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Home My WebLink About20242227.tiff1,on+cac- TO 4 l O O 8/26/2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: B2400113 Galeton Grader Shed -Backup Generator As advertised as bid for installation of a new backup generator at the Galeton Grader Shed located at 24980 WCR 74, Galeton CO. The low bid is from EasTex Tower LLC and meets specifications. Therefore, the Facilities Department recommends the award to services to EasTex Tower LLC. In the amount of $138,440. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Director onse! r + A -1 ok av 09 1ICc1 ce,,L,,,ta-te--%a) gim/01- aoaLI-aa� AGREEMENT FOR CONSTRUCTION SERVICES BETWEEN WELD COUNTY AND EASTEX TOWER LLC FOR GALETON GRADER SHED BACKUP GENERATOR THIS AGREEMENT is made and entered into this I(e+day of 5p ember, 2024, by and between the Board of Weld County Commissioners, on behalf of the Facilities Department hereinafter referred to as "County," and EasTex Tower LLC, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the 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 based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. B2400113. Exhibit B consists of Contractor's Response to County's Request for Bid. 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 faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractorsperforming construction services of a similar nature to those described in this Agreement. 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. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. 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 such notice to cure such breach. 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 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 that is incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE." If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination 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 Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same, County agrees to pay an amount not to exceed $138,440, as set forth in 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. Unless expressly enumerated in the attached Exhibits, Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). 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). 7. Independent Contractor. Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees 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. 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 this 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. Ownership. All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County. In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 10. Confidentiality. Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL". However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the confidentiality of all documents. Contractor agrees to keep confidential all of County's confidential information. Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County. Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement. 11. Warranty. Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction 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. In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance. This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits. 12. Acceptance of Services Not a Waiver. Upon completion of the Work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports, incidental material(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project. In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach. Acceptance by the County of, or payment for, the 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. 13. 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. A. Types of Insurance: 1) Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all 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. 2) Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work. Such policy shall include minimum limits as follows: $1,000,000 each occurrence; $2,000,000 general aggregate; $2,000,000 products and completed operations aggregate; $1,000,000 Personal Advertising injury; $50,000 any one fire; and $5,000 Medical payment per person. Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance. 3) Automobile Liability: Contractor shall maintain limits of $1,000,000 for bodily injury per person; $1,000,000 for bodily injury for each accident; and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract. 4) Professional Liability (Errors and Omissions Liability): Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors where: a. the Work includes Construction Surveying and/or Survey Monumentation and/or b. plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to i. Shop drawings and working drawings as defined in subsection 105.25 of the Specifications, ii. Mix designs, iii. Contractor performed design work as required by the plans and Specifications, iv. Change Orders, or v. Approved Value Engineering Proposals. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract. Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services. In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed. 5) Umbrella or Excess Liability Insurance: Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an Occurrence form and shall be following form of the primary. 6) Pollution Liability. Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits. The policy shall cover the Contractor's completed operations. Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos). If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed. Minimum Limits: Per Loss $1,000,000 Aggregate $1,000,000 7) Builders' Risk Insurance or Installation Floater— Completed Value Basis: Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles. The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site. Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later. The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub - tier contractors in the Project. The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading. Flood damage coverage is not required for work within the floodway or 100 -year floodplain. Regardless, Contractor shall bear all risk associated with any and all loss resulting from flood events during construction. The Builders' Risk shall include a Beneficial Occupancy Clause. The policy shall specifically permit occupancy of the building during construction. County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy. The Builder's Risk Policy shall remain in force until acceptance of the project by the County. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing). B. The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy. C. For all general liability, excess/umbrella 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. D. Proof of Insurance: Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion. Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured. E. Subcontractor Insurance: Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the 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. F. 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. G. Certification of Compliance with Insurance Requirements. The Contractor stipulates that it has met the insurance requirements identified herein. The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. 14. Indemnity. The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree. The Contractor 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. It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County. A failure to comply with this provision shall result in County's right to immediately terminate this Agreement. 15. 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. 16. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last payment received. 17. 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. 18. Notices. County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative. All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances: a) personal service by a reputable courier service requiring signature for receipt; or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract; or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party; or Either party may change its notice address(es) by written notice to the other. Notice shall be sent to: Contractor: EasTex Tower LLC. Name: Jeffrey Reynolds Position: Vice President Address: 7345 Templeton Gap Rd, Colorado Springs, CO Address: Colorado Springs, CO 80923 E-mail: dhancock@ettower.com Phone: 719-900-8329 County: Weld County Position: Facilities Director Address: 1105 H Street Address: Greeley, CO 80632 E-mail: poneill@weld.gov Phone: 970-400-2023 19. 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. 20. 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. 21. 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. 22. 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. 23. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. 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. 26. Governmental Immunity. No term or condition of this Agreement 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. 27. 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. 28. 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. 29. 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 even 30. of a legal dispute between the parties, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute. 31. Public Contracts for Services. Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. Contractor 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. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice. Contractor shall not terminate the contract if within three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. Contractor shall comply with reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees. Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of federal or state law. If Contractor fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages. 32. Except where exempted by federal law and except as provided in C.R.S. § 24- 76.5-103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States, if such individual applies for public benefits provided under the contract. If Contractor 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 federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract. 33. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 34.Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, 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. 35. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 36. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: EasTex Tower, LLC By: Je9lds (Sep 6, 2024 15:28 MDT) Name: Jeffrey Reynolds Title: Vice President of Operations Sep 6, 2024 Date of Signature WELD CO Y: ATTEST: -ad/MA) Jeito;v4. BOARD OF COUNTY COMMISSIONERS Weld ' aunty Clerk to t - Board WELD COUNTY, COLORADO BY Deputy Cler o th rry I. Buck, Pro-Tem SEP 1 6 2024 ot002 4- „2a,27 Weld County Contract Final Audit Report 2024-09-06 Created: 2024-09-06 By: Stephanie Smith (stephanie@ettower.com) Status: Signed Transaction ID: CBJCHBCAABAAuZ3t66Ey2zGtuXWj_ouGoNZkRr74k39j "Weld County Contract" History t Document created by Stephanie Smith (stephanie@ettower.com) 2024-09-06 - 9:22:45 PM GMT C`w Document emailed to Jeff Reynolds (jeynolds@ettower.com) for signature 2024-09-06 - 9:23:37 PM GMT t Email viewed by Jeff Reynolds (jreynolds@ettower.com) 2024-09-06 - 9:28:24 PM GMT b© Document e -signed by Jeff Reynolds (jreynolds@ettower.com) Signature Date: 2024-09-06 - 9:28:44 PM GMT - Time Source: server Agreement completed. 