the same, County agrees to pay Contractor as set forth in the Exhibits. No payment in excess of that set forth in the Exhibits will be made by County unless a Change Order authorizing such additional payment has been specifically approved by Weld County. 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 Contractor 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, Contractor 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 Contractor hereunder and Contractor 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 Contractor 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). Unless otherwise provided in the Exhibits, Contractor shall invoice County for all materials supplied by Contractor under this Agreement within thirty (30) days of acceptance of such materials by County, and County shall remit payment to Contractor for all undisputed funds within thirty (30) days of receiving such invoice. County shall include a written explanation for the nonpayment of any disputed funds, and the parties shall cooperate to resolve the dispute in a reasonable timeframe.

7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor’s officers, agents or employees will not become employees or agents of County, nor entitled to any employee benefits (including unemployment insurance or workers’ compensation benefits) from County as a result of the execution of this Agreement. Contractor shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Any provisions in this Contract that may appear to give the County the right to direct Contractor as to details of doing work or to exercise a measure of control over the work mean that Contractor shall follow the direction of the County as to end results of the work only. The Contractor is obligated to pay all federal and state income tax on any moneys earned or paid pursuant to this contract.

8. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of the Work 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 Work during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Work. Contractor shall require each subcontractor, as approved by County and to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, 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 Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees, and subcontractors.

9. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the standards governing such services and the provisions of this Agreement. Contractor further represents and warrants that all Work shall be performed by qualified personnel in a professional manner, consistent with industry standards, and that all services will conform to applicable specifications. Contractor warrants that it has title to the materials supplied and that they are free and clear of all liens, encumbrances, and security interests. In addition to the foregoing, all work performed pursuant to this Agreement is subject to a minimum one-year warranty period, unless a greater time is stated in the Exhibits, during which the Contractor must correct any failures or deficiencies. This warranty shall commence on the date of County’s final inspection and acceptance of the materials. The Contractor warrants that the materials to be supplied pursuant to this Agreement are fit and sufficient for the purpose intended; they are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship; and the materials sold to Weld County pursuant to this Agreement conform to the minimum specifications as established herein.

Service Calls in the First One Year Period: Contractor shall bear all costs for mileage, travel time, service trucks, and any other costs accrued in the servicing (including repairs) of any of the materials purchased by County pursuant to this Agreement for as many service calls as are necessary for the first one (1) year period after said materials are first supplied to Weld County.

10. Acceptance of Services Not a Waiver. 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 Contractor, and County’s action or inaction when any such breach or default exists 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 Work 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.

11. Insurance. Contractor must secure, before the commencement of the Work, the following insurance covering all operations, goods, and services provided pursuant to this Agreement, and shall keep the required insurance coverage in force at all times during the term of the Agreement, or any extension thereof, and during any warranty period. For all coverages, Contractor’s insurer shall waive subrogation rights against County. Contractor shall provide coverage with limits of liability no less than those stated below. An excess liability policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage is written on a “following form” basis.

Acceptability of Insurers: Insurance is to be placed with insurers duly licensed or authorized to do business in the state of Colorado and with an “A.M. Best” rating of not less than A-VII. The County in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

Required Types of Insurance.

Workers’ Compensation and Employer’s Liability Insurance as required by state statute, covering all of the Contractor’s employees acting within the course and scope of their employment. The policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contractor or subcontractor is exempt under Colorado Workers’ Compensation Act., AND when such Contractor or subcontractor executes the appropriate sole proprietor waiver form.

Minimum Limits:

Commercial General Liability Insurance including public liability and property damage, covering all operations required by the Work. The policy shall be endorsed to include the following additional insured language: "County, its elected officials, trustees, employees, agents, and volunteers shall be named as additional insureds with respect to liability arising out of the activities performed by, or on behalf of the Contractor."

Such policy shall include Minimum Limits as follows:

Automobile Liability Insurance policy endorsement for bodily Injury and Property Damage for any owned, hired, and non-owned vehicles operating both on County property and elsewhere in the performance of this Contract.

Contractor's Automobile Insurance Policy shall include Minimum Limits as follows:

Bodily Injury/Property Damage (Each Accident) $ 1,000,000

12. Proof of Insurance. All insurers must be licensed or approved to do business within the State of Colorado, and unless otherwise specified, all policies must be written on a per occurrence basis. The Contractor shall provide the County with a Certificate of Insurance evidencing all required coverages, before commencing work or entering the County premises. The Contractor shall furnish the County with certificates of insurance (ACCORD) form or equivalent approved by the County as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Contractor shall name on the Certificate of Insurance for the Commercial General Liability coverage and for the Automobile Liability coverage, “Weld County, its successors or assigns, elected officials, affiliated entities, employees, agents, and volunteers as Additional Insureds” for work that is being performed by or on behalf of the Contractor.

On insurance policies where the County is named as an additional insured, the County shall be an additional insured to the full limits of liability purchased by the Contractor even if those limits of liability are in excess of those required by this Contract.