2024-09-06 - 9:28:44 PM GMT gi Adobe Acrobat Sign Exhibit A f Weld County Finance Department Purchasing Division 1301 North 17th Avenue Greeley, Colorado 80601 GOU Construction - Invitation for Bid (IFB) Cover Sheet Bid Number: B2400113 Title: Galeton Grader Shed -Backup Generator Issue Date: July 9, 2024 Pre -Bid Meeting: July 23 2024, at 10:00 am Pre -Bid Location: 24980 WCR 74, Galeton, Colorado Questions Due: July 30, 2024, by 3:00 PM Questions email: bids(a�weld.gov Bid Due Date: August 13, by 10:00 am, Purchasing's Clock Bid Delivery: Preferred email to bids(a�weld.gov or hand delivery to 1301 North 17th Avenue, Greeley, CO 80631 For additional information: bids@weld.gov Documents Included in this Bid Package IFB Schedules Schedule A: Bid Instructions S chedule B: Scope of Work S chedule C: Project Schedule S chedule D: Bid Form S chedule E: Insurance & Bonds Schedule F: Weld County Contract IFB Attachments Attachment 1 - Weld County Project Documents Attachment 2 — Galeton Generator Final -Permit Drawings Attachment 3 — Galeton Generator Location Layout Table of Contents Construction - Invitation for Bid (IFB) Cover Sheet 1 Documents Included in this Bid Package 1 IFB Schedules 1 IFB Attachments 1 Schedule A - Bid Instructions 3 Purpose/Background 3 Bid Advertisement 3 Bid Submission 3 Introductory Information 3 Cooperative Purchasing 4 Schedule B - Scope of Work 5 Project Overview 5 Method of Procurement 5 Delivery Method 5 Pricing Method 5 Project Scope 5 Schedule C - Project Schedule 5 Schedule 7 Schedule D - Bid Form 8 Bid Submittal Instructions 8 Fees 8 Attestation 9 Schedule E — Insurance and Bonds 10 Insurance 10 Bonds 11 Insurance Mailing Information 11 Schedule F - Weld County Contract 13 Contractual Obligations 13 Weld County Standard Contract 13 Solicitation #B2400113 Page 2 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: Weld County is seeking bids for a turn -key lump sum project to furnish and install backup generator systems for the Galeton Grader Shed at 24980 WCR 74 Galeton, Colorado. A mandatory pre -bid conference will be held on July 23, 2024 at 10:00 am at the Galeton Grader Shed located at 24980 WCR 74 Galeton, Colorado. Bidders must participate and record their presence at the pre -bid conference to be eligible to submit bids. Bids will be received until: August 13, 2024 at 10:00 am (Weld County Purchasing Time Clock). The submitted bids will be read over a Microsoft Teams Conference Call on August 13, 2024 at 10:30 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. Phone number: 720-439-5261 Phone Conference ID: 512 220 869# Bid Advertisement You can find information concerning this request on the BidNet Direct website at https://www.bidnetdirect.corn/ 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, addendurns, 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 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 Solicitation #B2400113 Page 3 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. Solicitation #B2400113 Page 4 Schedule B - Scope of Work P roject Overview Weld County is seeking bids for a turn -key lump sum project for a vendor to provide and furnish and install backup generator systems for the Galeton Grader Shed at 24980 WCR 74 Galeton, Colorado. 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 the contract. Delivery Method Design -Bid -Build (DBB): Design -Bid -Build (DBB) is the traditional project delivery method in which County either designs or retains a designer to furnish complete design services. Then solicits bids (advertises) and awards a separate construction contract based on the designer's completed construction documents. In DBB, the agency "owns" the details/risks of design during construction and as a result, is responsible for the cost of any errors or omissions encountered in construction. P ricing 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. Negotiated Price: Negotiated contract prices are fees provided and agreed upon between the County and the bidder. P roject Scope The scope of this project is for Galeton Grader Shed Backup Generator. The scope of this project is for the complete procurement and installation of a generator backup system and associated electrical work for Weld County's Galeton Grader Shed as specified in attachment B. This will include all scopes outlined in the provided documents, as well as all other associated scopes needed to complete a full generator backup system at this location. Project documents and specifications have been provided per the following attachment to this bid. Contractor will be responsible for procuring and executing all scopes of work as outlined and specified in the projects contract documents that have been provided during this bid request per the attachment outlined above. It is the contractor's responsibility at the time of bid to ensure all project specifications and requirements have been considered and included in their bid submission. Solicitation #B2400113 Page 5 PROJECT SPECIFIC TERMS AND CONDITIONS 1 This is a turnkey project which include but not limited to generators, concrete pad, enclosure, and all associated electrical work 2 All equipment and materials shall be submitted and approved prior to construction The County Project Manager is to review and approval all colors prior to installation 3 Work during business hours will be acceptable This facility is operational 24/7 The contractor will be required to provide uninterrupted power for any major power transfers The contractor is to minimize any disruptive work and the County reserves the right to shut down any work that is deemed disruptive to the facility operations or clients 4 Any work being performed in this facility needs to be coordinated one week prior to commencement 5 All grounding is to be installed per code 6 Contractor to provide fire caulking or foam for all fire rated penetrations A detailed submittal of all penetrations is to be provided to the owner / engineer for review and approval All other non -fire rate penetrations to have a weather tight seal 7 All supports, raceways, and electrical devices to be submitted and approved prior to construction 8 Contractor is to be certified for installation of specified generator 9 A State licensed electrician is required for all electrical work 10 Contractor is responsible for filling all appropriate fluids to fully operate and test backup generator 11 Contractor is responsible for lubricating all necessary components for backup generator 12 Contractor to adjust and test automatic transfer switch in normal and emergency mode Starting and testing the system in automatic mode simulating power failures from the utility Electrical wires, pipes and devices shall comply with UL standard and meet National Electric Codes 13 All materials and equipment incorporated into the project shall be new unless noted otherwise The Contractor shall transport and safeguard all materials and equipment required for construction 14 Contractor to coordinate all irrigation lines with Weld County 15 Generator shall be installed according to manufacturer's specifications 16 Contractor to include in the bid one of the three following generator vendors Cummins, Generac, and Kohler The County will not accept other generator vendors Contractor to provide full submittal cut sheets of proposed generator with bid response 17 Contractor is responsible for moving the picnic bench and bike rack adjacent to the proposed enclosure Final location to be determined through project coordination The camera is to be removed and relocated by Weld County The Contractor will be responsible for filling and patching block after removal of camera 18 Proof of full load testing Engine generator set shall be operated at 75% of rated load for at least two hours and then 100% rated load for at least four hours In addition, a full load acceptance test of 100% of rated load shall be applied to the generator with voltage and frequency stabilization occurring per Specifications 19 Contractor will be responsible for all weather protection 20 Contractor to coordinate all parking and staging of equipment prior to starting onsite 21 Remote panel locations and specific notifications will be determined onsite Solicitation #62400113 Page 6 Schedule C - Project Schedule Schedule Below is the anticipated schedule for this project: Date of this Bid Advertisement Date Pre -bid conference Bid Questions Due Bids Are Due Bid Award Notice Contract Execution Delivery of Goods July 9, 2024 July 9, 2024 July 23, 2024 July 30, 2024 August 13, 2024 September 4, 2024 September 18, 2024 January 31, 2025 Solicitation #B2400113 Page 7 Schedule D - Bid Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 am on August 13, 2024: 1) Schedule B- Scope of Work 2) Schedule D — Bid Form 3) W9, if applicable.* 4) Any potential or future Addenda must be completed/acknowledged. 5) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. 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 in the space below: Insert pricing model and fees that are tailored to this solicitation: Item Price $ ELECTRICAL W/LABOR GENERATOR COST $ CONCRETE/EXCAVATION COST Total Lump Sum Cost $ 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 Bid for Request No. #B2400113. 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 of Schedule E — Insurance and Bond 5. Acknowledgment of Schedule F — Weld County Contract 6. 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. 7. 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. Solicitation #B2400113 Page 8 Attestation Item Entry Company Name: Address: Phone Email: FEIN/Federal Tax ID #: CONTRACTOR: By: Name: Title: Date of Signature Solicitation #B2400113 Page 9 Schedule E — Insurance and Bonds Insurance 1. The Contractor shall furnish a certificate of insurance for commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability upon notification of award and prior to performance. Work shall not commence under this Agreement/Contract until the Contractor has submitted to the County and received approval thereof, the certificate of insurance showing compliance with the following types and coverage of insurance. a. Commercial General Liability Insurance: to include products liability, completed operations, contractual, broad form property damage, and personal injury. Each Occurrence General Aggregate $1,000,000 $2,000,000 b. Comprehensive Automobile Liability Insurance: to include all motor vehicles owned, hired, leased, or borrowed. Bodily Injury/Property Damage $1,000,000 (each accident) Personal Injury Protection Per Colorado Statutes c. Workers' Compensation Insurance: Per Colorado Statutes d. Professional Liability insurance*: to include coverage for damages or claims for damages arising out of the rendering, or failure to render, any professional services. Each Occurrence $1,000,000 *This insurance requirement applies only to Contractors who are performing services under this Agreement as professionals licensed under the laws of the State of Colorado, such as physicians, lawyers, engineers, nurses, mental health providers, and any other licensed professionals. 2. The Contractor's commercial general liability, comprehensive automobile liability, workers' compensation, and professional liability insurance policies and/or certificates of insurance shall be issued to include Weld County Government as an "additional insured" and shall include the following provisions: a. Underwriters shall have no right of recovery or subrogation against the County it being the intent of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses resulting from the actions or negligence of the Contractor. b. The insurance companies issuing the policy or policies shall have no response against the County for payment of any premiums due or for any assessments under any form of any policy. Solicitation #B2400113 Page 10 c. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 3. If any of the said policies shall be or at any time become unsatisfactory to the County as to form or substance, or if a company issuing any such policy shall be or at any time becomes unsatisfactory to the County, the Contractor shall promptly obtain a new policy, submit the same to the Purchasing Division of Weld County for approval, and thereafter submit a certificate of insurance as herein provided. a. Upon failure of the Contractor to furnish, deliver, and maintain such insurance as provided herein, this Agreement/Contract, at the election of the County, may be immediately declared suspended, discontinued, or terminated. b. Failure of the Contractor to obtain and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement/Contract, nor shall the insurance requirements be construed to conflict with the obligations of the Contractor concerning indemnification. c. Contractor shall provide copies insurance coverage policies to the County department maintaining contract administration duties. These include initial policy, updated/changes to coverage, extensions, renewals, etc. 4. If the Contractor is a Joint Venture, then the respective parties thereto are each individually held fully responsible for completion of the project according to the terms of this Agreement. The parties thereto also have joint and several liabilities to the County for any liquidated damages assessed or for performance bond claims against the Joint Venture. The performance bond and all insurance required by this Agreement shall set forth the identity of each party to the Joint Venture. Bonds 1. For projects over $50,000 the following bonds are required: a. Performance Bond in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. b. Payment Bond (Labor and Materials) in the amount of 100% of the contract value, will be required at time of contract execution, or as otherwise defined in the Specifications/Scope of Work. 2. Surety companies executing bonds must appear on the U.S. Treasury Department's most current list (Circular 570) as amended and be authorized to transact business in the State of Colorado. 3. A 5% Retainage Fee will be held for Construction contracts over $150,000. 4. Bonds may be submitted on the Standard AIA form or Weld County Form. Insurance Mailing Information Certificates of Insurance, endorsements and bonds shall be provided to the County via electronic Solicitation #B2400113 Page 11 correspondence or mail using the information below Email Project Manager Jeremy Duran Email jduran@weld gov Telephone 970-400-2045 Mail Weld County Facilities ATTN Jeremy Duran PO Box 758 Greeley, CO 80632 Solicitation #B2400113 Page 12 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 Below is the standard Weld County Contract for Construction. Agreement for construction services Between Weld County and [Contractor] For [Insert Name of Project] THIS AGREEMENT is made and entered into this [Insert] day of [Insert], 2024, by and between the Board of Weld County Commissioners, on behalf of the [DEPARTMENT], hereinafter referred to as "County." and [CONTRACTOR]. hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor to perform construction services as required by County and set forth in the attached Exhibits; and WHEREAS, Contractor is willing to perform and has the specific ability, qualifications, and time to perform the required construction services to provide the services according to the terms of this Agreement; and Solicitation #B2400113 Page 13 WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials and services as set forth below; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Introduction. The terms of this Agreement are contained in the terms recited in this document and in the 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 based upon order of attachment. Exhibit A consists of County's Request for Bid (RFB) as set forth in Bid Package No. Bid Number] Exhibit B consists of Contractor's Response to County's Request for Bid. [Insert 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 faithfully perform the Work in accordance with the standards of professional care, skill, training, diligence and judgment provided by highly competent Contractors performing construction services of a similar nature to those described in this Agreement. 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. 3. Term. The term of this Agreement begins upon the date of the mutual execution of this Agreement and shall continue through and until Contractor's completion of the responsibilities described in the attached Exhibits. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. This Agreement may be extended upon mutual written agreement of the Parties. In its sole discretion, the County, by the Director of the Department of Public Works or his or her designee, may extend the time for the Contractor to complete the service or work, by not more than thirty (30) days. Such extension shall not increase the compensation to be paid to the Contractor nor change any other term herein. 4. Termination; Breach; Cure. County may terminate this Agreement for its own convenience upon thirty (30) days written notice to Contractor. 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 such notice to cure such breach. 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 Solicitation #B2400113 Page 14 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 that is incomplete at the time of termination shall be marked "DRAFT - INCOMPLETE.' If this Agreement is terminated by County, Contractor shall be compensated for, and such compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and which have been approved by the County; (2) the reasonable value to County of the services which Contractor provided prior to the date of the termination notice, but which had not yet been approved for payment; and (3) the cost of any work which the County approves in writing which it determines is needed to accomplish an orderly termination of the work. County shall be entitled to the use of all material generated pursuant to this Agreement upon termination. Upon termination 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 Modification. Any amendments or modifications to this agreement shall be in writing signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services. Accordingly, no claim that the County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by the County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by Change Order. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated Change Order. Any change in work made without such prior Change Order shall be deemed covered in the compensation and time provisions of this Agreement. 6. Compensation/Contract Amount. Upon Contractor's successful completion of the Work, and County's acceptance of the same. County agrees to pay an amount not to exceed $[Insert]. as set forth in 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. Unless expressly enumerated in the attached Exhibits. Contractor shall not be entitled to be paid for any other expenses (e.g. mileage). Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement Solicitation #B2400113 Page 15 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) - 7 Independent Contractor Contractor agrees that it is an independent contractor and that Contractor's officers, agents or employees will not become employees 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 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 this 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 r Ownership All work and information obtained by Contractor under this Agreement or individual work order shall become or remain (as applicable), the property of County In addition, all reports, data, plans, drawings, records and computer files generated by Contractor in relation to this Agreement and all reports, test results and all other tangible materials obtained and/or produced in connection with the performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the - County Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County 10 Confidentiality Confidential information of Contractor should be transmitted separately from non -confidential information, clearly denoting in red on the relevant document at the top the word, "CONFIDENTIAL" However, Contractor is advised that as a public entity, Weld County must comply with the provisions of the Colorado Open Records Act (CORA), C R S 24-72- 201, et seq , with regard to public records, and cannot guarantee the confidentiality of all - documents Contractor agrees to keep confidential all of County's confidential information Contractor agrees not to sell, assign, distribute, or disclose any such confidential information to any other person or entity without seeking written permission from the County Contractor agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature of this confidential information and of the restrictions imposed by this Agreement 11 Warranty Contractor warrants that the Work performed under this Agreement will be performed in a manner consistent with the professional construction standards governing such services and the provisions of this Agreement Contractor further represents and warrants that Solicitation #B2400113 Page 16 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 In addition to the foregoing warranties, Contractor is aware that all work performed on this Project pursuant to this Agreement is subject to a warranty period during which Contractor must correct any failures or deficiencies caused by Contractor's workmanship or performance This warranty shall commence on the date of County's final inspection and acceptance of the Project, and shall continue for one year, or such greater time as specified in the attached Exhibits 12 Acceptance of Services Not a Waiver Upon completion of the Work, Contractor shall submit to County originals of -all test results, reports, etc , generated during completion of this work Acceptance by County of reports, incidental matenal(s), and structures furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the construction of the project In no event shall any action by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or default which may then exist on the part of Contractor, and County's action or inaction when any such breach or default shall exist shall not impair or prejudice any right or remedy available to County with respect to such breach or default No assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach Acceptance by the County of, or payment for, the 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 13 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 A Types of Insurance 1) Workers' Compensation/Employer's Liability Insurance as required by state statute, covering all 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 2) Commercial General Liability Insurance including public liability and property damage covering all operations required by the Work Such policy shall include minimum limits as follows $1,000,000 each occurrence, $2,000,000 general aggregate, $2,000,000 products and completed operations aggregate, $1,000,000 Personal Advertising injury, $50,000 any one fire, and $5,000 Medical payment per person Medical operations coverage shall be provided for a minimum period of one (1) year following final acceptance 3) Automobile Liability Contractor shall maintain limits of $1,000,000 for bodily injury per person, $1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in the performance of this Contract Solicitation #B2400113 Page 17 4) Professional Liability (Errors and Omissions Liability) Contractor shall maintain limits of $1,000,000 Per Loss and $2,000,000 Annual Aggregate for both the Contractor and subcontractors' where a the Work includes Construction Surveying and/or Survey Monumentation and/or b plans, specifications, and submittals are required to be signed and sealed by the Contractor's or subcontractor's Professional Engineer including but not limited to Shop drawings and working drawings as defined in subsection 105 25 of the Specifications, ii Mix designs, iii Contractor performed design work as required by the plans and Specifications, iv Change Orders, or v Approved Value Engineering Proposals The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Services of this contract Contractor shall maintain limits for all claims covering wrongful acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the course of operations under this Contract resulting from professional services In the event that the professional liability insurance required by this Contract is written on a claims -made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract, and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed 5) Umbrella or Excess Liability Insurance Contractor shall maintain limits of $1,000,000 and shall become primary in the event the primary liability policy limits are impaired or exhausted The policy shall be written on an Occurrence form and shall be following form of the primary 6) Pollution Liability Weld County requires this coverage whenever work at issue under this Contract involves potential pollution risk to the environment or losses caused by pollution conditions that may arise from the operations of the Contractor described in the Exhibits The policy shall cover the Contractor's completed operations Coverage shall apply to sudden and gradual pollution conditions resulting from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants (including asbestos) If the coverage is written on a claims -made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under this contract is completed Minimum Limits Per Loss $1,000,000 Aggregate $1,000,000 Solicitation #B2400113 Page 18 7) Builders' Risk Insurance or Installation Floater— Completed Value Basis Unless otherwise provided in the attached Exhibits, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in Colorado, Builders' Risk Insurance in the amount of the initial contract amount as described in the attached Exhibits, plus the value of subsequent modifications, change orders, and cost of material supplied or installed by others, comprising total value of the entire Project at the site