Upon request by the County, Contractor must provide a certified copy of the actual insurance policy and/or required endorsements, for examination, effecting coverage(s) required by the Contract. Such documents are deemed confidential and deemed not public records for purposes of the Colorado Open Records Act. All certificates and endorsements are to be received and approved by the County before work commences.

Each insurance policy required by this Agreement must be in effect at or prior to commencement of work under this Agreement and remain in effect for the duration of the project, and for a longer period of time if required by other provisions in this Agreement. Failure to maintain the insurance policies as required by this Agreement or to provide evidence of renewal is a material breach of contract.

All certificates and any required endorsement(s) shall be sent directly to the County Department Representative’s Name and Address. The project/contract number and project description shall be noted on the certificate of insurance. The County reserves the right to require complete, certified copies of all insurance policies for examination required by this Agreement at any time.

Any modification or variation from the insurance requirements in this Agreement shall be made by the County Attorney’s Office, whose decision shall be final. Such action will not require a formal contract amendment but may be made by administrative action.

13. Additional Insurance Related Requirements. The County requires that all policies of insurance be written on a primary basis, non-contributory with any other insurance coverages and/or self-insurance carried by the County.

The Contractor shall advise the County in the event any general aggregate or other aggregate limits are reduced below the required per occurrence limit. At their own expense, the Contractor will reinstate the aggregate limits to comply with the minimum requirements and shall furnish the County with a new certificate of insurance showing such coverage is in force.

Commercial General Liability Completed Operations coverage must be kept in effect for up to three (3) years after completion of the project. Contractors Professional Liability (Errors and Omissions) policy must be kept in effect for up to three (3) years after completion of the project.

Certificates of insurance shall state that on the policies that the County is required to be named as an Additional Insured, the insurance carrier shall provide a minimum of 30 days advance written notice to the County for cancellation, non-renewal, suspension, voided, or material changes to policies required under this Agreement, except when cancellation is for non-payment of premium, then ten (10) days prior notice may be given.

On all other policies, it is the Contractor’s responsibility to give the County 30 days’ notice if policies are reduced in coverage or limits, cancelled or non-renewed. However, in those situations where the insurance carrier refuses to provide notice to County, the Contractor shall notify County of any cancellation, or reduction in coverage or limits of any insurance within seven (7) days or receipt of insurer’s notification to that effect.

The Contractor agrees that the insurance requirements specified in this Agreement do not reduce the liability Contractor has assumed in the indemnification/hold harmless section of this Agreement.

Failure of the Contractor to fully comply with these requirements during the term of this Agreement may be considered a material breach of contract and may be cause for immediate termination of the Agreement at the option of the County. The County reserves the right to negotiate additional specific insurance requirements at the time of the contract award.

14. Subcontractor Insurance. Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above-described insurance prior to their commencement of the Work, or otherwise that they are covered by the Contractor’s policies to the minimum limits as required herein. Contractor agrees to provide proof of insurance for all such subcontractors upon request by the County.

15. No limitation of Liability. The insurance coverages specified in this Agreement are the minimum requirements, and these requirements do not decrease or limit the liability of Contractor. The County in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the Work under by the Contractor, its agents, representatives, employees, or subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverages. The Contractor 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 Contractor 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.

16. Mutual Cooperation. The County and Contractor shall cooperate with each other in the collection of any insurance proceeds which may be payable in the event of any loss, including the execution and delivery of any proof of loss or other actions required to effect recovery.

17. Indemnity. The Contractor shall defend, indemnify, hold harmless and, not excluding the County's right to participate, defend the County, its officers, officials, agents, and employees, from and against all liabilities, claims, actions, damages, losses, and expenses including without limitation reasonable attorneys' fees and costs (hereinafter referred to collectively as "claims") for bodily injury or personal injury including death, or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of or recovered under the Workers' Compensation law or arising out of the failure of such contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that County shall, in all instances, except for claims arising solely from the negligent or willful acts or omissions of the County, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration for the award of this contract, the Contractor agrees to waive all rights of subrogation against the County, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the County.

18. Non-Assignment. Contractor may not assign or transfer this Agreement or any interest therein or claim thereunder, without the prior written approval of County. Any attempts by Contractor 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 Contractor hereunder. Such consent may be granted or denied at the sole and absolute discretion of County.

19. Examination of Records. To the extent required by law, the Contractor agrees that a duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers, and records of Contractor, involving all matters and/or transactions related to this Agreement. Contractor agrees to maintain these documents for three years from the date of the last payment received.

20. 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.

21. Notices. County may designate 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 as identified below. All notices or other communications (including annual maintenance made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances:

(a) personal service by a reputable courier service requiring signature for receipt; or

(b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or

(c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required and received by the sending party; or

Either party may change its notice address(es) by written notice to the other. Notice may be sent to:

TO CONTRACTOR:

TO COUNTY:

22. Compliance with Law. Contractor 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.

23. Non-Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other Contractors or persons to perform services of the same or similar nature.

24. 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.

25. 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.

26. Employee Financial Interest/Conflict of Interest – C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which…