on a replacement cost basis without optional deductibles The policy must provide coverage from the time any covered property becomes the responsibility of the Contractor, and continue without interruption during construction, renovation, or installation, including any time during which the covered property is being transported to the construction installation site, or awaiting installation, whether on or off site Such Builders' Risk Insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the County 's has insurable interest in the property to be covered, whichever is later The Builders' Risk insurance shall include interests of the County and if applicable, affiliated or associate entities, the General Contractor, subcontractors and sub -tier contractors in the Project The Builders' Risk Coverage shall be written on a Special Covered Cause of Loss form and shall include theft, vandalism, malicious mischief, collapse, false -work, temporary buildings, transit, debris removal including demolition, increased cost of construction, architect's fees and expenses, flood (including water damage), earthquake, and if applicable, all below and above ground structures, piping, foundations including underground water and sewer mains, piling including the ground on which the structure rests and excavation, backfilling, filling, and grading Flood damage coverage is not required for work within the floodway or 100 -year floodplain Regardless, Contractor shall bear all nsk associated with any and all loss resulting from flood events during construction The Builders' Risk shall include a Beneficial Occupancy Clause The policy shall specifically permit occupancy of the building during construction County Contractor shall take reasonable steps to obtain consent of the insurance company and delete any provisions with regard to restrictions within any Occupancy Clauses within the Builder's Risk Policy The Builder's Risk Policy shall remain in force until acceptance of the project by the County Equipment Breakdown Coverage (a k a Boiler & Machinery) shall be included as required by the Contract Documents or by law, which shall specifically cover insured equipment during installation and testing (including cold and hot testing) B The deductible shall not exceed $25,000 and shall be the responsibility of the Contractor for all covered perils within the required policy Solicitation #B2400113 Page 19 C For all general, liability, excess/umbrella 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 ' D Proof of Insurance Contractor shall provide to County a certificate of insurance, a policy, or other proof of insurance as determined in County's sole discretion Contractor shall provide a certificate of insurance naming Weld County, Colorado, its elected officials, and its employees as an additional named insured E Subcontractor Insurance Contractor hereby warrants that all subcontractors providing services under this Agreement have or will have the above described insurance prior to the 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 F 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 G Certification of Compliance with Insurance Requirements The Contractor stipulates that it has met the insurance requirements identified herein The Contractor shall be responsible for the professional quality, technical accuracy, and quantity of all services provided, the timely delivery of said services, and the coordination of all services rendered by the Contractor and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies , 14 Indemnity The Contractor shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against any and all injury, loss, damage, liability, suits, ' actions, claims, or willful acts or omissions of any type or character arising out of the Work done in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising or recovered under workers' compensation law or arising out of the failure of the Contractor to conform to any statutes, ordinances, regulation, judicial decision, or other law or court decree The Contractor shall be fully responsible and liable for any and all injuries or damage received orsustained 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 It is agreed that the Contractor will be responsible for primary loss investigation, defense and judgment costs where this contract of indemnity applies In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers for losses arising from the work performed by the Contractor for the County A failure to comply with this provision shall result in County's right to immediately terminate this Agreement Solicitation #B2400113 Page 20 15 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 16 Examination of Records To the extent required by law, the Contractor agrees that any duly authorized representative of County, including the County Auditor, shall have access to and the right to examine and audit any books, documents, papers and records of Contractor, involving all matters and/or transactions related to this Agreement The Contractor agrees to maintain these documents for three years from the date of the last payment received 17 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 18 Notices County may designate, prior to commencement of work, its project representative ("County Representative") who shall make, within the 'scope of his or her authority, all necessary and proper decisions with reference to the project All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to County Representative All notices or other communications made by one party to the other concerning the terms and conditions of this contract shall be deemed delivered under the following circumstances a) personal service by a reputable courier service requiring signature for receipt, or b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a party at the address set forth in this contract, or c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment is required by the sending party, or Either party may change its notice address(es) by written notice to the other Notice shall be sent to Contractor Name Position Address Address , E-mail Phone County Position Solicitation #B2400113 Page 21 Address: Address: E-mail: Phone: [Insert] [Insert] [Insert] [Insert] 19. 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. 20. 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. 21. 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. 22. 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. 23. Employee Financial Interest/Conflict of Interest - C.R.S. §§24-18-201 et seq. and §24-50- 507. The signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. 24. Survival of Termination. The obligations of the parties under this Agreement that by their nature would continue beyond expiration or termination of this Agreement (including without limitation, the warranties, indemnification obligations, confidentiality, and record keeping) shall survive any such expiration or termination. 25. 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. 26. Governmental Immunity. No term or condition of this Agreement 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. 27. 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 Solicitation #B2400113 Page 22 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 28 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 29 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, Contractor agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said dispute 30 Public Contracts for Services Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement Contractor 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 Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify with Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement Contractor shall not use E -Verify Program or State of Colorado program procedures to undertake pre -employment screening or job applicants while this Agreement is being performed If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall notify the subcontractor and County within three (3) days that Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving notice Contractor shall not terminate the contract if within three days the subcontractor ' provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien Contractor shall comply with reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment Contractor shall, within twenty days after hiring a new employee to perform work under the contract, affirm that Contractor has examined the legal work status of such employee, retained file copies of the documents, and not altered or falsified the identification documents for such employees Contractor shall deliver to County, a written notarized affirmation that it has examined the legal work status of such employee and shall comply with all the other requirements of federal or state law If Contractor fails to comply with any requirement of this provision, County, may terminate this Agreement for breach, and if so terminated, Contractor shall be liable for actual and consequential damages 31 Except where exempted by federal law and except as provided in C R S. § 24-76 5- 103(3), if Contractor receives federal or state funds under the contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States, if such individual applies for public benefits provided under the contract If Contractor 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 federal or state law, and (c) shall produce one of the forms of identification required by federal law prior to the effective date of the contract Solicitation #B2400113 Page 23 32. Public Contracts for Services C.R.S. §8-17-101. For public contracts in excess of $500,000 annually, or for public contracts for road or bridge construction in excess of $50,000, Contractor certifies, warrants, and agrees that Colorado labor shall be employed to perform at least eighty percent of the work under this Contract. "Colorado labor" means any person who is a resident of the state of Colorado at the time of the public works project, who can provide a valid Colorado driver's license, a valid Colorado state -issued photo identification, or documentation that he or she has resided in Colorado for the last thirty days. The County, in its sole discretion, may waive the eighty percent requirement if there is reasonable evidence to demonstrate insufficient Colorado labor is available to perform the work, and this requirement would create an undue burden that would substantially prevent the work from proceeding to completion. [This section shall not apply to any project which is funded in whole or in part with federal funds, or where otherwise contrary to federal law. In accordance with C.R.S. §8-17-107 and 2 C.F.R. §200.319(c), this section shall not apply if the Work is funded wholly or in part with federal funds.] 33. Attorney's Fees/Legal Costs. In the event of a dispute between County and Contractor, 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. 34. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be null and void. 35. Acknowledgment. County and Contractor acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached Exhibits A and B, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. CONTRACTOR: By: Name: Title. WELD COUNTY: ATTEST: Weld County Clerk to the Board BY: Date of Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the Board [Insert Name], Chair Solicitation #B2400113 Page 24 Exhibit B bids From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Stephanie Smith <stephanie.smith@ontivity.com> Tuesday, August 13, 2024 8:37 AM bids Dan Hancock; Jeff Reynolds BID RESPONSE - Bid B2400113 Galeton Grader Shed -Backup Generator Bid B2400113 Galeton Grader Shed -Backup Generator - signed.pdf Follow up Flagged Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. I hereby waive my right to a sealed bid. Good morning, On behalf of the EasTex Tower team, thank you for this opportunity Thank you, Stephanie Smith Proposal Manager EasTex Tower, LLC 7345 Templeton Gap Road Colorado Springs, CO 80923 0: 719-632-8822 stephanieettower.com ettower.com ET TOWER a, ONTIVITYcomPany 1 ET TOWER an QNT1VUTYcompany August 12, 2024 Weld County Finance Department Finance Division 1301 North 17th Avenue Greeley, CO 80601 RE: IFB Bid Number B2400113 — Galeton Grader Shed -Backup Generator Dear Weld County. We appreciate the opportunity to submit our information in the Galeton Grader Shed - Backup Generator bid. EasTex Tower, LLC, also known as ET Tower, was established in 1983 and has since accomplished numerous projects described in this IFB. As a result, we are fully capable of meeting and exceeding expectations for these projects. ET Tower is a full turnkey communications provider, able to complete all aspects of tower construction, installation, and maintenance. Our qualifications are listed below. Construction and installation: • Site and civil work including road and site construction. fencing and compound installation • Tower foundation and upgrades • Shelter foundation • Shelter installation • Site grounding • Generator installation • Generator commissioning • AC electrical installation • DC electrical installation • Microwave radio installation and testing • Tower erection for all tower types • Tower structure upgrades • Cellular/PCS antenna installation and testing • Coaxial. heliax, waveguide, fiber-optic, Cats cable installation and testing • Tower light systems installation • Tower/site mapping, surveys and inspections • Tower structural analysis • Professional site development, including all permitting 7345 Templeton Gap Rd - Colorado Springs, CO 80923 3537 Gum Springs Rd — Longview, TX 75602 19146 Hwy 190 - Hammond, LA 70401 14834 Bristol Park Blvd - Edmond, OK 73013 E T TOWER an NTIVITYoompany Maintenance: • AC electrical troubleshoot and repair • DC electrical troubleshoot and repair • Grounding testing, repair/replace • Site compound and road repair • Fence repair/replace • Antenna testing, troubleshoot, repair/replace • All communication cabling troubleshoot and repair • Tower light systems troubleshoot and repair • Shelter maintenance and repair • Tower maintenance: re -plumb, re -tension • Radio troubleshoot and repair ET Tower is a founding member of the National Association of Tower Erectors (NATE). Our safety program and substance abuse policies meet or exceed industry requirements. Our safety directors have completed the OSHA 30 -hour course and Advanced Tower Climbing Safety and Rescue. Our Tower Technicians are qualified competent climbers (per OSHA standards), have completed tower climbing and rescue training, OSHA 10 -hour course, CPR, first aid and received further related certifications. Various members of our field personnel have additionally received Alcatel's ELITE Radio and Antenna and Line certifications. Our single point of contact, or POO, is our Senior Project Manager, Dan Hancock. He will be working directly with Weld County to accomplish this installation. He is in our Colorado Springs office and is available Monday through Friday 8am-5pm. His contact information is below. Daniel Hancock Senior Project Manager ET TOWER 7345 Templeton Gap Road Colorado Springs, CO 80923 O: 719-632-8822 I M: 719-900-8329 dhancock@ettower.com ettower.com Please consider the Estimate in the following pages to be our knowledge of the scope of work as described in Schedule B of the IFB as well as a loose project schedule and timeline. The project schedule will be subject to change based on contract award and execution, and a more descriptive and precise schedule can be provided as soon as an order is placed with our suppliers. 7345 Templeton Gap Rd - Colorado Springs, CO 80923 3537 Gum Springs Rd - Longview, TX 75602 19146 Hwy 190 - Hammond, LA 70401 14834 Bristol Park Blvd - Edmond, OK 73013 ET TOWER an ONTIVITYcompany As a team, we are a well -established, qualified, safety -oriented company that looks forward to fulfilling the challenge of completing the task required at hand. Please take into consideration our reputation for successfully completing projects on schedule, within budget, and most importantly in a safe manner. Warmest Regards, Jef fds (Aug 13, 2024 08:27 MDT) Jeff Reynolds Vice President — Operations ET Tower 719-632-8822 www . ettowe r. co m 7345 Templeton Gap Rd - Colorado Springs, CO 80923 3537 Gum Springs Rd - Longview, TX 75602 19146 Hwy 190 - Hammond, LA 70401 14834 Bristol ark Blvd - Edmond, OK 73013 Schedule D - Bid Form Bid Submittal Instructions The following items must be completed and submitted with your bid on or before the bid opening deadline of 10:00 am on August 13, 2024: 1) Schedule B- Scope of Work 2) Schedule D — Bid Form 3) W9, if applicable.* 4) Any potential or future Addenda must be completed/acknowledged. 5) All other items as requested in the Bid Specifications and/or Scope of Work. *A current W9 is required for new bidders. If you have previously worked with Weld County, only provide your W9 if there has been a change. 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 in the space below: Insert pricing model and fees that are tailored to this solicitation: Item Price ELECTRICAL W/LABOR $ 22,403.75 $ 65,086.25 GENERATOR COST CONCRETE/EXCAVATION COST , $ 50,950.00 Total Lump Sum Cost $ 138440.00 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 Bid for Request No. #B2400113. 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 of Schedule E -- Insurance and Bond 5. Acknowledgment of Schedule F — Weld County Contract 6. 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. 7. 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 bids) may be awarded to more than one vendor. Solicitation #B2400113 Page 8 Attestation Item Entry EasTex Tower, LLC Company Name: Address: 7 7345 Templeton Gap Rd, Colorado Springs, CO 80923 Phone 719-900-8329 Email: DHancock@ettower.com 56-2585395 FEIN/Federal Tax ID #: CONTRACTOR: By: Jo ri - yr. Ids (Aug 13, 2024 08:27 MDT) Name: Jeffrey Reynolds Title: Vice President of Operations Aug 13, 2024 Date of Signature Solicitation #B2400113 Page 9 7345 Templeton Gap Road Colorado Springs, CO 80923 3537 Gum Springs Rd. Longview, TX. 75602 Weld County 1301 North 17th Avenue Greeley, CO 80631 LT TOWER Thank you for the opportunity to quote the following. Quote shall remain valid for 30 days. Date: Quote : 08/13/24 DH072324-1 Site Name: Galeton Grader Shed Location: 24980 WCR 74 Galeton, CO Terms: Prepared by: NET 30 DH LABOR Electrical Crew Mobilization $ 1, 050.00 Set new generator on pad _ $ 1,050.00 Install ATS S 2,100.00 Install MTS _ _ $ 2,100.00 Install conduit between transfer switch to generator 1 $ 2,520.00 Pull wire and hook up generator E $ 3,150.00 Return trip for gen start up $ 1,260.00 LABOR TOTALS: . $ 13,230.00 MATERIALS Qty. Cost Each Generac 50kW Generator - Includes ATS and MTS (8-14 weeks Lead time) i 1 65086.25 $ 65,086.25 Electrical Materials 1 3750.00 3,750.00 Fuel 200 7.50 $ 1,500.00 Permit Fees 1 375.00 $ 375.00 MATERIALS TOTALS: $ 70,711.25 1 SUBCONTRACTED WORK Gen foundation and CMU wall 1 39981.25 $ 39,981.25 Compound gate 1 6593.75 $ 6,593.75 3rd Party Testing 1 4375.00 $ 4,375.00 Payment andperformance Y bonds 1 + 2146.25 5 2,146.25 • $ 53,096.25 SUBCONTRACTOR TOTALS: , RENTAL EQUIPMENT 1 6k Telehandler 2 545.00 $ 1,090.00 Pick up and delivery rY a. 2 156.25 $ 312.50 RENTAL TOTALS: $ 1,402.50 Contract Sub -Totals 5 138,440.00 $ 138,440.00 CONTRACT TOTALS i _ All additional work will be billed per rate sheet.Taxes to be billed as actual. Site must be accessible by a 4 -wheel drive vehicle under its own power. i Phone: 903-234-9370 Website: www.ettower.com Formwag (Rev. March 2024) Department of the Treasury Internal Revenue Service Request for Taxpayer identification Number and Certification Go to www.irs.gov/FormW9 for Instructions and the latest information. Give form to the requester. Do not send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. m co a 0 m c CL 0 C a Z.C a-£ (/) m 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter the business/disregarded entity's name on line 2.) EasTex Tower LLC 2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the fcliowing seven boxes. ■ individual/sole proprietor C corporation S corporation Partnership II Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partrership) . P Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. Other (see instructions) 3b if on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . 5 Addis (number, street, and apt. or suite no.). See instructions. 7345 Templeton Gap Road 6 City, state, and ZIP code Colorado Springs, CO 80923 4 Exemptions (codes apply only to certain entities, not Individuals; see instructions on page 3): Exempt payee code (if any) Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any) (Applies to accounts maintained outside the United States.) Requester's name and address (optional) 7 List account numbers) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity. see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, tater. Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. Part 11 Social security number i or I Employe: Identification number Certification 5 8 5 5 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or i am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that i am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (1RA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part H, later. Sign Here ISignature of ate „t U.S. person ►11 1014A h14_107 General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. Dote r I r 1 1 d &t New line 3b has been added to this form. A flow -through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow -through entity in which it has an ownership interest. This change is intended to provide a flow -through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) Addendum # 1 Bid Request Number B2400113 Galeton Grader Shed Backup Generator Currently Reads: Bidnet states that prebid conference on July 23, 2024 10:00 PM MDT Change: Change to read: prebid conference on July 2312024 10:00 AM MDT Addendum Acknowledgement ***A signed copy must be submitted with your bid. Thank you!*** Company Name: EasTex Tower, LLC 08/12/2024 Date of Signature Signature: y!.E xlds fA g 13.2024 08:27 MDT) Name: Jeff Reynolds Title: Vice President of Operations August 12, 2024 [Click to Update] SD050 I 3.3L I 50 kW INDUSTRIAL DIESEL GENERATOR SET EPA Certified Stationary Emergency GENERAL' INDUSTRIAL P C'.,'.► E c Standby Power Rating 50 kW; 63 kVA, 60 Hz Prime Power Rating 45 kW, 56 kVA, 60 Hz • Wended ,n the (CIA tali Aun aee and la fir Dart *EPA Certified Prime ratings are not available in the US or its Territories Image used for illustration purposes only Codes and Standards Not all codes and standards apply to all configurations. Contact factory for details. U L2200, UL6200, UL1236, UL489, U L142 SA 54 CSA C22.2, ULC S601 DIN [713 NFPA BS5514 and DIN 6271 SAE J1349 N FPA 37, 70, 99, 110 N EC700, 701, 702, 708 Fjer NEMA1CS10, MG1, 250, ICS6,AB1 ■fr•.ruSn 4..-.,. Ce c r sa#rnt fn3tmrte •a writ ANSI C62.41 IBC 2009, CBC 2010, IBC 2012, osbpd ASCE 7-05, ASCE 7-10, ICC-ES AC - 156 (2012) Powering Ahead For over 60 years, Generac has provided innovative design and superior manufacturing. Generac ensures superior quality by designing and manufacturing most of its generator components, including alternators, enclosures and base tanks, control systems, and communications software. Generac gensets utilize a wide variety of options, configurations, and arrangements, allowing us to meet the standby power needs of practically every application. Generac searched globally to ensure the most reliable engines power our generators. We choose only engines that have already been proven in heavy-duty industrial applications under adverse conditions. Generac is committed to ensuring our customers' service support continues after their generator purchase. SPEC SHEET 1 o16 SO050 3.3L I 50 kW INDUSTRIAL DIESEL GENERATOR SET EPA Certified Stationary Emergency STANDARD FEATURES GENERAL INDUSTRIAL ENGINE SYSTEM • Oil Drain Extension • Air Cleaner • Level 1 Fan and Belt Guards (Open Set Only) • Stainless Steel Flexible Exhaust Connection • Factory Filled Oil and Coolant • Radiator Duct Adapter (Open Set Only) • Critical Exhaust Silencer (Enclosed Units Only) FUEL SYSTEM • Fuel Lockoft Solenoid • Primary Fuel Filter COOLING SYSTEM • Closed Coolant Recovery System • UV/Ozone Resistant Hoses • Factory -Installed Radiator • Radiator Drain Extension • 50/50 Ethylene Glycol Antifreeze • 120 VAC Coolant Heater ELECTRICAL SYSTEM • Battery Charging Alternator • Battery Cables • Battery Tray • Rubber -Booted Engine Electrical Connections • Solenoid Activated Starter Motor ALTERNATOR SYSTEM • UL2200 GENprotect TM • 12 Leads (3 -Phase, Non 600V) • Class H Insulation Material • Vented Rotor • 2/3 Pitch • Skewed Stator • Auxiliary Voltage Regulator Power Winding • Brushless Excitation • Sealed Bearing • Automated Manufacturing (Winding, Insertion, Lacing, Varnishing) • Rotor Dynamically Spin Balanced • Amortisseur Winding • Full Load Capacity Alternator • Protective Thermal Switch GENERATOR SET • Internal Genset Vibration Isolation • Separation of Circuits - High/Low Voltage • Separation of Circuits - Multiple Breakers • Wrapped Exhaust Piping • Standard Factory Testing • 2 Year Limited Warranty (Standby Rated Units) • Silencer Mounted in the Discharge Hood (Enclosed Units Only) • Silencer of Heat Shield ENCLOSURE (If Selected) • Rust -Proof Fasteners with Nylon Washers to Protect Finish • High Performance Sound -Absorbing Material (Sound Attenuated Enclosures) • Gasketed Doors • Upward Facing Discharge Hoods (Radiator and Exhaust) • Stainless Steel Lift Off Door Hinges • Stainless Steel Lockable Handles • RhinoCoat'" - Textured Polyester Powder Coat Paint FUEL TANKS (It Selected) • UL 142/ULC S601 • Double Wall Construction • Vents • Sloped Top • Sloped Bottom • Factory Pressure Tested (2 psi) • Rupture Basin Alarm • Electronic and Visual Fuel Level Indication • Check Valve In Supply and Return Lines • RhinoCoat`"- Textured Polyester Powder Coat Paint • Stainless Steel Hardware CONTROL SYSTEM Power Zone® 410 Controller Features • Programmable Auto Crank • Selectable Low Speed Exercise • RS -232 x2 • RS -485 x2 • All -Phase Sensing Digital Voltage Regulator • On/Off/Manual Switch • Not in Auto (Flasning Light) • Emergency Stop • Modbus® RTU • CANbus • Full Range Standby Operation • Power Factor • Ruptured Tank Detection • Auxiliary Shutdown Switch • Remote Communications • NFPA110 Module Included (Key Switch, Alarm, E - Stop) • 12T Function for Full Generator Protection (Contact Factory) Full System Status Display • Multilingual 128x64 Graphical Display with Heater • Easy Status View LED Screen • 3 -Phase AC Volts • 3 -Phase Amps • kW • Line Power/Gen Power • Time • Date • Run Hours • Service Reminders • Fault History (Alarm Log,' • Oil Pressure • Oil Temperature Indication and Alarm • Output for Fuel Level High/Low Warning • Water Temperature • Water Level • Fuel Pressure/Level • Engine Speed • Battery Voltage • Alternator Frequency Alarms and Warnings • Common Alarm Output • Audible Alarm and Silence i SPEC SHEET 2 of 6 SD050 I 3.3L 1 50 kW INDUSTRIAL DIESEL GENERATOR SET EPA Certified Stationary Emergency CONFIGURABLE OPTIONS GENERAL' INDUSTRIAL -." a.r 4 1 �.. ENGINE SYSTEM o Oil Make -Up System o DII Heater o Industrial Exhaust Silencer (Open Set) o Two -Stage Air Cleaner FUEL SYSTEM o Flexible Fuel Lines o Primary Fuel Filter ELECTRICAL SYSTEM o 10A UL Listed Battery Charger o Battery Warmer ALTERNATOR SYSTEM o Alternator Upsizing o Anti -Condensation Heater o Tropical Coating o Permanent Magnet Excitation GENERATOR SET o Extended Factory Testing (3 -Phase Only) o 8 Position Load Center ENGINEERED OPTIONS CIRCUIT BREAKER OPTIONS o Main Line Circuit Breaker 0 2nd Main Line Circuit Breaker o Shunt Trip and Auxiliary Contact o Electronic Trip Breakers ENCLOSURE o Level 0 Weather Protected Enclosure o Level 1 Sound Attenuated o Level 2 Sound Attenuated o Level 2 Sound Attenuated with Motorized Dampers o Steel Enclosure o Aluminum Enclosure o Up to 200 MPH Wind Load Rating (Contact Factory for Availability) o AC/DC Enclosure Lighting Kit o Door Open Alarm Switch o Enclosure Heater (with Motorized Dampers Only) WARRANTY (Standby Gensets Only) o 2 Year Extended Limited Warranty O 5 Year Limited Warranty o 5 Year Extended Limited Warranty o 7 Year Extended Limited Warranty o 10 Year Extended Limited Warranty CONTROL SYSTEM o NFPA 110 Compliant 21 -Light Remote Annunciator o Remote Relay Assembly (8 or 16) o Oil Temperature Sender with Alarm o Remote E -Stop (Break Glass -Type, Surface Mount) o Remote E -Stop (Red Musnroom-Type, Surface Mount) o Remote E -Stop (Red Mushroom -Type, Flush Mount) o Remote Communication - Modem O 10A Engine Run Relay o Ground Fault Annunciator FUEL TANKS (Size On Last Page) o Electric Fuel Level o Mechanical Fuel Level o 8 in (203.2 mm) Fill Extension o 13 in (330.2 mm) Fill Extension o 19 in (482.6 mm) Fill Extension ENGINE SYSTEM o Coolant Heater Ball Valves o Fluid Containment Pan o Block Heaters CONTROL SYSTEM o spare Inputs (x4) / Outputs (x4) o Battery Disconnect Switch ALTERNATOR SYSTEM O 3rd Breaker System GENERATOR SET o Special Testing o IBC Seismic Certification FUEL TANKS O Overfill Protection Valve o UL2085 Tank o Stainless Steel Tanks o Special Fuel Tanks (MIDEQ and FL DEP/DERM, etc.) o Vent Extensions SPEC SHEET 3 016 SD050 I 3.31 1 50 kW INDUSTRIAL DIESEL GENERATOR SET EPA Certified Stationary Emergency APPLICATION AND ENGINEERING DATA GENERAL INDUSTRIAL ENGINE SPECIFICATIONS General Make Mitsubishi Cylinder # 4 Type In -Line Displacement - in (L) 203.3 (3.331) Bore - in (mm) 3.7 (94) Stroke - in (mm) 4.72 (120) Compression Ratio 19:1 Intake Air Method Tsui bocharged;Aftercooled Cylinder Head Cast Iron Ignition CI Piston Type Aluminum Engine Governing Governor Elect,onic lsochronous Frequency Regulation iSteady State) ±0.25% Lubrication System Oil Pump Type Gear Oil Filte, Type Full Flow Cartridge Crankcase Capacity - qt (L) ;1.2(105, Cooling System Cooling System Type Closed Recovery Fan Type Pusher Fan Speed - RPM 2.340 Fan Diameter - in (mm) Fuel System Fuel Type 20 (508) Ultra Low Sulfur Diesel Fuel #2 Fuel Filtering (Microns) 10 Primary and 2 Secondary Fuel Pump Type In -Line Injector Type Mechanical Fuel Supply Line - in (mm) 0.31 (7.941 NPT uel Return Line - in (mm) Engine Electrical System System Voltage 0.31 (7.941 NPT 12VDC Battery Charger Alternator 50 A Battery Size See Battery Index 0161970SBY Battery Voltage 12 VDC Ground Polarity Negative ALTERNATOR SPECIFICATIONS Standard Model K0050124Y2 I Poles Field Type Revolving Insulation Class - Rotor H Insulation Class - Stator H Total Harmonic Distortion <5% (3 -Phase Only) Telephone Interference Factor (TIF) <50 Standard Excitation Synchronous Brushless Bearings Sealed Ball Coupling Direct via Flexible Disc Load Capacity - Standby 100% Prototype Short Circuit Test Yes Voltage Regulator Type Digital Number of Sensed Phases All Regulation Accuracy 'Steady State) "0.25% i SPEC SHEET 4 of& SD050 I 3.3L I 50 kW INDUSTRIAL DIESEL GENERATOR SET EPA Certified Stationary Emergency OPERATING DATA GENERAL' INDUSTRIAL POWER RATINGS Standby Single -Phase 120/240 VAC @1.0pf 50 kW/50 kVA Amps: 208 Three -Phase 120/208 VAC @ 0.8pf 50 kW/63 kVA Amps: 174 Three -Phase 120/240 VAC @0.8pf 50 klltl!63 kVA Amps: 151 Three -Phase 277:480 VAC @0.8pf 50 kW/63 kVA Amps: 75 Three -Phase 34/600 VAC @0.8pf 50 kW/63 kVA Amps: 60 MOTOR STARTING CAPABILITIES (sKVA) skVA vs. Voltage Dip 120/240 VAC 10 30% 277/480 VAC 30 30% 208/240 VAC 30 30% A0050044N21 31 K0050124Y21 98 K0050124Y21 75 A0060044N21 40 K0060124Y21 124 K0060124Y21 95 FUEL CONSUMPTION RATES* Fuel Pump Lift - ft (m) 4.5 (1.4) Total Fuel Pump Flow (Combustion + Return) - gph (Lph) 3.57 (13.51) Diesel - gph (Lph) Percent Load Standby 25% 1.2 (4.5) 50% 2.3 (8.7) 75% 3.4 (12.9) 100% 4.5 (17.0) ve Fuel supply installation must accommodate fuel consumption -1'es at 100% load. COOLING Standby Air Flow (Fan Air Flow Across Radiator) - Open Set cfm (m3'hr) 2,500 (70.8) Coolant Flow gpm (Lpm) 34.0 (128.7) Coolant System Capacity gal 'L) 3.0 ;11.41 Maximum Operating Ambient Temperature (--C) 122 (50} Maximum Operating Ambient Temperature (Before Derate) See Bulletin No. 0199270SSO Maximum Additional Radiator Backpressure in H2O (kPa) 0.5 (0.1) COMBUSTION AIR REQUIREMENTS Standby Flow at Rated Power - cfm (m3e'rnin) 90 (2.5) ENGINE EXHAUST Standby Standby Rated Engine Speed RPM Horsepo.ver at Rated kV:* hp 1.800 Exhaust Flow (Rated Output) cfm (m3/min) 230 (6.5) 85 Maximum Allowable Backpressure (Post Silencer) inHg (kPa) 1.5 (5.1) Piston Speed ft/min (m/mina 1,416 (431.6) BMEP psi (kPa) 118 (811) Exhaust Temperature (Rated Output) (`C) 900 (482') ** Refer to "Emissions Data Sheet" for maximum bHP for EPA and SCAQMD permitting purposes. Deration — Operational characteristics consider maximum ambient conditions. Derate factors may apply under atypical site conditions, Please contact a Generac Power Systems Industrial Dealer for additional details. All performance ratings in accordance with IS03046, BS5514, IS08528, and DIN6271 standards. Standby - See Bulletin 0187500SSB i SPEC SHEET 5o16 SD050 3.3L I 50 kW INDUSTRIAL DIESEL GENERATOR SET EPA Certified Stationary Emergency DIMENSIONS AND WEIGHTS* GENERAC I INDUSTRIAL i- ran en at E fr sa .:.I a at 1 WS c ra • • Oct.. . ., 4 _ l 2 BIS J 4 H H • e . OPEN SET Run Time - Houis Usable Capacity • LxWxH-to slum) Weight - Its ckg) Ne Tank - 76.0 ;1.9301 x 37.4 (950! x 45.2 (1,148) 1,765 - 1.338 ;801 - 8341 12 54 (204) 75.0 0,930) x 37.4 (950)x 58.2 ;1.478) 2 254 - 2,327 (1.019 -1,052) 29 132 ,50Ci) 75,0 ;1,930! x 37 4 (950) x 70.2 (1./83) ?.875 - 2.548'1.1'3- 1,153) 42 190 f719) 106 0 (2,'392) x 37.4 i950.) x 71.2 ' 1.309) 9,389 - 2,7624:1221 -1.25 4) 4E 211 79 9) 76.0 (1,930) x 37 4 (950) x 82 2 12,088) 2,584 - 2,757'1.218 - 1.2511 56 300 (1,136) 92.9'2.3601 x 37.4 (950) x 35.7 (2,177) 9,747 - 2.320 (1.246 - 1,279) 155 510 (193Ui 192 514.3901.< 84.3f2.155) x 82?i2,083) 3045.1 - 3173 1 ( 1381 5 -1439.5) WEATHER PROTECTED ENCLOSURE Run Time - Hours L:<WN.xH-In rim) Weight - lbs :kg) Enclosure Only Steel Aluminum Tanx 94 3 t2,4082 x 33.0 965) x 49.3 (1,257) 12 54 :204) 94,3 '2.48) x 38.0 '965, x 52 5 11 588) 1.):7 94.9 12 406► x 36 0 1965, :< 74.5 :1.392) I -'"' 71 An 2 6921 x 38.0 :965; x'5.5 11 91 7) 3., ,:c 32.2 I . ' r "rev 406. i 3d.3.1 . /.. 1_. r05'71 LEVEL 1 SOUND ATTENUATED ENCLOSURE Ran Tame - -tout 54 t2O .x1.x•h rnimm) 448 i 203 lY ) \''height - its i kg; Enclosure Only Steel �Itiiu:i rank 112.5 22.3r 581 { 38.0 29651 :c 49.5 :1 25 7., ) 7.i i9 132 (50,0: ( 33,0 .9h.1) S • J i 69%_ 11 71'9 1 ), ,{ 75, 3 ,1.717, Diu 1 -.-:,o5:..: I. ;(86.3'2,197) � /. 1 T n. - n n � .. n ♦ P. w 1 3. 119,S ;2,3531 x 38.0 0953, i 9:.. "2,29 • 1 r I- -)I .435.4 (2 '731.48165-J•? 1 LEVEL 2 SOUND ATTENUATED ENCLOSURE ---4rJUrs L ( '1./ x h - one -1) Weight - lbs tkg) Enclosure Only Steel Alumrwrn No Tank LsW LL -4,2i, [r 94 8 .2.408! x 38.0 '9651 x 74 9' 1 903 29 132 ;50102 94.3 i2,4C8, x 338 0 '965)x 36.9 _ +i JC 1 .VI' 7221, 45 211 •,139I 115 ;9,4C:8) < 38.0 /9551x 93.9 l.2.5121 301 •. • `c, 94.3 •_.1 5:6 4:1930i 211.345.368i x 35.4. s I:c x 2 _ * All measurements are approximate and for estimation purposes only. Specification characteristics may change without notice. Please contact a Generac Power Systems Industrial Dealer for detailed installation drawings. Generac Power Systems, Inc. I P.O. Box 8 I Waukesha, WI 53189 P: (262) 544-4811 ©2023 Generac Power Systems, Inc. All rights reserved. All specifications are subject to change without notice. Part No. A0003331400 Rev. B 12/01/2023 i SPEC SHEET 6 of 6 TX611 Series Transfer Switch 100 — 400 Amps Contactor Type • Open and Delayed Transition GENERAL' INDUSTRIAL • Automatic Transfer Switch • 100 — 400 Al up to 480 VAC, 60 Hz • Single or Three Phase • 2, 3, or 4 Poles • UL Type 1 or Type 3R Enclosure • Open and lnphase or Open with Delayed Transition • ETLus and cETLus • 3 Cycle Rated for Easy Upstream Breaker Coordination Image used for dlustration purposes only Codes and Standards ETLus and cETLus Listed to UL 1008 NFPA 70, 99, 110 NFPA NEC 700, 701, 702, 708 OSHPD and Seismic Certified CBC 2019, CBC 2016, IBC 2018, IBC 2015, O51 pd IBC 2012, IBC 2009: ASCE 7-10, ASCE 7-16, ICC-ES AC -156 *Patent Number: US 11,227,728 B2 Description Generac's patented* contactor is featured in the TX contactor type transfer switch, which is a double -throw robust switch construction with inherent interlocks for safe positive transfer between power sources. Featuring a transition time of less than 20 milliseconds, this high speed transfer is ideal for all applications, including motor load applications. The contacts are silver composite for long life, resisting pitting or burning. The switches are rated for full load transfers in mission critical, emergency, legally required, and optional power systems. The microprocessor based controller provides the customers with the flexibility to program a comprehensive group of set points to match the application needs. The controller has two programmable inputs and one programmable output as standard and is available with optional expansion boards for up to four programmable inputs and outputs. The LCD displays real time and historical information with time -stamped events. The integrated plant exerciser can be configured in off, daily, day of week, biweekly, and monthly intervals with user selectable run time. Standard features of the controller include three phase sensing on both sources, phase unbalance, phase reversal, load shed, emergency inhibit, and communications. TX611 SERIES 1 ot3 TX611 Series Transfer Switch 100 — 400 Amps Contactor Type - Open and Delayed Transition STANDARD FEATURES GENERAL' INDUSTRIAL -S. 0,0 GENERAL • Small Footprint, Results in Easy Mounting and Installation for Reduced Time and Costs • Cable Entry is Top or Bottom • Double -Throw, Stored Energy Transfer Mechanism • Can be Electrically Isolated while Energized • Graphical LCD -Based Display for Programming, System Diagnostics and Help Menu Display Mimic • Diagram with Source Available and Connected LED Indicator • Method of Transfer: Open with lnphase Transition • Mechanically Interlocked to Prevent Connection of Both Sources • Modbus'p RTU • TXC 100 Controller • Operating Temperature -4 ° to 158 °F (-20 ' to 70 °C) • Removable Top and Bottom Plates for Ease of Entry • Voltage Agnostic" • High Withstand and Closing Ratings • Heater Kit Standard on All 3R Enclosures • Auxiliary Output Includes: Two Wire Start, Signal Before Transfer, Fault, and a Programmable Relay Output • Auxiliary Input Includes: Permissive Inputs (24 VDC) • General Alarm Indication • 2 Year Standard Warranty • IBC 2018, 2015, 2012, 2009 VOLTAGE AND FREQUENCY SENSING • Three Phase Under and Over Voltage Sensing on Normal and Emergency Sources • Under and Over Frequency Sensing on Normal and Emergency • Selectable Settings: Single or Three Phase Voltage • Sensing on Normal, Emergency and Load 60 Hz • Phase Sequence Sensing for Phase Sensitive Loads Start Circuit • 2 -Wire Start • 3 -Wire Start From C Contact for Circuit Monitoring Digital Outputs • Signal Before Transfer (Elevator) • General Alarm Digital Inputs • Emergency Inhibit (Permissive & Load Shed) • Go to Emergency (Demand Response) • Manual Generator Retransfer • 480 V 3 -Wire Systems Must be Specified at Time of Ordering for Transformer Kit to ne Included CONFIGURABLE OPTIONS • • • • • • CONTROLS • Front Programmable Control Reduces PPE Needs and Arc Flash Hazard • Built in Battery Backup - Increases Switch Reliability and Reduces Switch Transition Time to Alternate Source • Battery Backup Able to Power the Controller for up to 60 Minutes in the Event of No Source Availability Generator Battery Backup for Controller Accessible USB Port for Easy Data Downloads, Firmware Updates without Requiring PPE, Reducing the Risk of Arc Flash Ail Amp Nodes Offered with Delayed Transition Heater Programmable through Control for Desired Temperature and Humidity Settings Front Accessible Customer Connections Time -Stamped Event History Log Programmable Exerciser - Daily, Weekly, Bi-Weekly, Monthly • Chicago Code Kit • 3R Padlockable Cover for Controller (Standard on 3R Enclosure) • CTs for Integrated Metering • Heater Option for Temperature and Humidity Control (Standard on 3R) • Time Delay in Neutral Transition (TON), or lnphase with a Default to Time Delay in Neutral Transfer • Expandable Input/Output Board Module Includes: 4 Relay Outputs and 4 Optically Isolated Inputs • IBC Seismic Certified/Seismic Rated • 2 Year Extended Limited Warranty • 5 Year Basic Limited Warranty • 5 Year Extended Limited Warranty • 7 Year Extended Limited Warranty • 10 Year Extended Limited Warranty Engineered Options • Transient Voltage Surge Suppressor (TVSS) • NEMA 4X Stainless Steel (304 or 316) Enclosure • Manual Generator Retransfer Switch • Go to Emergency Switch Conversion Kits • 480 V Transformer Kit for 3 -Wire Systems • UL Type 1 to Type 3R Kit TX611 SERIES 2of3 3 TX611 Series Transfer Switch 100 — 400 Amps Contactor Type • Open and Delayed Transition UNIT DIMENSIONS* GENERAL' I INDUSTRIAL . 1. r rain Mk Oft psw AaII y • • • • 2 ff» Op►g41 o..Nvwa OW.* 4•• .- Contactor Type, Open and Delayed Transition, 100 — 400 A i in (mm) Cu/Al Ibs (kg) Description A (Height) B (Height) C (Whith) D (Depth) E (Din) F (Dim) G (Dim) H (Dim) J (Dim) K (Dim) I. (Dim) M (Dim) N (Dim) P (Dim) Normal 75 °C Wire Standby 7 ' ire Load 75 °C Aire Neutral Connection Ground Connection Weight g D0A NON SER 35.6 317 21.2 12.0 8.9 9.9 18.5 13.7 12.4 1.7 1.7 5.8 5.8 3.1 (1)2/0 -14 (1) 2/0 -14 (1) 2/0 -14 (5) 2/0 -14 (2)1/0 -14 105.6 TYPE 1 (903) (806) (538) (305) (226) (252) (471) (348) (315) (44) (44) (148) (148) (79) - (48) I ✓ 100ANON SER 35.6 31.7 21.2 13.9 8.9 9.9 18.5 133 12.4 1.? 1.7 5.8 5.8 3.1 (1) (1)2J0 -t4 (1) (5)210-14 (2) 110.0 TYPE 3R (903) (806) (538) (355) (226) (252) (471) (348) (315) (44) (44) (148) (148) (79) (50) 150A NON SER 35.6 31.7 21.2 12.0 9.3 10.3 18.1 13.7 12.4 1.7 1.7 6.0 6.0 3.3 (1) 250 - 6 (1) 250 - 6 (1) 250 - 6 (4) 350 - 6 (2) 250 - 6 116.6 TYPE 1 (903) (806) (538) (305) _ (236) (262) (460) (348) (315) (44) (44) (153) (153) (84) (53) 150A NON SER TYPE 3R 35.6 (903) 31.7 (806) 21.2 (538) 13.9 (355) 9.3 (236) 10.3 (262) 18.1 (460) 13.7 (348) 12.4 (315) 1.7 (44) 1.7 (44) 6.0 (153) 6.0 (153) 3.3 (84) (1) 250 - 6 (1) 250.6 (1) 250 - 6 (4) 350 - 6 (2 250 - 6 ) 121.0 (55) 200A NON SER 35.6 31.7 21.2 12.0 9.3 10.3 18.1 13.7 12.4 1.7 1.7 5.0 6.0 3.3 (1) 250 - 6 (1) 250 - 6 (1) 250 - 6 (4) 350 - 8 (2) 250 - 6 116.6 TYPE 1 (903) (806) (538) (305) (236) (262) (460) (348) (315) (44) (44) (153) (153) (84) - (53) 200A NON SER 35.6 31.7 21.2 13.9 9.3 10.3 111 117 12.4 1.7 1.7 6.0 6.0 3.3 (1) 250 - 6 (1) 250 - 6 (1) 250 - 6 (4) 350 - 6 (2) 250 - 6 121.0 TYPE 3R (903) (806) (538) (355) (236) (262) (460) (348) (315) (44) (44) (153) (153) (64) (55) 300A NON SER 51.4 47.5 24.2 12.0 9.7 11.5 20.3 14.8 13.1 2.3 2.3 6.5 6.5 3.3 (1) 600 -4 or (1)600-4 or (1) 600 -4 or (5) 600 MCM - 4 o (2) 250 - 6 1718 "TYPE 1 (1,305) (1.206) (614) (305) (246) (292) (516) (377) (311) (59) (59) (166) , (166) (64) (2) 250 -1/0 (2) 250 -1/0 (2) 250 -1/0 (10) 250 MCM -1/0 (79) 300A NON SER 51.4 47.5 24.2 13.9 9.7 11.5 • 20.3 14.8 13.1 2.3 2.3 6.5 6.5 3.3 (1) 600 -4 or (1)600-4or (1) 600 -4 or (5) 600 MCM - 4 a (2) 250 - 6 1712 'TYPE 3R (1,305) (1,206) (614) (355) (246) (292) (516) (377) (311) (59) (59) (166) (166) (84) (2) 250 -1/0 (2) 250 -1/0 (2) 250 -1/0 (10) 250 MCM -1/0 (81) 400A NON SER 51.4 47.5 24.2 12,0 9.7 11.5 20.3 14.8 13.1 2.3 2.3 6.5 6.5 3.3 (1)600 -4o(1)600 -40r (1)600 -4or (5) 600 MCM - 4 o (2) 250 - 6 1738 TYPE 1 (1.305) (1,206) (614) (305) (246) (292) (516) (377) (311) (59) (59) _ (166) (166) (64) (2) 250 -1/0 (2) 250 -1/0 (2) 250 -1/0 (10) 250 MCM -1/0 (79) 400ANONSER 51.4 47.5 24.2 13.9 9.7 11.5 20.3 14.8 13.1 2.3 2.3 6.5 6.5 3.3 (1)600-4or (1)600-4or (1)600-4or (5) 600 MCM - 4 or (2) 250 - 6 178.2 TYPE 3R (1,305) (1.206) (614) (355) (246) (292) (516) (377) (311) (59) _ (59) (166) (166) (84) (2) 250 -1/0 (2) 250 -1/0 (2) 250 -1/0 (10) 250 MCM -1/0 - (81) UL 1008 Withstand and Closing Ratings Ampere Rating Specific Breaker (kA)`* 3 -Cycle Rating (kA) Fuse Rating (Class J) Fuse Size Voltage 100 35 22 200 kA 200 A 480V 150 42 22 200 kA 200 A 480V 200 42 22 200 kA 200 A 480V 300 .. 65 35 200 kA 400 A 480V 400 65 35 200 kA _ 400 A 480V * All measurements are approximate and for estimation purposes only. Specification characteristics may change without notice. Please contact a Generac Power Systems Industrial Dealer for detailed installation drawings. ** See Specific Breaker List available on GENconnect. Generac Power Systems, Inc. I P.O. Box 8 I Waukesha, WI 53189 P: (262) 544-4811 ©2023 Generac Power Systems, Inc. All rights reserved. All specifications are subject to change without notice. Rev. E 04/21/2023 Part No. A0000528440 3of3 Connection Cabinets FFISC3 Series Foxfab POWER SOLUTIONS The FFIS-C3 Series instream load bank connection cabinet allows user to test primary generator and instantly dumps load bank connection in the event of a utility failure. Rental generator only now required for major generator rebuilds and service. Optional secondary generator connection ability complete with upstream interlock to satisfy NEC 700.3F. Assemblies are available with up to 1200A mains and are certified to cULus standards. •Y••••....••••• .•• IWI• • ••• a•••.11.•e..• •••�•e1.• ::• �i•neaten lu*••••• •.: .•••. •sin •••rill.••:• ••• •••1• •••e•••+ • • • Door c/w 3 Pt. 55 Pad -Lockable Handle • 5052 Aluminum Construction • Type 3R Weatherproof Enclosure • Fully Welded Construction • Wall -Mount Design • Certified to cULus Standards • Dead Front Cover • Main Breaker w/ Rotary Handle and Shunt Trip • Line Status Indicators, Selector Switch • Load Bank Auto Timer • Colour Coded Camlock Receptacles • Standard Mechanical Lugs Kit • Angled Camlock Plate for Secure Connection • Kirk Key Trap Door for Portable Generator Camlocks (Optional) • Bottom Cable Access Door • Stainless Steel Hinges with Removable Pins Max Ratings • 1200A • 600VAC Dimensions • 42"H x 30"W x 24"D (100 - 200A) • 60"H x 36"W x 24"D (400 - 800A) • 72"H x 36"W x 30"D (1200A) Rev 2.0 Foxfab Power Solutions Head Office: 2579 188 St, Surrey, BC Canada, V3Z 2A1 Toll Free: (877) 468-0305 Email: sales@foxfab.com Connection Cabinets FF15 C3 Series Foxfab POWER SOLUTIONS Application Diagram To Transfer Switch r I Optional HMI Transformer Power Supply Controller 2 Wire LV Control from GEN ` Basic Features i • Lugs FFIS-IN SERVICE LOAD BANK CONTROLLER Main Breaker with Rotary C Operator and Shunt Trip , WCamlocks 101 Camlocks Load Bank Rental , Gen a Optional 1. UL1773/1008 Generator Switchgear Compliant. 2. In line (parallel operation) without taking Generator out of service or need for back-up rental Generator. 3. Estimated switch out time 50mSec or less (3 cycles). 4. Integrated controller for Timed Generator Exercise Cycle. S. Type 3R Enclosure with lock out and dead front. Unit can be locked and will operate with human intervention. 6. No impact to existing distribution protection (self -protected) or system coordination. 7. Can be brought online to hot system without incident. 8. Backlit LCD Status display for trouble free operation and testing. 9. No requirement for KIRK key interlocking with upstream device (for load banking). 10. CSA or cULus Certification. Rev 2.0 Foxfab Power Solutions Head Office: 2579 188 St, Surrey, BC Canada, V3Z 2A1 Toll Free: (877) 468-0305 Email: sales@foxfab.com Connection Cabinets FFISC3 Series Foxfab POWER SOLUTIONS Sequence of Operation Sequence of Operation (Normal): 1. Vain Breaker OFF. System Cold, Camlocks terminated to Load Bank. 2. Generator Started Manually from Generator Panel (Optionally remote Foxfab Cabinet). 3. FF Main Breaker turned on. System powers up and status shown on controller (or optional HM1). 4. System Armed and Timed or Continuous test is selected. 5. Operator starts load test via "Start Load Test" PB. 6. Test runs until operator stops or unit times out (auto time mode). 7. Main Breakers is shut off and system is cold and test is complete (all power is removed). Sequence of Operation (Utility Fail or ATS switched): 1. Main Breaker OFF. System Cold, Camlocks terminated to Load Bank. 2. System senses "Gen Run" command and shunts Breaker. 3. Loadbank and Camlocks are unpowered and thus failsafe. 4. Above sequence also the same during mid -test. Vain Breaker disengaged instantly aria full generator output available to building. Sequence of Operation (Optional Rental Generator Connection): 1. Foxfab Main Breaker OFF. System Cold, Camlocks terminated to Rental Generator. 2. Connection to run circuit for Rental Generator. 3. Vain Generator Breaker locked off. 4. Selector switch turned to "Back -Up Power" mode. 5. Foxfab Main Breaker turned ON. Now back up system is ready when required. Options 1. Camlocks for Rental Generator c/w secondary hatch and kirk key interlock Z. Power Meter c/w CT's and shorting block 3. Grace Failsafe 3PH Power Indicator 4. User 6 Line HVI I c/w Real Time Clock 5. Strip Heater c/w Thermostat (remote powered) Rev 2.0 Foxfab Power Solutions Head Office: 2579 188 St, Surrey, BC Canada, V3Z 2A1 Toll Free: (877) 468-0305 Email: sales@foxfab.com Connection Cabinets FFIS-C3 Series Foxfab POWER SOLUTIONS Product Selector AMPS 100 200 400 500 800 1200 C.B. TRIP UNIT TM a THERMAL MAGNITIC LS • ELECTRONIC L5 LSI • ELECTRONIC 1St .LSG a ELECTRONIC LSG LSIG • ELECTRONIC LSIG KS • MOLDED CASE SWITCH FFIS - C3 -L IMP FFIS - C3 -1 800 - TM CONNECTION a LOAD BANK (OUTLET) GL • PORTABLE GENERATOR (INLET) & LOAD BANK (OUTLET) USA VOLTAGE CAMLOCK COLOUR GUIDE A B CNG U1 = 120/24OV f lPH • N • G) -_ _ W►IT . U2 3 24OV (3PH • G) U3 = 20SY/IZ0V (3Pm • N • G) •, - . i WNT U4 = 480Y/271V139 • ,N • G) ORG 'ORG�� YE: wilt it: USe48OV(3PH•G) CANADA VOLTAGE C1 = 110/24GV(1?M+N+GI C2 = Z40V (3PH + G) C3=208Y/120V(pm +N+G) C4 = 600Y/347V (3PH + N + G1 CS = 600V t3PH +G) CAMLOCK COLOUR GUIDE U3 ENCLOSURE CONSTRUCTION ALU = 5052 ALUMINUM 304 = 304 STAtNLESS STEEL 316 = 316 STAINLESS STEEL L OPP ALU VIP LA A25 PART MO. EX ACCESSORIES AXX = 400A CAMLOCK CABLE SET (XX = FT) AA = CAMLOCK SNAP COVERS AB = CUSTOM POWDER COAT COLOR AC= HEATER C/W STAT AO = GFCI RECEPTACLE AL = KEY INTERLOCK AF = TERMINAL STRIP AG = PHASE SEQUENCE MONITOR AH = POWER METER Al = MICRO -SWITCH AJ a LEG STAND SET BLANK = NONE LUG CONFIGURATIONS (PER POLE) AMPS OPTION LA OPTION LB OPTION LC 100A (1) 06 AWG • ISOMCM, (1) 112 GND (1) It4 AWG 60QMCM. (11 1110 GND 11) 300 - 800 MCM, (1 ► 02/O GND 200A (l1 d6 AWG - 2 0MCM, (1) $? GNNO (1)x4 AWG • &MACK11) 41/13 GND (1) 300 • BOO MCM, 11) M2/0 GND I 400A i2106 AWG • 250MCM, (2) 4? GND (1)114 AWG • 600X1,11) 41/0 GND (11300 • BOO MCM. (1) 112/0 GND 600A (2) *6 AWG • 2S0MCM, (2) 42 GND (2)14 AWG G00MCM, (2111/0 GND (1) 300 800 MCM. (1) 42/0 GND 800A (3) 04 AWG WRACK (3) *1/0 GND (2) 300 800 MCM, (2) 02/0 CND (2) 500 - 1000 MCM, (24 42/0 GND 1200A v(4) $4 AWG • 600m0,4,14111/0 GND _(3) 300 - 800 MCM, (3) *2/0 GND (3) S00 - 1000 MCM, (3) *2/0 GND "FOR CUSTOM LUG SIZES. SPECIFY WHEN PLACING ORDER Rev 2.0 Foxfab Power Solutions Head Office: 2579 188 St, Surrey, BC Canada, V3Z 2A1 Toll Free: (877) 468-0305 Email: sales@foxfab.com Weld County Bid Final Audit Report 2024-08-13 Created: 2024-08-13 By: Stephanie Smith (stephanie@ettower.com) Status: Signed Transaction ID: CBJCHBCAABAAeT_iJigRdkFekBMaWr7p6khugpgsyPrf "Weld County Bid" History t Document created by Stephanie Smith (stephanie@ettower.com) 2024-08-13 - 2:21:58 PM GMT E Document emailed to Jeff Reynolds (jeynolds@ettower.com) for signature 2024-08-13 - 2:23:21 PM GMT e Email viewed by Jeff Reynolds (jreynoids@ettower.com) 2024-08-13 - 2:26:50 PM GMT be Document e -signed by Jeff Reynolds (jreynolds@ettower.com) Signature Date: 2024-08-13 - 2:27:19 PM GMT - Time Source: server Agreement completed. 2024-08-13 - 2:27:19 PM GMT 111 Adobe Acrobat Sign GBEAN ACORO" `--- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIVYYY) 2/27/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Alliant Insurance Services, Inc. 1421 Hanz Dr New Braunfels, TX 78130 NAppMEACT Ally Denman (A/CNNo, Exp: (830) 387-7029 LAIC, No): s-eeREss: Allyson.Millard@alliant.com INSURER(S) AFFORDING COVERAGE NAIL 4 INSURER A:ACE Property & Casualty Insurance Company 20699 INSURED EastexTower, LLC 7345 Templeton Gap Rd. Colorado Springs, CO 80923 INSURER B : Federal Insurance Company 20281 INSURER c:Starr Indemnity & Liability Company 38318 INSURER D :Argonaut Insurance Company 19801 INSURER E Lloyd's Syndicate 2488 Chubb Underwriting Agencies Limited 00000 INSURER F : Lloyd's Syndicate 2121 (Argenta Syndicate Management Limited) 00000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TTTYPE OF INSURANCE LTR WE, SUBR INSD WVD POLICY NUMBER POLICY EFF IMM/DDIYYYYI POLICY EXP (MM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR 646608288 008 2/28/2024 2/28/2025 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Taf LOC OTHER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTEO�S ONLY AUTOS ONLY SCHEDULED AU�TOpSyyN AUTOS ONLY 99511044 2/28/2024 2/28/2025 (EO acB SEC SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ rRROaEERJ ltDAMAGE $ C X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE 1000586864241 2/28/2024 2/28/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED I I RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? El (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 92-907-845142-4 2/28/2024 2/28/2025 X I STATUTE I I ERH EL. EACH ACCIDENT 1,000,000 1 E DISEASE - EA EMPLOYEE $ 1'000'000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ E Pollution Liability F Pollution Liability B0621PENER008024 B0621PENER009824 2/28/2024 2/28/2024 2/28/2025 2/28/2025 Poll Each Occ/Agg Poll Each Occ/Agg 2,000,000 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additlonal Remarks Schedule, may be attachetl if more space is required) -Umbrella and Excess Liability: Umbrella Policy #1000586864241 (2/2812024-2/28/2025) is with Starr ntlemnity and has a $5,000,000 I im Wagg regate. The Excess Liability Policy #NHA106850 (2/28/2024-2/28/2025) is with RSUI Indemnity Company and has an excess limit/aggregate of $5,000,000 over the Starr policy. These policies together provide $10,000,000 in coverage. Both the Umbrella and Excess Liability policies are follow form over the underlying policies. -Architects & Engineers Professional Liability; Error & Omissions & Pollution: Lloyds of London (2/28/2024-2/28/2025) Policy #B0621PENER008024: Limits of Liability $2,000,000 each claim; $2,000,000 Aggregate with $25,000 deductible AND The Excess Professional & Pollution policy is with Lloyds of London Policy #B0621PENER009824 (2/28/2024-2/28/2025) and has an excess limit/aggregate of $3,000,000 over the $2M Lloyd's policy. These policies together provide $5,000,000 in coverage. They are Claims made and reported coverage form. SEE ATTACHED ACORD 101 CANCELLATION County of Weld* SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1150 "O" Street Greeley, CO 80631 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: TACENER-01 GBEAN / 1 ACCDR OR LOC #: 1 ADDITIONAL REMARKS SCHEDULE Page 1 of 2 AGENCY Alliant Insurance Services, Inc. POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 NAIL CODE SEE P1 NAMED INSURED Eastex Tower, LLC 7345 Tenpleton Gap Rd. Colorado Springs, CO 80923 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: -Other States Workers Compensation Coverage: Argonaut Midwest Insurance Company (2/28/2024-2/28/2025) Policy #92-907-845142-4: Limits of Employers Liability $1,000,000 Each accident, policy limit and each employee. Argonaut policy covers AZ, NM, AL, MS, OK, CA, CO, AR, GA, LA, MT, PA, ID, FL, IA, NE, IL, KS, KY, TN, MO, IN, UT, OR, NV, MN, NC, WI & NY. Other States coverage covers all states including those listed previously except ND, OH, TX, WA, and WY. Coverage for TX is under Policy #0001302345 with Texas Mutual (2/28/2024-2/28/2025): Limits of Employers Liability $1,000,000 Each accident, policy limit and each employee. - Drone Coverage - Designated Unmanned Aircraft Coverage included on the General Liability policy with ACE American Insurance Company Policy #G46608288 008with a $1,000,000 in Unmanned Aircraft Liability Aggregate. Limitation of Coverage for Unmanned Aircraft System included on the Umbrella policy with Starr policy #1000586864241 with limits of $5,000,000 each/aggregate. Excess Liability policy #NHA106850 with RSUI is Excess over Starr policy and provides $5,000,000 in additional limits. Total Drone coverage is $11,000,000. -The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder when them is an agreement requiring the insured to require such status to the certificate holder per coverage forms CG 2010 0413 for Ongoing operations & CG 2037 0413 for Completed Operations. -The Commercial Auto policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder when there is an agreement requiring the insured to require such status to the certificate holder. -The Pollution policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder when them is an agreement requiring the insured to require such status to the certificate holder. -The General Liability, Commercial Auto, Workers Compensation and Pollution policies include a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. -The General Liability, Commercial Auto, Excess/Umbrella and Pollution policies contain a special provision with "Primary and Noncontributory" wording. -30 Days' Notice of Cancellation applies to the General Liability, Auto, Umbrella/Excess, Professional/Pollution, Installation Floater and Workers Compensation policies. - Inland Marine/Contractors Equipment/Installation Floater/Rigger's Liability: (2/28/2024-2/28/2025) Policy #06722523, written with Federal Insurance Co., Scheduled Contractors Equipment Limit $11,648,595; Leased, Rented or Borrowed Equipment from Others is included in the Contractors Equipment Limit; $2,500 deductible. Installation Floater: $3,000,000 limit not to exceed $1,000,000 per job site. $250,000 in transit; $250,000 temporary locations. $2,500 deductible. Rigger's Liability: $1,000,000 limit - Property policy #36041910, written with Federal Insurance Co., effective 2/28/2024 to 2/28/2025. Building, Personal Property and EDP coverage is provided per building. If you need breakdown of coverage, please ask. -The General Liability policy contains Stop -Gap Employers Liability Coverage endorsement for Washington, Ohio, and Wyoming with $1,000,000 limits. - Cyber Liability: Fortegra Specialty insurance Company (2/28/2024-2/28/2025) Policy #C4LPX275971CYBER2024; Limits of Liability $10,000,000 Deductible $100,000; Includes Liability, Cyber Crime and Media Liability. Extended Named Insured Schedule: DAS Purchaser 1 Corp.; DAS Purchaser 2 Corp.; EasTex Tower, Inc.; EasTex Tower, LLC; Enertech Resources, LLC; Integrated Wireless Solutions, LLC; JCET Holdings, LLC; Legacy Telecommunications, LLC; Legacy Telecommunications, Inc.; LH Consulting LLC; Ontivity, LLC; RiggingCalc, LLC; TAC Enertech Resources Holdings LLC; CMS Wireless, LLC; NexLevel Safety Training, LLC; Mountain Wireless Construction, LLC *Certificate holder continued: County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, officers and volunteers Weld County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers named as an additional insured, per written contract, with respect to liability and defense of suits arising out of the activities performed by, or on behalf of the Contractor, including completed operations. Should any of the above -described policies by canceled or should any coverage be reduced before the expiration date thereof, the ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: TACENER-01 GBEAN / 1 LOC #: 1 ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Alliant Insurance Services, Inc. Eastex Tower, LLC 7345 Tem leton Gap Rd. POLICY NUMBER Colorado Springs, CO 80923 SEE PAGE 1 CARRIER NAIL CODE SEE PAGE 1 SEE P1 EFFECTIVE DATE: SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance issuing company shall send written notice to the Weld County Director of General Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Form Entity Information Entity Name * EASTEX TOWER LLC Entity ID* @00040960 ❑ New Entity? Contract Name* Contract ID GALETON GRADER SHED BACKUP GENERATOR 8700 INSTALLATION Contract Status CTB REVIEW Contract Lead CNAIBAUER Contract Lead Email cnaibauer@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * PROVIDE AND INSTALL A BACKUP GENERATOR SYSTEM FOR THE GALETON GRADER SHED. BID #B2400113. Contract Description 2 Contract Type * CONTRACT Amount * $1 38,440.00 Renewable * NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date BUILDINGS AND Date* 09/14/2024 GROUNDS 09/18/2024 Department Email CM- BuildingGrounds@weldgo v.com Department Head Email CM-BuildingGrounds- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 03/03/2025 Committed Delivery Date Renewal Date Expiration Date* 03/03/2025 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head PATRICK O'NEILL DH Approved Date 09/10/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09/16/2024 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 09/11/2024 09/11/2024 Tyler Ref # AG 091624 Originator CNAIBAUER 8/26/2024 FACILITIES DEPARTMENT PHONE: (970) 400-2020 FAX: (970) 304-6532 WEBSITE: www.co.weld.co.us 1105 H STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: Board of County Commissioners From: Patrick O'Neill Subject: 82400113 Galeton Grader Shed -Backup Generator As advertised as bid for installation of a new backup generator at the Galeton Grader Shed located at 24980 WCR 74, Galeton CO. The low bid is from EasTex Tower LLC and meets specifications. Therefore, the Facilities Department recommends the award to services to EasTex Tower LLC. In the amount of $138,440. If you have any questions, please contact me at extension 2023. Sincerely, Patrick O'Neill Director q 2oz4-222"1 Be) 002(0 WELD COUNTY PURCHASING 1301 N. 17'^ Avenue, Greeley, CO 80631 reverettOweld.0ov coeisertaweld.0ov ttavlor anweld.900 Phone: 970-400-4222, 4223 or 4454 DATE OF BID: AUGUST 13, 2024 REQUEST FOR: GALETON GRADER SHED BACKUP GENERATOR DEPARTMENT: FACILITIES BID NO: B2400113 PRESENT DATE: AUGUST 21, 2024 APPROVAL DATE: SEPTEMBER 4, 2024 VENDOR EasTex Tower, LLC 7345 Templeton Gap Road Colorado Springs, CO 80923 Colorado Electric 8, Power Systems LLC 5455 Washington, Unit 3 Denver, CO 80216 Southpaw Electric 4433 N.E. Countyline Road Erie, CO 80516 THE FACILITIES DEPARTMENT IS REVIEWING THE BIDS. TOTAL $138,440.00 $169,240.00 INCOMPLETE 2024-2227 312 bC, 002 Hello